...I hold the nationality of an EU/EEA country or Switzerland

Works of art by EU/EEA citizens are protected in Austria under the same conditions as works of art by Austrians.

You can find out which specific works of art are protected under Austrian law in the subchapter Which works of art are protected? You can also find out about the EU‘s harmonised standards.

...I am a third-country national

Works of art by third-country nationals are not generally protected in Austria. 

This discrimination against third-country nationals has led to Austria concluding international reciprocity agreements with numerous countries. The aim of such agreements is for these countries to guarantee that works of art by nationals of both countries are protected in the other country as if they were works produced by their own nationals. In addition, minimum legal standards are set out in these reciprocity agreements.

What this means for you: 

If you are a third-country national, Austria grants copyright protection for your works of art if your art fulfils the requirements of the Austrian Copyright Act and your country of origin guarantees

  • that Austrian authors’ works enjoy similar protection in your home country as in Austria and
  • Austrian works protected by copyright are treated in your home country in the same way as works produced by its own citizens.

If your country of origin and Austria have not concluded a reciprocity agreement, works of art by third-country nationals are only protected in Austria if they were published there.

Example: You have a book printed and sold for the first time by an Austrian publisher.

The broadcasting of your work by an Austrian broadcasting organisation is not sufficient. 

Info: The principle that works of art are only protected in one country if the other country guarantees "reciprocal protection" applies in many countries.

You can find out which specific works of art are protected under Austrian law in the subchapter Which works of art are protected?