The limitations with regard to the permitted scope

by Andrea Schittino | Oct 7, 2022 | To consider

The limitations with regard to the permitted scope of the copying pursuant to Art. 19 para. 3 CopA or the Joint Tariffs must be respected, and the third party owes remuneration pursuant to Art. 20 CopA.

The third party is bound by the user’s request

by Andrea Schittino | Oct 7, 2022 | To consider

The third party (i.e. library, copy shop) may only make copies that the user has requested lawfully within the scope of the private use pursuant to Art. 19 para.1 CopA. Third parties are not permitted to stockpile copies (BGE 128 IV 213).

Scope of copying when self-copying on library photocopiers

by Andrea Schittino | Oct 7, 2022 | To consider

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...

5.2.3-2 Does a research group fall under professional use?

by Andrea Schittino | Oct 7, 2022 | FAQ

Yes, a research group can fall under professional use. It is decisive that the research institution is an institution within the meaning of Art. 19 para. 1(c) CopA. It is irrelevant whether it is a commercial business or a university, or another educational...

5.2.3-1 How does professional use differ from private use in the personal sphere or in a private circle and private use for educational purposes?

by Andrea Schittino | Oct 7, 2022 | FAQ

With regard to the use of a work, while every use is permitted by private use in the personal sphere or in a private circle and by private use for educational purposes, only copying is permitted in the case of professional use (however, with the exception that...

5.2.2-11 May a university lecturer use parts of her research assistant’s still unpublished thesis for her lecture?

by Andrea Schittino | Oct 7, 2022 | FAQ

No, unless the employee consents to this use. Otherwise, only published works may be used for private use, Art. 19 para. 1 p. 1 CopA.

5.2.2-10 May an archive collect newspaper articles on particular topics and make them available to users (in analogue and digital form)? And when does this use fall under Joint Tariff 7?

by Andrea Schittino | Oct 7, 2022 | FAQ

Yes, an archive may collect newspaper articles when it can either invoke private use for educational purposes or professional use. The archive can refer to private use for educational purposes (Art. 19 para. 1(a) CopA) or JT 7 when it is a part of an...

5.2.2-9 May films taped for private use for educational purposes be shown at a school pupils’ party?

by Andrea Schittino | Oct 7, 2022 | FAQ

No, this is not covered by private use for educational purposes pursuant to Art. 19 para. 1(b) CopA, which means that taped films may only be used for teaching (c.f. Joint Tariff 7 in this regard).

5.2.2-8 May a university lecturer commission the university library to make copies of teaching material for his classes?

by Andrea Schittino | Oct 7, 2022 | FAQ

Yes, as long as he himself falls under private use for educational purposes (Art. 19 para. 1(b) CopA); in this case, he may use a third party, a library, to make the copies for him (Art. 19 para. 1(b) in conjunction with Art. 19 para. 2 CopA). However, it means that...

5.2.2-7 May a professor make a collection of particular articles, e-books, etc. (digital reserve list) available to his students on his homepage?

by Andrea Schittino | Oct 7, 2022 | FAQ

Yes, as long as he limits the access to the digital reserve list to his students in the case of the use of third-party works (password) and takes the scope of the work into consideration, depending on the type of work. The professor may make his own works freely...