Law / Austria

UrhG Section 42h, Text-and-Data-Mining Exception

UrhG Sec. 42h, BGBl. Nr. 111/1936 as amended by BGBl. I Nr. 244/2021

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

In force since 1 January 2022.

A copyright and text and data mining (TDM) rule binding public and private bodies.

As of 6 September 2026.

What it requires

  • You may reproduce a lawfully accessed work to mine text and data for scientific or artistic research through a research organization or cultural-heritage institution, and this right cannot be waived by contract, per UrhG Section 42h(1) to (5).
  • For any other text-and-data-mining use, do not reproduce a work if the rightsholder has expressly reserved their rights in an adequately signaled, and for online works machine-readable, manner, per UrhG Section 42h(6).

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Section 42h(1) to (5) lets a research organization, a cultural-heritage institution, or an individual researcher acting for one, reproduce a lawfully accessed work to mine text and data for scientific or artistic research, and store the reproduction as long as the research purpose justifies it; this exception cannot be contracted away and applies even where a for-profit undertaking participates in a public-private partnership with the research or heritage institution.

Section 42h(6) creates a separate, general exception letting any person reproduce a lawfully accessed work for their own text-and-data-mining, for any purpose, unless the rightsholder has expressly prohibited the reproduction through an adequately signaled reservation, in particular a machine-readable one for works made available online.

The dossier for this visit listed a distinct 'Section 42i' covering the general opt-out exception; no such section exists in the consolidated UrhG text read for this visit, and the general exception is Section 42h(6) itself.

When LexLint raises it

  • crawls_web
  • trains_models

Read the law

Urheberrechtsgesetz (UrhG), JUSLINE Osterreich consolidated text

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