6.1.2-4 What should I do if someone is using my photos on a website without my permission?

by Andrea Schittino | Oct 20, 2022 | FAQ

The rights holder must present evidence to the court that the infringement is ongoing (documents or testimonies) to remedy the existing infringement (Art. 62 Para. 1 (b) CopA). It is possible to request the court to order the opposing party to provide information if...

6.1.2-3 What should I do if my copyrights are violated?

by Andrea Schittino | Oct 20, 2022 | FAQ

Any person whose copyright is infringed or threatened has the right to remedy the existing infringement (Art. 62 Para. 1 (b) CopA). The claimant must provide evidence that an infringement is ongoing. In particular, he must provide documentary evidence or testimonies...

6.1.2-2 If I suspect that I may suffer a copyright infringement, when and under which circumstances can I bring it to court?

by Andrea Schittino | Oct 20, 2022 | FAQ

The risk of copyright infringement must be imminent, tangible (a mere abstract speculation is not sufficient) and current (it must exist up to the moment the judgement is issued). The risk is also current if there are clear indications that a copyright infringement is...

6.1.2-1 What can I do if an infringement of my rights is imminent but has not yet been committed?

by Andrea Schittino | Oct 20, 2022 | FAQ

Any person whose copyright is infringed or threatened may request the court to prohibit an imminent infringement (i.e. request the court to order that a certain conduct be stopped).

6.1.1-6 What does “an action for declaratory judgement is subsidiary to other more specific actions” mean?

by Andrea Schittino | Oct 20, 2022 | FAQ

To say that an action for declaratory judgement is subsidiary to other more specific actions means that the victim of a copyright infringement may request the court to simply declare the infringement only if it cannot assert more specific claims against the person who...

6.1.1-5 When can an action for declaratory judgement be brought?

by Andrea Schittino | Oct 20, 2022 | FAQ

An action for declaratory judgement can be brought at any time. However, waiting can create arguments for the opposing party to use, who may consequently attempt to demonstrate tacit acceptance of the infringement in question.

6.1.1-4 Who has the right to bring an action for declaratory judgement?

by Andrea Schittino | Oct 20, 2022 | FAQ

First and foremost, the author, other owners of the copyright (e.g. the editor or exclusive licence holder if the licence agreement does not exclude this) and anyone in general who can demonstrate an interest which merits protection by declaratory judgement. This may...

6.1.1-3 What do you need to demonstrate to bring an action for declaratory judgement?

by Andrea Schittino | Oct 20, 2022 | FAQ

There must be doubt regarding the legal situation between the parties which hinders the affected person in exercising their rights. If this is the case, a court ruling can clarify the situation. The aforementioned doubt must also be unreasonable for the affected...

6.1.1-2 What happens if no evidence is provided in an action for declaratory judgement?

by Andrea Schittino | Oct 20, 2022 | FAQ

If no evidence is given, a court will not be able to validate or refute a claim.

6.1.1-1 What is an action for declaratory judgement and when is it pursued?

by Andrea Schittino | Oct 20, 2022 | FAQ

An action for declaratory judgement aims to establish whether a right exists when an illegal act has been reported (e.g. the failure to respect a copyright). When a rights holder suspects that their rights have been infringed, they can bring an action for declaratory...