General Information

General Information about online usages

The inter­net offers numer­ous options. Espe­cial­ly music con­sump­tion has been increas­ing in dig­i­tal net­works (e.g. inter­net, mobile). Music is either offered for exclu­sive lis­ten­ing (Stream­ing) or for down­load and stor­age on a PC or oth­er device (Down­load), it can either be an inter­ac­tive or non-inter­ac­tive offer, the offer to the con­sumer can be against pay­ment (e.g. per down­load, per stream, based on sub­scrip­tion, etc.) or for free.

Exam­ples for the numer­ous options of online usage of music are Audio on demand, Video on demand, ring­tones for mobile phones, pro­mo­tion­al films on web­sites, webra­dio, pod­casts, web TV and many more.

Obtaining musical rights for online usages

In order to use musi­cal works pro­tect­ed by copy­right in dig­i­tal net­works it is nec­es­sary to obtain licences and pay licence fees. The fol­low­ing rights can be distinguished:

  1. Right of mak­ing avail­able, resp. Broad­cast­ing right
  2. Repro­duc­tion rights
  3. Neigh­bor­ing rights („Leis­tungss­chutzrecht“, e.g. rights in sound recordings)
  4. Edit­ing rights for ringtones
  5. Dub­bing rights or pro­duc­tion rights

Right of making available or broadcasting right

These rights are exer­cised by AKM and can there­fore be obtained direct­ly from us. The AKM licence includes – depend­ing on the kind of online music usage – the right of mak­ing avail­able online or online broad­cast­ing right.

Reproduction Right

Repro­duc­tion rights are exer­cised by aus­tro mechana and can be obtained there.

The licence of aus­tro mechana includes the right to record one or more musi­cal works or sec­tions there­of and to repro­duce it in any tech­ni­cal way, includ­ing the upload to a serv­er as well as the stor­age on a consumer’s device.

The licence is only for pri­vate or own use of the end con­sumer who is the cus­tomer of our busi­ness part­ner. Use for non-pri­vate use or com­mer­cial pur­pos­es is not includ­ed, there­fore a sep­a­rate licence has to be obtained for such purposes.

This is also applic­a­ble to the use of archive music or com­mis­sioned music in case we rep­re­sent the author. (Scroll down for more infor­ma­tion about archive music and com­mis­sioned music.)

This licence does not include the right to use the works in con­nec­tion with works of oth­er kinds (e.g. film, pic­tures; the so-called “syn­chro­ni­sa­tion right”) and the right of graph­i­cal rep­re­sen­ta­tions of sheet music or lyrics . Fur­ther­more, licences for full or par­tial dra­mati­co-musi­cal works can­not be granted.

Neighboring Right (“Leistungsschutzrecht”)

In case music from a sound stor­age medi­um (e.g. CD) is used for online usage, then the neigh­bor­ing right for the use of the respec­tive record­ing must be obtained from the sound car­ri­er pro­duc­er. For most online uses includ­ing non-inter­ac­tive webra­dio and cer­tain inter­ac­tive uses, this right can be obtained through LSG (“Leis­tungss­chutzge­sellschaft”), the Aus­tri­an CMO admin­is­ter­ing rights in sound record­ings. If archive music is used, the right is usu­al­ly already includ­ed in the fee of the archive music pub­lish­er, if music is com­mis­sioned then the right is nor­mal­ly obtained by the com­pos­er in his simul­ta­ne­ous role as pro­duc­er. (Scroll down for more infor­ma­tion about archive music and com­mis­sioned music.)

Editing rights for ringtones

The pro­duc­tion of ring­tones is always asso­ci­at­ed with a cut and/or adap­tion of the respec­tive musi­cal work, hence edit­ing rights must be obtained from the author or publisher.

Dubbing rights or production rights

Once a licence has been obtained it is gen­er­al­ly not nec­es­sary to get approval from the affect­ed rights own­er (e.g. com­pos­er). How­ev­er, due to the author’s moral right it is nec­es­sary for some online usages to obtain the dub­bing rights or pro­duc­tion rights in addi­tion. This is nec­es­sary if the ren­di­tion is not true to the orig­i­nal (e.g. short­ened) or if it is to be used for either ide­o­log­i­cal, polit­i­cal or adver­tis­ing pur­pos­es or as back­ground music for erot­ic con­tent. In these cas­es the author may refuse con­sent or attach con­di­tions. If a pub­lish­er is exer­cis­ing the rights of the author the inquiry is to be direct­ed to the music publisher.

Upon writ­ten request aus­tro mechana will iden­ti­fy the music pub­lish­er respon­si­ble for Aus­tria. The request is sub­ject to a charge which is only applic­a­ble if we are able to name the pub­lish­er or respec­tive rights own­er. All infor­ma­tion is pro­vid­ed in writ­ing. Please send requests to Ms. Karin Schober-Schärf (e‑mail: karin.schober-schaerf@akm.at)

Info about archive music und commissioned music

Archive music is music which is pro­duced espe­cial­ly for the scor­ing of image videos, TV and cin­e­ma movies, com­mer­cials, etc. Archive music pub­lish­ers will help you to choose the right music, in order to use an archive musi­cal work it is nec­es­sary to obtain a licence from the archive music pub­lish­er which includes the pro­duc­tion right and neigh­bor­ing right. In addi­tion it is nec­es­sary to obtain the rights for repro­duc­tion and dis­tri­b­u­tion from aus­tro mechana.

Com­mis­sioned music is music which has been cre­at­ed specif­i­cal­ly for a cer­tain pro­duc­tion. This includes the com­po­si­tion itself (com­mis­sioned com­po­si­tion), in most cas­es also the record­ing of the com­po­si­tion if the com­pos­er is also the pro­duc­er (and for exam­ple pro­vides the pro­duc­tion to the cus­tomer on CD‑R or DAT).

Who gets the licence

The licence for online ser­vices is usu­al­ly grant­ed to the com­pa­ny which offers the online ser­vices to the end con­sumer („Con­tent Provider“).