by Andrea Schittino | Oct 20, 2022 | FAQ
In accordance with Art. 9 para. 3 CopA, the author must be the one to disclose their work. This provision is violated if parts of a work are published without the author’s knowledge and these parts have an individual character (Art. 2 para. 5 CopA). Beyond this...
by Andrea Schittino | Oct 20, 2022 | FAQ
The author has the exclusive right to allow or forbid the modification of their work, whether or not this change is substantial or appropriate. This means you need the author’s permission, even if you think you have only changed minor details which make the photo look...
by Andrea Schittino | Oct 20, 2022 | FAQ
Fan fiction is generally classed as a derivative work. Even though derivative works themselves are protected in their own right, the author of the pre-existing work retains their rights and can therefore challenge the publication of a derivative work. It is therefore...
by Andrea Schittino | Oct 20, 2022 | Good to know
The right of integrity does not cover minor technical processing such as recording the work in a different format. However, be aware that this type of act is subject to the exclusive right of reproduction and therefore requires permission.
by Andrea Schittino | Oct 20, 2022 | Good to know
The issue of changing a work applies both to the original and any copies of that work. This means the question of who owns the original work actually matters very little.
by Andrea Schittino | Oct 20, 2022 | FAQ
There is no specific legal framework for social media. This means the author retains their right of paternity of the work and you have to mention the author when they have chosen not to remain anonymous. If the work is referenced via a quotation, you need to do some...
by Andrea Schittino | Oct 20, 2022 | Good to know
The specific way in which social media function leaves users open to breaching the right of paternity. In fact, publishing a work without the right to do so and without mentioning the same of its author is a violation of Art. 9 CopA. Any subsequent users will...
by Andrea Schittino | Oct 20, 2022 | FAQ
Forfeiture can only be ordered by a court at the end of proceedings. However, in urgent cases, the criminal court magistrate or the police can order the sequestration of goods under the conditions given during the proceedings, or as soon as they begin.
by Andrea Schittino | Oct 20, 2022 | FAQ
The Swiss Criminal Code stipulates that the court can order the forfeiture of objects that have been used or were intended to be used for the commission of an offence or that have been produced as a result of the commission of an offence, unless the assets are passed...
by Andrea Schittino | Oct 20, 2022 | To consider
In order to respect the principle of proportionality and, in particular, the rights of the owner of the building in cases involving works of architecture, once created, the works cannot be forfeited. This means that if a copyright infringement is suspected with regard...
