On 7 July, the Nationalrat, the Austrian National Council, passed the bill reforming Copyright Law. The reform proposals will come into force on 1 October 2015.

In our June 23rd post on this subject we already touched upon the initial bill as introduced into the parliamentary process by the Austrian Ministry of Justice. The core elements of the original draft were;

  1. the secondary exploitation right for copyright holders,
  2. the extension of the quotation right, and
  3. the replacement of the current “cession legis” rule.
  4. Furthermore, an ancillary copyright for news publishers and the private copying levies for storage media was a well-debated part of the bill.

Now, we see what has come out of the legislative process. Whereas, the law now enacted by the Austrian parliament depicts most of what could be read in the original bill, the remarkable and noteworthy aspect is that the long discussed ancillary copyright for publishers is not part of the actual reform. Rather, the Nationalrat voted in favour of further review of the matter. In particular, the European Commission shall be consulted in the course of the upcoming notification procedure.

It is as such an interesting development that the ancillary copyright for news publishers did not make it through the legislative process in Austria this time. However, in this context, we draw your attention to the current report on the implementation of Directive 2001/29/EC which has been adopted by the European Parliament in the course of today which also does not contain a clear pledge in favour of such ancillary copyright for news publishers.