by iv4n.p4v1c | Oct 13, 2022 | FAQ
Yes, the downloading of works from an Internet exchange market for private use in the personal sphere or in a private circle (Art. 19 para. 1(a) CopA) is permitted under Swiss copyright law as long as the works which are offered in the Internet exchange market have...
by iv4n.p4v1c | Oct 13, 2022 | FAQ
Musical scores which are no longer protected by copyright because the author has been dead for more than 70 years are considered to be in the public domain and may be used freely. However according to the information sheet of the collecting society SUISA, this cannot...
by iv4n.p4v1c | Oct 13, 2022 | Good to know
What is the permitted scope and the remuneration (Art. 20 CopA) of legal downloads, e.g. via iTunes (Art. 19 para. 3(a) CopA)? Downloading is an act of copying that is legally bound to the counter exceptions specified in Art. 19 para. 3 CopA if it is done outside of...
by iv4n.p4v1c | Oct 13, 2022 | Good to know
(Art. 19 para. 3(a) CopA)The term ‘commercially available’ originates from a pre-digital time when books and records were sold in bookshops and similar businesses and when it was not possible to purchase individual songs, articles or images over the Internet. Thus, a...
by iv4n.p4v1c | Oct 7, 2022 | Good to know
International law (Art. 9 para. 2 Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), Art. 13 Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS), Art. 10 WIPO Copyright Treaty (WCT), Art. 16 para. 2 WIPO...
by iv4n.p4v1c | Oct 7, 2022 | FAQ
No, the sending of copies abroad is not covered by the Joint Tariffs. In individual cases, the consent of the owner of rights would be required.Special case: the sending of a copy of a licensed work (e.g. article from a scientific e-journal) can also be permitted...
by iv4n.p4v1c | Oct 7, 2022 | FAQ
Yes, when this company and the intended purpose pursuant to Art. 19 para. 1(c) CopA fall under professional use.
by iv4n.p4v1c | Oct 7, 2022 | To consider
The limitations with regard to the permitted scope of the copying pursuant to Art. 19 para. 3 CopA or the Joint Tariffs must be respected, and the third party owes remuneration pursuant to Art. 20 CopA.
by iv4n.p4v1c | Oct 7, 2022 | To consider
The third party (i.e. library, copy shop) may only make copies that the user has requested lawfully within the scope of the private use pursuant to Art. 19 para.1 CopA. Third parties are not permitted to stockpile copies (BGE 128 IV 213).
by iv4n.p4v1c | Oct 7, 2022 | To consider
In the case of self-copying on photocopiers made available for general public use, users of works no longer have the same entitlements that they would have if they had copied the work on a private photocopier, with a private scanner, a digital camera, etc. They do not...
