4.2.2-4 May a legitimate buyer of a black-and-white photo convert this photo into a colour photo and justify this action with the principle of exhaustion?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No. Although the buyer became the owner of the photo, the conversion of the photo is an alteration pursuant to Art. 11 para. 2 CopA. Only the author may make alterations; it is the moral right of the author. This right is not affected by the principle of...

4.2.2-3 A photo given by an author to a third party is marked with ‘not for further use. May this photo be sold to someone else by the third party?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

Generally speaking, such a notice on a copy of a work is irrelevant because of the principle of exhaustion and the limiting provisions. This is different if the photo has not yet been published for the first time by the author and if the author gave the photo to the...

4.2.2-2 Does the principle of exhaustion pursuant to Art. 12 para. 1 CopA apply if a copy of a work produced without any authorisation (‘piracy’) is sold?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, a work may only be freely resold or used in any other way if authors sell the work themselves or allow another person to sell the work. This does not apply here (cf. Barrelet/Egloff, Urheberrecht, 3rd edition, 2008, Art. 12 N. 9).

4.2.2-1 Does Art. 10 para. 2 (b) CopA only apply to the distribution of originals?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, the distribution of works applies to originals as well as copies (cf. Hilty, Urheberrecht, 2011, 135).

4.2.1-5 What provision of the CopA should be kept in mind when works accessible to the public are photographed?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

Art. 27 CopA – according to this provision, a work permanently situated in a place accessible to the public may be depicted; the depiction may be offered, sold, broadcast or otherwise distributed

4.2.1-4 Does it matter whether an analogue or a digital photo is made of a work?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, in both cases, a copy of the work is recorded – for analogue photos by the negative (cf. Hilty, Urheberrecht, 2011, 134) and for digital photos by the fact that the photo file is saved.

4.2.1-3 A work (e.g. a picture, sculpture, building structure, etc.) is photographed. Is this a reproduction?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

Yes, a photo is a copy of the work.

4.2.1-2 Is it a reproduction if a copy of the work was used as the template for the reproduction rather than the original?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

Yes, the template does not necessarily have to be the original; a reproduction (copy) – even an unauthorised copy – can be used as the template (cf. Hilty, Urheberrecht, 2011, 133).

4.2.1-1 Is downloading a text from the Internet always considered to be reproduction?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

Yes, this is reproduction pursuant to Art. 10 para. 2 (a) CopA. Files are called up on the Internet and saved on the computer. A copy of the file (=reproduction) has therefore been made on the computer. Although such files are usually only copied temporarily, e.g. the...

4.2-1 What is the difference between the author’s moral right and property right?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

The property right comprises the right to use the work and can be assigned partially or in full to third parties. The moral right protects the author’s personal relationship to the work and cannot be assigned. Even if an author assigns the property right in full to a...