Copyright Amendment Law 1980 No 321 of July 2 1980
| Copyright Amendment Law, 1980 | ||
| (No. 321, of July 2, 1980) | ||||
| Federal Law amending the Copyright Act | ||||
| 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 and BGBl. No. 492/1972 and the Notice in BGBl. No. 142/1973, is hereby amended as follows: | ||||
| 1. Paragraph (2) of Article 17 shall read as follows: | ||||
| “(2) Where a work is publicly communicated in Austria by an entity located inside or outside the country in a manner comparable to broadcasting but with the aid of conductors, such communication shall be assimilated to broadcasting.” | ||||
| 2. The following paragraph (3) is added to Article 17: | ||||
| “(3) The communication of broadcasts | ||||
| (i) by a broadcasting relay system and | ||||
| (ii) by a community antenna system, | ||||
| (a) where all the receivers are located only on contiguous pieces of ground, where no part of the system uses or crosses a public road and where the antenna is not more than 500 meters away from the nearest receiver, or | ||||
| (b) where not more than 500 listeners are connected to the system, | ||||
| shall not be regarded as a new broadcast. In other respects the simultaneous communication, with the aid of conductors, of complete broadcasts of the Austrian Broadcasting Organization within the country, without alteration, shall be regarded as part of the original broadcasting.” | ||||
| 3. Paragraph (1) of Article 42 shall read as follows: | ||||
| “(1) Any person may produce single copies of a work for his personal use.” | ||||
| 4. The second sentence of paragraph (3) of Article 42 shall read as follows: | ||||
| “However, such reproduction of a work of art or of a cinematographic work may only be effected free of charge.” | ||||
| 5. The following paragraphs are added to Article 42: | ||||
| (6) Claims under paragraph (5) may only be made by collecting societies. | ||||
| (7) Any person who has purchased recording material for a price that incorporates equitable compensation, and nevertheless uses it for the making of copies not for personal use, may claim repayment of the equitable remuneration from the collecting society, except where the use for other than personal purposes is a free use of the work; substantiated evidence of such circumstances shall be sufficient.” | ||||
| 6. The following provision is inserted after Article 59: | ||||
| “Article 59a. | ||||
| (1) Foreign broadcasts of works may be used for simultaneous retransmission with the aid of conductors, complete and without alteration; the author shall be entitled to equitable compensation for such retransmission, however. Such claims may only be made by collecting societies. | ||||
| (2) The following shall be taken into consideration in determining such compensation: | ||||
| (a) the economic implications of retransmission for the authors; | ||||
| (b) the economic benefit of retransmission accruing to the person effecting it, with due regard to the number of broadcasts that can normally be received, with the aid of conductors, simultaneously in one household; and | ||||
| (c) the amount that authors receive for comparable use in the State in which the original broadcast was transmitted.” | ||||
| 7. Paragraph (2) of Article 67 shall read as follows: | ||||
| 8. The following is added to paragraph (3) of Article 69: | ||||
| “Article 42(5) to (7) shall apply by analogy.” | ||||
| 9. Paragraph (7) of Article 74 shall read as follows: | ||||
| “(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, 54.3 and 4, 56 and 59a and the provisions of Article 42(1) to (3) and (5) to (7) that apply to works of figurative art shall apply by analogy to photographs.” | ||||
| 10. The following is added to paragraph (4) of Article 76: | ||||
| “Article 42(5) to (7) shall apply by analogy.” | ||||
| 11. Paragraph (6) of Article 76 shall read as follows: | ||||
| 12. Paragraph (5) of Article 76a shall read as follows: | ||||
| Article II Application of the Law on Collecting Societies |
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| (i) under Article 42(5) to (7) and, in conjunction therewith, under Articles 69(3), 74(7) and 76(4) of the Copyright Act as amended by this Federal Law, or | ||||
| (ii) under Article 59a and, in conjunction therewith, under Articles 67(2), 74(7), 76a(5) of the Copyright Act as amended by this Federal Law, | ||||
| Article III Arbitration Board |
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| § 1. | ||||
| (1) An Arbitration Board is hereby created at the Federal Ministry of Justice. | ||||
| § 2. (Constitutional clause) The Arbitration Board shall rescind rules under § 3(2). | ||||
| § 3. | ||||
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