5a.2.4 Copies made by a third party

Within the scope of private use in the personal sphere or in a private circle, private use for educational purposes and professional use, it is often the case that users of works do not copy the work themselves but instead have it done by a third person (e.g. a library, a copy shop, etc.). This is permitted and regulated by law (Art. 19 para. 1 in conjunction with Art. 19 para. 2 CopA). As the Copyright Act is technology-neutral, it makes no difference which technology is used to make the copies. The third party may also send the copies to the users in a technically-neutral manner, both by post or digitally (BGE 140 III 622). Pursuant to Art. 19 para. 2 CopA, basic provision of photocopiers is also permitted so that a user of a work can produce the desired copies for their own private use.


Scope of copying when self-copying on library photocopiers

In the case of self-copying on photocopiers made available for general public use, users of works no longer have the same entitlements that they would have if they had copied the work on a private photocopier, with a private scanner, a digital camera, etc. They do not profit any longer in concrete terms from the applicable special privileged status of the permitted complete copying. In this way, the limitations regarding the permitted scope also come into effect here, as in the case of private use for educational purposes and professional use (Art. 19 para. 3 CopA), whereby the copying of a complete work is not permitted.


5.2.4-2 May a library send copies abroad?

No, the sending of copies abroad is not covered by the Joint Tariffs. In individual cases, the consent of the owner of rights would be required.Special case: the sending of a copy of a licensed work (e.g. article from a scientific e-journal) can also be permitted pursuant to the licence agreement.