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VdFS

VdFS manages fiduciary and collectively the copyrights and neighbouring rights of the professional groups direction, camera, film editing, stage design, costume design and acting.

VdFS distributes royalties, which result from secondary exploitation rights as well as legal remuneration and participation claims, to filmmakers,  performing artists in the audiovisual field and their legal successors (heirs). This is income such as, for example, cable fees, private reproduction remuneration, remuneration for public reproduction of films in schools and universities, and the public lending rights.

VdFS uses reciprocal agreements with numerous foreign affiliated companies to manage the rights and claims of its members (beneficiaries) abroad.

VdFS dedicates a portion of its income to social and cultural institutions (SKE) on the basis of legal regulations and voluntary deductions. With these funds, the society supports its members in social emergencies and in the area of training and further education. In addition to that, VdFS supports film festivals and film-related projects and contributes financially to the professional associations of filmmakers.

VdFS advises its members on issues of (film) copyright. It supports the interests of filmmakers in relation to amendments of copyright and collecting society laws and represents these on a national, European and international level.

VdFS is audited and controlled by its Supervisory Board, an independent auditor, the Federation of Cooperatives and the Supervisory Authority of Collecting Societies.

 

VdFS Team

 

Committee

Board of Directors

 

Eder Fabian  (Chairman, Camera)

Reichmann Florian (Vice-Chairman, Stage Design)

Brameshuber Sebastian (Direction)

Kreihsl Michael (Direction)

Ludwig Christine (Costume Design)

Mossböck Niki (Film Editing)

Sprenger Kristina (Acting)

 Supervisory Board

 

Stemberger Julia (Chairwoman, Acting)

Roth Thomas (Vice-Chairman, Direction)

Arnsteiner Norbert (Camera)

Lesowsky-List Sonja (Film Editing)

Oláh Thomas (Costume Design)

Vögel Thomas (Stage Design)

 

Representatives of Beneficiary

   

Groll Jacob (Direction)

Frey Gerald (Camera)

Drack Julia (Film Editing)

Enid Löser (Stage Design)

Ebner-Laszek Theresa (Costume Design)

Nelska Liliana (Acting)

 

VdFS Team

schödl

Mag. Gernot
Schödl, LL.M.
Managing Director

gernot.schoedl@vdfs.at

+43 (1) 504 76 20

 

glatz

Gudrun Glatz, BA
Assistant to the Managing
Director / SKE /
Royalty Management

gudrun.glatz@vdfs.at

ske@vdfs.at

+43 (1) 504 76 20 14

 Judith

Judith Wiese
Assistent SKE

judith.wiese@vdfs.at

ske@vdfs.at

+43 (1) 504 76 20 16

 Nicole

Nicole Meyer, MA
Team Assistent /
Membership / PR

nicole.meyer@vdfs.at

presse@vdfs.at

+43 (1) 504 76 20 12

 

matzenberger

Mag.(FH) Harald
Matzenberger
Head of Documentation

harald.matzenberger@vdfs.at

+43 (1) 504 76 20 11

pedro grünwalder

Pedro Grünwalder, MA
Data Management

pedro.gruenwalder@vdfs.at

+43 (1) 504 76 20 15

Krammer

Ing. Markus
Krammer, MSc
Project Manager
Data Management

markus.krammer@vdfs.at

+43 (1) 504 76 20 19

 

© Martin Jordan Fotografie 

© VdFS

Statements

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Members of VdFS

In addition to more than 3,200 beneficiaries who have concluded a representation agreement with VdFS, we also represent all beneficiaries of our foreign sister companies with which we are affiliated through reciprocal agreements.

You can find out how to become a member here.

 

Mandatory Publications

Here, all documents that must be published pursuant to Section 44 of the Collecting Societies Act 2016, can be found.

Legal basis

License to operate
The license to operate is the legal basis for the collection activities of VdFS.

VdFS License to operate

Statutes of VdFS
The rules for ordinary membership contain those provisions according to which a beneficiary can become a cooperative member of VdFS.

Statutes of VdFS (german)

List of statutes
The directory contains an overview of the bylaws concluded by VdFS with user organizations

List of statutes

Membership

Membership Contract
The conclusion of the Membership Contract results in the membership of VdFS. In this contract, various rights and claims are granted to VdFS for the purpose of the fiduciary and collective managemen

Membership Contract

Ruels for ordinary Membership
The rules for ordinary membership contain those provisions according to which a beneficiary can become a cooperative member of VdFS.

Rules for ordinary Membership

Directory of the members of the cooperative
This directory contains an overview of the regular members of VdFS.

Regular members of VdFS

Contracts

List of total contracts
Here you will find an overview of the overall contracts concluded by VdFS with user organizations.

List of General Agreements
 

Contracts with the federal government
The list of contracts with the federal government contains an overview of the overall contracts concluded by VdFS with the federal government.
VdFS has not currently published any autonomous tariffs and has not concluded any contracts with ORF.

List of Contracts with the Federal Government

Reciprocity agreements
The list of reciprocal agreements contains an overview of the reciprocal agreements concluded by VdFS with foreign sister companies.

Reciprocal Agreements

Distribution Rules

Distribution principles
These general principles for distribution regulate the framework on the basis of which the distribution regulations and SKE guidelines of VdFS are decided.

General principles for distribution

Distribution regulations
The distribution regulations contain the fixed rules according to which VdFS distributes royalties to its members.

Distribution Rules 2018

Distribution Rules 2019

Distribution Rules 2020

Distribution Rules 2021

Guidelines

SKE-Guidelines (Social and Cultural Institutions)
The SKE-guidelines contain the fixed rules according to which VdFS assigns contributions from social and cultural institutions.

SKE-Guidelines

General principles

General principles for the use of non-distributable funds
These principles for  contain the framework for the use of non-distributable royalties.

General principles for the use of non-distributable funds

General principles of administrative costs
The "general principles of administrative costs" determine the framework for the deduction of administrative expenses

General principles for other deductions (as administrative costs)

General principles for other deductions
The "general principles for other deductions (as administrative costs) including deductions for the SKE" contain the rules for other deductions than administration costs such as SKE-deductions and reserves.

General principles for other deductions (as administrative costs)

Rates

Tarif Kabel-TV (2019)

Tarif Kabel-TV (2020)

Tarif Kabel-TV (2021)

Tarif Kabel-TV (2022)

 

Tarif Mobile-TV (2019)

Tarif Mobile-TV (2020)

Tarif Mobile-TV (2021)

Tarif Mobile-TV (2022)

Reports

SKE-Reports (Social and Cultural Institutions)

The reports provide an overview of the SKE grants distributed in a given year. (Reports in German)

SKE Report 2012

SKE Report 2013

SKE Report 2014

SKE Report 2015

SKE Report 2016

SKE Report 2017

SKE Report 2018

SKE Report 2019

SKE Report 2020

SKE Report 2021

Activity Reports
These reports contain an overview of the most important facts and figures of VdFS as well as the activities in the year in question. (Reports in German)

Activity Report 2012

Activity Report 2013

Activity Report 2014

Activity Report 2015

Transparency Reports
These contain all information pursuant to Section 45 VerwGesG 2016.

Transparency Report 2016

Transparency Report 2017

Transparency Report 2018

Transparency Report 2019

Transparency Report 2020

Codices

The Corporate Governance Code of the Austrian Cooperative Association contains regulations on the organization and structure of cooperatives.

Complaints or dispute participation

The opportunities for complaints and alternative dispute resolution illustrate contact information and legal procedures in case of complaints or disputes.

Opportunities for complaints and alternative dispute resolution

 

 

Undistributable royalties

Here you will find the non-distributable amounts to be published in accordance with §35 VerwGesG 2016.

List of non-distributable amounts 2018

List of non-distributable amounts 2019

List of non-distributable amounts 2020

 

The history of VdFS

VdFS was founded in 1992.

The real starting point, however, was the meeting of the Austrian Association of Cinematographers in 1984, which brought filmmakers’ copyrights and exploitation rights in Austria to the forefront for the first time.  This was the first time that Austrian filmmakers became aware that, for many years, royalties from cable television and private reproduction remuneration was collected and distributed by the other collecting societies, such as AKM (Society of Authors, Composers and Music Publishers), Literar-Mechana, VAM (Collecting Society for Audiovisual Media) and VGR (Collecting Society of Broadcasters). With the support of BILD-KUNST, the German collecting society that was already in existence at that time, but especially the well-known German cinematographer Jost Vacano (“Das Boot”), the AAC commenced an awareness campaign that lasted for many years, with the aim to establish a collecting society for filmmakers also in Austria. In cooperation with the professional associations of film set designers and master film editors, this idea finally became the umbrella organisation of Austrian filmmakers, and the establishment of a collecting society was raised as an urgent request with politicians by all occupational groups involved in cinematographic works.

A copyright congress in Salzburg in 1991 where every institution and all associations were represented, finally accelerated progress.

Read more.

In the spirit of the congress and with an increased sense of self-awareness, VdFS (Verwertungsgesellschaft der Filmschaffenden - Collecting Society of Audiovisual Authors and Actors with limited liability) was founded by a handful of filmmakers, legal and tax experts, in the legal form of a limited liability cooperative. Amongst them was also the first managing director of VdFS, Univ. Prof. Dr. Walter Dillenz. The goal was to allow filmmakers to participate in this income, the same as musicians, authors, visual artists, producers and broadcasting institutions.

From 1993 until 1996, the activities of VdFS were mainly limited to the collection and distribution of royalties, which had been forwarded on from collecting societies abroad. The amendment to the Copyright Act in 1996 was the turning point, allowing filmmakers to participate in the above mentioned profits for the first time. In addition, the rights of film actors had to be asserted little by little. From onwards, 1997, VdFS was finally able to show its own domestic profits.

This income was increased significantly over the course of the next decades, whereby VdFS first had to succeed in obtaining reasonable share in the profits of the other collecting societies. For example, the shares of VdFS in the profits of VAM (cable fees and private reproduction remuneration) could initially be contractually determined. After VAM terminated this agreement, the decision on how the profits should be divided between VdFS and VAM was taken by the Copyright Senate. Then in 2006, VdFS came to an agreement with VGR in a court settlement on an appropriate share of its revenues, which caused a further increase in the profits of VdFS. This positive development has, however, not yet come to its conclusion. Filmmakers were not yet able to demand reasonable compensation for the use of their works and performances in all areas of the industry.

VdFS enjoyed significant success in 2012, when the European Court of Justice (ECJ) declared, in the context of a test case initiated by VdFS, that the “cessio legis” of the Austrian film copyright was illegal under EU law. From the Austrian filmmakers’ point of view, this decision was to be regarded as a milestone, as, in accordance with the previous jurisprudence and the prevailing teachings, all rights of use belonging to the filmmakers were by law assigned to the producers.

The highest European court put a stop to this expropriation by the Austrian legislature, which went back to the original version of the Copyright Act of 1936. Since 2012, the “cessio legis” is to be interpreted as “rebuttable presumption” in favour of the film producer. The legal situation is now comparable to that of all other European countries. This means that, for the sake of legal certainty, it is assumed that the exploitation rights were granted to the producers, however, the filmmakers and the producers can contractually agree something different at anytime.

With the ability to conclude these contracts, filmmakers are now no longer relegated to a position of “second class creator”. In theory, at least, profits going to the producers can be shared, and individual rights can also be contractually reserved.

But it is obvious that this does not automatically mean higher incomes for filmmakers. This is because, in practice, producers and broadcasters enter into agreements with filmmakers and actors, granting all rights in exchange for a one-time payment (“buy-outs”).

In these cases, VdFS can, however, protect its members by asserting the rights and claims of the beneficiaries in their own name, at least in the area of “second and third exploitation” of their works and performances in their name and interests.

By the elimination of “cessio legis” which was again confirmed by the Austrian Supreme Court of Justice (OGH) in 2014, in any event, a fundamental change in the legal position has occurred. Since then, filmmakers and actors are to be treated as equal to all other creators and intellectual property rights holders. This means that filmmakers are no longer “subtenants” of film producers and broadcasters, instead they can independently assert their rights and claims (or represented by VdFS) with the users of their works.

However, this new legal position is still not yet reflected in Austrian Copyright Law. This is because the legislature has unfortunately neglected to introduce modern and fair film copyright practices within the framework of the amendments to the Copyright Act in 2013 and 2014. VdFS is working to put this into effect as quickly as possible and without compromises at the expense of the filmmakers.

This basic change in the legal position should also have a positive effect in the future on VdFS license to operate, which provides the legal framework and basis for the collection activities of VdFS. Taking a page from other affiliated organisations abroad, VdFS has been working since its inception to expand its license to operate in the interests of its beneficiaries.

From 1993 to 2014, VdFS brought in around 65 million Euros in foreign and domestic revenues for its beneficiaries and distributed around 6 million Euros in funds for social and cultural purposes.