The use of a photograph of a politician with a child, in combination with a satirical text, in a self-advertisement of a news magazine, is not covered by the freedom of satire when the satire does not concern daily political events but is merely commercially self-serving. Furthermore, the implication of a political relationship between the people pictured conflicts with the child’s right to protection of its portrait. According to the Austrian Supreme Court, commercial advertisements also fall under the regime of Article 10 ECHR. The protection of a person’s portrait also applies to the usage in advertisements.
The variation of the Austrian National Anthem by setting it to a modernised “rock-version” of the classic tune and by changing the line “You are home to great sons” to “You are home to great sons and daughters” for use in an information campaign by the Austrian Federal Ministry for Education, Arts and Culture, does not infringe the rights of the copyright holder. According to the Supreme Court, the use by a Federal Ministry in an information campaign is covered by the contractual assignment of rights by the original lyrics’ author to the Republic of Austria and does not constitute a “commercial use”. The textual changes leave the meaning of the lyrics untouched, they fit the style of the rhy [...]
According to the Austrian Supreme Court, the EU Copyright Directive 2001/29/EC harmonises the right of communication to the public, assuming a consistent European term of publicity. The right of communication to the public is characterised by an element of distance. Therefore, the distribution by a hotel of a broadcast via TV to the TV-sets situated its guest rooms falls under the term of “communication to the public” regardless of the technical way in which the signal is being distributed.