3.1-3 For a project, magazine articles should be digitised and indexed by applying the principles of computational linguistics (a software ‘reads’ the words in the articles to collect and analyse text data). Does this qualify as perception of a work?

by Andrea Schittino | Sep 29, 2022 | FAQ

No, perception of a work only means that a natural person (human being) is taking notice of a work (in this case reading a work), not a computer.

3.1-2 A writer is mandated to write the biography of a prominent politician. However, the prominent politician is described in the book as the author who wrote the biography (“ghostwriter”). Who is the author of the biography?

by Andrea Schittino | Sep 29, 2022 | FAQ

The writer is the author. This person created the work.

3.1-1 A student is working on their master’s thesis. Does the university automatically acquire the copyright in the master’s thesis?

by Andrea Schittino | Sep 29, 2022 | FAQ

No, the copyright can only originate with the student.

Perception of a work

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

‘Perception of a work’ simply means to take notice of a work, i.e. reading, looking at, listening to a work, etc. (Hilty, Urheberrecht, 2011, 128). This is always permitted.

Other parties involved in copyright

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

Logically, copyright does not only address the author. Several parties have an interest in a created work: The author creates the work and possibly also wants to be paid for their work;Agents who are known as mediators of copyrighted work help authors to make their...

2.6.4-3 May a library copy and put a newspaper online which was published 50 years ago if the publisher has gone bankrupt?

by Andrea Schittino | Sep 29, 2022 | FAQ

Caution is advised here. The author principally has the exclusive right to put the work online and must give their consent. However, a newspaper can be digitised and put online without the author’s consent if the copyrights in the newspaper have expired. This is...

2.6.4-2 When does the term of protection of a newspaper end? When does the term of protection of an individual article in a newspaper end?

by Andrea Schittino | Sep 29, 2022 | FAQ

As it usually consists of several works (articles, images, etc.) which fulfil the conditions of a copyright-protected work based on the selection of the work contained therein or their special arrangement (Art. 2 Para. 1 in conjunction with Art. 4 Para. 1...

2.6.4-1 When does the term of protection end on works which are transferred to someone (e.g. to the publisher)?

by Andrea Schittino | Sep 29, 2022 | FAQ

The copyright term of protection is only calculated on the basis of the date of death of the original author and not on that of the owner of rights to whom the copyright was transferred.

Memory protection – protection of privacy for works in the public domain

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

Under Swiss law, the personality right is lost with the death of the person in question; as an exception to this, the moral right of the author is lost 70 years (50 years in the case of computer programs) after their death. How does this now apply to a photograph of a...

2.6.3-1 Gottfried Keller died on 15 July 1890. How is the term of protection of his works calculated?

by Andrea Schittino | Sep 29, 2022 | FAQ

As Gottfried Keller’s date of death is known, his work is protected for up to 70 years after his death (Art. 29 Para. 2 CopA); this means his work was protected until 1960. As the term of protection does not take the exact day of the death of the author as its...