1E9Ct5D

In the latter case, the author maintains his right to legally contend any breaches to thecopyright, but he must refrain from using the work. The exclusive rights of exploitation areheritable, as well as alienable.Copyright durations awarded to works of literature, music, and fine art are determined bywhether the author of a work will be so characterised on the basis of the presumption ofauthorship, and whether or not the copyright was registered with the Copyright Registermaintained by the Federal Ministry of Justice.The Federal Ministry of Justice does not test the authority of the applicant seekingregistration or the correctness of the facts made. If the author’s rights are registered within70 years of the work’s creation, his copyright protection is given a 70-year time limit thatcommences on death, irrespective of whether or not the author can be classified in a mannerthat grounds his presumption of authorship. If, however, the author fails to register hiscopyright and the latter does not fall into one of the classified categories that establish apresumption of authorship, the copyright expires 70 years after the creation of the work.Copyright protection for cinematography works expires 70 years after the death of the lastliving director, screenplay author, dialogue author, or creator of musical works speciallyrequested for the film.The scope of protection of the Copyright Act encompasses authors of Austrian citizenship,irrespective of where their work is first produced. At the same time, all work that is producedwithin Austria is protected by the Act in accordance with article 95. In principle, foreignauthors whose works are not produced in Austria or based on Austrian-owned property maybenefit from the Act’s protection, so far as protection from their own countries, equivalent tothe Act’s protection, reaches them.IX Domain NamesThe protection of domain names, the alphanumerical chain of symbols formed to construct anInternet address, is a relatively new legal area still under development. Each domain can berepresented only once on the Internet and, thus, it is important to guarantee that only thechosen addressee is reached through the given address. This legal area has yet to be codifiedin Austria.At present, the intellectual property rights resulting from the use of domain names areprotected by the Austrian competition law regime. “Domain-grabbing” occurs when a personengaging in trade deliberately acquires a domain name, with the intention of sabotaging thecostly prior efforts of a competitor by using the name for his own business purposes or byexploiting his gained position at the expense of his competitor. This is considered unethicalunder article 1 of the Unfair Competition Act.A claim in deception can be made when another label is used as the domain name, therebymisrepresenting the origin and, thus, the qualities of the economic performance. A domainuser is acting in bad faith in the sense of article 9, clause 1, and is liable to pay damageswhen he uses the domain name in a manner that arouses confusion. An enterprise thatregisters a domain name as its website address uses this as an enterprise sign in the businessmarket. A danger of confusion occurs when the use of the domain name brings about thedanger that it may be wrongly associated with a particular enterprise.There is presently, however, no trademark or distinguishing mark protection for domainnames. Thus far, they have not been ascribed any distinguishing mark-like effects. It remainsto be seen whether domain names, which currently merely specify a machine rather than aperson, addressee, or sender of a message, may be treated as distinguishing marks in thefuture, thereby allowing users to freely choose the expressive force of distinguishing marksfor themselves. As a consequence of the present value attributed to domain names, noanalogy is drawn to marks that cannot prove distinctiveness and are thus prevented from- 41 -