by Andrea Schittino | Oct 7, 2022 | FAQ
No, pursuant to Art. 9 para. 3 CopA a work is only considered to have been published when it is made available to a larger number of people outside the private circle of the author. The study group is a group of students that are closely connected to each other in...
by Andrea Schittino | Oct 7, 2022 | To consider
In many cases, it will be impossible to publish a work for the first time without the help of third parties, e.g. PhD students who cannot publish their PhD thesis without the help of a publishing house. However, the right of first publication as such cannot be...
by Andrea Schittino | Sep 29, 2022 | FAQ
No, because the moral right cannot be separated from the author, as it is only through the creative input of the author that a unique creative work is produced. This inseparability is precisely why the author’s moral right cannot be assigned to a third...
by Andrea Schittino | Sep 29, 2022 | FAQ
No, the university does not have any copyrights and thus also has no right to publish the work (reproduce it and make it available). According to its regulations, it would only have the right to do this if the students’ photos were taken ‘as part of...
by Andrea Schittino | Sep 29, 2022 | FAQ
No, the school does not have any copyrights in the works as the pupils did not assign the copyrights to the school. The school must obtain separate declarations of consent from the pupils or from their parents if the pupils are not of age.
by Andrea Schittino | Sep 29, 2022 | To consider
Google docs linkWhen it comes to authorship, it is irrelevant whether the creator of a work is a minor or an adult. Minors can also be authors of a work and acquire original copyrights. This is not the same as an agreement to assign the copyrights, which by law is a...
by Andrea Schittino | Sep 29, 2022 | FAQ
No, the school does not have any copyrights in the article. Even if the teacher had assigned their copyrights to the school under the employment contract or the school’s regulations, the assignment does not apply to works that they create during their free...
by Andrea Schittino | Sep 29, 2022 | FAQ
No, the copyrights (in this case, the right of reproduction and publication) are not owned only by the lecturer, but in accordance with the above legal provision, also by the canton. The lecturer must first obtain the consent of the canton, represented by their line...
by Andrea Schittino | Sep 29, 2022 | Good to know
The assignment of their copyrights can be problematic for a teacher at an educational institution if the teacher would like to enter into a publishing contract with a publishing house for the publication of an article, but has also assigned the copyrights in the work...
by Andrea Schittino | Sep 29, 2022 | FAQ
Not generally – only the original author (i.e. the employee) has the right to make alterations (the exclusive right to decide whether, when and how the work may be altered) pursuant to Art. 11 para. 1 (a) CopA. It depends whether this is a marginal and reasonable...
