Austria has implemented the Use for advertising the exhibition or sale of works of art (Art. 5.3(j) InfoSoc) exception in Section 54, para 1, items 1 and 2 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 and making available to the public i) of works of art which belong to a public collection in the directories published by the owner of the collection for their visitors, insofar as this is necessary to promote the visit to the collection and ii) of works of visual art that are to be auctioned or are otherwise offered for sale, in directories of the works offered for sale or in similar advertising materials insofar as necessary for the promotion of the event. Such advertising material may only be distributed by the publisher free of charge or at a price not exceeding the production costs. Any other commercial use is expressly excluded. Reasonable compensation is required.

Implementation details:

Beneficiaries:

• the owner of a collection or on their behalf
• any user

Purposes:

• promotion of an exhibition/collection
• advertisement of auctions and sales of visual art

Usage:

• reproduction
• distribution
• making available to the public

Subject Matter:

• works of art
• works of visual art
• photographs
• film fixations

Compensation:

• reasonable compensation required (can be collected only by collecting societies)

Attribution:

• the source must always be clearly stated

Other Conditions:

• other commercial uses are excluded
• in the case of advertisement of auctions and sales of visual art, the advertising material may only be distributed by the publisher free of charge or at a price not exceeding the production costs

Introduced/last updated: 07 January 2003

Remarks: Item 2 of Section 54(2) applies to photographs and cinematographic products (§74(7)).