location austria. the film commission of austria.

Private Permits

In general, objects in the possession of third parties and not protected under copyright laws (see details below) may be filmed, even without the consent of the owner who, to this extent, is not entitled to financial compensation. Under civil law, the owner’s permission to film a property is required if foot is set on said property in the course of filming, or, access to a unique view on the property is gained from an uncommon viewpoint (“Private Property Right” – ”Hausrecht”). In addition, permission to film must be obtained from the tenant/leasee of a building, apartment, or property, if applicable.

Public Permits

At times, public permits may be required and must be obtained from the appropriate authority. When filming in Vienna, for example, a Film Permit Contract has to be signed with the city of Vienna.

Copyright Clearances

When filming copyrighted work/artwork (i.e. paintings, sculptures), a reproduction, adaptation, or alteration permit from the copyright owner generally needs to be obtained. Permits are not required to follow a specific format, however, for verification purposes, a written permit is preferred.

Copyrighted works/artworks require film permits even when they are not the main focus but merely in the background of the picture (i.e. a film runs on a TV, a street musician plays a tune, a painting hangs on the wall). One exception to this law is the “public access provision“ (“freie Werknutzung“) of the Austrian Copyright Law which follows the concept of “public access to street images“. Under this provision, filming of a copyrighted work/artwork without a permit is allowed when architectural works or pieces of art, such as sculptures and paintings are filmed from public views and angles that are shared with members of the public and can be seen with the naked eye.

Compliance with the “public access provision“ has to be clarified for each project. A modified reproduction of the image is not permissible under this provision. Any modification requires a copyright clearance from the owner. Copyright holders also have to receive credit when their work is filmed also when the “public access provision“ applies.

According to a single ruling by the Austrian Supreme Court, the “public access to street images“ concept can also be extended to interior parts of a building, such as a staircase, courtyard, lobby, individual halls and rooms, interior architecture, glass windows, and frescos as long as the reproduction of the interior and exterior can be seen as one unified image. Compliance with this interpretation of the “public access provision“ is examined on a case-by-case basis.