by Andrea Schittino | Oct 20, 2022 | FAQ
A copyright infringement has been committed when someone who does not have authorisation from the rights holder and/or is not acting under a limiting provision: uses a work under a false designation or a designation that differs from that decided by the...
by Andrea Schittino | Oct 20, 2022 | FAQ
Copyright infringements under Art. 67 CopA can be subject to a custodial sentence not exceeding one year or a monetary penalty (payment of a fine).
by Andrea Schittino | Oct 20, 2022 | FAQ
A user cannot make a film black and white without the consent of the rights holder. That would be an infringement of the exclusive rights of the author (Art. 11 Para 1 CopA, Art. 10 Para. 1 (d) CopA). This act would lead to the risk of being taken to court for...
by Andrea Schittino | Oct 20, 2022 | FAQ
The publication of the judgement can be requested in all media formats or with the publication of the work itself as additional information. The publication usually only contains the judgement and the conclusions in particular. In view of the negative impact on the...
by Andrea Schittino | Oct 20, 2022 | FAQ
No, the payment of the publication costs must be specifically requested as the court will not do this ex officio. The court determines the extent of the publication, paying particular attention to the principle of proportionality. The losing party may be required to...
by Andrea Schittino | Oct 20, 2022 | FAQ
The court may order, at the request of the successful party, that the judgement be published at the expense of the opposing party. The court determines the form and extent of the publication. This right can be granted in whole or in part to the successful party, which...
by Andrea Schittino | Oct 20, 2022 | FAQ
The conclusions of a judgement are the final part of a judgement and, as such, contain the decision of the court without the legal grounds or considerations, which are generally pronounced earlier. In particular, the conclusions stipulate whether the court has...
by Andrea Schittino | Oct 20, 2022 | FAQ
If the principal action is not yet pending, the court shall set a deadline within which the applicant must file his action, under penalty to the ordered measure. This is not required if the summary proceedings only aim to request a precautionary...
by Andrea Schittino | Oct 20, 2022 | FAQ
The claimant must act as soon as possible. If the claimant delays, he risks being suspected of having committed an abuse of rights at a later date.
by Andrea Schittino | Oct 20, 2022 | FAQ
The claimant must show that the facts and consequences they are claiming are plausible by providing the court with documentary evidence. Spontaneous written testimonies or expert reports can prove useful for showing the claims to be plausible but they must be verified...
