by iv4n.p4v1c | Sep 23, 2022 | Good to know
The law only mentions “artistic and literary creations” in Art. 2 para. 1 CopA. However, the restriction to literature and art is far too narrow and not decisive. For example, scientific works and computer programs can also be protected works without belonging to the...
by iv4n.p4v1c | Sep 23, 2022 | To consider
How do you deal with a copyright symbol©, a watermark, a notice such as “all rights reserved” or with similar markings? Such distinctive signs on works often cause uncertainty as they give the impression that the work is protected by copyright due to these markings....
by iv4n.p4v1c | Sep 23, 2022 | To consider
Copyright is not the only legal aspect which must be considered when you want to use the content of a work. There are other statutory, contractual or ethical regulations which can play a role irrespective of whether a work is protected by copyright or not and whether...
by iv4n.p4v1c | Sep 23, 2022 | FAQ
The lecturer’s blog can be considered as aimed at French and Swiss audiences, which implies that France and Switzerland can be considered as the places where the work can be accessed. While the use of the photo may not cause any problems in Switzerland (here...
by iv4n.p4v1c | Sep 23, 2022 | Good to know
For example, as defined in disputes, French case law has retained the operative factor criteria, i.e. the place the work was published online (Cass., Civ. 1, 30 January 2007, no.03-12354), the place where the damage took place (TGI Paris, chapter 3, section 2,...
by iv4n.p4v1c | Sep 23, 2022 | FAQ
As the translator is transferring her copyrights, the court in Geneva will apply the Swiss international private law (IPLA).This stipulates in Art. 122.1 IPLA that the law of the country of residence of the translator (hence the person that transfers its copyrights)...
by iv4n.p4v1c | Sep 23, 2022 | FAQ
Within the contractual relation between the student and the University Swiss law will be applicable, because the parties used their “contractual autonomy” and chose the applicable law (Art. 116 IPLA). Conversely, in dealings with third persons (not involved in the...
by iv4n.p4v1c | Sep 23, 2022 | Good to know
Contracting parties can always stipulate an alternative clause for resolving conflicts, especially an arbitration clause, making use of a mediator or arbiter who is able to make a fair judgement.
by iv4n.p4v1c | Sep 23, 2022 | FAQ
Generally, no. Most countries apply the law of the country in which the protection is claimed (“the lex loci protectionis principle”); usually this is the country in which the work is used. However, some countries apply the law of the country where the work...
by iv4n.p4v1c | Sep 23, 2022 | To consider
Even in cases where foreign law would be applicable, but the national law provides a mandatory provision in this situation, the competent courts have to apply this provision instead of the applicable foreign law. In Switzerland, this is fixed in Article 18 ILPA. Thus...
