Austria has implemented the Private copying (Art. 5.2(b) InfoSoc) exception in Section 42, para 4 of the Federal Law on Copyright in Literary and Artistic Works and Related Rights. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows for the reproduction individual copies of a work by a natural person for private use and not for direct or indirect commercial purposes. Reproduction made using an unlawful source or for the purpose of making the work accessible to the public does not fall under this exemption.
Implementation details:
Beneficiaries:
- natural persons
Purposes:
- private use
Usage:
- reproduction
Subject Matter:
- works
- photographs
- phonograms
- film fixations
- broadcasts
Compensation:
- storage media remuneration due
Attribution:
- no attribution required
Other Conditions:
- reproduction must be of individual copies only
- reproduction must be from lawful sources
- entire books, entire periodicals, or sheet music, as well as of copies thereof must not be reproduced, unless copies are made by way of transcription or books and periodicals are unpublished or out-of-print.
Introduced/last updated: 01 October 2015
Remarks: The exceptions and/or limitations in Austrian copyright law are formulated as 'free uses' of works and other subject matter. The personal use exception applies to photographs and cinematographic products (§74(7)), performances (§71(1)), phonograms (§76(4)), broadcasts (§76a(3)). As per Section 40d (1), Section 42 does not apply to computer programs and under Section 40h (1), it does not apply to database works. However, any natural person may make individual copies of a database work, the elements of which are not individually accessible by electronic means, for private use and neither for direct nor indirect commercial purposes.
'Individual copies' means a certain restricted number of copies required by the nature and purpose of the 'own use'. The exact number is unclear both in cases of 'own' use and 'personal' use (see OGH 4 Ob 94/92 – Null-Nummer II) and must be established on a case-by-case basis.
'Lawful source' means that no obviously unlawfully produced model or a model which has been unlawfully made available to the public has been used for copying.
Under Section 42a (into force as of November 1, 2013) third party reproduction is also permitted by digital means against remuneration.
