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5.2.2-7 May a professor make a collection of particular articles, e-books, etc. (digital reserve list) available to his students on his homepage?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

Yes, as long as he limits the access to the digital reserve list to his students in the case of the use of third-party works (password) and takes the scope of the work into consideration, depending on the type of work. The professor may make his own works freely...

5.2.2-6 Is a local library allowed to tape films on television and make these available for borrowing in the library?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, as this is not covered by private use in the personal sphere or in a private circle, nor by private use for educational purposes, nor by professional use (Art. 19 para. 1(a, b and c) CopA).

5.2.2-5 May the media library of a music school make complete copies of CDs and DVDs and lend them to its lecturers and students?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, without the consent of the author or the owner of rights only incomplete copies of CDs and DVDs may be copied for private use for educational purposes (Art. 19 para. 1 (b) in conjunction with Art. 19 para. 3(a) CopA). Excerpts are therefore permitted. The...

5.2.2-4 Is a school library allowed to tape films on television and make these available for use in the library?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

Pursuant to Joint Tariff 7 sect. 7.4., complete radio and television programmes may be saved and archived on an internal password-protected school platform and then made available to the employees of the educational institution within the scope of private use for...

5.2.2-3 If PhD students take part in a conference, is this considered to be ‘an educational context’?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, although PhD students can also belong to the circle of people in an ‘educational context’, a public conference is not a related teaching event for which a work can be used.

5.2.2-2 Does a film shown during a school camp one evening to entertain the pupils fall under ‘educational use’?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, this does not serve an educational purpose.

5.2.2-1 There must be an ‘educational context or an educational use’ for someone to be able to invoke private use for educational purposes. When is this the case?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

The law speaks of ‘educational purposes’, i.e. when a teacher would like to use a work for teaching purposes. However, ‘teaching’ does not refer to traditional school teaching in the classroom or in class groups. Instead, it includes every event in an educational...

5.2.1-9 What does complete or near to complete copying mean pursuant to Art. 19 para. 3(a) CopA, or what does incomplete copying mean?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

The jurisdiction in Switzerland is not uniform in this regard. According to the Civil Court of Basel, incomplete is understood to mean a maximum of 75% of a commercially available work (Civil Court of Basel-Stadt dated 19.06.2002 in sic! 2003, 217) while the...

5.2.1-8 May I copy complete textbooks for my fellow students?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, complete copies are not permitted outside the scope of private use in the personal sphere or in a private circle (Art. 19 para. 3(a) CopA). ‘All fellow students’ goes beyond the scope of the private area, which consists of a circle of persons who are closely...

5.2.1-7 May works from a private estate or similar non-public source be used?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, generally not. Copyrighted works may only be used when they have been published. A work is considered to have been published when the author makes his work available to a larger number of people outside his personal circle and can no longer exercise any control...
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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.

About

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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The team of legal experts working for the Center will be more than happy to answer your questions personally, by e-mail or phone.

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