2.5-5 An e-learning platform is constructed according to the ideas and structures invented by its developers. A lecturer would now like to use this structure for his teaching. May the lecturer do so without the consent of the platform developers?

Yes and no. The e-learning platform is a database and therefore a collected work pursuant to Art. 4 CopA. It is protected with regard to the selection and arrangement of the content (data) when this can be viewed as an intellectual creation with individual content....

Databases

Data or other information is collected in databases, then methodically or systematically organised and made available through electronic devices. In Swiss copyright law, databases fall under the category of collected works. As specified in Art. 4 para. 1 CopA, they...

Required consent

Pursuant to Art. 4 para. 2 CopA, works included in a collected work may be protected individually. Thus, if individual works from the collection fall under the protection of the Copyright Act, they do not lose this when they are compiled into a collection. People...

Required consent

Pursuant to Art. 3 para. 4 CopA, the protection of the works used in the derivative work remains reserved. If the original work enjoys copyright protection, it does not lose this when a derivative work is created from it. This means that the consent of the author...