by Andrea Schittino | Sep 29, 2022 | FAQ
Yes and no. An agreement on the assignment of copyrights does not have to be explicit and be concluded in writing. The purpose for which the employee was appointed is important here – in this case, the lawyer was appointed to write Internet articles; the assignment of...
by Andrea Schittino | Sep 29, 2022 | FAQ
No, the right to decide whether, when, how and under what author’s designation a work is published for the first time (right of first publication) pursuant to Art. 9 para. 2 CopA is the moral right of the author and cannot be assigned. However, employees can...
by Andrea Schittino | Sep 29, 2022 | Good to know
Employees are not always the authors if they create a work on the instructions of the employer. If an employer exercises its authority to give directives (Art. 321 d para. 1 SCO) by giving employees specific instructions to create a work, the employees normally do not...
by Andrea Schittino | Sep 29, 2022 | Good to know
Special provisions can be included in the employment contract for employees who work in a field in which they often produce creative works (e.g. media, legal sector, art industry). Unfortunately, such contracts are not always clear or might not include any written...
by Andrea Schittino | Sep 29, 2022 | FAQ
Licences are generally granted under a contractual agreement (licence agreement) between the licensor (author or an owner of rights) and the user (licensee). The contract determines the rights of use and their scope granted to the licensee by the licensor. Basically,...
by Andrea Schittino | Sep 29, 2022 | FAQ
Often publishing houses or collective rights management organisations grant licences rather than the author. Third parties are also entitled to grant licences if they have been authorised to do so. To this end, the author must have assigned or granted them the...
by Andrea Schittino | Sep 29, 2022 | FAQ
When publishing a book, an anthology or a monograph, the author may not publish the work elsewhere, as long as the editions to which the publisher is entitled have not yet been exhausted (art. 382 para. 1 CO) This can be a problem if a publication should not only be...
by Andrea Schittino | Sep 29, 2022 | FAQ
No, the publishing contract is governed by Art. 380 et seq. SCC.
by Andrea Schittino | Sep 29, 2022 | FAQ
Authors who wish to assign all or part of their rights to third parties must sign a contract. The contract should set out the exact content and scope of the assignment of rights, because only the rights that were agreed are assigned. For reasons of clarity and proof,...
by Andrea Schittino | Sep 29, 2022 | To consider
For reasons of clarity and proof, authors of a work who wish to assign their rights in this work should always conclude a written contract (signed by both parties).
