5.9-3 Is it possible to take a picture of the sculpture of a famous artist living in New York, while it is transported from the truck to the exposition hall of a Museum in Lugano and publish the picture on my blog?

No, it is not admitted to do so. Art. 27 CopA applies only if the work of art is accessible to the public because of the will of the author. In this case the sculpture is on public ground temporarily because it is transported from a place to another, and not because...

5.9-1 Am I allowed to make a picture of the recently built building LAC (Lugano Arte e Cultura) in Lugano, and produce some nice t-shirts with this picture in order to sell them at the local tourist shops?

Yes you can do that according to art. 27 CopA. The building is protected by copyright, however, as it is placed on public ground and accessible to the public, the exception of art. 27 CopA applies. Under this exception it is also allowed to use the reproduction of the...

5.8-2 An association involved in helping blind people, is making a translation in braille of the most recent novels on the market to sell it to other associations supporting the blinds. Is the association allowed to do so?

Yes, it is possible but only if the translated books are sold to other associations or institutions supporting blind people or directly to the disabled person. Of course, a book translated in braille is deemed useful only to people with disabilities. Therefore, it can...

5.7-1 What is an orphan work pursuant to art. 22b CopA?

“Orphan” works are phonograms or audio-visual fixations which have already been published for the first time (Art. 9 para. 3 CopA), and whose author is unknown or not possible to contact. The work must be included in an archive of an institutional or...

5.6-4 May I quote an unpublished work?

No, only published works may be quoted. However, in individual cases, the justification of the protection of legitimate interests may exist so that the quotation of unpublished works can also be justified. For example, public interest in a dispute with...