by Andrea Schittino | 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...
by Andrea Schittino | 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.
by Andrea Schittino | 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...
by Andrea Schittino | 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...
by Andrea Schittino | 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 Andrea Schittino | 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 Andrea Schittino | 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 Andrea Schittino | 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 Andrea Schittino | 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 Andrea Schittino | 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...
