5.2.1-9 What does complete or near to complete copying mean pursuant to Art. 19 para. 3(a) CopA, or what does incomplete copying mean?


The jurisdiction in Switzerland is not uniform in this regard. According to the Civil Court of Basel, incomplete is understood to mean a maximum of 75% of a commercially available work (Civil Court of Basel-Stadt dated 19.06.2002 in sic! 2003, 217) while the Appellationshof Bern understands this to mean a maximum of 90% of the work that is commercially available (Appellationshof Bern dated 21 May 2001 in sic! 2001, 613).⇒ Exceptions for private use:

  • paintings, photos, graphics, sketches and other works of art may be completely copied (Joint Tariffs 8 and 9)

⇒ Exceptions for private use for educational purposes:

(c.f. the Joint Tariffs for further general information).