1.4-1 A French national living in France but studying in Switzerland is mandated by his university to translate a German novel. They stipulated in the contract that Swiss law is applicable. Is this mandatory for everybody, even for third persons?

by iv4n.p4v1c | Sep 23, 2022 | FAQ

Within the contractual relation between the student and the University Swiss law will be applicable, because the parties used their “contractual autonomy” and chose the applicable law (Art. 116 IPLA). Conversely, in dealings with third persons (not involved in the...

1.3-1 Will works created by Swiss nationals in Switzerland always be protected by Swiss law when being used abroad?

by iv4n.p4v1c | Sep 23, 2022 | FAQ

Generally, no. Most countries apply the law of the country in which the protection is claimed (“the lex loci protectionis principle”); usually this is the country in which the work is used. However, some countries apply the law of the country where the work...

1.2-4 Can the authorisation for the use of the content without consent of the author by the limiting provision of private use for educational purposes justify using a work abroad?

by iv4n.p4v1c | Sep 23, 2022 | FAQ

The exceptions stipulated in Article 19 of the Swiss Copyright Act, that means the exception for educational purposes, do not apply outside Switzerland. The teacher’s use of copyrighted content abroad is not covered by Swiss law, but by the applicable foreign law....

1.2-3 A physics teacher wants to use some third-party content (e.g. a chart) which is probably protected by copyright and decides to use it in the lesson he is preparing. Which law applies to the use of this content?

by iv4n.p4v1c | Sep 23, 2022 | FAQ

To answer this question, we need to ask where the content is being used. If the content is being used in Switzerland, Swiss copyright law will apply. This is also the case if the teacher includes the third-party content in a PowerPoint presentation, which he prints...

1.2-2 A Cambodian artist creates a sculpture to stand in front of the University of Lucerne. The university would like to replace the photo in its brochures with one that includes the sculpture. Should Cambodian or Swiss law apply in this situation?

by iv4n.p4v1c | Sep 23, 2022 | FAQ

As the work is being used in Switzerland, Article 110 of the IPLA indicates that Swiss law is applicable. The nationality of the artist is not a decisive factor here, because the IPLA and the Swiss Copyright Act do not distinguish between Swiss nationals and foreign...

1.2-1 As part of the research for his dissertation, a Swiss student wants to photocopy an article published in a scientific journal which is available in the University of Geneva library. Which law will be applicable in this situation?

by iv4n.p4v1c | Sep 23, 2022 | FAQ

As the work is being used in Switzerland, Article 110 of the IPLA indicates that Swiss law is applicable, regardless of the nationality of the article’s author or the editor of the journal.

1.1-2 What are the challenges of determining the applicable national law in cross-border situations in the domain of copyright?

by iv4n.p4v1c | Aug 26, 2022 | FAQ

Copyright legislation is not the same everywhere: one law might provide for the protection of a work while another will deny it due to a lack of originality, the protection period may have expired in one country (for example Switzerland protects computer programs for...

1.1-1 In which situation does the question of applicable law arise?

by iv4n.p4v1c | Aug 26, 2022 | FAQ

In any situation which involves different countries: a work is used abroad, a contract is concluded between two persons residing in two different countries, a copyright is infringed in a country other than the one in which the holder of the rights lives, etc.