by iv4n.p4v1c | Oct 20, 2022 | FAQ
In accordance with Art. 9 para. 3 CopA, the author must be the one to disclose their work. This provision is violated if parts of a work are published without the author’s knowledge and these parts have an individual character (Art. 2 para. 5 CopA). Beyond this...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
The author has the exclusive right to allow or forbid the modification of their work, whether or not this change is substantial or appropriate. This means you need the author’s permission, even if you think you have only changed minor details which make the photo look...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
Fan fiction is generally classed as a derivative work. Even though derivative works themselves are protected in their own right, the author of the pre-existing work retains their rights and can therefore challenge the publication of a derivative work. It is therefore...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
There is no specific legal framework for social media. This means the author retains their right of paternity of the work and you have to mention the author when they have chosen not to remain anonymous. If the work is referenced via a quotation, you need to do some...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
Forfeiture can only be ordered by a court at the end of proceedings. However, in urgent cases, the criminal court magistrate or the police can order the sequestration of goods under the conditions given during the proceedings, or as soon as they begin.
by iv4n.p4v1c | Oct 20, 2022 | FAQ
The Swiss Criminal Code stipulates that the court can order the forfeiture of objects that have been used or were intended to be used for the commission of an offence or that have been produced as a result of the commission of an offence, unless the assets are passed...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
Any person who intentionally omits to indicate the source used where required by statute and where the author is named therein, and to provide the name of the source is liable to a fine on the complaint of the person whose rights have been infringed (Art. 68 CopA)....
by iv4n.p4v1c | Oct 20, 2022 | FAQ
The criminal offences mentioned in Art. 67 Para. 1 CopA are prosecuted ex officio if they were committed for commercial gain (Art. 67 Para 2 CopA), i.e. as soon as the prosecuting authority becomes aware of the offence and without waiting for the injured party to file...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
A person acts for commercial gain depending on “the time and resources he dedicates to the criminal actions, the frequency of the acts within a given period of time, his anticipated or actual income and whether he committed the illegal activity as his profession,...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
It is in the offender’s interests to try to come to an agreement under civil law with the injured party so that the latter withdraws, or does not file a complaint against them. The objective is for the injured party, in exchange for monetary compensation, to...
