by iv4n.p4v1c | Oct 20, 2022 | FAQ
Any act which infringes the exclusive rights of the copyright owner is illegal if it has not been authorised or is not a limiting provision to copyright. Therefore, this infringement must be caused with culpability, which is expressed in negligent or wilful...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
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.
by iv4n.p4v1c | Oct 20, 2022 | FAQ
Yes, disseminating (renting out) DVDs before a new film has been released or while it is being played in cinemas for the first time is not admissible (infringement of Art. 12 Para. 1bis CopA). This constitutes unlawful and culpable conduct. The damage suffered due to...
by iv4n.p4v1c | Oct 20, 2022 | To consider
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...
by iv4n.p4v1c | Oct 20, 2022 | To consider
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...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
The person asking the court to remedy the infringement of their copyright (Art. 62 Para. 1 (b) CopA) can request that compensation be awarded for all the damages they have suffered as a result of the violation (Art. 41 et. seq. SCO).
by iv4n.p4v1c | Oct 20, 2022 | FAQ
In addition to actions for prohibition (Art. 62 Para. 1 (a) CopA), remedying an existing infringement (Art. 62 Para. 1 (b) CopA) and for providing information (Art. 62 Para. 1 (c) CopA), which aim to limit/remedy the infringement, the following actions also aim to...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
In order to ensure that the court order is properly implemented as soon as possible, the best course of action is to request that a threat of enforcement is issued with the verdict based on Art. 292 SCC, which stipulates that a criminal penalty may be enforced if...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
The request to the court must be as precise as possible with regard to the situation described and the conclusions drawn (cf. BGE 97 II 92). For example, it can request the court to prohibit or remedy an illegal act or force the defendant to respect the authorship of...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
The accomplice is the person who performs and responds to the instigator’s request. The accomplice here, for example, would be the university webmaster who publishes an entire book scanned by the professor on the university website at the latter’s request.