3.4-4 A library receives an archive of a painter from his heirs. The archive includes the painter’s works and those created by a friend. As the owner of the archive, can the library use all the works for an exhibition without any further ado?

by Andrea Schittino | Sep 29, 2022 | FAQ

No, for several reasons: the heirs still own the copyrights in the artist’s works as the copyrights were not assigned with the ownership acquired as a gift. If the library wants to use the works for an exhibition, it needs the consent of the heirs. The...

3.4-3 What must users always consider?

by Andrea Schittino | Sep 29, 2022 | FAQ

Users must find out who the owner of rights is. The owner of rights can also be someone other than the original author. Users who wish to use a protected work must obtain the consent of the owner of rights, unless usage is covered by the limiting...

3.4-2 What must authors consider when assigning their copyrights?

by Andrea Schittino | Sep 29, 2022 | FAQ

Authors must decide beforehand (before they sign any contract regarding the assignment of rights) if they wish to give up any right(s) and assign their legal position to other persons or if they only wish to give/assign the permission to use the work for specific...

3.4-1 Can authors assign their right to decide whether, when, how and under what author’s designation their work is published for the first time (right of first publication) pursuant to Art. 9 para. 2 CopA to a publishing house?

by Andrea Schittino | Sep 29, 2022 | FAQ

No, the right of first publication is a moral right of the author and cannot be assigned. A publishing house may ‘help’ an author to publish a work, but in practice authors are required to assign their rights of reproduction and publication to the...

Inheritance

by Andrea Schittino | Sep 29, 2022 | Good to know

Copyrights may also be inherited (Art. 16 para. 1 CopA). The heirs can assert their claims after the death of an author.

3.3-2 The archive of a publishing house releases an illustrated book on street festivals whose author is unknown and cannot be determined, for publication. Can the publishing house claim the status of author because it edited or published the work?

by Andrea Schittino | Sep 29, 2022 | FAQ

No, the presumption embodied in Art. 8 para. 2 CopA only applies if the editor or party who published the work knew the author who wished to remain anonymous.

3.3-1 Must authors identify themselves as such on a work?

by Andrea Schittino | Sep 29, 2022 | FAQ

No, authors alone decide whether they wish to disclose their names or remain anonymous; they can also use a pseudonym.

3.2-3 A lecturer has not put anything to paper and asks his assistant to prepare PowerPoint slides for the lecture. The assistant prepares them, using their own ideas and structures, then the lecturer revises the slides. Who is the author of the work?

by Andrea Schittino | Sep 29, 2022 | FAQ

The lecturer and the assistant are joint authors. They have a joint task, i.e. to add the contents of the lecture to a PowerPoint presentation; both the lecturer and the assistant give creative input.

3.2-2 A lecturer wants to prepare a PowerPoint presentation for his class, but does not know how it works. He writes the text on paper and asks an assistant to insert it into PowerPoint without any changes. Is the assistant a joint author of the text?

by Andrea Schittino | Sep 29, 2022 | FAQ

No, the lecturer is the only author. The assistant created the slides as directed by the lecturer and did not give any creative input of their own. The assistant is just the executing person.

3.2-1 Who is the author of a children’s book if one person writes the text and another person creates the illustrations?

by Andrea Schittino | Sep 29, 2022 | FAQ

Both of them are joint authors. They are engaged in a joint creative task – in this case, the creation of a children’s book – and are jointly pursuing this objective.