5.2.2-6 Is a local library allowed to tape films on television and make these available for borrowing in the library?

by Andrea Schittino | Oct 7, 2022 | FAQ

No, as this is not covered by private use in the personal sphere or in a private circle, nor by private use for educational purposes, nor by professional use (Art. 19 para. 1(a, b and c) CopA).

5.2.2-5 May the media library of a music school make complete copies of CDs and DVDs and lend them to its lecturers and students?

by Andrea Schittino | Oct 7, 2022 | FAQ

No, without the consent of the author or the owner of rights only incomplete copies of CDs and DVDs may be copied for private use for educational purposes (Art. 19 para. 1 (b) in conjunction with Art. 19 para. 3(a) CopA). Excerpts are therefore permitted. The...

5.2.2-4 Is a school library allowed to tape films on television and make these available for use in the library?

by Andrea Schittino | Oct 7, 2022 | FAQ

Pursuant to Joint Tariff 7 sect. 7.4., complete radio and television programmes may be saved and archived on an internal password-protected school platform and then made available to the employees of the educational institution within the scope of private use for...

5.2.2-3 If PhD students take part in a conference, is this considered to be ‘an educational context’?

by Andrea Schittino | Oct 7, 2022 | FAQ

No, although PhD students can also belong to the circle of people in an ‘educational context’, a public conference is not a related teaching event for which a work can be used.

5.2.2-2 Does a film shown during a school camp one evening to entertain the pupils fall under ‘educational use’?

by Andrea Schittino | Oct 7, 2022 | FAQ

No, this does not serve an educational purpose.

5.2.2-1 There must be an ‘educational context or an educational use’ for someone to be able to invoke private use for educational purposes. When is this the case?

by Andrea Schittino | Oct 7, 2022 | FAQ

The law speaks of ‘educational purposes’, i.e. when a teacher would like to use a work for teaching purposes. However, ‘teaching’ does not refer to traditional school teaching in the classroom or in class groups. Instead, it includes every event in an educational...

Joint Tariff JT 7 substantiates private use for educational purposes

by Andrea Schittino | Oct 7, 2022 | Good to know

The rather antiquated legal wording in Art. 19 para. 1(b) CopA,‘Use of a work by a teacher’, does not clarify who exactly is privileged by the limiting provision of private use for educational purposes. The circle of users actually includes many more people than just...

Private use for educational purposes is a statutory licence

by Andrea Schittino | Oct 7, 2022 | To consider

Therefore, the user does not require anyone’s consent to use the work. However, use pursuant to JT 7 must be remunerated (Art. 19 para. 1(b) in conjunction with Art. 20 para. 2 CopA). The remuneration is paid in a lump sum via the Swiss Conference of Cantonal...

5.2.1-9 What does complete or near to complete copying mean pursuant to Art. 19 para. 3(a) CopA, or what does incomplete copying mean?

by Andrea Schittino | Oct 7, 2022 | FAQ

The jurisdiction in Switzerland is not uniform in this regard. According to the Civil Court of Basel, incomplete is understood to mean a maximum of 75% of a commercially available work (Civil Court of Basel-Stadt dated 19.06.2002 in sic! 2003, 217) while the...

5.2.1-8 May I copy complete textbooks for my fellow students?

by Andrea Schittino | Oct 7, 2022 | FAQ

No, complete copies are not permitted outside the scope of private use in the personal sphere or in a private circle (Art. 19 para. 3(a) CopA). ‘All fellow students’ goes beyond the scope of the private area, which consists of a circle of persons who are closely...