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Copyright Amendment Law 1980 No 321 of July 2 1980

Copyright Amendment Law, 1980
(No.321, of July2,1980)
Federal Law amending the Copyright Act

Amendment of the Copyright Act
The Copyright Act, published in theBundesgesetzblatt(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 Article17 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 toArticle17:
(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 500meters 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 Article42 shall read as follows:
(1) Any person may produce single copies of a work for his personal use.

4. The second sentence ofparagraph(3) of Article42 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 toArticle42:
(5) If a work that has been broadcast by radio or fixed on a commercially-manufactured sound or visual recording medium is expected, by reason of its nature, to be copied by fixation on a sound or visual medium for personal use, the author shall have a right to equitable compensation when unrecorded sound or visual recording media that are suitable for such copying, or other sound or visual recording media intended for that purpose (recording material), are distributed within the country by way of trade for payment, except where the recording material is not used within the country or is not used for such copies for personal use; substantiated evidence of such circumstances shall be sufficient. Running time in particular shall be taken into consideration in the calculation of the compensation. The compensation shall be given by the person who first distributes the recording material within the country by way of trade for payment.
(6) Claims underparagraph(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 afterArticle59:
(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 Article67 shall read as follows:
(2) Articles11,12,13,15(1),16(1) and(3),23,24,25(1),(2),(3) and(5),26,27,28(1),29,31,32,33(2) and59ashall apply by analogy; the five-year period specified inArticle31(2) shall be replaced by a period of one year, however.

8. The following is added toparagraph(3) of Article69:
Article42(5) to(7) shall apply by analogy.

9. Paragraph(7) of Article74 shall read as follows:
(7) Articles5,7,8,9,11,12,13,14(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 and4,56 and59aand the provisions ofArticle42(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 toparagraph(4) of Article76:
Article42(5) to(7) shall apply by analogy.

11. Paragraph(6) of Article76 shall read as follows:
(6) Articles5,7,8,9,11,12,13,14(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),41,56,72(3) and74(2) to(5) shall apply by analogy; in the case ofparagraphs(2) and(4), Article59ashall also apply by analogy.

12. Paragraph(5) of Article76ashall read as follows:
(5) Articles5,7,8,9,11,12,13,14(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),41,56,59a,72(3) and74(2) to(5) shall apply by analogy.
Application of the Law on Collecting Societies
(i) underArticle42(5) to(7) and, in conjunction therewith, underArticles69(3),74(7) and76(4) of the Copyright Act as amended by this Federal Law, or
(ii) underArticle59aand, in conjunction therewith, underArticles67(2),74(7),76a(5) of the Copyright Act as amended by this Federal Law,

Arbitration Board
(1) An Arbitration Board is hereby created at the Federal Ministry of Justice.

2. (Constitutional clause) The Arbitration Board shall rescind rules under3(2).