by Andrea Schittino | Oct 20, 2022 | FAQ
It refers to the conduct of a person who has committed a copyright infringement whereby their intent to cause harm, whether directly or indirectly, is assumed. Direct intent describes the situation where the offender knows the consequences of their act will occur, and...
by Andrea Schittino | Oct 20, 2022 | FAQ
A copyright infringement has been committed when someone who does not have authorisation from the rights holder and/or is not acting under a limiting provision: uses a work under a false designation or a designation that differs from that decided by the...
by Andrea Schittino | Oct 20, 2022 | FAQ
Copyright infringements under Art. 67 CopA can be subject to a custodial sentence not exceeding one year or a monetary penalty (payment of a fine).
by Andrea Schittino | Oct 20, 2022 | FAQ
A user cannot make a film black and white without the consent of the rights holder. That would be an infringement of the exclusive rights of the author (Art. 11 Para 1 CopA, Art. 10 Para. 1 (d) CopA). This act would lead to the risk of being taken to court for...
by Andrea Schittino | Oct 20, 2022 | Good to know
According to a decision of the Swiss Federal Supreme Court, the existence of a commercial gain is dependent on “the time and resources that the offender dedicates to the criminal actions, the frequency of the acts within a given period of time, his anticipated or...
by Andrea Schittino | Oct 20, 2022 | Good to know
In general, violations of criminal provisions in copyright law will be prosecuted only by complaint by the injured party. The right of the injured party to initiate a prosecution by bringing a complaint or to end the prosecution by revoking the complaint gives the...
by Andrea Schittino | Oct 20, 2022 | To consider
Unlike civil actions in copyright disputes, where an offender who has committed copyright infringement can be held liable for a negligent act. Criminal offences in copyright are only punishable if they were committed wilfully. But dolus eventualis is sufficient. For...
by Andrea Schittino | Oct 20, 2022 | FAQ
The publication of the judgement can be requested in all media formats or with the publication of the work itself as additional information. The publication usually only contains the judgement and the conclusions in particular. In view of the negative impact on the...
by Andrea Schittino | Oct 20, 2022 | FAQ
No, the payment of the publication costs must be specifically requested as the court will not do this ex officio. The court determines the extent of the publication, paying particular attention to the principle of proportionality. The losing party may be required to...
by Andrea Schittino | Oct 20, 2022 | FAQ
The court may order, at the request of the successful party, that the judgement be published at the expense of the opposing party. The court determines the form and extent of the publication. This right can be granted in whole or in part to the successful party, which...
