Austria has implemented the Use of public speeches and public lectures (Art. 5.3(f) InfoSoc) exception in Section 43 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, dissemination, public performance, broadcasting, and making available to the public for information purposes of speeches made within a meeting responsible for public affairs or in proceedings before the courts or other authorities, as well as publicly held political speeches. However, if the speech has been recorded on a sound carrier, the exception does not cover its distribution without the author's consent. Also, it does not cover the reproduction, distribution, and making available to the public of speeches in collections of such works.
Implementation details:
Beneficiaries:
- any user
Purposes:
- information purposes
Usage:
- reproduction
- dissemination
- public performance
- broadcasting
- making available to the public
Subject Matter:
- speeches from public affairs meetings
- political speeches
- court pleadings
- performances
Compensation:
- no compensation required
Attribution:
- the source, including the name of the author, must be indicated, unless this proves impossible
Other Conditions:
- recordings of speeches are excluded from the scope of the exception
- use of speeches in collections is excluded from the scope of the exception
Introduced/last updated: 12 October 2018
Remarks: The exceptions and/or limitations in Austrian copyright law are formulated as 'free uses' of works and other subject matter.
Attribution is regulated in Section 57 (3a) of the Law. §43 applies to performances (§71(5)), but does not apply to phonograms, broadcasts and photographs and cinematographic works.
