by iv4n.p4v1c | Sep 29, 2022 | FAQ
No, because the moral right cannot be separated from the author, as it is only through the creative input of the author that a unique creative work is produced. This inseparability is precisely why the author’s moral right cannot be assigned to a third...
by iv4n.p4v1c | Sep 29, 2022 | FAQ
No, the university does not have any copyrights and thus also has no right to publish the work (reproduce it and make it available). According to its regulations, it would only have the right to do this if the students’ photos were taken ‘as part of...
by iv4n.p4v1c | Sep 29, 2022 | FAQ
No, the school does not have any copyrights in the works as the pupils did not assign the copyrights to the school. The school must obtain separate declarations of consent from the pupils or from their parents if the pupils are not of age.
by iv4n.p4v1c | Sep 29, 2022 | FAQ
No, the school does not have any copyrights in the article. Even if the teacher had assigned their copyrights to the school under the employment contract or the school’s regulations, the assignment does not apply to works that they create during their free...
by iv4n.p4v1c | Sep 29, 2022 | FAQ
No, the copyrights (in this case, the right of reproduction and publication) are not owned only by the lecturer, but in accordance with the above legal provision, also by the canton. The lecturer must first obtain the consent of the canton, represented by their line...
by iv4n.p4v1c | Sep 29, 2022 | FAQ
Not generally – only the original author (i.e. the employee) has the right to make alterations (the exclusive right to decide whether, when and how the work may be altered) pursuant to Art. 11 para. 1 (a) CopA. It depends whether this is a marginal and reasonable...
by iv4n.p4v1c | Sep 29, 2022 | FAQ
Yes and no. An agreement on the assignment of copyrights does not have to be explicit and be concluded in writing. The purpose for which the employee was appointed is important here – in this case, the lawyer was appointed to write Internet articles; the assignment of...
by iv4n.p4v1c | Sep 29, 2022 | FAQ
No, the right to decide whether, when, how and under what author’s designation a work is published for the first time (right of first publication) pursuant to Art. 9 para. 2 CopA is the moral right of the author and cannot be assigned. However, employees can...
by iv4n.p4v1c | Sep 29, 2022 | FAQ
Licences are generally granted under a contractual agreement (licence agreement) between the licensor (author or an owner of rights) and the user (licensee). The contract determines the rights of use and their scope granted to the licensee by the licensor. Basically,...
by iv4n.p4v1c | Sep 29, 2022 | FAQ
Often publishing houses or collective rights management organisations grant licences rather than the author. Third parties are also entitled to grant licences if they have been authorised to do so. To this end, the author must have assigned or granted them the...
