6.2.1-2 When can I request compensation?

The claimant must fulfil the conditions required by Art. 41 SCO. In particular, they must prove the existence of the damage caused by unlawful and culpable conduct, and there must be causal connection between said damage and culpable conduct.

Reducing compensation

The amount of damage will ruled by the judge in the event of an action for damages. Therefore, the judge considers the extent to which there has been a loss as well as the circumstances that also made the claimant responsible. In this case, according to Art. 43...

The good faith of the user

If a work is used in good faith that there is no copyright protection, the liability of the user is in question. E.g. If there any reference to an existing copyright or to an alleged claim from an alleged copyright holder, that is not sufficient to establish that a...