Copyright (Austria)

Our Services in Relation to Copyright:

We represent and advise you comprehensively in all legal matters of copyright. Our range of services includes in particular:

  • Advice on the permissibility of using copyrighted works of third parties
  • Defense against claims (warnings) directed against you
  • Representation and advice in civil legal proceedings against the unlawful use of your copyrighted work
  • Process support for the rapid obtaining of legal protection by means of a preliminary injunction
  • Legal proceedings against third-party interventions in your copyright
  • Support and representation in connection with the exploitation and licensing of your copyrights (publishing contract, etc.)

Your contacts:

RA Dr. Bernhard Tonninger

RA Mag. Dr. Markus Albrecht

T: +43 1 218 44 40

 

What is Copyright?

Copyright grants the creator of a work the right to exclude others from using their creative efforts. In addition to the material interests aimed at participating in virtually every economic exploitation, copyright also protects the author’s personal relationship with his work (so-called “moral rights”).

What is the subject of copyright protection?

Copyright protects unique intellectual creations. It arises by legal decree through the act of creation, without the need for registration or similar. In addition to all kinds of literary works, particularly works of music, fine arts, and film enjoy copyright protection.

What use can the author exclude third parties from?

The economic rights of the author are legally regulated and referred to as “exploitation rights”. The author has the exclusive right to reproduce, distribute, broadcast, publicly perform, and make their work available to the public. Due to the diverse possibilities of use on the Internet, there is an increasing number of unauthorized interventions in copyright exploitation rights. Accordingly, the rapid acquisition of legal protection against such interventions is of particular importance for rights holders.

How can copyrights be disposed of?

Although copyright is not transferable inter vivos, the author can grant a right of use to his work to third parties. This can either take the form of a non-exclusive license to use the work or in the form of an exclusive right to use the work, by granting which the author also commits himself to refrain from using his work to the extent of the granted license.

Copyright law in Austria and its significance for digital challenges

In an increasingly digitalized world, we are facing new challenges in dealing with creative works. Copyright law plays a crucial role in protecting the rights of authors and ensuring the fair use of their works. Find out more about copyright law in Austria and its importance in the age of the internet here.

 

Dr. Bernhard Tonninger

Good legal advice always primarily serves the economic success of the client.Dr. Bernhard Tonninger, Partner