by marazzas | Aug 8, 2023 | FAQ
If the publisher is not in Switzerland and the governing law defined in the publishing contract is not Swiss, you must apply the rules of the second publication right of the country determined in the contract.
by marazzas | Aug 8, 2023 | FAQ
Only if this is foreseen by the publishing contract.
by marazzas | Aug 8, 2023 | FAQ
You may choose the gold road of open access, which means that the publisher must immediately grant open access to the work. This usually happens in exchange of a publication fee to the publisher.
by iv4n.p4v1c | Aug 8, 2023 | FAQ
According to art. 382 para. 3 CO you are allowed to re-publish your scientific article already after 3 months from its first publication. However, there has never been a decision by a judge so far, on whether in such a case the contract or the law prevails.
by iv4n.p4v1c | 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 iv4n.p4v1c | 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 iv4n.p4v1c | 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 iv4n.p4v1c | 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 iv4n.p4v1c | 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 iv4n.p4v1c | 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.
