by iv4n.p4v1c | Sep 23, 2022 | FAQ
Pursuant to Swiss copyright law, there is no requirement to have a distinctive sign on a protected work, and it is not possible to register such a work. The copyright protection of a work depends on whether the conditions pursuant to Art. 2. para. 1 CopA have been...
by iv4n.p4v1c | Sep 23, 2022 | FAQ
No, you do not need to affix the copyright symbol to your work or to register it to gain copyright protection. It is also not necessary to affix a warning message, such as “all rights reserved”.
by iv4n.p4v1c | Sep 23, 2022 | FAQ
The work is protected by copyright as soon as it is created (Art. 29 para. 1 CopA). Therefore, the work does not also have to be published to gain copyright protection.
by iv4n.p4v1c | Sep 23, 2022 | FAQ
No, the value of the work is irrelevant.
by iv4n.p4v1c | Sep 23, 2022 | FAQ
No, aesthetic or moral aspects must be excluded when it comes to the question of copyright protection of a work. It is irrelevant why the work was created. However, the rights of others can be infringed by the work, in particular the personality right, or the work can...
by iv4n.p4v1c | 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).
by iv4n.p4v1c | 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...
by iv4n.p4v1c | 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)...
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...
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...
