by iv4n.p4v1c | Oct 20, 2022 | FAQ
The instigator is the person who asks for the creation of the work or places the work on the market, which infringes the copyright. For example, this might be a professor who asks the university webmaster to publish an entire, scanned book on a website to share it...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
The action is brought against anyone who participated in the infringement, i.e. the main person(s) responsible for the illegal act and any instigators and accomplices.
by iv4n.p4v1c | Oct 20, 2022 | FAQ
If the copyright belongs to more than one person, each joint author may take legal action independently for infringements but may only ask for relief if it benefits all the other joint authors (Art. 7 Para. 3 CopA).
by iv4n.p4v1c | Oct 20, 2022 | FAQ
The copyright owner cannot exercise any rights other than those granted by the author. For example, if the author grants an editor the copyright to a document on a non-exclusive basis for the sole purpose of publishing the work as an article in a printed magazine,...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
Any natural or legal owner of the copyrights in question. Therefore, this may be the author but also any third-party assignees of the copyright, in particular collective rights assignment organisations which have been granted certain rights.
by iv4n.p4v1c | Oct 20, 2022 | To consider
If the copyright belongs to more than one person, each joint author may take legal action independently for infringements of this copyright but may only ask for relief if it benefits all the other joint authors (Art. 7 Para. 3 CopA).
by iv4n.p4v1c | Oct 20, 2022 | FAQ
A request for information (Art. 62 para. 1 (c) CopA) can be made whenever it becomes necessary for the claimant’s defence to establish the infringement of his rights or the scope of the infringement, or in order to calculate the damage caused.
by iv4n.p4v1c | Oct 20, 2022 | FAQ
The rights holder must present evidence to the court that the infringement is ongoing (documents or testimonies) to remedy the existing infringement (Art. 62 Para. 1 (b) CopA). It is possible to request the court to order the opposing party to provide information if...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
Any person whose copyright is infringed or threatened has the right to remedy the existing infringement (Art. 62 Para. 1 (b) CopA). The claimant must provide evidence that an infringement is ongoing. In particular, he must provide documentary evidence or testimonies...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
The risk of copyright infringement must be imminent, tangible (a mere abstract speculation is not sufficient) and current (it must exist up to the moment the judgement is issued). The risk is also current if there are clear indications that a copyright infringement is...
