4.2.2-8 Does Art. 13 para. 1 CopA (rental of copies of literary and artistic works) also apply to data made available on the Internet?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, it only applies to physical objects. Only physical objects can be ‘made available for a fee’ pursuant to Art. 13 para. 1 CopA.

4.2.2-7 Where in copyright law is this difference between renting and lending important?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

With regard to the obligation to pay compensation for the rental of copies of literary and artistic works, Art. 13 para. 1 CopA.

4.2.2-6 When is a book rented, and when is it lent to someone?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

In both cases, a book is given to someone else for a certain period, and this natural person has to return the book after this period. If the book is rented, the person who rents the book must pay a fee for the use of the book. However, if someone only lends the book,...

4.2.2-5 Does the principle of exhaustion also apply if the author published their work for the first time abroad or for the foreign market?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

Yes, international exhaustion applies. Pursuant to Swiss copyright law, the legitimate buyer of a copy of a work may then freely resell or otherwise distribute this copy (for more detail, cf. BGE 124 III 321 et seq.).

4.2.2-4 May a legitimate buyer of a black-and-white photo convert this photo into a colour photo and justify this action with the principle of exhaustion?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No. Although the buyer became the owner of the photo, the conversion of the photo is an alteration pursuant to Art. 11 para. 2 CopA. Only the author may make alterations; it is the moral right of the author. This right is not affected by the principle of...

4.2.2-3 A photo given by an author to a third party is marked with ‘not for further use. May this photo be sold to someone else by the third party?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

Generally speaking, such a notice on a copy of a work is irrelevant because of the principle of exhaustion and the limiting provisions. This is different if the photo has not yet been published for the first time by the author and if the author gave the photo to the...

4.2.2-2 Does the principle of exhaustion pursuant to Art. 12 para. 1 CopA apply if a copy of a work produced without any authorisation (‘piracy’) is sold?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, a work may only be freely resold or used in any other way if authors sell the work themselves or allow another person to sell the work. This does not apply here (cf. Barrelet/Egloff, Urheberrecht, 3rd edition, 2008, Art. 12 N. 9).

4.2.2-1 Does Art. 10 para. 2 (b) CopA only apply to the distribution of originals?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, the distribution of works applies to originals as well as copies (cf. Hilty, Urheberrecht, 2011, 135).

Copies of literary and artistic works

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

When renting (i.e. transferring for use in return for payment) copies of literary and artistic works, the effect of Art. 13 CopA on the principle of exhaustion must be considered. According to the principle of exhaustion, the person who is granted ownership of the...

Rentals and loans

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

In both cases, i.e. rental (Art. 253 SCO) and loan for use (Art. 305 SCO), an item is given to a third party to use with the obligation to return it. The essential difference is that a rental fee is payable when renting an item, but the loan of an item is usually free...