Austria has implemented the Press review (Art. 5.3(c) 1st part InfoSoc) exception in Section 44, paras 1, 2 and 3 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 and distribution in other newspapers and magazines, public performance, broadcast and making available to the public of individual articles contained in a newspaper or magazine on economic, political or religious current issues, unless reproduction is expressly prohibited. Press releases depicting simple communications (miscellaneous news, news of the day) do not enjoy copyright protection. However, under Section 79, when these materials are published in newspaper communications or other communications serving newspapers or magazines against payment, they may be reproduced solely in newspapers, magazines or other institutions that ensure the periodic distribution of news, and not before 12 hours have passed as of the first publication authorized by the news collector.

Implementation details:

Beneficiaries:

• newspapers and magazines (for reproduction and distribution)
• any user (for public reading, broadcast by radio and making available to the public)

Purposes:

• not specified

Usage:

• reproduction
• distribution
• public performance
• broadcast
• making available to the public

Subject Matter:

• individual articles contained in a newspaper or magazine on economic, political or religious current issues

Compensation:

• no compensation required under the general provision
• compensation required in cases of digital reproduction for own use (§ 42a)
• compensation required in cases where the 12-hour period forbidding re-use of press releases depicting simple communications is not observed (§79)

Attribution:

• the name or alias of the author of the article as per the source used and the newspaper or magazine from which the article is taken must be indicated

Other Conditions:

• use under the exception can be explicitly forbidden (opt-out option). The reservation of rights on the article or at the head of the newspaper or magazine is sufficient.

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.

In addition to Section 44, other provisions are used for the re-use of news articles by a broader scope of beneficiaries in the following scenarios:

Under Section 42 (1) (regulating private use) everyone may produce individual copies of works published as part of the reporting on daily events for their own use, provided that it is only an analogous use (unlike 'private use', 'own use' includes 'professional use' within the internal organisation of a legal entity).

Under Section 42a (into force as of November 1, 2013) third-party reproduction is also permitted by digital means against remuneration.

Special provision exclude specific subject matter from the scope of the exception, rather then reference to it. E.g. Section 42 does not apply to computer programs as per § 40d (1) and its paras (1), (3) and (4) do not apply to database works as per § 40h (1). Section 42 (2) applies to database works with the proviso that reproduction on paper or a similar medium is also permitted.

Under Section 79 (1), press reports of the type referred to in Section 44 (3), which are contained in newspaper communications or other communications serving newspapers or magazines against payment, may only be reproduced in newspapers or magazines if they have been published at least 12-hours prior. Under para (2) newspapers and magazines are equivalent to all other institutions that ensure the periodic distribution of news to everyone. Section 59a applies accordingly. Lastly, in cases outside the hypothesis of §79, press releases depicting simple communications (miscellaneous news, news of the day) do not enjoy copyright protection.

Attribution is regulated in Section 57 (3) according to which in the cases referred to in § 44, paragraphs 1 and 2, the name or alias of the author of the article as per the source used and the newspaper or magazine from which the article is taken should be indicated. In addition, if there is another newspaper or magazine cited as the source, this should be stated as well.