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Copyright Amendment Law 1982 No 295 of February 19 1982
Copyright Amendment Law, 1982 |
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| (No. 295, of February 19, 1982) |
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| Federal Law Amending the Copyright Act |
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| Article I
Amendment of the Copyright Act |
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| The Copyright Act, published in the Bundesgesetzblatt (BGBl.) No. 111/1936, as amended by the Federal Laws published in BGBl. No. 206/1949, BGBl. No. 106/1953, BGBl. No. 175/1963, BGBl. No. 492/1972 and BGBl. No. 321/1980, and the Notice in BGBl. No. 142/1973, is hereby amended as follows: |
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| “(2) A license to use a work that has been issued before a right to use a work has been granted or assigned shall continue to have effect as regards the person entitled to use the work, where not otherwise agreed with the owner of the authorization to use the work.” |
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| 3. The following paragraph (3) shall be added to Article 38: |
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| “(3) In the absence of proof to the contrary, the person who is designated in the usual manner as the producer on the copies of a cinematographic work by mention of his true name, of his company or of a pseudonym or company designation that he is known to use, shall be presumed to be the producer of the film. The same shall apply to the person designated as the producer in the above-mentioned way in the case of a public performance or a broadcast of the cinematographic work, except where the assumption made in the preceding sentence suggests that the film producer is another.” |
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| 4. The following provision, together with its heading, shall be inserted after Article 42: |
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“Reporting of Current Events
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| Article 42a. Works perceptible to the public in the course of happenings that are the subject of reporting on current events may be reproduced, disseminated, broadcast or used for public recitals, performances and presentations to the extent justified by the informatory purpose.” |
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| “(1) Where the entitled person has permitted another person to duplicate and distribute a musical work on sound recordings, any manufacturer of such recordings may require from the entitled person, once the work has appeared, that the same use of the work be permitted to him in return for equitable compensation; where such manufacturer has his place of residence or principal place of business abroad this shall apply only on condition, subject to any international treaties, that manufacturers having their place of residence or principal place of business in Austria are treated in such State in approximately the same way or at least in the same way as manufacturers having their place of residence or principal place of business in such State. Reciprocity shall be deemed to exist when it has been established in a Notice of the Federal Minister for Justice with respect to the legal situation in the State concerned. In addition, the competent authorities may conclude an agreement on reciprocity with another State where this appears appropriate to safeguard the interests of Austrian manufacturers of sound recordings. The permission to use the work shall be valid only for the duplication and distribution of works on sound recordings in Austria and for their export to States in which the author does not enjoy protection against the duplication and distribution of the work on such recordings.” |
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| 12. The following provisions, together with their heading, shall be inserted after Article 61: |
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“Register of Authors
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| (2) The registration shall be made by the Federal Minister for Justice without examination of the entitlement of the person making the notification to do so or of the correctness of facts notified; it shall in any event contain the particulars required by paragraph (1). Where the notification also states the day and place of birth of the author or of his death, or his nationality, such particulars shall also be registered. |
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| (1) The registration shall be publicly announced at the cost of the person making the notification in the Amtsblatt zur Wiener Zeitung. |
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| (2) Any person may have access to the Register of Authors and require the making of officially certified abstracts and the issue of certification that a specific work is not entered in the Register of Authors.” |
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| 19. Article 74(7) shall read: |
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| “(7) Articles 5, 7, 8, 9, 11, 12, 13, 14(2), 15(1), 16, 17, 18(3), 23(2) and (4), 24, 25(2) to (6), 26, 27(1), (3), (4) and (5), 31(1), 32(1), 33(2), 36, 37, 41, 42a, 54.3 and 4, 56 and 59a and those provisions of Article 42(1) to (3) and (5) to (7) applicable to works of fine art shall apply by analogy to photographs.” |
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| “(6) Articles 5, 7, 8, 9, 11, 12, 13, 14(2), 15(1), 16(1) and (3), 23(2) and (4), 24, 25(2), (3) and (5), 26, 27(1), (3), (4) and (5), 31(1), 32(1), 33(2), 41, 42a, 56, 72(4), and 74(2) to (5) shall apply by analogy; in the case of paragraphs (2) and (4), Article 59a shall also apply by analogy.” |
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| 22. Article 76a (5) shall read: |
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| “(5) Articles 5, 7, 8, 9, 11, 12, 13, 14(2), 15(1), 16(1) and (3), 18(2), 23(2) and (4), 24, 25(2), (3) and (5), 26, 27(1), (3), (4) and (5), 31(1), 32(1), 33(2), 41, 42a, 56, 59a, 72(4) and 74(2) to (5) shall apply by analogy.” |
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| (2) For the application of paragraph (1), all establishments engaged in the periodical dissemination of news to the general public shall be treated in the same way as newspapers and periodicals. However, Article 59a shall apply by analogy.” |
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“Exercise of rights.”
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| “(1) Any person whose exclusive right granted by this Act has been infringed, or any person who has reason to suspect that such infringement could occur, may request an injunction. An action may also be brought against the proprietor of an enterprise where such infringement has been committed or is likely to be committed within the activities of enterprise by one of his employees or agents.” |
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| (2) Publication shall comprise the text of the judgment. At the request of the prevailing party, however, the court may order a publication whose content differs in scope or wording from the judgment or contains a supplement. Such request shall be submitted within four weeks of the judgment becoming final. Where the request is not submitted until after completion of the oral proceedings, the court of first instance shall decide by means of an order after the judgment has become final. |
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| (3) At the request of the prevailing party, the court of first instance shall determine the cost of publication and direct the opposing party to reimburse such cost. |
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| (4) Publication required by a final decision or any other enforcement order shall be carried out by the media undertaker without unnecessary delay.” |
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| 29. The following provision, together with its heading, shall be inserted after Article 87: |
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“RENDERING OF ACCOUNTS
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| Article 87a. Any person required by this Act to pay equitable compensation or equitable remuneration, to pay damages or to surrender profit, shall render account to the person entitled and shall have the accounts examined by an expert. Where such examination shows an amount greater than that in the accounts rendered, the cost of examination shall be borne by the person required to make payment.” |
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| (1) Prescription of claims for equitable compensation, for equitable remuneration and for surrender of profit shall apply in accordance with the provisions on actions for damages. |
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| (2) Claims of individual entitled persons or of groups of entitled persons against the collecting society shall be subject to prescription, irrespective of the person entitled having knowledge of the facts on which are based the obligation to payment of the collecting society, on expiry of three years counted from such time.” |
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| (2) Any person who, being owner or director of an enterprise, does not prevent infringements of this type from being committed within the activities of the enterprise by an employee or an agent shall also be punishable. |
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| (3) The infringer shall only be prosecuted on request of the person whose right has been infringed. |
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| (5) The penal proceedings shall be heard by the judge of the court of first instance sitting singly.” |
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| (2) The term of protection enjoyed by foreign authors for their works in Austria under the Universal Copyright Convention of September 6, 1952 (BGBl. No. 108/1957), or under the Universal Copyright Convention as revised on July 24, 1971 (BGBl. No 293/1982), shall be computed on the basis of Article IV.4, first paragraph, or Article IV.4(a), respectively, of those Conventions.” |
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“Sound Recordings and Broadcasts
Sounds Recordings.”
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| 36. The following title shall be added at the head of Article 99a: |
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“Broadcasts.”
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| “(2) Its implementation shall be entrusted to the Federal Minister for Justice.” |
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| Article II
Transitional Provisions |
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| (1) The Federal Minister for Education and the Arts shall without delay transmit to the Federal Minister for Justice the Register of Authors kept under Ordinance BGBl. No. 171/1936 and the Registers of Authors kept under RGBl. No. 198/1895 and BGBl. No. 92/1921 together with all documents concerning these Registers. |
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| (2) Access to the Registers and the making of extracts and issuing of certificates shall be governed by Article 61c(2) of the Copyright Act as amended by this Federal Law. |
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| Article III
Final Provisions |
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| (3) With the entry into force of this Federal Law, the following shall be repealed: |
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| 1. The Ordinance of the Federal Minister for Education in agreement with the Federal Ministers concerned, regarding the Register of Authors, BGBl. No. 171/1936; |
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| 2. The Federal Law of November 7, 1956 (BGBl. No. 109/1957), on the implementation of the Universal Copyright Convention of September 6, 1952 (BGBl. No. 108/1957). |
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