by iv4n.p4v1c | Oct 7, 2022 | FAQ
No, although PhD students can also belong to the circle of people in an ‘educational context’, a public conference is not a related teaching event for which a work can be used.
by iv4n.p4v1c | Oct 7, 2022 | FAQ
No, this does not serve an educational purpose.
by iv4n.p4v1c | Oct 7, 2022 | FAQ
The law speaks of ‘educational purposes’, i.e. when a teacher would like to use a work for teaching purposes. However, ‘teaching’ does not refer to traditional school teaching in the classroom or in class groups. Instead, it includes every event in an educational...
by iv4n.p4v1c | Oct 7, 2022 | Good to know
The rather antiquated legal wording in Art. 19 para. 1(b) CopA,‘Use of a work by a teacher’, does not clarify who exactly is privileged by the limiting provision of private use for educational purposes. The circle of users actually includes many more people than just...
by iv4n.p4v1c | Oct 7, 2022 | To consider
Therefore, the user does not require anyone’s consent to use the work. However, use pursuant to JT 7 must be remunerated (Art. 19 para. 1(b) in conjunction with Art. 20 para. 2 CopA). The remuneration is paid in a lump sum via the Swiss Conference of Cantonal...
by iv4n.p4v1c | Oct 7, 2022 | FAQ
The jurisdiction in Switzerland is not uniform in this regard. According to the Civil Court of Basel, incomplete is understood to mean a maximum of 75% of a commercially available work (Civil Court of Basel-Stadt dated 19.06.2002 in sic! 2003, 217) while the...
by iv4n.p4v1c | Oct 7, 2022 | FAQ
No, complete copies are not permitted outside the scope of private use in the personal sphere or in a private circle (Art. 19 para. 3(a) CopA). ‘All fellow students’ goes beyond the scope of the private area, which consists of a circle of persons who are closely...
by iv4n.p4v1c | Oct 7, 2022 | FAQ
No, generally not. Copyrighted works may only be used when they have been published. A work is considered to have been published when the author makes his work available to a larger number of people outside his personal circle and can no longer exercise any control...
by iv4n.p4v1c | Oct 7, 2022 | FAQ
Yes, published works may be copied for strictly private use (private use in the personal sphere or in a private circle for oneself and for closely connected people such as friends and relatives). You do not require the author’s consent to do so. If the copies...
by iv4n.p4v1c | Oct 7, 2022 | FAQ
Generally speaking, no, because the ‘personal area’ also necessitates that there be a close personal relationship between the people concerned. This is not the case with work colleagues or fellow students. However, something else can result when particular work...
