Whether it's a traditional medium, online portal or company website: anyone who publishes content bears responsibility – legally, economically and morally. Austrian media law sets out clear requirements for media owners, publishers and website operators. In practice, however, it is often unclear where the boundaries of what is permissible lie: who is liable for comments, guest contributions or shared content from third parties? When is a post considered to be the website operator's own publication, for which they are responsible?
Sound legal advice for media owners protects you before expensive disputes arise. We review content, imprint information and moderation guidelines, assess risks and support you in dealing with media proceedings, counterstatements or cease-and-desist orders. Professional advice here does not mean retrospective damage limitation, but rather creating security for the future with foresight: Those who design their editorial processes to be legally compliant not only strengthen their legal position, but also their credibility and reputation. To this end, we support media owners, website operators and online editorial teams in all matters relating to media law, freedom of expression and digital communication – from preventive checks of your content to representation in the event of a dispute.
Advising subjects of media coverage
In the digital age, news, photos and comments spread in seconds – often unverified, sometimes unfair, occasionally legally inadmissible. Anyone who finds themselves the subject of media coverage asks themselves: What can be published – and where does freedom of expression end?
If defamatory or false content about you appears on social media or online portals, you are not powerless. Austrian intellectual property law and general civil law protect your personal rights and offer claims for counterstatements, injunctions, revocation or damages. Data protection law may also give rise to claims that protect your rights.
Against this background, we examine whether a publication is unlawful and represent you vis-à-vis the media, platforms or influencers. Professional advice helps to protect your reputation and integrity – and regain control over your own image.
Advising creators
Creative achievements are the result of talent, passion and patience. They deserve legal protection. Anyone who creates a protectable work, whether text, photo, music or software, has certain rights as the creator under Austrian copyright law. These include the right to prevent third parties from distributing the author's work without authorisation. Work usage agreements and licence agreements can provide a suitable framework for the (usually remunerated) use of works by third parties.
We advise authors on how to protect their works from imitation and unauthorised publication and on how to draft licence agreements in such a way that use, remuneration and rights are clearly regulated. A precise contract creates security and allows you, as the creator of the work, to sleep soundly.
Reasons for Schmelz lawfirm
Media and copyright law require knowledge of legal theory, but also an understanding of public relations, communication and the dynamics of media processes. This is precisely what our partner Mag. Eva Schmelz brings to the table. She was trained by one of Austria's most prominent media law experts and has gained years of experience in advising leading media companies. Her professional expertise is underscored by a former teaching position at the University of Vienna in the field of media and broadcasting law.
We advise and represent companies, media houses and private individuals in all matters relating to media and copyright law, from drafting contracts and licence agreements to defending against unlawful publications. Our goal: to protect your rights, strengthen your position and resolve conflicts with a clear vision and strategic approach.