Austria has implemented the Quotation for criticism or review (Art. 5.3(d) InfoSoc) exception in Section 42f 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:

Under this exception a published work (also meaning a work made available to the public with the author's consent in such a way that it is accessible to the general public) may be reproduced for the purpose of quotation, distributed, broadcast, made available to the public and used for public lectures, performances and demonstrations, provided that the scope of the use is justified by the special purpose. The exception expressly extends to cases where i) published individual works are included in a main scientific work (a work of a scientific or instructive nature which consist of pictorial representations or a work of the fine arts may only be included to explain the content); ii) published works of fine arts are publicly presented in a scientific or instructional lecture; iii) individual parts of a published language work are listed in an independent new work; iv) individual passages of a published works of musical art are cited in a literary work; v) individual parts of a published work are listed in an independent new work.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • for the purpose of quotation

Usage:

  • reproduction
  • distribution
  • broadcast
  • making available to the public
  • use for public lectures, performances and demonstrations

Subject Matter:

  • works (published or divulged with the author's consent)
  • photographs
  • film fixations

Compensation:

  • no compensation required

Attribution:

  • the source must always be clearly stated

Introduced/last updated: 01 October 2015

Remarks: A rather case-based approach was replaced in 2015 (Federal Law BGBl. I No. 99/2015 come into force on October 1, 2015) by a more open-ended provision.

Related rights provisions do not reference to §42f. See: photographs (§74(7)), performances (§71(1)), phonograms (§76(4)), broadcasts (§76a(3)).