by iv4n.p4v1c | Oct 20, 2022 | FAQ
Yes, the existence of a reproduction is not determined by the carrier it is stored on. A copy of the work will be saved in the memory of the computer and on WhatsApp’s remote servers. These two copies are considered to be reproductions. You have to assess whether you...
by iv4n.p4v1c | Oct 20, 2022 | Good to know
Merely publishing a hyperlink to the original source of the work in question does not constitute a reproduction.
by iv4n.p4v1c | Oct 20, 2022 | FAQ
Publishing a work when the author has not given their permission is a violation of their right of disclosure. This is punishable under Art. 67 CopA. The author’s property rights would also be breached.
by iv4n.p4v1c | Oct 20, 2022 | FAQ
A work is deemed to have been disclosed when the author loses control of the group of people who have access to their work. A work which has been published by the author on their home page without any restriction regarding access to the work can be considered to have...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
In accordance with Art. 9 para. 3 CopA, the author must be the one to disclose their work. This provision is violated if parts of a work are published without the author’s knowledge and these parts have an individual character (Art. 2 para. 5 CopA). Beyond this...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
The author has the exclusive right to allow or forbid the modification of their work, whether or not this change is substantial or appropriate. This means you need the author’s permission, even if you think you have only changed minor details which make the photo look...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
Fan fiction is generally classed as a derivative work. Even though derivative works themselves are protected in their own right, the author of the pre-existing work retains their rights and can therefore challenge the publication of a derivative work. It is therefore...
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...
