Basics of Copyright
1. WHERE… is the work used and which national law is applicable?
1.1 Territoriality Principle
1.2 Use in Switzerland
1.3 Use abroad
1.4 Contracts with international aspects
1.5 Determining the country where a work is being used: online dissemination
1.6 Specifics of legislation: example of the term of protection of a work
2. WHAT… is a protected work?
2.1 Protected work
2.1.1 Intellectual creation
2.1.2 Individual character
2.1.3 Form of expression
2.1.4 Drafts, titles and parts of works
2.2 Categories of work
2.2.1 Linguistic works
2.2.2 Musical and sound works
2.2.3 Works of art
2.2.4 Technical or scientific works
2.2.6 Works of applied art
2.2.7 Photographs and films
2.2.8. Websites, homepages, webpages and co.
2.2.9 Choreographies and pantomimes
2.3 Works excluded from protection
2.4 Derivative works
2.6 How long is a work protected?
2.6.1. Terms of protection – beginning and end
18.104.22.168. Author’s date of death is unknown
22.214.171.124 Unknown authorship
126.96.36.199 Orphan works
188.8.131.52 Unpublished works
184.108.40.206 Joint authorship
2.6.2 Structure of the terms of copyright protection
2.6.3 Calculating the term of protection
2.6.4 Use of works in the public domain
3. WHO… owns the copyright in the work?
3.2 Joint author
3.3 The author cannot be determined
3.4 Other owners of rights
3.4.1 Assignment of rights by contract
3.4.2 Publishing contract
3.4.3 Licence agreement
3.4.4 Assignment of copyrights under employment relationships and in the educational sector
220.127.116.11 Copyrights under an employment relationship
18.104.22.168 Copyrights of teachers
22.214.171.124 Copyrights of students
4. WHICH… rights in the work are protected?
4.1 The moral right of the author
4.1.1 Right of first publication
4.1.2 Right to recognition of authorship
4.1.3 Protection of a work’s integrity
4.2 Property right (uses of a work)
4.2.1 Right of reproduction
4.2.2 Right to distribute
4.2.3 Right to make a work perceptible or available
4.2.4 Right to broadcast, right to retransmit and right to make a work publicly perceptible
4.2.5 Second Publication Right
5. HOW… may other people use a work?
5.1 How does the law compensate the encroachment of the author’s exclusive right?
5a.1.1 Exploitation through collecting societies
5a.2 Private use
5a.2.1 Private use in the personal sphere
5a.2.2 Private use for educational purposes
5a.2.3 Professional use
5a.2.4 Copies made by a third party
5a.2.5 Counter exceptions to the copyright limiting provisions (exceptions to the exceptions)
5a.2.5.1 Limitation of private use
5a.2.5.2 Obligation of remuneration for private use
5a.3 Archive and backup copies
5a.3.1 Archive copies
5a.3.2 Archive and backup copies
5a.4 The temporary copying of a work
5a.5 Restriction for scientific research
5a.6 The right of quotation
5a.7 Use of orphan works
5a.8 Use of works by people with disabilities
5a.9 Works on premises open to the public
5a.10 Collecting Societies
5a.10.1 Swiss Collecting Societies
5a.10.2 Foreign sister societies
5a.10.3 Activities subject to surveillance
5a.10.4 Activities not subject to surveillance
5a.10.5 Control over administrative management
5a.11 Reporting current events
5b. HOW … can other people use a work? – Contractual licenses
5b.1 Creative Commons Licences
5b.1.1 What do all Creative Commons licences have in common?
5b.1.2 What are the individual elements of Creative Commons licences?
5b.2 Free and open source software licences
5b.2.1 WHICH rights are licensed?
5b.2.2 WHO are licensors and licensees?
5b.2.3 HOW MUCH money may be charged for FOSS?
5b.2.4 HOW may FOSS be redistributed by licensees?
5b.2.5 WHAT happens when a FOSS licence is infringed?
5b.3 Extended collective licenses
6. AND… responsibility and sanctions?
6.1 Civil actions according to the CopA
6.1.1 Action for declaratory judgement
6.1.2 Action for performance
6.1.3 Forfeiture of unlawfully manufactured goods
6.1.4 Conditions for action for declaratory judgement, for performance and for forfeiture
6.2 Civil actions according to the Swiss Code of Obligations
6.2.1 Action for damages
6.2.2 Action for compensation of non-material damages
6.2.3 Action for handing over of profits
6.3 Preliminary measures in civil law
6.4 Publication and notification of judgements
6.5 Criminal actions
6.5.1 Infringement of the exclusive rights of the copyright owner
6.5.2 Omission of source
6.5.3 Forfeiture of works used to commit the infringement
7. Copyright and social media
7.1 Where does copyright affect social media?
7.1.1 What is social media?
7.1.2 The development of information and communication technology
7.1.3 Developments in digital use
7.2 A shifting legal basis
7.3 Why does social media raise copyright issues?
7.3.1 The many categories of social networks
126.96.36.199 Distinction according to function
188.8.131.52 Distinction according to ways to participate
184.108.40.206 Distinction according to revenue model
7.4 What rights come into play?
7.4.1 Moral rights
220.127.116.11 Right of paternity
18.104.22.168 The right of integrity
22.214.171.124 Right of disclosure
7.4.2 Property rights
126.96.36.199 Right of reproduction
188.8.131.52 Right of distribution
184.108.40.206 The right to make something available
7.5 What are the rights, risks and obligations of the various parties?
7.5.1 The user of the work on social media
220.127.116.11.1 The use of works for personal purposes or within a group of closely connected people
18.104.22.168.2 Use for educational purposes
7.5.2 The author of the work being used on social media
22.214.171.124 The author sees their work being used without their consent
126.96.36.199 When an author publishes their work themselves
7.5.3 When a service provider sees the work being used on its networks