11. Federal Act amending the Copyright Act (Copyright Law-Novelle 2014-UrhG-Nov 2014)

The National Council has decided:

The copyright law, BGBl. No 111/1936, as last amended by the Federal Law BGBl. I No 150/2013, shall be amended as follows:

1. In accordance with § 56d, the following § 56e and heading is inserted:

" Verwaiste Works

§ 56e. (1) Public facilities which collect workpieces may be copied from works for which no person is known (orphan works) for the production of reproduction and provision of equipment (orphan works). Make workpieces and make them available to the public,

1.		if this serves the purpose of carrying out their duties in the common good, in particular the preservation, restoration and provision of cultural and educational purposes to their works, and free of charge or only is subject to the costs of digitisation and the provision of cover charges; and
2.		when the work has been included in the collection of an authorized body, and either
a)			has been published in the form of books, trade journals, newspapers, periodicals or other written form, including works or objects of protection embedded or incorporated in such written works, or
b)			is recorded on a sound carrier or in motion pictures, and
3.		where the work is carried out in a Member State of the European Union or a Contracting State of the European Economic Area
a)			published (§ 9) or,
b)			if it has not been published, it has been sent for the first time with the consent of the beneficiary, or,
c)			if it has not been published or has been sent, has been made available to the public with the consent of the beneficiary by the institution, and it is to be assumed that the right holder of the reproduction and provision of information is not would oppose, and
4.		as long as
a)			In Austria, after careful search, no person entitled to act as a person entitled to the reproduction or provision of the material could be identified or identified and the results of this search were documented and sent to the Supervisory Authority for Collecting societies have been forwarded, or
b)			in another Member State of the European Union or a Contracting State of the EEA, the result of the careful search within the meaning of Directive 2012/28/EC is recorded in the database established by the Office for Harmonisation in the Internal Market.

(2) Public broadcasters may produce copies of a work held on a sound carrier or in the course of the work under the conditions set out in paragraph 1 (1) (1), (3) and (4), and make them available to the public if the work has been produced on behalf of this or any other public service broadcaster before 1 January 2003 and has been included in the archives of one of these broadcasters.

(3) In order to determine whether a work has been orphaned, the authorized bodies shall, prior to its use, carefully search for the person entitled to act in order to reproduce and make available the work. In doing so, they have to consult appropriate sources on the basis of good faith. At least the sources listed in the Annex to Directive 2012/28/EU are appropriate. The Federal Minister of Justice can by regulation determine the sources for the individual categories of works that are to be consulted in the context of the search.

(4) The search is to be carried out in Austria, if the work has been published in Austria or if it has been sent first. In the case of film works, the search is to be carried out in Austria if the manufacturer has his principal place of business or his habitual residence in Austria. In the case of works not published or sent, the search in Austria shall be carried out if the institution which made the work publicly available with the consent of the right holder is situated in Austria. If you are looking for relevant information about rightholders in other countries, you should also consult available sources of information in these other countries.

(5) The search for paragraph 4 shall be documented in a protocol. This Protocol shall be kept for the duration of the use and for a period of seven years after the termination thereof. The following information shall be forwarded to the supervisory authority for collecting societies:

1.		the exact description of those works which are to be regarded as orphaned in the search results;
2.		the type of use of these works by the institution;
3.		the fact that a person has been able to be subsequently identified or identified, which is authorized to make the reproduction and provision of the material available;
4.		the respective contact details of the institution concerned.
The supervisory authority for collecting societies shall, without delay, forward this information to the Office for Harmonisation in the Internal Market for publication in the online database managed by the said Office.

(6) As soon as a body becomes aware of the identity and whereabation of a person entitled to make the reproduction and provision available, it shall have any further use of the orphaned work without the consent of the person. to cease immediately. For the prior use, the institution shall provide reasonable remuneration at the request of the beneficiary. In the case of an assessment of the amount of the remuneration, it must be assumed that the work has been used in the Member State of the European Union or State Party of the EEA in which the facility using the work is situated. The right to the remuneration shall be statute-barred in ten years from the use of the work. "

2. In Section 57 (3a), the point after Z 3 shall be replaced by a line-point and the following Z 4 shall be added:

" 4.		if a work is reproduced in accordance with § 56e. "

3. In Section 72 (2), the reference to "§ § 41 and 41a" by reference to "§ § 41, 41a and 56e" replaced.

4. In Section 74 (7), the reference to "§ § 56, 56a, 56b, 57 para. 3a Z 1 and 2, 59a and 59b" by reference to § § 56, 56a, 56b and 56e, § 57 (3a) Z 1, 2 and 4 as well as § § 59a and 59b " replaced.

5. In § 76 (6) the reference to "§ § 41, 41a, 42c, 56, 57 (3a) Z 1, 72 (4)" by reference to § § 41, 41a, 42c, 56, 56e, 57 (3a) Z 1 and 4, section 72 (4) " replaced.

6. In § 76a (5) the reference to "§ § 41, 41a, 42c, 56, 56a, 57 Abs. 3a Z 1" by reference to "§ § 41, 41a, 42c, 56, 56a and 56e, § 57 (3a) Z 1 and 4" replaced.

7. The previous text of § 115 receives the sales designation "(1)" ; the following paragraph 2 is added:

" (2) With § 56e and § 57 paragraph 3a Z 4 in the version of the Federal Law BGBl. I n ° 11/2015 and the references to these provisions in § 72 para. 2, § 74 (7), § 76 (6) and § 76a (5), the Directive 2012/28/EU is implemented on certain permitted forms of use of orphaned works. "

8. The following paragraph 8 is added to § 116:

" (8) § 56e, § 57 paragraph 3a Z 4, § 72 para. 2, § 74 para. 7, § 76 (6) and 76a (5) in the version of the Federal Law BGBl. I n ° 11/2015 will be 29. October 2014, in force. "

Fischer

Faymann