Austria has implemented the Use for public security purposes (Art. 5.3(e) InfoSoc) exception in Section 41 of the Federal Law on Copyright in Literary and Artistic Works and Related Rights. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for the use of a work for the purposes of public security or to ensure the proper running of administrative, parliamentary or judicial proceedings.
Implementation details:
Beneficiaries:
- no restrictions
Purposes:
- public security
- proper running of administrative, parliamentary or judicial proceedings
Usage:
- any use
Subject Matter:
- works
- photographs
- performances
- 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 exception applies to photographs (§74(7)), performances (§71(1)), phonograms (§76(4)), broadcasts (§76a(3)) and databases (§76d(5)).
Although there is no restriction to beneficiaries, the EU Court of Justice has interpreted the InfoSoc provision as meaning that free use may be exercised solely by a competent public authority and, in certain cases, by a third party only in coordination with competent national authorities (Painer, Case C-145/10).
