As you have already learnt in the chapter on the free use of works, authors cannot prohibit the use of their works by third parties in some cases. To ensure fair remuneration, they have a legal right to remuneration in certain other situations (statutory remuneration claims). This means that authors automatically have the right to financial compensation in these cases. The most important ones include:

  • Storage media remuneration / reprography remuneration
  • Resale rights

Both remuneration claims are presented below. 

Storage media remuneration / reprography remuneration

Storage media and reprography remuneration is a fee charged on devices and media that can be used to reproduce copyrighted works: 

  • Storage media remuneration relates to storage media such as storage discs, USB sticks, or blank CDs.
  • Reprography remuneration relates to devices such as scanners or copiers.

This remuneration was discussed politically for a long time before it was passed in parliament in 2015 and came into force in the same year.

Info: Storing works on a storage medium constitutes a type of reproduction. 

This type of remuneration was introduced because it is difficult for authors to monitor the reproduction and use of copyrighted works by private individuals in a private context. The fact that private individuals can make copies of works and possibly pass them on leads to a loss of revenue for authors. 

For this reason, authors must receive a financial share of the revenue from the sale of devices such as storage discs, copiers, or scanners. In Austria, this remuneration is collected by manufacturers, importers, and dealers of these devices and transferred to collecting societies, which distribute it to their members.

Info: Collecting societies are organisations that support authors in exercising their rights and exploiting their works. Find out more in the chapter on collecting societies. 

In addition, organisations that reproduce copyrighted works on a large scale for private or scientific use must also pay remuneration to the collecting societies.

Example: Such organisations include schools, further education institutions, public libraries, and copy shops.

Resale rights

As a visual artist, you can benefit from the resale of your original works in certain circumstances, even if you were not involved in the sale as a contracting party. The background to this rule is that artists often have to sell their artworks at low prices at the beginning of their career. If their art is later worth more as they become better known, they should be able to share in this success financially. 

If you are not personally a party to a purchase agreement, you are nevertheless entitled to a share of the proceeds from the sale of your artwork under the following conditions:

  • It is a work of fine art (e.g. painting, sculpture);
  • It is an original work (i.e. it must not be a reproduction, e.g. a print);
  • At least one art market professional is involved in the sale (e.g. auction house, art dealer, art gallery);
  • The artwork is being sold for at least €2,500.

Example: A person is the owner of a painting you created. They successfully sell it at an auction house. A percentage of the sales proceeds must be paid to you as the author.

The amount you receive from the resale right is staggered and ranges between 4% and 0.25% of the sales proceeds. The higher the sales proceeds, the lower your share as a percentage. However, you can receive a maximum of €12,500 from a single sale. 

Info: The artwork’s sellers are responsible for the payment.