11 federal law that modifies the law on copyright (Copyright Act amendment to 2014 - UrhG Nov 2014)
The National Council has decided:
The Copyright Act, Federal Law Gazette No. 111/1936, amended by Federal Law Gazette I no. 150/2013, is amended as follows:
1. According to section 56d the following section 56e with heading shall be inserted:
section 56e. (1) public facilities that collect pieces of work, may own workpieces make duplication problem of works, no person authorized to the permission of reproduction and the provision is known for (orphan works), and make available to the public.
1. After this the fulfilment of its tasks in the public interest is in particular the preservation, restoration, as well as the provision of access to the plant stock, serving cultural and educational purposes, and free of charge or is carried out only for a fee that is opaque to the costs of digitisation and making available, and 2. If the work is recorded in the collection of a qualified user and either a) in the form of books , Journals, newspapers, magazines or in other written form was published, where works or subject-matter are includes are embedded or incorporated in such written works, or b) is recorded on a sound carrier or in movie pictures, and 3. If the work in an EU Member State or a Contracting State of the European economic area, a) published (section 9) is or, b) if it has not appeared , with the consent of the person entitled for the first time sent, or, c) If neither appeared nor was sent with the consent of the person entitled by the institution of the public was made available and to accept is that the rights holder of the reproduction and making available would not oppose, and 4th as far and as long as a) in Austria after careful search no person authorized to permit the reproduction and making available could be determined or located and documented the results of this search and to the supervisory authority for Collecting societies have been redirected, or b) in another Member State of the European Union or EEA Contracting State the result of careful search in mind 2012/28/EC in the database established by the Office of harmonization for the internal market is covered.
(2) public service broadcasting entrepreneur may make reproduction problem by a movement pinned on a sound carrier or in movie pictures, under the conditions of paragraph 1 Nos. 1, 3 and 4 and provide them the public, when was the work on behalf of this or of other public service broadcasting carrier manufactured before 1 January 2003 and one this broadcasting business recorded in the archive.
(3) to determine whether a work is orphaned, have carefully after the person entitled to the permission of reproduction and making available of the plant to find the authorized facilities before its use. They are in good faith to consult appropriate sources. At least the sources listed in the annex of the 2012/28/CE directive are suitable. The Federal Minister of Justice to determine by regulation the sources for each of the categories of works which are to consult in the search.
(4) the search is carried out in Austria when the factory in Austria has appeared or was sent first. For cinematographic works, search in Austria is carried out if the manufacturer has his headquarters or his habitual residence in Austria. For works not published or sent the search in Austria is carried out if the institution which has made available to the public the work with the consent of the rights holder, is situated in Austria. For information on relevant information to rights holders in other countries are also available sources of information in these other countries to consult.
(5) the search is to be documented in a protocol according to paragraph 4. This Protocol is to keep for the duration of the usage and for a period of seven years after their completion. The following information is to pass on to the supervisory authority for collecting societies:
1. the exact designation of those works, which are according to the results of the search as orphaned;
2. the type of use of these works by the institution;
3. the fact that a person could be subsequently determined or located that is entitled to the permit of the reproduction and making available;
4. the relevant contact details of the institution concerned.
The supervisory authority for collecting societies has to forward this information without delay after their receipt at the Office of harmonization for the internal market to publish in the of this guided online database.
(6) If an institution becomes aware of the identity and the place of residence of a person entitled to the permit of the reproduction and making available, she has any further use of the orphan work without immediately cease their consent. For the previous use, the institution at the request of the person entitled has to pay an equitable remuneration. For calculation of the amount of the compensation, it is assumed that the work in the Member State of the European Union or EEA Contracting State has been used in which is situated the establishment use the work. The claim for compensation barred in ten years from the use of the work."
2. in paragraph, the point after the No. 3 a semicolon replaces and following Z 4 57 paragraph 3a are appended:
"4. If a work is reproduced according to section 56e."
3. in article 72, paragraph 2, the reference to "sections 41 and 41a" with a reference to "§ § 41, 41a and 56e" is replaced.
4. in section 74, paragraph 7, the reference is on "sections 56, 56a, 56B, 57 para 3a Nos. 1 and 2, 59a and 59B" by the reference on "sections 56, 56a, 56B and 56e, § 57 para 3a subpara 1, 2 and 4 as well as sections 59a and 59B" replaced.
5. in section 76 para 6 is the reference on "sections 41, 41a, 42 c, 56, 57 paragraph 3a Z 1, 72 para. 4" by the reference on "sections 41, 41a, 42 c, 56, 56e, 57 paragraph 3a Nos. 1 and 4, § 72 ABS. 4" replaced.
6 in section 76a subsection 5 is the reference on "sections 41, 41a, 42 c, 56, 56a, 57 para 3a subpara 1" by the reference to "sections 41, 41a, 42 c, 56, 56a and 56e, § 57 para 3a Nos. 1 and 4" replaced.
7. the existing text of § 115 receives the sales designation (1); the following paragraph 2 is added:
"(2) and section 56e § 57 par. 3a Z 4 as amended by Federal Law Gazette I no. 11/2015 and 2012/28/EU directive on certain acceptable forms of the use of orphan works is converted references to these provisions in § 72 para 2, § 74 section 7, § 76 para 6 and § 76a subsection 5."
8 the following paragraph 8 is added to the section 116:
"(8) section 56e, § 57 para 3a Z 4, § 72 para 2, § 74, paragraph 7, § 76 para 6 and 76a paragraph 5 as amended by Federal Law Gazette I no. 11/2015 with 29 October 2014 into force."