Copyright Law
While copyright law was once more of a niche subject, its importance has increased almost immeasurably since the digital information society came into being. Computers, the Internet and digital storage processes are now almost incessantly confronting the average citizen with special issues of copyright law, where once property rights usually received no consideration at all when watching television or listening to the radio.
In principle, copyright law protects “the work”, which is considered to be “a characteristic intellectual creation in the fields of literature, the fine arts, and the cinema” (Section 1 para. 1 UrHG [Austrian copyright law]).
This definition of a work can include films, literary works, photographs, paintings, or plays as well as MS Word (computer programs), the photo on a website (the jpeg file) or also an own homepage.
For a work to be actually protected by UrHG it must meet the criteria set: it must be a new (i.e. not having existed before in this form), individual (based on the person of the author or creator) externally manifested composition. The mere idea not yet “implemented” is not enough.
If such a work now exists, the creator of this work (the author, the composer, the programmer) can rely on his proprietary rights. These do not grant him a “right” in the manifested thing proper; instead they comprise the rights of use and exploitation. As an example, you can simply buy a film on a DVD; the creator of the film has no “right” in the purchased DVD; the buyer can view, sell, throw away the film it contains. However, the buyer cannot “exploit” the movie within the meaning of UrHG, e.g. show it publicly with an admission charge, or copy it and sell these copies.
Exploitation of the work
Primarily, it is only the creator of the work who is entitled to exploit. He can, however, allow other persons to use and/or exploit the work by granting rights of use or permissions (e.g. to reproduce, distribute, broadcast, perform the work) (licences). These authorise the licensee to reproduce, sell, perform the work etc., usually for a consideration.
Copyright protection
The creator can protect himself against the unauthorised use or exploitation of his work. He can demand that its use be prohibited, demand compensation for this use, and claim compensation for any damages. The infringement of copyright is also punishable under criminal law.
The infringement of copyright can entail extremely unpleasant consequences. This applies to the publication of photographs made by third parties in the club newspaper as well as to copying and pasting content from the World Wide Web. A careful study of the possibly existing the protective rights and/or the obtaining and safeguarding of rights or use and exploitation has become indispensable, and the necessary prudence in granting rights to one’s own works all the more.
Our law firm will be pleased to assist you if you want to learn more about this subject.
The comments given above are not exhaustive. They are intended to serve as tips and information.
