by iv4n.p4v1c | Sep 29, 2022 | Good to know
Special provisions can be included in the employment contract for employees who work in a field in which they often produce creative works (e.g. media, legal sector, art industry). Unfortunately, such contracts are not always clear or might not include any written...
by iv4n.p4v1c | Sep 29, 2022 | FAQ
Licences are generally granted under a contractual agreement (licence agreement) between the licensor (author or an owner of rights) and the user (licensee). The contract determines the rights of use and their scope granted to the licensee by the licensor. Basically,...
by iv4n.p4v1c | Sep 29, 2022 | FAQ
Often publishing houses or collective rights management organisations grant licences rather than the author. Third parties are also entitled to grant licences if they have been authorised to do so. To this end, the author must have assigned or granted them the...
by iv4n.p4v1c | Sep 29, 2022 | FAQ
When publishing a book, an anthology or a monograph, the author may not publish the work elsewhere, as long as the editions to which the publisher is entitled have not yet been exhausted (art. 382 para. 1 CO) This can be a problem if a publication should not only be...
by iv4n.p4v1c | Sep 29, 2022 | FAQ
No, the publishing contract is governed by Art. 380 et seq. SCC.
by iv4n.p4v1c | Sep 29, 2022 | FAQ
Authors who wish to assign all or part of their rights to third parties must sign a contract. The contract should set out the exact content and scope of the assignment of rights, because only the rights that were agreed are assigned. For reasons of clarity and proof,...
by iv4n.p4v1c | Sep 29, 2022 | To consider
For reasons of clarity and proof, authors of a work who wish to assign their rights in this work should always conclude a written contract (signed by both parties).
by iv4n.p4v1c | Sep 29, 2022 | FAQ
No, for several reasons: the heirs still own the copyrights in the artist’s works as the copyrights were not assigned with the ownership acquired as a gift. If the library wants to use the works for an exhibition, it needs the consent of the heirs. The...
by iv4n.p4v1c | Sep 29, 2022 | FAQ
Users must find out who the owner of rights is. The owner of rights can also be someone other than the original author. Users who wish to use a protected work must obtain the consent of the owner of rights, unless usage is covered by the limiting...
by iv4n.p4v1c | Sep 29, 2022 | FAQ
Authors must decide beforehand (before they sign any contract regarding the assignment of rights) if they wish to give up any right(s) and assign their legal position to other persons or if they only wish to give/assign the permission to use the work for specific...
