5a. HOW… may other people use a work? – Exceptions by law

The author of a work basically has the exclusive right to their work (Art. 9 to 11 CopA). They are ‘master’ of their work and may decide what is to happen with it, in particular how others may use it. This means that another person (the user of the work) may in principle not use a work without the author’s consent.

  • For the safe-guarding of cultural and social values; for example, the copying of written works in Braille (permission to create parodies Art. 11 para. 3 CopA, archive and backup copies Art. 24 CopA, use of works by disabled people Art. 24c CopA)

With the exception of the compulsory licence for the manufacture of phonograms (Art. 23 CopA), the limiting provisions are also referred to as statutory licences, as the right to use the protected work is granted by law. Therefore, users of works do not need the author’s consent.