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The Austrian federal government has announced that a new incentive scheme for film producers will be introduced on 1 January 2023, with the aim of strengthening Austria’s position as a film location. As a result, the existing film funding model will be restructured and streaming productions will be included for the first time. The proposed model offers automatic, non-repayable subsidies worth up to 35% of film production expenditure in Austria, granted in accordance with a list of criteria and of which 5% is subject to environmental criteria. A maximum of EUR 5 million will be payable for...

In principle, the operator of a video-sharing platform or a file-hosting and sharing platform (in this case, YouTube) does not make a “communication to the public” of content that users illegally make available to the public. The Austrian Oberste Gerichtshof (Supreme Court – OGH) concluded that this was the case, at least prior to the implementation of Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (DSM Directive). In a decision published on 17 September 2021, the OGH considered...

On 24 March 2022, the Court of Justice of the EU (CJEU) delivered a judgment in Case C-433/20, in which it ruled that the ‘private copying’ exception included in Article 5(2)(b) of Directive 2001/29/EC applies to copies of works on a server in storage space made available to a user by the provider of a cloud computing service. However, Member States are not obliged to make the providers of cloud storage services subject to the payment of fair compensation under that exception, in so far as the payment of fair compensation to rightsholders is provided for in some other way.   Austro-Mechana,...

While the European Court of Human Rights (ECtHR) has, in the last few years, dealt with many aspects of the right to freedom of expression in the digital environment, it has only recently delivered a judgment specifically focusing on the right of anonymity for user generated content on news portals. In Standard Verlagsgesellschaft mbH v. Austria (no. 3) the applicant media company complained that court orders that imposed on it an obligation to disclose data revealing the identity of users, who had posted comments on its Internet news portal, had infringed its freedom of expression as guaranteed...

In a decision issued on 22 September 2020, the Austrian Oberste Gerichtshof (Supreme Court – OGH) gave its views on (cable) retransmission via the open Internet and online video recorders that use the deduplication technique. The plaintiffs are television broadcasters based in Germany who had signed collection agreements with the German collecting society VG Media that expressly excluded the rights for retransmission via open networks (OTT services). The defendant, who operates an Austrian mobile communications network, offers public telephone and Internet services and a TV service that...