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Copyright · Enforcement, contracts, licences

Copyright lawyer in Vienna.
Enforcing rights, drafting contracts securely.

We enforce rights in photographs, texts, music, film and software — out of court and before the courts — and draft the contracts through which those rights are licensed, transferred and secured. A dedicated focus is representation in storage media levy matters.

Or have you received a cease-and-desist letter? We have dedicated pages with specific information for that: Copyright cease-and-desist · Photo cease-and-desist · Music cease-and-desist on social media

  • Short initial assessment free — fast on business days
  • Co-authors of the Manz commentary urheber.recht

When your rights are infringed

A photo turns up without permission on someone else's website, a text is copied, a melody is used in a commercial, software is deployed without a licence. What counts then is speed — and taking the steps in the right order.

Securing the facts

It starts with the evidence: when was the infringement online, to what extent, on which channels? We secure the position before it disappears and clarify the chain of rights on your side — who holds which rights is the court's first question in any dispute.

Cease-and-desist letter and undertaking

In many cases a properly drafted demand letter is enough. It must describe the infringement precisely, demand a cease-and-desist undertaking backed by a contractual penalty, and can include the claims for information, removal and reasonable remuneration/damages at the same time.

Preliminary injunction

When time is pressing, the preliminary injunction is the sharpest tool: it stops the use within a short time. It requires documented facts and a conclusive application for a preliminary injunction. We conduct such interim proceedings regularly — on both sides of the table, which makes it considerably easier to assess the other side.

Money: remuneration, damages, profits

The Austrian Copyright Act offers several routes: reasonable remuneration, damages — in case of fault in particular double the reasonable remuneration — and surrender of profits. Which route is best depends on the specific use. In addition there are information and accounting, to make the scope ascertainable in the first place, and in suitable cases publication of the judgment.

Typical clients in this area: photographers, musicians, authors, content providers, agencies, publishers, music and film producers, software developers — and companies whose content has been taken over.

Contracts and licences

Most copyright disputes arise not from bad faith but from unclear contracts. Anyone who settles in advance what is granted and what is not saves themselves the dispute — or wins it.

Drafting licence agreements

What is granted: a non-exclusive licence (Werknutzungsbewilligung) or an exclusive right of use (Werknutzungsrecht)? For which territory, which term, which media? This distinction decides whether you may continue to exploit your work — and whether you can take action against third parties at all.

Commissions and agencies

Anyone who commissions a photo production, a logo, a website or software does not automatically acquire all rights in it. Conversely, creatives often give away more in commissioning agreements than they have to. We draft for both sides — and check what a contract put in front of you actually gives you.

Securing rights within the company

Works are created within the company: by employees, freelancers, agencies. Whether the rights in them lie with the company depends on the contracts. At the latest in a financing round, a company acquisition or a tax audit this question will be asked — by then the answer should already be in writing.

Reviewing contracts before you sign

Buy-out clauses, unlimited adaptation rights, grants of rights for unknown types of use: contracts put in front of you regularly contain clauses that reach far beyond the occasion. A review before signing costs a fraction of what a later dispute costs.

Storage media levy

Anyone who places storage media or devices on the market must pay the storage media levy (Speichermedienvergütung) for them in Austria. The calculation of this levy, the question of liability in the individual case and the reclaiming of overpaid amounts are constantly before the courts.

We represent numerous clients in this area and conduct a large number of proceedings — from the out-of-court dispute with the collecting society, through the review of liability in principle and in amount, to clarification in court. If you import, manufacture or distribute devices or storage media and have received claims, you should not pay them without checking.

Why us

A lot is claimed in copyright law. It can be checked against what a firm publishes and what it actually does in court.

Commentary authors

Both partners are co-authors of the Manz commentary urheber.recht (3rd edition 2023): Dr. Tonninger covers, among others, §§ 3, 73–75, 85 and 90 of the Copyright Act, Dr. Albrecht §§ 66–72. Anyone who writes a commentary knows the contentious issues before they come up in proceedings.

Ongoing case-law work

Regular notes on supreme court decisions in ecolex. Anyone who follows and comments on the development of case law argues closer to what courts actually decide.

Litigation experience

From interim proceedings to ordinary proceedings, if necessary through all instances — and regularly on both sides: in enforcement as in defence. That sharpens the assessment of what the other side will do next.

Recognised

Ranked in the JUVE ranking IP/IT, TOP law firm 2026 (DER STANDARD/Statista) in trademark and competition law, Leading Trademark Lawyers of the Year 2026 (Acquisition International).

How we work

  1. 01

    Short initial assessment by phone

    You describe the case, we tell you whether and how action can be taken, which routes are open and what can realistically be achieved. The short initial assessment is free of charge and without obligation.

  2. 02

    Review and strategy

    We clarify the chain of rights, secure the facts and agree the sequence with you: demand letter, preliminary injunction, action — or negotiation first. You learn in advance what to expect.

  3. 03

    Enforcement

    We act on your behalf: towards the other side, towards platforms, towards authorities. The aim is the fastest sustainable solution, not the longest brief.

  4. 04

    Court

    If it has to be, we conduct the proceedings — with decades of experience in copyright disputes and the readiness to go all the way to the Supreme Court if the case warrants it.

Fees

The short initial assessment by phone is free of charge. If it then comes to reviewing specific documents — such as a licence agreement put in front of you or a documented infringement —, we agree an individual flat fee depending on the scope. You therefore know in advance what the review costs. For further representation our hourly rate of €380 net applies. In proceedings the effort depends on the amount in dispute and the course of the proceedings; we tell you in advance what to expect.

Related topics

Have you received a cease-and-desist letter yourself? Then our urgent-help pages are the right place: Copyright cease-and-desist — overview, Photo cease-and-desist, Music cease-and-desist on social media.

For more depth from our insights section: Calculating licence-analogy damages · Artificial intelligence and copyright · Using images and photos legally · Storage media levy.

What clients ask about copyright

What does a short initial assessment by phone cost?
Nothing. You describe the case, we tell you whether and how action can be taken and what can realistically be achieved. Only then do you decide whether we should act for you. For the review of specific documents we agree an individual flat fee depending on the scope, so you know the costs in advance; for further representation our hourly rate of €380 net applies.
Someone is using my work without permission — what can I claim?
The Copyright Act gives you several claims side by side: an injunction for the future, removal of the unlawful state of affairs, information on the scope and duration of the use, reasonable remuneration, in case of fault damages (in particular in the form of double the reasonable remuneration) and surrender of profits, and in suitable cases publication of the judgment. Which combination is best in the specific case depends on the use — and on what you want to achieve.
How quickly can an ongoing infringement be stopped?
With a preliminary injunction, in urgent cases within a few weeks, in particularly urgent cases faster still. The prerequisite is documented facts — which is why securing evidence is the first step, not the last.
I commissioned an agency — do the rights belong to me?
Not automatically. Anyone who commissions a photo production, a logo, a website or software acquires the rights only to the extent they were granted in the contract. Without a provision, much remains with the author. This often only comes to light when the work is to be used differently than originally intended — or when a buyer or investor examines the rights position.
What is the difference between a non-exclusive licence and an exclusive right of use?
A non-exclusive licence (Werknutzungsbewilligung) permits the use but leaves the rights with the author, who can also grant them to others. An exclusive right of use (Werknutzungsrecht) is exclusive: the holder alone may exploit the work and can take action against third parties. The difference decides whether you can sue at all in the event of an infringement — and therefore belongs expressly in every licence agreement.
Is it worth it financially?
That depends on the scope and duration of the use, the other side's ability to pay and your objectives. Sometimes a quick injunction matters more than the money, sometimes the reverse. That is exactly what we clarify in our short initial assessment by phone, before any costs arise — and we also advise against it if the effort does not pay off.
Do you also act for the other side, i.e. against rights holders?
Yes. We represent rights holders in enforcement just as we represent recipients of cease-and-desist letters in their defence — never in the same matter, of course. It is precisely this dual perspective that makes our assessment more reliable: we know how the other side thinks.

Enforcing rights, drafting contracts securely.

The short initial assessment by phone is free of charge.

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