Copyright
If artists work in certain artistic fields, they generally have ownership of the physical work object (e.g. the canvas of the painting) as well as intangible (intellectual) ownership of their artistic creation, their work of art (e.g. what is depicted in the painting). Copyright protects your intellectual property rights to the creative expression in the original.
Copyright law enables artists to prohibit others from using their works (intellectual creations) without their permission and to decide for themselves on the commercial exploitation of their art. At the same time, however, authors may not prohibit certain uses in order to protect the public interest.
If artists work across borders and their works of art are exploited in other countries (e.g. exhibited, reproduced, performed), a number of copyright issues quickly arise:
- Is the intellectual property of my artwork protected internationally?
- Are the rules on intellectual property the same in all countries?
- Under what conditions may others use my art at home and abroad?
- How can I take action against infringement of my copyright in other countries?
You will find answers to these questions in the following chapters.
Important links
Government agency websites:
- The European Union provides an overview of copyright law within the EU/EEA on this website.
- You can find detailed information on collecting societies in Austria on the website of the Austrian supervisory authority for collecting societies.
Private stakeholders’ websites:
- Visit the AKM’s website to find out more about the administration of performing and broadcasting rights.
- The LSG provides information for performing artists and producers of sound recordings on its website.
- The collecting society Literar-Mechana informs you about the management of rights to literary works on its website.
- Click here to go to the VAM’s website.
- As the author of film works, you should visit the collecting society of filmmakers‘ website.
- Click here to go to Bildrecht’s website.
- The following link will take you to the broadcasting collecting society’s website.
Important legal bases
- Copyright Act
- Collecting Societies Act
- At this link, you will find a list of the European Union’s harmonised standards on the subject of copyright.
- Universal Copyright Convention
- Berne Convention
- TRIPS Agreement
Checklist
International and European copyright law
- Would you like to exploit your art outside of your home country? Find out about the copyright laws of the country in which you want to exploit your artwork.
- Check whether the territoriality principle applies, especially if there are points of contact with third countries.
Austrian copyright law
- Would you like to allow others to use your artwork?
- If you want to be able to continue using the work yourself, issue a licence for use of the work.
- If it is only your contractual partner who is to be able to use the work, grant them the right to use the work.
- Be sure to specify the countries in which use is permitted in the contract. You can also stipulate time and content restrictions on use.
- Do you want the law of a particular country to apply? Include a provision to this effect in the contract.
- Are you unsure of how much you should charge for the use of your artwork? Consult the Austrian Cultural Council’s Fair Pay Guidelines or contact a collecting society.
- Could it be the case that you don’t you want to manage your rights yourself or it is not possible for you to do so due to the genre of art? Contact the collecting society responsible for your artistic genre to discuss the conclusion of a rights administration agreement.
- Is someone else using your work without your permission? Check whether this constitutes free use of your work. If not, this could be an infringement of your copyright.
- Are you a third-country national? Check whether your country of origin and the country in which you are artistically active have concluded a reciprocity agreement.