2.1-1 When is a work protected by copyright?

by | Sep 23, 2022 | FAQ

Works which were created by a human being (“intellectual creation”), are perceptible to the senses and have a certain amount of individuality (i.e. stand out from existing works) are protected by copyright (Art. 2 para. 1 CopA).

1.5-1 A professor teaching at the University of Neuchâtel and Lyon wants to publish a photo that he took of Zurich station and which features the Niki de Saint Phalle sculpture on his French-language blog on railway history. How should this be approached?

by | Sep 23, 2022 | FAQ

The lecturer’s blog can be considered as aimed at French and Swiss audiences, which implies that France and Switzerland can be considered as the places where the work can be accessed. While the use of the photo may not cause any problems in Switzerland (here...

1.4-2 A French translator living in France signs a contract with the University of Geneva to transfer the copyright for a translation. They do not stipulate the applicable law. Suppose the Geneva courts would be competent, which law applies?

by | Sep 23, 2022 | FAQ

As the translator is transferring her copyrights, the court in Geneva will apply the Swiss international private law (IPLA).This stipulates in Art. 122.1 IPLA that the law of the country of residence of the translator (hence the person that transfers its copyrights)...