6.1.4-7 How should I formulate my request if I decide to bring an action against a third party?

by Andrea Schittino | Oct 20, 2022 | FAQ

The request to the court must be as precise as possible with regard to the situation described and the conclusions drawn (cf. BGE 97 II 92). For example, it can request the court to prohibit or remedy an illegal act or force the defendant to respect the authorship of...

6.1.4-6 Who is considered to be the “accomplice” and what role do they play in the copyright infringement?

by Andrea Schittino | Oct 20, 2022 | FAQ

The accomplice is the person who performs and responds to the instigator’s request. The accomplice here, for example, would be the university webmaster who publishes an entire book scanned by the professor on the university website at the latter’s request.

6.1.4-5 Who is considered to be the “instigator” and what role do they play in the copyright infringement?

by Andrea Schittino | Oct 20, 2022 | FAQ

The instigator is the person who asks for the creation of the work or places the work on the market, which infringes the copyright. For example, this might be a professor who asks the university webmaster to publish an entire, scanned book on a website to share it...

6.1.4-4 Against whom is an action for copyright infringement brought?

by Andrea Schittino | Oct 20, 2022 | FAQ

The action is brought against anyone who participated in the infringement, i.e. the main person(s) responsible for the illegal act and any instigators and accomplices.

6.1.4-3 If there are several joint authors, who is allowed to take legal action?

by Andrea Schittino | Oct 20, 2022 | FAQ

If the copyright belongs to more than one person, each joint author may take legal action independently for infringements but may only ask for relief if it benefits all the other joint authors (Art. 7 Para. 3 CopA).

6.1.4-2 When the rights have been assigned to a third person, is this person allowed to exercise more rights than those he has been assigned?

by Andrea Schittino | Oct 20, 2022 | FAQ

The copyright owner cannot exercise any rights other than those granted by the author. For example, if the author grants an editor the copyright to a document on a non-exclusive basis for the sole purpose of publishing the work as an article in a printed magazine,...

6.1.4-1 Who may take legal action for declaratory judgement, for performance and for forfeiture?

by Andrea Schittino | Oct 20, 2022 | FAQ

Any natural or legal owner of the copyrights in question. Therefore, this may be the author but also any third-party assignees of the copyright, in particular collective rights assignment organisations which have been granted certain rights.

6.1.2-5 When may the owner of the rights request the defendant to provide information?

by Andrea Schittino | Oct 20, 2022 | FAQ

A request for information (Art. 62 para. 1 (c) CopA) can be made whenever it becomes necessary for the claimant’s defence to establish the infringement of his rights or the scope of the infringement, or in order to calculate the damage caused.

6.1.2-4 What should I do if someone is using my photos on a website without my permission?

by Andrea Schittino | Oct 20, 2022 | FAQ

The rights holder must present evidence to the court that the infringement is ongoing (documents or testimonies) to remedy the existing infringement (Art. 62 Para. 1 (b) CopA). It is possible to request the court to order the opposing party to provide information if...

6.1.2-3 What should I do if my copyrights are violated?

by Andrea Schittino | Oct 20, 2022 | FAQ

Any person whose copyright is infringed or threatened has the right to remedy the existing infringement (Art. 62 Para. 1 (b) CopA). The claimant must provide evidence that an infringement is ongoing. In particular, he must provide documentary evidence or testimonies...