4.2.2-11 Do libraries have to pay remuneration under Art. 13 para. 1 CopA, and if yes, to whom?

by Andrea Schittino | Oct 7, 2022 | FAQ

Pursuant to Art. 13 para. 1 CopA, libraries have to pay remuneration if they charge a lending fee. The term lending fee is defined in detail in para. 1.3. and 1.4. of Joint Tariff 6a, offering works for rent in libraries. This agreement was concluded between the...

4.2.2-10 Who must be remunerated pursuant to Art. 13 para. 1 CopA?

by Andrea Schittino | Oct 7, 2022 | FAQ

The collective rights management organisations – Art. 13 para. 3 CopA. Only collective rights management organisations are entitled to assert claims for remuneration, not the authors.

4.2.2-9 Are there exceptions to the right to rent pursuant to Art. 13 para. 1 CopA, i.e. rental without an obligation to remunerate the authors or collective rights management organisations?

by Andrea Schittino | Oct 7, 2022 | FAQ

Yes, these are governed by Art. 13 para. 2 CopA, according to which no remuneration has to be paid for: works of architecture;copies of works of applied art, andif the rental company and a user concluded a contract regarding the use of the copyrights (e.g....

4.2.2-8 Does Art. 13 para. 1 CopA (rental of copies of literary and artistic works) also apply to data made available on the Internet?

by Andrea Schittino | Oct 7, 2022 | FAQ

No, it only applies to physical objects. Only physical objects can be ‘made available for a fee’ pursuant to Art. 13 para. 1 CopA.

4.2.2-7 Where in copyright law is this difference between renting and lending important?

by Andrea Schittino | Oct 7, 2022 | FAQ

With regard to the obligation to pay compensation for the rental of copies of literary and artistic works, Art. 13 para. 1 CopA.

4.2.2-6 When is a book rented, and when is it lent to someone?

by Andrea Schittino | Oct 7, 2022 | FAQ

In both cases, a book is given to someone else for a certain period, and this natural person has to return the book after this period. If the book is rented, the person who rents the book must pay a fee for the use of the book. However, if someone only lends the book,...

4.2.2-5 Does the principle of exhaustion also apply if the author published their work for the first time abroad or for the foreign market?

by Andrea Schittino | Oct 7, 2022 | FAQ

Yes, international exhaustion applies. Pursuant to Swiss copyright law, the legitimate buyer of a copy of a work may then freely resell or otherwise distribute this copy (for more detail, cf. BGE 124 III 321 et seq.).

4.2.2-4 May a legitimate buyer of a black-and-white photo convert this photo into a colour photo and justify this action with the principle of exhaustion?

by Andrea Schittino | Oct 7, 2022 | FAQ

No. Although the buyer became the owner of the photo, the conversion of the photo is an alteration pursuant to Art. 11 para. 2 CopA. Only the author may make alterations; it is the moral right of the author. This right is not affected by the principle of...

4.2.2-3 A photo given by an author to a third party is marked with ‘not for further use. May this photo be sold to someone else by the third party?

by Andrea Schittino | Oct 7, 2022 | FAQ

Generally speaking, such a notice on a copy of a work is irrelevant because of the principle of exhaustion and the limiting provisions. This is different if the photo has not yet been published for the first time by the author and if the author gave the photo to the...

4.2.2-2 Does the principle of exhaustion pursuant to Art. 12 para. 1 CopA apply if a copy of a work produced without any authorisation (‘piracy’) is sold?

by Andrea Schittino | Oct 7, 2022 | FAQ

No, a work may only be freely resold or used in any other way if authors sell the work themselves or allow another person to sell the work. This does not apply here (cf. Barrelet/Egloff, Urheberrecht, 3rd edition, 2008, Art. 12 N. 9).