Austria has implemented the Reporting by the press on current events (Art. 5.3(c) 2nd part InfoSoc) exception in Section 42c 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, distribution, broadcasting, making available to the public or use for public lectures, performances or presentations, for the purpose of reporting on current events, of works that become perceivable to the public during the reporting of current events, to the extent justified by the informatory purpose.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • reporting on current events

Usage:

  • reproduction
  • distribution
  • broadcasting
  • making available to the public
  • use for public lectures, performances or presentations

Subject Matter:

  • works
  • photographs
  • performances
  • phonograms
  • film fixations
  • broadcasts

Compensation:

  • no compensation required

Attribution:

  • the source, including the name of the author, must be indicated unless this proves impossible or the works are only included in the reporting incidentally

Other Conditions:

  • use to a limited extent justified by the informatory purpose
  • applies solely to works that become perceivable to the public during the reporting of current events

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 exception applies to phonograms (§76(4)) and broadcasts (§76a(3)) but does not apply to photographs (§74(7)) or performances (§71(1)).

In addition to Section 42c, Section 42a can also be used for the purpose of reporting current events, especially by media monitoring providers, as it applies not only to works perceivable during the event, but also to the news coverage itself. Under §42a (into force as of November 1, 2013) reproduction for a third-party's own use (unlike 'private use', 'own use' includes 'professional use' within the internal organisation of a legal entity) is also permitted by digital means against remuneration.