Collecting societies – collective exploitation – joint tariffs (JT)

by iv4n.p4v1c | Oct 7, 2022 | Good to know

Collecting societies are associations of owners of original and derivative copyrights (authors, publishers and claimants of related rights, etc.) which protect the individual rights to exploit for the affiliated authors and owners of rights. Therefore, collecting...

What do I need to ask myself when I use a copyright-protected work?

by iv4n.p4v1c | Oct 7, 2022 | To consider

Does the actual use of the work fulfil the condition of a particular limiting provision,is the permitted use of the work subject to particular limitations, and does use of the work obligate the user to pay remuneration, if necessary?

4.2.4-3 May restaurants play radio music in the background without any further arrangements, or may a hotel show television programmes in its lobby?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, this qualifies as making a radio or TV programme publicly perceptible pursuant to Art. 10 para. 2 (e) CopA. Pursuant to Art. 22 para. 1 CopA the restaurant or hotel owner has to contact a collective rights management organisation – for background music or...

4.2.4-2 Putting a TV programme or music online would qualify as what use of a work pursuant to Art. 10 para. 2 CopA?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

Making a work available pursuant to Art. 10 para. 2 (c) CopA.

4.2.4-1 May a broadcasting organisation that wishes to include a third-party work (not produced by itself) in its programme simply broadcast this work without further ado?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, only the author (or the natural person to whom the copyrights have been assigned) has the right pursuant to Art. 10 para. 2 (d) CopA to broadcast the work by radio, television or similar means, including by wire. The broadcasting organisation therefore needs to...

4.2.3-2 May a student upload a video or photo produced by a third party (author) to an Internet portal?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

As it is the exclusive right of the author to make a work available online, the student needs the consent of the author to do this (Art. 10 para. 2 (c) CopA).

4.2.3-1 Does the author of a video or a photo have the right to upload this video or photo to an Internet portal?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

Yes, this is the author’s exclusive right; according to Art. 10 para. 2 (c) CopA authors may make their work perceptible and available in such a way that people may access it at any time and from any place. This can also be done by uploading files (in this case,...

4.2.2-11 Do libraries have to pay remuneration under Art. 13 para. 1 CopA, and if yes, to whom?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

Pursuant to Art. 13 para. 1 CopA, libraries have to pay remuneration if they charge a lending fee. The term lending fee is defined in detail in para. 1.3. and 1.4. of Joint Tariff 6a, offering works for rent in libraries. This agreement was concluded between the...

4.2.2-10 Who must be remunerated pursuant to Art. 13 para. 1 CopA?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

The collective rights management organisations – Art. 13 para. 3 CopA. Only collective rights management organisations are entitled to assert claims for remuneration, not the authors.

4.2.2-9 Are there exceptions to the right to rent pursuant to Art. 13 para. 1 CopA, i.e. rental without an obligation to remunerate the authors or collective rights management organisations?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

Yes, these are governed by Art. 13 para. 2 CopA, according to which no remuneration has to be paid for: works of architecture;copies of works of applied art, andif the rental company and a user concluded a contract regarding the use of the copyrights (e.g....