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4.2.5-6 Can I apply the Swiss second publication right if I am a French researcher working for  a Swiss university and have a publishing contract with an English publisher?

by marazzas | Aug 8, 2023 | FAQ

No. You can apply the Swiss second publication right only if the Swiss jurisdiction is defined in the publishing contract.

4.2.5-5 Can I apply the Swiss second publication right, if the governing law defined inside the publishing contract is German?

by marazzas | Aug 8, 2023 | FAQ

No. In this case you should apply the rules of the German second publication right.

4.2.5-4 What happens if the publisher is not in Switzerland?

by marazzas | Aug 8, 2023 | FAQ

If the publisher is not in Switzerland and the governing law defined in the publishing contract is not Swiss, you must apply the rules of the second publication right of the country determined in the contract.

4.2.5-3 May I immediately publish the preprint version?

by marazzas | Aug 8, 2023 | FAQ

Only if this is foreseen by the publishing contract.

4.2.5-2 Is it possible to publish my scientific article immediately as open access?

by marazzas | Aug 8, 2023 | FAQ

You may choose the gold road of open access, which means that the publisher must immediately grant open access to the work. This usually happens in exchange of a publication fee to the publisher.

4.2.5-1 What happens if my contract regarding my scientific article foresees an embargo period of more than 3 months?

by iv4n.p4v1c | Aug 8, 2023 | FAQ

According to art. 382 para. 3 CO you are allowed to re-publish your scientific article already after 3 months from its first publication. However, there has never been a decision by a judge so far, on whether in such a case the contract or the law prevails.

7.4.2.3-4: I want to retweet some content, is that making something available?

by iv4n.p4v1c | Oct 20, 2022 | FAQ

Everything depends on the content in question. Some tweets cannot be considered to be works within the meaning of the CopA. It is actually difficult to establish the individual character of a piece of content in a tweet which is limited to 140 characters. However, you...

7.4.2.3-3: One of my favourite authors has published a work on the Internet which anyone can access. Can I repost it on my Facebook page or do I need to ask for their permission?

by iv4n.p4v1c | Oct 20, 2022 | FAQ

A simple link to the site where the work is hosted is legal as this does not constitute making something available. Putting a copy of a work online on a social network, however, does constitute making something available and is therefore protected by copyright.

7.4.2.3-2: I want to create a WhatsApp group for my students to make it easier to share documents. Does this constitute making something available?

by iv4n.p4v1c | Oct 20, 2022 | FAQ

Yes, by sending your students a work via WhatsApp, you are making the work perceptible to them and that constitutes making something available. When the work is copied to the device of the recipient, this constitutes reproduction. However, this will be authorised on...

7.4.2.3-1: Can I publish a colleague’s article on Wikipedia since the licences are “free”?

by iv4n.p4v1c | Oct 20, 2022 | FAQ

No, the authors of the works contributed to Wikipedia decide to place their works under a CC-BY-SA licence, which allows users to share and modify the works provided they cite their source and place the results under the same licence. Just because you have a copy of...
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Mission

CCdigitallaw is a national Competence Center in Digital Law that supports Swiss Higher Education Institutions (students, academic and administrative staff) in dealing with legal questions related to the digitization process and the use of new media and technologies. To do so, the Center offers various services such as a detailed knowledge base, FAQs, a wide range of on- and offline training activities and an advising service.

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CCdigitallaw is a service provided by the eLearning Lab of the Università della Svizzera italiana and is the result of a project funded within the P-5 programme “Scientific information: access, treatment and safeguarding” of swissuniversities.

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