AustriaUrhG
Officially Urheberrechtsgesetz (UrhG), Injunction Against an Intermediary (Section 81(1a))
UrhG, BGBl. Nr. 111/1936, § 81 Abs. 1a
In force since .
An intermediary liability rule binding private bodies.
- Private right of action
- Yes
- Obligation class
- Governance
As of .
What it requires
- Keep the conditions for the exclusion of responsibility under Articles 4 to 6 of Regulation (EU) 2022/2065 satisfied: an intermediary that meets them can be sued for an injunction over an infringement of an exclusive right under the Urheberrechtsgesetz committed through its service only after a warning (Abmahnung).
Who enforces it
Enforcement body
The civil courts, on the suit of the person whose exclusive right is infringed (section 81(1) and (1a)).
What this law does
Section 81(1) lets a person whose exclusive right under the Urheberrechtsgesetz has been infringed, or is threatened with infringement, sue for an injunction. Section 81(1a) extends the injunction claim to an intermediary whose services the infringer uses. Where the intermediary meets the conditions for an exclusion of responsibility under Articles 4 to 6 of Regulation (EU) 2022/2065, it can be sued only after a warning (Abmahnung). Section 81 has had its current wording since , following the Digital Services Act (DSA)-Begleitgesetz, BGBl. I Nr. 182/2023.
When LexLint raises it
When your app profile says your app operates a social platform.