AustriaUrhG Section 76f, Press-Publisher Neighbouring Right
UrhG Sec. 76f, BGBl. Nr. 111/1936 as amended by BGBl. I Nr. 244/2021
In force since .
A press publishers' right rule binding private bodies.
- Instrument type
- an act of a legislature
What it requires
- Applies to you if, within an information-society service, you reproduce a press publication or make it available to the public online.
- Obtain the press publisher's authorisation before reproducing the whole of its press publication, or parts of it, or making it available to the public online; the publisher holds the exclusive right; the right does not cover private or non-commercial use by individual users, hyperlinks, or individual words or very short extracts.
- A press publication is a collection of predominantly journalistic literary works published under a common title as a periodically appearing or regularly updated title (a newspaper, magazine or journal) to inform the public; scientific and academic periodicals are excluded.
- The right lasts two years from the press publication's own publication.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Does a headline with a snippet of a given length fall within 'einzelner Wörter oder sehr kurzer Auszüge' in § 76f Absatz 5 UrhG, when the statute sets no length?
- Does the training of an LLM-based chatbot on press publications, or the display of their content in its responses, count as 'Online-Nutzung' by a service provider in § 76f Absatz 1 UrhG, the questions referred to the Court of Justice in Case C-250/25?
What this law does
A service provider that produces a press publication, in analogue or digital form, on its own initiative and under its own editorial responsibility and oversight, holds the exclusive right to reproduce the whole publication or parts of it, and to make it available to the public online, within an information-society service.
A press publication is a collection of predominantly journalistic literary works, published under a common title as a periodically appearing or regularly updated title such as a newspaper, magazine, or journal, and intended to inform the public about news or other topics; scientific and academic periodicals are expressly excluded. The right lasts two years from the press publication's own publication, and cannot be exercised to the detriment of an underlying author's or performer's own rights.
The right does not extend to private or non-commercial use of press publications by individual users, to the setting of hyperlinks, or to the use of individual words or very short extracts.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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