1.2-3 A physics teacher wants to use some third-party content (e.g. a chart) which is probably protected by copyright and decides to use it in the lesson he is preparing. Which law applies to the use of this content?

by | Sep 23, 2022 | FAQ

To answer this question, we need to ask where the content is being used. If the content is being used in Switzerland, Swiss copyright law will apply. This is also the case if the teacher includes the third-party content in a PowerPoint presentation, which he prints...

1.2-2 A Cambodian artist creates a sculpture to stand in front of the University of Lucerne. The university would like to replace the photo in its brochures with one that includes the sculpture. Should Cambodian or Swiss law apply in this situation?

by | Sep 23, 2022 | FAQ

As the work is being used in Switzerland, Article 110 of the IPLA indicates that Swiss law is applicable. The nationality of the artist is not a decisive factor here, because the IPLA and the Swiss Copyright Act do not distinguish between Swiss nationals and foreign...

Different interpretations of the Berne Convention

by | Aug 26, 2022 | Good to know

Article 5 of the Berne Convention stipulates that each signatory state must grant the nationals of other member states the same rights within its territory as its own nationals (Article 5.1) and that this protection is governed exclusively by the law of the country...

International law is law at national level

by | Aug 26, 2022 | To consider

The question of determining which law applies is governed by international private law. However, contrary to what the name might imply, this is not an international but a national law. Thus determining the international private law that is applicable is the first...