4.1.3-5 May a museum which purchased an original painting from an artist and digitised this painting for its collection, dispose of the original work because it is no longer needed after the digitisation?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, the museum must offer to return the original work to the artist (Art. 15 para. 1 CopA). The museum may only dispose of the work after the artist has refused to take it back.

4.1.3-4 Is there a distinction between the alteration and the adaptation of a work?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

Yes, if a work is changed to the extent that it contains new creative contents, it is considered to be an adaption in the sense that it is derivative work (Art. 3 para. 1 CopA). However, if the work is edited without any creative quality, this is considered to be an...

4.1.3-3 Is there an exception in copyright law that allows owners who are not authors to make alterations to works protected by copyright?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

Yes, for building structures, Art. 12 para. 3 CopA: Works of architecture that have been constructed may be altered by the owner. However, the authors can oppose any distortion of their work that infringes their personality.

4.1.3-2 May I make alterations to a picture if the artist gave the picture to me and I am now the owner of the picture?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, ownership does not change the fact that the artist remains the author of the work and has the exclusive right to make alterations to the work pursuant to Art. 11 para. 2 CopA. The situation would be different if the artist had expressly permitted me to...

4.1.3-1 An artistic photographic image should be digitised. Does this qualify as an alteration to the photo pursuant to Art. 11 para.1 (a) CopA?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, straightforward digitisation is a simple technical conversion, not an alteration. However, this qualifies as reproduction pursuant to Art. 10 para. 2 (a) CopA, which may not be done without the consent of the author or the owner of the rights, except if one...

4.1.2-1 When I quote from a work, do I always have to mention the author?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

Yes. Where the source indicates the author’s designation, the author’s name must also be cited, Art. 25 para. 2 CopA. It should be noted that quotations are not only governed by copyright law; it is also good scientific practice to provide correct...

4.1.1-4 Can authors retract a work that has been published?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, a work that has been published cannot be revoked.

4.1.1-3 A PhD student publishes her PhD thesis through a publishing house (reproduction and distribution). Who exercised the right of first publication?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

The doctoral student – only the author has the right to decide whether, when, how and under what author’s designation the work is published for the first time. She cannot assign the right of initial publication to the publishing house, as this is...

4.1.1-2 Has a work been published for the first time if a student posts her homework on Facebook?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

This question can unfortunately not be answered with a clear ‘yes’ or ‘no’. According to current trends, one probably has to assume that it was published for the first time as the student makes her homework available to a larger group of...

4.1.1-1 In a study group, one student gives his essay to the other students and asks them to revise it. By doing so, has the student now published his work?

by iv4n.p4v1c | Oct 7, 2022 | FAQ

No, pursuant to Art. 9 para. 3 CopA a work is only considered to have been published when it is made available to a larger number of people outside the private circle of the author. The study group is a group of students that are closely connected to each other in...