by Andrea Schittino | Oct 7, 2022 | FAQ
No, the distribution of works applies to originals as well as copies (cf. Hilty, Urheberrecht, 2011, 135).
by Andrea Schittino | Oct 7, 2022 | Good to know
When renting (i.e. transferring for use in return for payment) copies of literary and artistic works, the effect of Art. 13 CopA on the principle of exhaustion must be considered. According to the principle of exhaustion, the person who is granted ownership of the...
by Andrea Schittino | Oct 7, 2022 | Good to know
In both cases, i.e. rental (Art. 253 SCO) and loan for use (Art. 305 SCO), an item is given to a third party to use with the obligation to return it. The essential difference is that a rental fee is payable when renting an item, but the loan of an item is usually free...
by Andrea Schittino | Oct 7, 2022 | FAQ
Art. 27 CopA – according to this provision, a work permanently situated in a place accessible to the public may be depicted; the depiction may be offered, sold, broadcast or otherwise distributed
by Andrea Schittino | Oct 7, 2022 | FAQ
No, in both cases, a copy of the work is recorded – for analogue photos by the negative (cf. Hilty, Urheberrecht, 2011, 134) and for digital photos by the fact that the photo file is saved.
by Andrea Schittino | Oct 7, 2022 | FAQ
Yes, a photo is a copy of the work.
by Andrea Schittino | Oct 7, 2022 | FAQ
Yes, the template does not necessarily have to be the original; a reproduction (copy) – even an unauthorised copy – can be used as the template (cf. Hilty, Urheberrecht, 2011, 133).
by Andrea Schittino | Oct 7, 2022 | FAQ
Yes, this is reproduction pursuant to Art. 10 para. 2 (a) CopA. Files are called up on the Internet and saved on the computer. A copy of the file (=reproduction) has therefore been made on the computer. Although such files are usually only copied temporarily, e.g. the...
by Andrea Schittino | Oct 7, 2022 | FAQ
The property right comprises the right to use the work and can be assigned partially or in full to third parties. The moral right protects the author’s personal relationship to the work and cannot be assigned. Even if an author assigns the property right in full to a...
by Andrea Schittino | Oct 7, 2022 | FAQ
No, the museum must offer to return the original work to the artist (Art. 15 para. 1 CopA). The museum may only dispose of the work after the artist has refused to take it back.
