2.1.4-5 Is a table of contents of a legal commentary which simply follows the structure of the Copyright Act protected by copyright? What about a legal thesis following the author’s structure and arrangement of the content?

A table of contents only falls under copyright when it can be viewed as an intellectual creation with sufficient individuality pursuant to Art. 2 para. 1 CopA. As the structure of the Copyright Act is followed in the legal commentary, it lacks the required...

2.1.4-4 A lecturer compiles a literature list for her students containing the author, title, edition, ISBN, etc. and a short description of each book devised by the publishing house. May the lecturer use this information without further ado?

It depends: all data is metadata, which is only protected by copyright when it is considered to be an intellectual creative effort with an individual character pursuant to Art. 2 para. 1 CopA. Information about the author, title, edition and ISBN does not fall under...