150. Federal law amending the Copyright Act and the Verwertungssocieties Act 2006 (Copyright-Novelle 2013-Urh-Nov 2013)

The National Council has decided:

Article 1

Amendment of the Copyright Act

The copyright law, BGBl. No 111/1936, as last amended by the Federal Law BGBl. I n ° 58/2010, is amended as follows:

1. § 60 (1) the following paragraph 2 is added:

" (2) If a work of sound art is associated with a language work (music composition with text) and both works were created especially for this work connection, the copyright at both works ends seventy years after the death of the last surviving author. or co-founder of the work of the sound art or of the language work. "

2. § 67 (1) and (1a) are:

" (1) The rights of exploitation of the person referred to in § 66 (1) shall expire fifty years after the presentation or performance (performance), if, however, a record of the performance appears or is rendered public before the expiry of this period (§ § § § § § § § § § § § § § § § § § § § § § § § § § § § 17, 18, and 18a), fifty years after the appearance or the public rendering, depending on the event that took place first. If, prior to the expiry of the same period, a record of the performance on a sound carrier appears or is made public on a sound carrier, the rights of exploitation shall not expire until seventy years after the appearance or the public rendering, depending on the event that took place first. The time limits shall be calculated in accordance with § 64.

(1a) The rights of exploitation of the person referred to in § 66 (5) shall expire 50 years after the performance, but if a record of the performance is published before the end of that period, fifty years after publication. The time limits shall be calculated in accordance with § 64. "

Section 76 (5) reads as follows:

" (5) The right of protection of sound carriers shall be taken up 70 years after the record of the sound carrier. If the sound carrier has not appeared within 50 years after the recording, but has been lawfully used for public reproduction (§ § 17, 18 and 18a), the right of protection shall be granted 70 years after the recording. If the sound carrier has not been published or used for public reproduction within this period of time, the right of protection shall be issued 50 years after the recording. The time limits shall be calculated in accordance with § 64. "

(4) The following paragraphs 7 to 9 are added to § 76:

" (7) After the expiry of fifty years after the beginning of the term of protection, the manufacturer does not offer the sound carrier in sufficient quantity for sale (§ 9) or does not make it available to the public (§ 18a), according to § 66 of the German law. The person referred to in paragraph 1 is the indispensable right to prematurely dissolve the contract with which it has granted exclusive rights to the recording of its performance to the manufacturer. The dissolution shall take effect if the manufacturer does not offer the sound carrier in sufficient quantity for sale and makes available to the public within one year from the access of the resolution declaration. In the cases of § 70, the resolution right shall be exercised by the joint representative. If the contract is dissolved in accordance with this paragraph, the rights of the manufacturer shall be extinguisher on the sound carrier.

(8) A person referred to in Article 66 (1) who has granted his exclusive rights to the producer against a flat-rate fee shall be entitled to an additional remuneration payable annually by the manufacturer for each of the full year from the 51. Year after the start of the term of protection. For the remuneration of all persons concerned, the manufacturer shall provide a total of 20% of the revenue generated by the reproduction, distribution and public provision of the sound carrier concerned, which the manufacturer shall be responsible for during the period of of the previous year. Manufacturer, the sound carriers from the 51. Year after the beginning of the term of protection, reproduce, disseminate or make publicly available, the person entitled shall, on request, give the correct and complete all the information necessary for the payment of the payment of the remuneration. may be required. The claim can only be asserted by a collecting society.

(9) Where a person referred to in Article 66 (1) has granted the exclusive rights to the manufacturer against a use-dependent charge, such a charge may be made from the 50. year after the start of the term of protection, neither by the deduction of advances nor by any other contractually agreed deductions. "

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

" Relationship with the law of the European Union

§ 115. § 60 (2), § 67 (1) and § 76 (5) and (7) to (9) and § 116 in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 150/2013, Directive 2011 /77/EU amending Directive 2006 /116/EC on the term of protection of copyright and certain related rights (codified version) is implemented.

Entry into force of the amendment

§ 116. (1) § § 60, 67 (1) and (1a), § 76 (5) and (7) to (9) in the version of the Federal Law BGBl. I N ° 150/2013 will enter into force on 1 November 2013.

(2) Section 60 (2) in the version of the Federal Law BGBl. I n ° 150/2013 shall apply to works connections if at least one of the related works is still protected on 1 November 2013 in at least one Member State of the European Economic Area.

(3) If the author (§ 10 paragraph 2 UrhG) has established a work-use right before 1 November 2013, has issued a work-use permit or has a statutory remuneration claim, that provision does not, in doubt, extend to the Period of extension of the protection periods effected by this Federal Act; however, who has acquired a work-use right or a work-use permit for remuneration, remains against payment of an appropriate remuneration for the use of the work also during the period of this renewal shall be justified.

(4) Insofar as the protection of works for which the protection period has already expired under the provisions currently in force, is resuded in accordance with paragraph 2, copies of such works already begun before 1 November 2011 may also be made after the 31. These copies, as well as copies already existing before 1 November 2011, will be completed after 31 October 2013. October 2013. In addition, the person who has acquired a licence to use a work relating to the use of a work connected to a work-free work before 1 November 2013 may also use the previously non-communal work whose protection is to be resusciated, to demand appropriate conditions after 1 November 2013.

(5) § 67 (1) as well as § 76 (5) and (7) to (9) in the version of the Federal Law BGBl. I n ° 150/2013 shall apply to performances and sound carriers for which the protection period has not yet expired on 1 November 2013 in accordance with the provisions in force.

(6) If a person referred to in § 66 (1) has granted their exclusive rights to the manufacturer before 1 November 2013, that person shall, in doubt, extend to the period of time covered by the Federal Law BGBl (Federal Law Gazette). I n ° 150/2013, the extension of the protection period. In addition, paragraph 3 shall apply mutatily.

(7) The extension of the term of protection by the Federal Act BGBl. I n ° 150/2013 does not justify an increase in the tariffs of the collecting societies for the remuneration in accordance with § 42b in conjunction with Section 76 (4) or Article 76 (3) or a change in the distribution of the revenues from these remuneration between various rights-holder groups.

Article 2

Amendment of the Verwertungssocieties Act 2006

The Verwertungssocieties Act 2006, BGBl. I n ° 9/2006, as last amended by the Federal Law BGBl. I No 50/2010, shall be amended as follows:

1. In § 13, the following paragraph 2a is inserted after paragraph 2:

" (2a) Verwertungssocieties, which assert claims in accordance with Article 76 (8) of the Copyright Act, have to create institutions serving social and cultural purposes and that part of the revenue which none of them in § 66 (1) of the Copyright Act the person designated by copyright law can be assigned individually. "

(2) The following paragraph 7 is added to § 40:

" (7) § 13 (2a) in the version of the Federal Law BGBl. I n ° 150/2013 will enter into force on 1 November 2013. "

Fischer

Faymann