by Andrea Schittino | Oct 7, 2022 | FAQ
Yes, if a work is changed to the extent that it contains new creative contents, it is considered to be an adaption in the sense that it is derivative work (Art. 3 para. 1 CopA). However, if the work is edited without any creative quality, this is considered to be an...
by Andrea Schittino | Oct 7, 2022 | FAQ
Yes, for building structures, Art. 12 para. 3 CopA: Works of architecture that have been constructed may be altered by the owner. However, the authors can oppose any distortion of their work that infringes their personality.
by Andrea Schittino | Oct 7, 2022 | FAQ
No, ownership does not change the fact that the artist remains the author of the work and has the exclusive right to make alterations to the work pursuant to Art. 11 para. 2 CopA. The situation would be different if the artist had expressly permitted me to...
by Andrea Schittino | Oct 7, 2022 | FAQ
No, straightforward digitisation is a simple technical conversion, not an alteration. However, this qualifies as reproduction pursuant to Art. 10 para. 2 (a) CopA, which may not be done without the consent of the author or the owner of the rights, except if one...
by Andrea Schittino | Oct 7, 2022 | Good to know
If third parties have acquired the ownership (Art. 641 SCC) of a protected work (e.g. someone bought a painting by Artist X), they may have become the owner of the work, but they do not have “carte blanche” to do anything they want with the work. They are bound by...
by Andrea Schittino | Oct 7, 2022 | FAQ
Yes. Where the source indicates the author’s designation, the author’s name must also be cited, Art. 25 para. 2 CopA. It should be noted that quotations are not only governed by copyright law; it is also good scientific practice to provide correct...
by Andrea Schittino | Oct 7, 2022 | Good to know
Ghostwriters are writers (and thus authors) of a work (e.g. an autobiography or a speech). They do not identify themselves as the author, but write the work on behalf of someone else (e.g. a politician), in whose name the work is published. This is legally permitted...
by Andrea Schittino | Oct 7, 2022 | FAQ
No, a work that has been published cannot be revoked.
by Andrea Schittino | Oct 7, 2022 | FAQ
The doctoral student – only the author has the right to decide whether, when, how and under what author’s designation the work is published for the first time. She cannot assign the right of initial publication to the publishing house, as this is...
by Andrea Schittino | Oct 7, 2022 | FAQ
This question can unfortunately not be answered with a clear ‘yes’ or ‘no’. According to current trends, one probably has to assume that it was published for the first time as the student makes her homework available to a larger group of...
