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.
However, that is not in the general public’s interest and is also not at all practical in real life. It is almost impossible for works to be used in this way because every use – even something as basic as reading a book or copying a newspaper article for private use – would presuppose the need to seek the author's consent on every occasion. On the one hand is the perception of a work, which refers to just looking at, reading or listening to a work; it is not a copyright-relevant process at all and is also not regulated under copyright law. The perception of published works is therefore readily permissible. On the other hand, the law provides exceptions to the exclusive right of the author. These exceptions are known as limitations or limiting provisions as they limit this exclusive right.
The Copyright Act recognises several limiting provisions (Art. 19 to 28 and Art. 11 para. 3) which serve the various needs of the general public (list in accordance with Hilty, Urheberrecht, 2011, 191 et seq.):
- 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.
FAQ
Generally, no. Most countries apply the law of the country in which the protection is claimed (“the lex loci protectionis principle"); usually this is the country in which the work is used. However, some countries apply the law of the country where the work originated for the whole litigation process or to address certain questions (e.g. to determine the holder of the rights). Consequently, the answer will depend on the actual case, the country in which the proceedings are initiated and the applicable law as dictated by the private international law of the country in question.
