The (new) Provisions On Unknown Exploitation Forms And The Right Of Second Exploitation In Copyright Contract Law

New provision on unknown exploitation forms (Section 24c para 2 and 3 Austrian Copyright Act)

To protect the author, the provision limits the possibilities of granting rights for as yet unknown forms of exploitation (since the author cannot foresee the economic relevance at the time such rights are granted). As a reminder, a form of exploitation describes the scope and "field of use" of exploitation rights. Accordingly, a contract granting right to unknown exploitation forms must be in writing and the author has a right of revocation that cannot be waived in advance.

What is unknown?

Whether a type of exploitation is known is not only determined by the fact that the technical possibilities for it exist, but also by the economic relevance. New forms of exploitation usually come along together with technical revolutions and ground-breaking inventions that would happen frequently, but not every day. Therefore, unknown forms of exploitation are those that may