WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/l/ AUT/C/2 
5 July 1996 
(96-2486) 
Original: English 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS 
AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
Austria 
The present document reproduces 1 the 1996 Copyright Act Amendment -UrhGNov 1996, as 
notified by Austria under Article 63.2 of the Agreement (see document IP/N/I/AUT/I/Rev.2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Autriche 
Le present document contient Ie texte de la Loi de 1996 portant modification de la Loi sur 
Ie droit d'auteur -UrhGNov 19961, notifiee par l' Autriche au titre de l'article 63:2 de l' Accord (voir 
Ie document IP/N/1/AUT/1/Rev.2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Austria 
En el presente documento se reproduce I la Ley de modificaci6n de la Ley de Derecho de 
Autor -UrhGNov 1996, notificada por Austria en virtud del parrafo 2 del articulo 63 del Acuerdo 
(vease el documento IP/N/1/AUT/1/Rev.2). 
lIn English only/anglais seulement/ingles solamente. IP/N/lIAUT/C/2 
Page 2 
151Ch Federal Law with which the Copyright Act and the 1990 Copy­
right Act Amendment are amended (1996 Copyright Act Amendment 
-UrhGNov 1996) 
~he National Council decided: 
Article I 
Amendment to the Copyright Act 
The ~opyright Act, Federal Law Gazette No. 111/1936, amend~d by 
the Fede~al Law as promulgated'in Federal Law Gazette No. 
93/1993 I shall be amended as ,follows: 
1. In § 3, para l, the terms "handicraft" shall be replaced by 
"applied art (handicraft}1I 
2.. In § 16 1 para 3 the expression "subject to § 16111 shall be 
replaced by "subject to §§ 16 a and 16 bll
• 
3. The following § 16 b shall be inserted after § 16 a: 
"~ibiting 
§ 16 b. (1) § 16, paras 2 ~d 3 shall app~y to the public 
~xhibiting of copies under the provision that the author shall be 
Entitled to equitable remuneration, if copies of graphic art are 
exhibit-ed for conunerc'ial purposes against payment. Such c~airns 
shall be enforceable by performing rights societies only. § 16 a, 
para 5 sha~l apply mutatis mutandis. 
(2) Para 1 shall not apply to works of applied arts 
(handicraft) . II IP/N/lIAUT/C/2 
Page 3 ' 
4. The fol·lowing § § 1 7 a and 17 b shall be inS'erted after § 17: 
~§ 17 a. If the progr~e carrying signals are broadcast coded, 
this shall be considered as radio broadcast only if the means for 
decoding the broadcast have been made accessible to the public by 
the radio broadcaster or upon his consent. 
§. 17 h. (l) In the c,ase .of a radio broadcast via sat~11ite the 
exploi~atiori activity reserved for the author shall encompass the 
input of the programme carrying signals J under the control and 
responsibility of the radio broadcaster, into an uninterrupted 
communication chain leading to the', satellite and back to earth. 
The radio broadcast via satellite shall therefore, subject to 
para 2, only be realized in the country in which this input is 
undertaken. 
, (2) If the input as specified in pa~a 1 is undertaken in a coun­
try which is not a member state of the European Economic Area and 
in which the prot\~'ction level provided for in chapter II of the 
directive of the Council of the European Communities, dated 27ch 
September/ 1993, for the coordination of certain provisions in 
respect of the protection of authors and services regarding sa­
tellit·e broadcasting and diffusion by cable, A.BL No L 248, dated 
'6'1:1\ October J ,1993, P .15 1 in the version applying to Austria in 
accordance with Annex XVII of the EEA agreement, is ~ot guaran~ 
teed, no broadcast shall be undertaken 
1. in the Member State of the European Economic Area in which 
, ' the terrestria~ broadcasting station is situated from which 
the programme carrying signals are transmitted to the 
satellite: 
2. if the precondition according to Z 1 is not met, in the 
Member State of the European Economic Area, in which the IP/NIV AUT IC/2 
Page 4 
radio broadcaster, who commissioned the input as referred to 
in para 11 has his main office. 
(3) In the cases of para 2 the operation of a terrestrial broad~ 
casti~ station and/or the commissioning of an input as r~ferred 
to in para 1 shall be understood as a broadcast in the meaning of 
§ 17, para 1.11 
5. The following sentence shall be inserted in § 38, para 1 after . . the first sentence: 
"The film producer and the author shall be entitled to equal 
shares in the legal rem~eration claims unless they are 
unrepounceable and the film producer has not entered into any 
other agreement, with the author. If 
6~ The following sentence shall be added to § 39, para 4: 
Ijin as far as these auth()rs have not entered into any other 
~greement wi th th~!) film producer, this consent shall not be re­
quired for translations and adaptation including the comple~ion 
of an unfinished cinematographic work, required for the ordinary 
exploitation of the ci,nematographic work in accordance. with ho­
nest habit's and practices not detrimental to the intellectual 
interests of the author in his work.M 
7. § 39, para 5 shall be canceled. 
'8. i 42 shall read: 
MReproduction for one's own use 
§ 42 (1) Anyone shall be entitled to reproduce cop~es of a work 
for his/her own use. IPINIl! AUT/e/2 
Page 5 
(2,) If -such reproduction is made for the purpose of making the 
work ',acces'sible to the public by means of the copy made, this 
sh~ll not be considered as a reproduction for one's ~wn use, 
subject to paras 4 and 5. Copies reproduced for one'~ own use' 
must not be used for the purpose of making the' work accessible to 
th~ public. 
~3,) Schools and universities shall be permitted to produce and 
distribute for the purpose of instruction and/or education to the 
extent justified thereby as many reproduction copies as are re-
I I I • 
qui~ed for a certain class or lecture (Reproduction' for use at 
s'chool). The authorization to reproduce works for use at school 
shall not apply to works destined for instruction and education 
by their nature and designation. 
"4), Institutions open to the public and collecting copies shall 
be' entitled, unl~ss this is done for commercial ~roposes 
(reproduc tion f o~" ·~internal use 0 f collections): 
1. to reproduce one copy each of their own copies; such a re­
produce$i COP:2" may be exhibited (§ 16, para 2), lent. (§ 16 
a), and used according to § 56 b ~der the same conditions 
as the latter; 
2 to make copies of publish~d, but not marketed or sold out 
\-lorks j for as long as such works have not been m~.rketed or 
are sold out, such reproduced copies may be exhibited (§ 16, 
para 2), lent according to § 16 a and used accordi~g to § 56 
b. 
{5) The following reproductions shall, however, be permi6s~ble 
oniy upon the consent of th~ righthoider: IP/N/lIAUT/C/2 
Page 6 
1. the reproduction of entire books or magazines unless this ~s 
done by copying the latter by hand, or the work concerned is 
an unpublished or out of sale one, or the pr.econditions 0'£ 
para 4, Z 1 applYi this provision shall also apply if the 
reproduction basis is not the book or magazine as such but a 
reproduction of the book or magazine obtained in whatever 
waYi 
2. 'the ,execution of a wo'rk of architecture according tQ a plan 
or design or the reconstruction of such a work. II 
9. The following §§ 42 a and 42 b shall be inserted after'§ 42: 
",§ .42 a. Upol1 an order individual reproduction copies may be made 
free of charge also for an other persons's use. Such'reproduction 
shall be permissible also against payment 
1'. if the reprodUction is made by ~eans of reprographic or 
similar methods; 
2. if a work of literature or music is reproduced by copying by 
hand. 
§ 4~ b. (l) If it is to be anticipated that a work which is bro­
adcasted on the radio or recorded on a picture or sound carrier 
produced for'commercial purposes, will be reproduced for a per­
s'ons 's own use by recording it on a picture or sound carrier, the 
~uthor shall be entitled to equitable remuneration (empty 
cassette remuneration), if the carrier material is put. ,on the 
domestic market for sale; carrier material shall refer to unused 
~icture or ',sound carriers suitable for such reproduction, or 
q'ther picture or sound carriers destined for such purposes. IP/N/lIAUT/C/2 
Page 7 
('2) If-it is to be anticipated that a work because of its kind 
will be reproduced by ~eans of reprographic or similar methods 
f9r a person's own use, the author shall be entitled to equitable 
remuneration (reprographic reproduction ramuneration) : 
1, . if an equipment which by its construction is destined for 
such reproduction (reproduction equipment), is put on the 
domestic market for sale (equipment remuneration), and 
2. if a reproduction equipment is operated at schools, univer­
sities, institutions for educational or other vocational and 
further training purposes, research institutions, public 
lib:r:aries or insti tUItions operating reproduction equipment 
against payment (opera.tor rem~neration) . 
(3) The following persons shall have to pay the remuneration: 
1. The remunera'eion for empty cassettes and/or equ~pment the 
person who first puts on the domestic market agains~ payment 
and for commercial.purpdses the car.r~er material and/or the 
r-eproduction equipment; anyone subsequently putting the 
carrier material and/or the reproduction equipment on the 
domestic market against payment and for commercial purposes 
or offers the latter for sale, shall be liable as.guarantor 
and payer. Exempt from the liability for empty cassette 
remuneration shall be a person receiving sound carriers with 
not more than 5 000 hours playing time and picture carriers 
with not more than 10 000 hours playing time within a period 
of half a year; 
2. The operator·remuneratio'n the operator of the r\=production 
equipment. I~/N/lI AUT le/2 
Page 8 
(4) When assessing the remuneration the following circumStances 
shall be taken into special consideration: 
i.' in respect of the empty cassette rem~nerat~on the playing 
tirnei 
2. in respect of the equipment remuneration the capacity of the 
equipmenti 
3. in respect of the operator remuneration the type and scope 
of utilization of the reproduction equipment to be 
anticipated in view of the circ~tances, above all, the type 
of enterprise, the location of the equipm~nt and the custo-
. mary use. 
(5) Remuneration clai~ in accordance with paras 1 and 2 can only 
be'made by performing rights societies. 
('6) The performing rights society shall pay back the equitable 
remuneration 
1. to the personl exporting the carrier material or a ~eproduc­
tion equipment prior to selling the latter to an end user; 
2. to the person using carrier material for a reproduction for 
another than his own u'se, unless this use refers to a free 
utilization of a work; prima facie evidence shall suffice.D 
10' The former § 42 a shall be defined as § 42 c. 
II'. ,§ 45, para 1 shall read: 
1'(1) individual literary works or works of the kind described in 
§, ~ II Z 3 may be rep,roduced and distributed upon publication to an 
'extent justified by the respective purpose: 
~n a collection containing works of several authors and 
,,-:hich by its nature and denornina tion is des tined for church" 
school, or education purposes; a work of the kind referred IPINll! AUT/e/2 
Page 9 
~o in § 2, Z 3 may only be included for an explanation of 
the contents; 
2. in a work which by its nature and denomination is destined 
for school use; only for an explanation of the contents." 
~2. '§ 51, para.' 1 shall read: 
n, (1) Individual works of music may be reproduced and Qistributed 
upon publication in the form of notations in a "work, which by its 
nature and denomination is destined for school use, to an extent 
j1l;p'ti f ied by the purpose: 
1. if they are included in a collection combining works of 
several authors and destined for music lessons, 
2. if they are only included for an explanation of the 
C.ontents. N' 
'12 a. In § 53, ,paJ;a 1, Z 4 the term, "music bandit shall be repla­
ced ~y the phr~se "music band or such.a chorus". 
13. § 54, para 1, Z 3 shall read: 
"3. ~c reproduce' and'distribute individually published works of 
graphic art in a wprk which'by its nature and denomination is 
destined for school and education purposes only for the expla~a­
tion 6f the contents, or in such a school book for the purposes 
'of art educatfon of the youth. ,. 
1'4. The following Z 3a s'hall be inserted after §, 54, para 1, Z 3: 
'::3 'a. to reproduce and distribute individually published w~rks' of 
graphic art in a scientific work constituting the main topic i II 
15 .. The followi,ng § § 56 a and 56 b shall be inserted after §: ,56 : IP/N/lIAUT/C/2 
Page 10 
uper.mitting the use of picture or sound carriers to federal in­
stitutes for audiovisual media. 
§ 56' a (1) Picture or soun~ carriers on which a published work is 
re~orded, ~ay be distributed by permitting the use to federal 
institutes for audiovi·sual media (§ 30 a of the research organi­
sation law, Fede!al ;Law Gaz,ette No. 34/1981) w For this purpose 
also a reproduction of the picture or sound carrier shall be 
permitted. 
(2) Para 1 shall not apply to picture or sound carriers having 
been produced or distributed by violating an exclusive right to 
. reproduce or distribute ,the work recorded on these carriers. 
Use of picture or sound carriers in libraries 
§ 56 b (I) Institutions open to the public (libraries, collec­
tions of picture or sound carriers and the like) may use picture 
or sound carriers for public recitations, performances and pre­
sentations of the works recorded thereon to not more than two 
visitors at a time of the institution, provided this is not done 
for commercial purposes. The author shall be entitled to equita­
ble remuneration therefor. Respective claims can only. be made by 
performing rights societies. 
~2) Para 1 s~all not apply. if a picture or sound carrier is·used 
which was produced or distributed by violating an exclusive right 
to.r~produce or distribute the work recorded thereon. 
Public communication during lessons IP/NI1 IAUT/C/2 
Page 11 
§ 5? c (1) Schools and universities may, for the purpose of in­
struction and/or training to the extent justified thereby, 
p~licly perform cinematographic works and related works of mu­
sic; the right to play feature films shall be restricted to uni­
'rers,i ties though_ 
(2} For a public per~or.mance in accordance with para 1 the author 
shall' ,be entitled to equit.able remun.eration. Such claims can only . " be made by performing rights societie~. 
(3) Paras 1 and 2 shall not be applicable 
1. to cinematographic works, which by their nature and 
designation are destined for use at schools and 
'Universities; 
2. if a picture br sound carrier ~s used which was produced Or 
distributed by violating an exclusive right t~ reproduce 'or 
distribute the work recorded theron. 
Public communication in accommodation enterprises 
§ 56 d (l) Accommodation enterprises may publicly perform 
cinematographic works for the guests they accommodate, if 
1. at least two years have passed since the first performance 
of the cinematographic work in Austria or in the German 
language or in a l~guage of a 'minority group recognized in 
Austria, 
2. the performance is realized by means of a picture' of sound 
carrier manufactured 'for commercial purposes and the 
distribution of which is permissible in accordance with § 
16, para 3, and IP/NIlIAuT/C/2 
Page 12 
3. the audience is admitted free of charge. 
2) For the public performance in accordance with para 1 the au­
thor shall be entitled to equitable remuneration. Such claims can 
only be made by performing rights societies." 
16. § § 59 a and 59 b shall read: 
If,§ ,59 a (1) The right to use broadcasts of works including those 
vi'a' sa'tellite 'for the simultaneous, complete and unchanged 
~ransrnission by me~~s of cable can only be asserted by performing 
rights societies; this shall not applYJ however, to the right of 
asserting infringements of copyright at court. 
(.2) Broadcasts may be used for' a t~ansmission wi~hin the meaning 
~f para 1 if th~\ transmitting radio broadcaster has obtained 
".-permission' to do ~o from the competent performing rights society 
(.§ 3 VerwGesG, Federal Law Gazette No. 112/1~36). By r~ference to 
this permission also the authors who did not conclude a protec­
t'ion of rights I contract and whose rights are not protected on 
,the basis of 2a reciprocity contract with a foreign performing 
rights society either, shall have the same rights and obligations 
as the right holders of the performing rights society. 
{,2) Paras 1 and 2. shall no,t apply I however I if the right of 
t,ransrnission in the meaning of para 1 rests with the radio 
broadcaster whose broadcast ~s transmitted. 
§ 59 b (1) If no contract i's concluded on the permi'ssion of 
t'ransmission in the meaning of § 59 a, every one shall be entit­
led to request judicial assistance from the arbitral'body' (art. 
:(II Urb GNov. 1980). The arbi tral body may submi t proposals to 
the parties. Such a proposal shall be considered as accepted by IP/N/lIAUT/C/2 
Page 13 
the parties if none of the latter raises an ,objection within a 
period of thre~ months. 
(2) If no contract on the permission of transmission in the mea­
ning of § 59 a, para 1 is concluded for the simple reason that 
the performing right s~ciety or the authorized radio-broadcaster' 
(§,59 ar para 3) failed to enter into the negotiations in good 
faith or hindered or prevented the latter without good cau~e, the 
transmitting radio broadcaster shall be entitled to obtaining a 
permission at equitable conditions. II 
17. § 61 shall read: 
I(§ 61. The copyright of works the author o'f which (§ 10, para 1) 
'had not been designated in a way giving reasons in support of 
assum~ng the authorship in accordance with §,12, shall end 
severity years upo~ its creation. However, if the work ~s publis-
it 
hed prior to expi~ of this period, the copyright shall end se-
venty years after publication. II 
18~ § 62 shall read; 
II Cinematographic works 
S 62. The copyright of cinematographic works shall end seventy 
years' after the death of the last living representative of the 
following persons, i.e. the chief producer and the author of the 
film script, of the dialogues and of the musical work specially 
created· for the cinexnatographic work." 
19 ~ § ,63 shall read: 
"Serial works IP/N/lIAUT/C/2 
Page 14· 
§ 63. For works published in' several volumes, parts, consign­
ments, numbers or episodes and in respect of which the publica­
tion represents the decisive fact for the commencement of the 
protection period, the latter shall be assessed at the publica-
I • ' , 
tion of each component.u 
20. § 67, para 1 shall read: 
'; (1) The exploitation rights of the· persons referred to in § 6.6, 
paras 1 to 5) shall expire fifty years after the recitation or 
performance; if) however, a pictur~ or sound carrier on which the 
recitation or performance is recorded, is published prior to 'the 
expiry of this period, fifty years after the publication. The 
respective periods shall };)e assessed accordipg to § 64.11 
21. In § 67, par.~ 2, the quotation "§ § 59 a and 59 bn shall be 
canceled. 
22. § 69 I para 2 I last sen,tenc.e shall read':' 
'~§ .42 I paras 3 and 4 I § 42 b 1 paras 1 and 3 to 6 shall apply 
~ccordingly. /I 
23. s.69, para 3, shall read: 
I~ (3} § 561 paras 1 and 3, and § 56 a shall apply accordingly." 
24. In § 70, para 1 the last half sentence shall read: 
"§ 33, para I, § 66, para 6, § § 59 a and 59 b shall apply 
accordingly. " 
25 .. The heading of section ,II of the Second Main Part shall read: 
"Section II 
Protection of pictures, sound carriers, radio broadcasts , and posthumous works 1 IP/N/1/AUT/C/2 
Page 15 
26 .. In § 74, para 6, first sentence and in § 76 a, para 4, firs,t 
sentence, the words "thirty yearsn shall in both cases be repla­
ced ~y U fifty years ~ n 
27. §' 74, para 7 shall read: 
-I (,7) § § 5,7 to 9, 11 to 13, 14, para 2, § 15, para 1, § § 16, 16 
a" ~6 b, 17, 17 a, 17 bl 18, .pa~a 3 ~ § 23, paras 2 and 4, § § 24, 
251 paras 2 to 6, § § 26, 27, paras.l, 3J 4 and 5" .§ 31, para 1, 
§ 32, para II § 33, para 2, § § 36, 37, 41, 42 at 42 b, 42·c, 54, 
para 1, Z 31 3a and 4, and para 2, § § 56, 56 a, 56 h, 59 a and 
59 b shall apply .to pictures, § § 56 c 'and 56 d t,o cinematogra­
phic products . m.u't a tis, mutandis i however I § 42 a, second 'sentence I 
Z 1 shall not apply, to reproductions of commercially manufactured 
pictures on the pasis of a model obtained by means of a 
.""., photographic process. It 
28: § 76, para 4, last sentence shall read: 
"§ 42, paras 2 and 3, § 42 a and § 42 b, paras 1 and 3 to 6 shall 
~pply accordingly. II 
29. In § 76, para 6 { quotation 1'42 a 1\ shall be replaced by 1142 
e"l; t4e semicolon after the first half sentence shall be replaced 
by a full 'stop, the second half sentence shall be canceled. 
30. The following sentence shall be added to § 76 a, para 3: 
d§ 42J paras 3 and 4 shall apply accordingly." 
31. In § 76 aJ para 5 'the quotation 1142 a" shall be replaced by 
1142 c" and the quotation 1156"1, by 1156, 56 a II; quotation .. § 59 a ~I 
~hall be canceled. 
~,2. The following § 76 b shall be inserted after § 76 a: 'IP/N/lIAuT/C/2 
Page 16 
D4,. Posthumous Works 
§ '76 b. Anyone publishing an unpublished work for which the pro­
~ection period has expired, with due permission, shall be entit­
led to the ~loitation r'ights of the work in the s~e way as an 
author. This protection right shall expire twenty-five years 
after the publication; the period shall be assessed according to 
§ 64. II 
j3.' In § 86( para 2 the quotation "§ 56, para 3" shall be repla­
ced by "§, 56, para 3, § 56 b( para 2, 56 c, para 3, Z 2, § 56 d, 
para 1 ... Z 2. II 
33 a. § 87 a, para 1, first sentence shall read: 
Anyone compelled by virtue of this law to pay an equitabl,e com­
pensation or an '~quitable remuneration, an equitable: shar'e of 
such a consideration, to pay damages or render the profit made, 
shall be obliged to render an account to the rightho'lder and to 
have the correctness ,of such an account checked by an expert.-
3,,4 A § 87 a, para 2 shall read: 
",~yone' liable as guarantor of payer in the meaning of § 42 b, 
para-3, Z 1, shall inform the rightholder also about the person 
f'rom whom he received the carr.ier material or the reproduction 
~qu;LtJrnent, unless he/she pays the remuneration." 
35. In § 87 a, para 3, the quotation 1I§,42, para 5, last senten­
ce 11 shall be replaced by .r § 42 b I para 3, Z 111. 
36. § 90 at para 11, para 2 and para 3 shall read: IPINll! AUT/C/2 
Page 17 
,(~) Carrier material and reproduction equipment in the meaning of 
,§ 42 bJ released for free circulation or deposited at a, depot of 
type D in the meaning of the respective customs provisions, shall 
have to be declared by the declarant in line with the specifica­
tions according to paras 3 and'4 with a separate declaration. In 
this declaration the"number of pieces, the type and trade marks 
of the declared goods shall be stated; with carrier material 
~reover' the length ,of performance, and with reproduction e~ip­
ment, the capacity (reproductions per minute) shall be indicated. 
The declaration is a neqessary document for customs clearance 1n 
the meaning of the customs provisions. The declarations shall be 
transmitted by the customs offices to the performing rights so­
cieties asserting claims in accordance with § 42 b and: in con­
ne'cti.on therewith, § 69, para 3, § 74, para 7, and § 76, para 4. 
(2' ExemPt ,from this 'obligation to declare in accordance with 
para 1 shall be ~~nsignments remaining exempt from import duties 
iz:l accordance' with customs pr~"isions; in the case of carrier 
material also consignments consisting of not more than 100 
p~e'ces . 
(3) The Federal Minister of Justice shall stipulate by decree, in 
ag~eement ,with the Federal Minister of Finance, which goods 
designated according to the positions of the combined 
nomenclature (regulation EEC No. 2658/87 of the Council of 23X? 
July, 1987, on the cu~toms tariff and statistical nomenclatur.e 
and the common customs tariffJ O.J. No. L 253 of l1eh October, 
1993 r p. ,1 in the respective current version) shall fall under 
the' obligation of declaration according to para 1 and to which 
per£cirming rights societies the'd~clarations'shall have to be 
sent; the decree' shall, furthermore, stipulate the form and con­
tents of the declaration. The decree shall, have to take the ne­
cessary adminis,trative expenditure and the requirements of the 
performing rights soc~etie,s into due consideration. II IP/N/lIAUT/C/2 
Page, 18 
('4) ;' In as; far as the pro~ecti'on 0'£, copies for which the-protec-
, , ,I . I 
tion period accord::Lng to the provisions 'in force so far is revi-
, -ved according to para :2, 'reproductions started before July 1 n~ , 
1995 ,may be completed also after March 313~1 1996 and such repro­
ductions as well as reproduced pieces already available before 
July 1:!:r:, 1995 be distributed also after March 31::t
, 1996. This 
shall apply mutatis mutandis to recitations and performances of', 
W9rks of literature and music, photos and radio broadcasts. 36'a~ § 90 a, para 5, shall read: IP/N/lIAUT/C/2 
Page 19 
~(5) The declarant and the recipient of the declared goods stated 
I 
in the declaration shall have to inform the perfo~ing rights 
soc'ieties referred to in para 1 upon their request corr~ctly and 
co~letely 'on the relevant circumstances of the payment 
9bligation .. D 
37. The following sentence shall be added to § 91, para 1: 
The 'interference shall not be punishable J however, if it 6nly 
concerns the unauthorized reproduction or an unauthorized recor­
ding cf a recitation or a performance for a person's own purposes 
or free of charge upon request for another person's own use. II 
38 .. The followinsp para 2 a sha,ll be inserted after § 91, para 2: 
1\ (2 a) Whoever conunits a punishable act commercially, shall be 
~unished with imprisonment of· up to two years. II 
39. ,The following § 99 b shall be inserted after § 99 a: 
, uposthumous works 
§ 99 b. For the protection of posthumous works (§ 76 b) the 
provisions of § § 94 to 96 shall apply mutatis mutandis.~ 
Article II IP/N/1/ AUT/C/2 
Page 20 
Modificat~ons of the Amendment to the 1980 Copyright Law 
I);Ihe Federal Law of 2:..d July, 1980 I F~deral Law Gazette ,No. 321, 
with which the Copy~ight Law is amended 
(Urheberrechtsgesetznovelle 1980 -UrhGNov. 1980)( last amended 
by the Federal Law as promulgated in Federal La~ Gazette No. 
612J19B9, shall be amended as follows: 
1. ~t. IIJ para 1, first sentence shall read: 
,Inresp~ct of enterprise~ pursuing the purpose of asserting 
claims' for empty cass'et te remuneration (§ § 42 b I 69, 74 and 76 
UrhG) the Performing Rights Societies Law and the decree as pu­
~li'shed in Federal Law Gazette, No-188/1936 and equivalent to a 
'federa~ law shall, be applied as far as provided for in paras 2', 
3, '5 and G and Article III mutatis mutandis as regards their 
entire activitie$,1 in, as far a·s the per~orming Rights societies 
Law in Federal Law~' Gazette NO_' 112/1936 had not already been 
app'licable. II 
2. Art~ II, para, 4 shall be ~anceled. 
3'. In art .. II I para 6 the second sentence shall lapse. 
4. In art-II, para 6, last sentence the quotation "para 1, Z 1" 
.~h~11 be z:eplaced by Dpara 1"_ 
Article III 
Entering into force and implementation IP/N/1/AUT/C/2 
Page 21 
(1') This Federal Law shall enter into force on April 1~1! I 1996, 
except for para 2. 
\f) Art a 1., Z 16, 21 arid 24 (§ § 59 a and 59 b UrhG in the ver­
sion of this Federal Law and the corresponding validity of these 
provisions according to,§ 67, para 2, and § 70, para 1 UrhG in 
the vers.ion of this Federal Law) and Art. II shall enter. into 
force as at ~anuary 1998. 
~3) Implementing regulations may be issued already prior to April 
i aI:, 199'6 but shall not enter into force before that date. 
(4) The Fe~~ral Minister of Justice shall be entrusted with the 
e.xecut~on of this Federal Law. 
Article IV 
~ty cassette remuneration 
For the period April ls:t, 1996 to December 31::t:, 1997 Art. II, 
para 1, Z 1 UrhGNov 1980 shall read.: 
!III. fpr empty 9assettes,remuneration (§ § 42 hi 691 74 and 76 
UrhGNo.v) or" 
Article V 
E~~bition 'IP/N/l! AUT/e/2 
Page'22 
2; 16 b UrhG in the version of this Federal Law shall also apply 
to copies in respect of which the right of distribution according 
too § 16 I paras 2 and 3 UrHG expired prior to April 1 ~t, 1996. 
This shall also apply to the respective validity of the prov~­
sions referred to according to § 74, para 7 UrhG in the version 
of this Federal Law~ 
Article VI 
Cinematographic works 
(l} § § 38 and 39 UrhG in the version of this Federal Law shall 
apply to commercially produced cinematographic works commenced 
, , 
before December 3l sr.; J 1995. 
(~) § §'38 and 39 UrhG in the'version of this Federal Law shall 
apply to oth~r commercially produced cinematographic, works' pu­
blished after December 31&1;, '1996, provided that the author is , , ' 
entitled to the following share of the legal remuneration claims: 
for 'the period January 1~C:: to December 3is~ the share shall read 
3.3 % , for the year 1997 and the following years until the year 
2'004 the share shall increase by 3~3 % for each year and shall 
amoUnt to 33 % as from 2005 onwards. 
(,3) If a film ma)<:er or exploitation rightholder entitled to do so 
according to § 38r para 1 UrhG per.mits others the use of a cine­
matographic work against payment for the simultan~ous complete 
and unaltered 'transmission by means of cable, the author shall be 
elltitl'ed to a share of the remuneration.: the amount of the share 
shall correspond to the amount of the share of the legal remune­
~ation. claim according to para 2. Artic.le VII IP/N/1/AUT/C/2 
Page 23 
Radio broadcast via satellite 
The co-producer of a cinematographic work may permit another 
person the radio bro,adcast of. the cinematographic' work via 
~atellite only upon the ,consent of the co-producer concerned (Z 
5) I if 
1. the cinematographic work was Jointly produced by film makers 
fr.om several countries, 
2. at least one co-p'roducer belongs to the Member State of the 
European Economic Area, 
.;;, the contract on the joint production of the cinematographic 
work was 'cap-eluded ,before April 1~t:., 199:6, 
4. the contract"explicitly allocates the right to broadcast to 
certain areas, i.e.' for all technical means of the broad­
cast, and no special -regulation is made 'for broadcasting via 
satel~ite, and 
5. the broadcas·t via satellite impairs the exclusive right to 
broadcast of a co-producer. 
Article VIII 
Protection periods 
(1) This Federal Law shall not apply if already ~ing protec­
tion periods would be ·affec'ted. 
(2) In as f?-r as th,is Federal Law provides for a prolongation of 
the protection period, it shall apply to copies produced, IP/N/1/AUT/C/2 
Page 24 
recitations and performances given, photos taken and broadcasts 
ef~ected before April lac J 1996: 
1. for which the protection period has not expired on July 
1::1: I 1995 according to the regulations in force so far, or 
2. which,are protected in ~'Member State of the European 
Economic Area and for wbich the protection period in this 
Member State has not expired on July l~c, 1995. 
'(3), If the author (§ 10, para 2 UrhG) created a utilization 
r'ight, issued a utilization permission or legally acquired a 
remuneration claim before April l~t, 1996, this provision shall 
in the case of any doubt not extend to the prolonged protection 
~,er.io.d 'brought abou,t by this Federal Law; anyone ha'ring acquired 
a u,tilization right or a utilizatio,n permission aga:inst pa~nt, 
however, shall remain entitled to the exploitation also during 
the" prolonged pe:r:iod against payment of equitable remuneration. 
This shall a~ply ~htati's mutandis to dispositions in respect of 
pro.tection rights at recitations and performances of works' of 
literature or mus~c, photos and radio broadcasts. 
(4) In as far as the protection of cop~es fOL which the protec­
tion period according to the provisions in force so far is revi­
ved acc'ording to para 2, reproductions. started before July 1::1:, 
1~95 may be completed also after March 31s~, 1996 and such repro­
q.uctions as well as, reproduced pieces already available before 
July l~t, 1995 'be distributed also af,ter March 31ll
t:1 1996. 'This 
shall apply mutatis mutandis to recitations and performances of 
works of literature and music, photos and radio broadcasts. Article IX 
Posthumous works IPINIV AUT/e/2 
Page 25 
(1) This FedeL'al Law shall apply to posthumous works, 
1,. published after. June 30th, 1995 in the meaning of § 76 b 
UrhG in the version of this Federal Law, or 
~. prot'ected as at July 19::, 1995 in ,a Member State of the 
European Economic Area in the meaning of § 76 b UrhG'in the 
version of this Federal Law. 
, (,2) Art _ VIII I para 4 shall apply mutatis mutandis also to the 
p~o~ection of posthumous works published before April l~t, 1996 
in 'the mean'ing 01= § 76 b UrhG in the version of this Federal Law. 