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Filming Permits
Authorizations under civil law
In general, objects in the possession of third parties and not consisting of works protected under copyright laws (see details below) may be filmed, even without the consent of the owners thereof (who, to this extent, is not entitled to claim financial compensation).
The owner’s authorization, under civil law, to film a property or a building – in the “extended sense” – is required; however, if foot must be set on said property or building in the course of filming, or, access to a unique view on the property or building is gained from an uncommon viewpoint (“Owner/Proprietor’s Building Rights” – Hausrecht des Eigentümers/Besitzers). Information on the owner of a property/building can be obtained from the Land Register, which is open to inspection by anyone. With appropriate entitlement, the register, in its most up-to-date form, can also be accessed up on-line.
Similarly, if and as necessary, the agreement of the tenant/lessee of a building (apartment, property, etc.) must be acquired.
Under civil law, arrangements to obtain the owner’s/proprietor’s consent for filming qualify as rental contracts (“Rental of a Film Object”).
Governmental authorizations
Furthermore, in some individual cases, “governmental authorizations” (film permits in the narrower sense) must be obtained from the competent authorities. When filming in Vienna, for instance, a “film permit contract” (Drehgenehmigungsvertrag) has to be signed with the city of Vienna. The Vienna Film Office will act as your respective contact in this matter.
Wiener Filmbüro/Vienna Film Office
Magistrat MA 53/Town Council, Dept. 53 (MA 53)
Walter Galosch
Bartensteingasse 13
A-1010 Wien/Vienna
T: (+43) (0)1 4000-81042
F: (+43) (0)1 4000-998 1042
E: gaw@m53.magwien.gv.at
Copyright owner authorizations
Should works/creations (e.g. a painting or sculpture) protected under copyright laws be filmed, in general, the consent for filming (which, in terms of copyright law, is presumed to be a reproduction but could also be considered an adaptation/alteration) must be obtained from the copyright owner. Such agreements require no specific form, although, for purposes of securing it as evidence, it is recommended that the agreement is made in writing.
It should be noted that Austrian copyright law does not acknowledge the concept of “non-essential embellishment,” i.e. “incidental” filming without the owner’s consent of works or services protected under copyright laws is not permissible (e.g. a film is being shown on a TV set in the background; a painting hanging on a wall in the background is filmed along with the main scene).
The filming of protected works/achievements without the permission of the owners is only allowed within the framework of the “free works usage” provided for in Austrian copyright law, and this only in a very restricted sense. The most essential “free works usage” – especially in regards to filming outside the studio – concerns the “freedom of the image of the street,” according to which works or a building of special architectural interest (e.g. an especially architectonically designed building) or other works of fine art (sculptures, pictures) can be filmed without the consent of the copyright owner and reproduced if the works concerned are located in places used for public circulation and if the filming takes place from a viewpoint/location from which the building can be seen from the street by passers-by using unenhanced sight. The question of whether this actually applies must be clarified anew in each individual case (for instance, a building construction temporarily “artistically” enshrouded would not come under free works usage, to the extent that it is to be considered as an work of art [such as those of the husband and wife team Christo]). Furthermore, the work concerned may only be filmed and not subsequently distorted or otherwise adapted or altered. Direct imitative reconstruction of such a work (e.g. as front or model) is also prohibited.
According to a legal pronouncement by the Austrian Supreme Court which has remained isolated to the present time, freedom of the image of the street also covers parts of constructions’ interiors, such as staircases, courtyards, vestibules, individual halls and rooms, interior architecture, glass windows, frescos, to the extent that the designs of the interior and exterior views are to be considered as a unity. Also in these cases, the possible application of free work use should be thoroughly examined.
Further details on Austrian copyright law
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