Frequently Asked Questions

Good to know: facts about online usage

The use of cre­ative works in dig­i­tal net­works (e.g. inter­net) is sub­ject to copy­right. Below you find answers to fre­quent­ly asked ques­tions. Don’t hes­i­tate to con­tact us for per­son­al con­sul­ta­tion.

Dig­i­tal net­works (e.g. inter­net, mobile) are a great way to con­sume music. 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 music down­load shops, ring­tones for mobile phones, audio/video on demand, webra­dio, pod­casts, web­sites with back­ground music and many more.

Trans­fer of a data file via a net­work (e.g. inter­net, mobile phone net­work) from anoth­er PC, a serv­er, a web­site on anoth­er PC, etc to a local PC or oth­er device (e.g. mobile phone) and stor­age of this file on the local PC or device. Typ­i­cal­ly the file can only be con­sumed once the trans­fer of the file is com­plet­ed. A com­bi­na­tion with stream­ing is pos­si­ble.

Trans­fer of a data file in a con­tin­u­ous data stream via a net­work (e.g. inter­net, mobile phone net­work) from anoth­er PC, a serv­er, a web­site on anoth­er PC, etc. to a local PC or oth­er device (e.g. mobile phone), while con­sum­ing the file dur­ing trans­mis­sion in real time. Typ­i­cal­ly, the data file is not stored on the local PC or device. A com­bi­na­tion with down­load­ing is pos­si­ble.

Music does not sim­ply exist. It was cre­at­ed – by com­posers and song­writ­ers. The result of this work is the intel­lec­tu­al prop­er­ty of the authors. They are enti­tled to fair remu­ner­a­tion for the use of their music in dig­i­tal net­works, for exam­ple on a web­site, as per copy­right law. AKM and aus­tro mechana col­lect these roy­al­ties in trust and dis­trib­ute them to the cre­ators.

Every piece of music and every music record­ing is pro­tect­ed by copy­right law until the term of copy­right ends. Musi­cal works are pro­tect­ed 70 years after the death of all par­tic­i­pat­ing authors. Music record­ings (CD, MP3, etc) are pro­tect­ed up to 70 years after their release in Aus­tria. Prac­tice has shown that vir­tu­al­ly only pro­tect­ed musi­cal works and record­ings are used online.

Yes. The pur­chase of music enti­tles you to pri­vate use only. The author is enti­tled to roy­al­ties if his music is used on the inter­net, these roy­al­ties are not includ­ed in the pur­chase of a sound stor­age medi­um or music file.

Yes. Even if music is pro­vid­ed for lis­ten­ing pur­pos­es “only” it is con­sid­ered online usage and requires you to obtain a licence from AKM and aus­tro mechana.

Even if you pro­vide music for free you will need to obtain a licence from AKM and aus­tro mechana.

Even if you offer only snip­pets of songs on a web­site it is nec­es­sary to obtain a licence from AKM and aus­tro mechana.

Yes. You only paid for the record­ing stu­dio to pro­duce the record­ing. How­ev­er, the authors are enti­tled to roy­al­ties for the use of their music on your web­site, these are not cov­ered with your pay­ment. It is nec­es­sary to reg­is­ter with AKM.

As a mem­ber of AKM and aus­tro mechana you are enti­tled to present your own works in full length on your own web­site with­out pay­ing a licence fee, as long as the rights of third par­ties (e.g. music pub­lish­er) are not affect­ed. If your works have been released you need the approval of your record label. In order to obtain such a roy­al­ty-free license for non-com­mer­cial uses, please con­tact the AKM New Media depart­ment.

Assum­ing that the titles are from the label’s own reper­toire, free sound clips last­ing up to 45 sec­onds can be pre­sent­ed on the label’s web­site for stream­ing pur­pos­es with­out the need to obtain a licence from AKM and aus­tro mechana. Please con­tact us if you intend to offer longer sound clips.

No. The licence agree­ment cov­ers only the per­form­ing rights for which the con­tract has been con­clud­ed. Web­sites with music are not includ­ed in the licence agree­ment for out­lets, it is nec­es­sary to obtain a sep­a­rate licence for online usage with AKM.