Austria has implemented the Use for the demonstration or repair of equipment (Art. 5.3(l) InfoSoc) exception in Section 56 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 public lectures, performances, and presentations of works recorded on image or sound carriers, in business operations that deal with the manufacture, sale or repair of image or sound carriers or devices for their production or use, to the extent necessary to make the customers acquainted with the image or sound carriers or with the devices for their production or for their use or to test their usefulness. The same applies to the use of broadcasts for the public performance of a work using loudspeakers or other technical equipment in business operations that deal in the manufacture, distribution, or repair of broadcasting equipment. The exception does not apply to image or sound carrier which have been manufactured or distributed in violation of an exclusive right to reproduce or distribute the work recorded thereon.
Implementation details:
Beneficiaries:
- any user
Purposes:
- demonstration and repair of image or sound carriers and production and broadcasting equipment
Usage:
- public lectures, performances, and presentations
Subject Matter:
- works
- photographs
- performances
- phonograms
- film fixations
- broadcasts
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- the use must be located within business operations that deal with the manufacture, sale or repair of image or sound carriers, devices for their production or use, or broadcasting equipment
Introduced/last updated: 01 March 1993
Remarks: The exception applies to performances (§71(1)), photographs and cinematographic products (§74(7)), phonograms (§76(4)) and broadcasts (§76a(3)).
