2.5-5 An e-learning platform is constructed according to the ideas and structures invented by its developers. A lecturer would now like to use this structure for his teaching. May the lecturer do so without the consent of the platform developers?


Yes and no. The e-learning platform is a database and therefore a collected work pursuant to Art. 4 CopA. It is protected with regard to the selection and arrangement of the content (data) when this can be viewed as an intellectual creation with individual content. The self-conceived scheme according to which the platform is structured fulfils these conditions. The platform is therefore protected by copyright, so the author’s consent is needed.However, here the limiting provision pursuant to Art. 19 para. 1 (b) CopA must be considered, which specifies that no consent is required under particular conditions when the work is used for teaching purposes (private use for educational purposes).