Copyright Law Amendment 2013 - Urh Nov 2013

Original Language Title: Urheberrechts-Novelle 2013 - Urh-Nov 2013

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_150/BGBLA_2013_I_150.html

150 federal law, the copyright law and the Recovery Act 2006 change (copyright amendment 2013 - Urh Nov 2013)

The National Council has decided:

Article 1

Amend the Copyright Act

The Copyright Act, Federal Law Gazette No. 111/1936, as last amended by Federal Law Gazette I no. 58/2010, is amended as follows:

1 § 60 paragraph 1 is added the following paragraph 2:

"(2) a work of sound art with a literary work is connected to (music composition with text), and both works specially created for this work connection, so the copyright of works ends seventy years after the death of the last living author or author of the work of sound art or of the language work."

2. Article 67 par. 1 and par. 1a are:

"(1) the exploitation rights of the person referred to in section 66 paragraph 1 shall expire 50 years after the lecture or performance (performance), when but appears before the expiry of that period a recording of the performance or publicly reproduced (§§ 17, 18, 18a), fifty years after the publication or communication to the public, according to the, which event occurred first. A recording of the performance on a sound carrier will appear before the same deadline or will she publicly played back on a sound carrier, so the exploitation rights shall expire until seventy years after the publication or communication to the public, according to, what event first took place. The time limits shall be calculated according to article 64.

(1a) the exploitation rights of the person referred to in article 66 par. 5 shall expire fifty years after the date of the performance, but a recording of the performance is published before the expiry of this period, fifty years after publication. The time limits shall be calculated according to § 64."

3. paragraph 76 para 5:

"(5) the copyright in sound recordings shall expire 70 years after the publication of the sound carrier. The sound carrier period of 50 years after the recording is not published, but lawful communication to the public (§§ 17, 18, 18a) has been used, so the copyright shall expire 70 years after this. Is the sound carrier appeared within this period nor used lawful communication to the public has been, the rights 50 years after the recording goes off. The time limits shall be calculated according to § 64."

4. the section 76 be added following paragraph 7 to 9:

"(7) the manufacturer offers after a period of fifty years after the start of the run of the protection period the sound carrier not in sufficient quantities for sale (section 9) or he makes him not public available (§ 18a), so the person referred to in section 66 paragraph 1 has the indispensable right, the contract, with which she has granted exclusive rights to record their performance the manufacturer , to resolve in advance. The resolution will be effective, if the manufacturer provides the sound carrier in sufficient quantity for sale not within one year from the receipt of the notice of the resolution and makes available to the public. In the cases of § 70, the resolution right by the common representative is to perceive. The contract is dissolved under this paragraph, the rights of the maker of the sound carrier shall expire.

(8) an in section 66 paragraph 1 designated person who has admitted its exclusive rights to the manufacturer for a flat-rate fee is indispensable entitled to an additional, to be paid annually by the manufacturer compensation for each full year the 51st year after the beginning of the run of the protection period. The manufacturer has 20% of the revenues from the reproduction for the remuneration of all persons concerned overall, to provide distribution and the public provision of the relevant sound carrier that the manufacturer has achieved during the previous year. Manufacturer, the sound carrier from the 51st year after the start of the run of the protection period reproduce, spread or make publicly available, have correctly and completely to give all information to the owner on longing, that may be required for securing the payment of compensation. The claim may be asserted only by a collecting society.

"(9) a person referred to in section 66 paragraph 1 conceded its exclusive rights the manufacturer against a use-dependent charge such remuneration from the 50th year after the beginning of the run of the term of protection must not diminished by the departure of advances by other contractually agreed deductions."

5. According to § 114, following §§ 115 and 116 together with headings shall be inserted:

"Relative to European Union law

section 115. With article 60 par. 2, article 67, paragraph 1 and section 76 para 5 and 7 to 9 and section 116 in the version of Federal Law Gazette I no. 150/2013 is the policy implemented 2011/77/EC amending Directive 2006/116/EC on the term of protection of copyright and certain related rights (codified version).

Entry into force of amendments

116. (1) § § 60, 67 paragraph 1 and 1a, § 76 para 5 and 7 to 9 in the version of Federal Law Gazette I no. 150/2013 apply with November 1, 2013.

(2) section 60 paragraph 2 as amended by Federal Law Gazette I no. 150/2013 applies to work connections, if at least one of the associated works is still protected to November 1, 2013, in at least one Member State of the European economic area.

(3) has the author (section 10 para 2 UrhG) an exploitation rights established prior to November 1, 2013, a plant use permit granted or has a legal claim for payment, so extends these available in case of doubt not on the period of caused by this federal law extending of the terms of protection; But anyone who has acquired a right of use of factory or a factory use permit fee, remains entitled against payment of a reasonable fee for factory use also during this extension.

(4) as far as the protection of works for which the term of protection already expired according to the existing provisions, revive referred to in paragraph 2, may be completed before November 1, 2011 already started copying such works even after the 31 October 2013 and these reproductions, as well as existing before November 1, 2011 copies distributed after October 31, 2013. In addition, who has acquired an authorization of use via the use of a work that is associated with a public-domain work against payment prior to November 1, 2013, may require the use of the previously public-domain work, whose Schutz revive, after November 1, 2013, on reasonable terms.

(5) I no 150/2013 apply article 67, paragraph 1, and section 76 para 5 and 7 to 9 in the version of Federal Law Gazette for performances and sound carrier, for the November 1, 2013 the protection period still not expired according to the existing provisions.

(6) a person referred to in section 66 paragraph 1 conceded its exclusive rights the manufacturer prior to November 1, 2013, so these available in case of doubt on the period stretches of the Federal Act Federal Law Gazette I no. 150/2013 led to extension of the protection period. Moreover para 3 is to apply mutatis mutandis.

(7) the extension of the term of protection by the Federal Act Federal Law Gazette I no. 150/2013 justifies neither an increase in the tariffs of the collecting societies for the compensation according to § 42 (b) in conjunction with § 76 para 4 or § 76 para 3 yet another change in the distribution of income from these fees between different groups of rights holders.

Article 2

Modification of the recycling company law 2006

The 2006 Recovery Act, Federal Law Gazette I no. 9/2006, last amended by Federal Law Gazette I no. 50/2010, is amended as follows:

1. in article 13, after paragraph 2, the following paragraph 2a is inserted:

"(2a) collecting societies which claim copyright law according to § 76 para 8, have to provide serving facilities for social and cultural purposes and those that part of revenue, called no one in the section 66 paragraph 1 Copyright Act person individually assignable to, to feed."

The following paragraph 7 is added to § 2. 40:

"(7) § 13 para 2a in the version of Federal Law Gazette I no. 150/2013 November 1, 2013 into force."

Fischer

Faymann