Austria has implemented the Use of works of architecture or sculptures in public spaces (Art. 5.3(h) InfoSoc) exception in Section 54, para 1, p.5 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, public demonstration by optical means, broadcast and making available to the public of works of architecture according to an executed construction or other works of fine art that have been produced for the purpose of being permanently installed in a public place. Expressly excluded from the scope of the exception are uses by replicating works of architecture, reproduction of a painting or work of graphic arts produced for permanent installation in a public place, as well as a reproduction of works of sculpture by way of plastic art.
Implementation details:
Beneficiaries:
- any user
Purposes:
- not specified
Usage:
- reproduction (except for replicating works of architecture, reproduction of a painting or work of graphic arts produced for permanent installation in a public place, and reproduction of works of sculpture by way of plastic art)
- distribution
- public demonstration by optical means
- broadcast
- making available to the public
Subject Matter:
- works of architecture according to an executed construction
- works of fine art that have been produced for the purpose of being permanently installed in a public place
- photographs
- film fixations
Compensation:
- fair compensation required (that can be collected solely by collecting societies)
Attribution:
- the source must always be clearly stated
Introduced/last updated: 01 March 1993
Remarks: The exceptions and/or limitations in Austrian copyright law are formulated as 'free uses' of works and other subject matter. The 'freedom of panorama' exception does not extend to related rights.
