by iv4n.p4v1c | Oct 20, 2022 | Good to know
The right of integrity does not cover minor technical processing such as recording the work in a different format. However, be aware that this type of act is subject to the exclusive right of reproduction and therefore requires permission.
by iv4n.p4v1c | Oct 20, 2022 | Good to know
The issue of changing a work applies both to the original and any copies of that work. This means the question of who owns the original work actually matters very little.
by iv4n.p4v1c | Oct 20, 2022 | FAQ
There is no specific legal framework for social media. This means the author retains their right of paternity of the work and you have to mention the author when they have chosen not to remain anonymous. If the work is referenced via a quotation, you need to do some...
by iv4n.p4v1c | Oct 20, 2022 | Good to know
The specific way in which social media function leaves users open to breaching the right of paternity. In fact, publishing a work without the right to do so and without mentioning the same of its author is a violation of Art. 9 CopA. Any subsequent users will...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
Forfeiture can only be ordered by a court at the end of proceedings. However, in urgent cases, the criminal court magistrate or the police can order the sequestration of goods under the conditions given during the proceedings, or as soon as they begin.
by iv4n.p4v1c | Oct 20, 2022 | FAQ
The Swiss Criminal Code stipulates that the court can order the forfeiture of objects that have been used or were intended to be used for the commission of an offence or that have been produced as a result of the commission of an offence, unless the assets are passed...
by iv4n.p4v1c | Oct 20, 2022 | To consider
In order to respect the principle of proportionality and, in particular, the rights of the owner of the building in cases involving works of architecture, once created, the works cannot be forfeited. This means that if a copyright infringement is suspected with regard...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
Any person who intentionally omits to indicate the source used where required by statute and where the author is named therein, and to provide the name of the source is liable to a fine on the complaint of the person whose rights have been infringed (Art. 68 CopA)....
by iv4n.p4v1c | Oct 20, 2022 | FAQ
The criminal offences mentioned in Art. 67 Para. 1 CopA are prosecuted ex officio if they were committed for commercial gain (Art. 67 Para 2 CopA), i.e. as soon as the prosecuting authority becomes aware of the offence and without waiting for the injured party to file...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
A person acts for commercial gain depending on “the time and resources he dedicates to the criminal actions, the frequency of the acts within a given period of time, his anticipated or actual income and whether he committed the illegal activity as his profession,...
