Austria has implemented the Reproductions by Libraries, Archives & Museums (Art. 5.2(c) InfoSoc) exception in Section 42, paras 6 and 7 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:
The provision of §42(7) allows for institutions accessible to the public, which collect works, to produce copies for the inclusion of said copies in their own archive (reproduction for their own use of collections), their exhibition (§16 (2)), their lending (§16a) and the use of images or sound carriers for public lectures, performances and presentations (§56b), if and to the extent that reproduction is required for this purpose. Furthermore, §42(6) allows reproduction by schools, universities and other educational institutions for their own school use and to the extent justified by it. In both cases, reproduction by means other than reprography is only permitted for non-commercial purposes. The exception does not apply to entire books and entire periodicals, as well as to copies thereof, unless copies are made by way of transcription. However, the exception does cover reproduction of entire works when the latter are unpublished or out-of-print. In cultural heritage institutions' case, the exception also excludes sheet music, while in educational establishmets' case it does not cover works, which, by their nature and description, are intended for use in school or teaching.
Implementation details:
Beneficiaries:
- institutions accessible to the public, which collect works
- schools, universities and other educational institutions
Purposes:
- their own archive
- exhibiting works
- public lending
- use of images or sound carriers for public lectures, performances and presentations
- teaching
Usage:
- reproduction
Subject Matter:
- works (other than entire books, entire periodicals, sheet music)
- performances
- photographs
- phonograms
- film fixations
- broadcasts
Compensation:
- no compensation required
Attribution:
- no attribution required
Introduced/last updated: 07 January 2003
Remarks: The exceptions and/or limitations in Austrian copyright law are formulated as 'free uses’ of works and other subject matter. The provisions of §42, paras 6 and 7, apply to photographs (§74(7)), performances (§71(1)), phonograms (§76(4)) and broadcasts (§76a(3)).
Regarding copies made by cultural heritage institutions, the source must either be in the possession of the establishment, or the work must be made accessible to the public, but not published or out-of-print.
