by Andrea Schittino | Oct 20, 2022 | FAQ
No, it is not possible to do so. Art. 24c CopA allows to to make a modified copy of a protected work of art, in a form which is accessible to people with disabilities. Such copies of the work may only be produced and placed on the market for non-commercial purposes,...
by Andrea Schittino | Oct 20, 2022 | FAQ
No. Although it may indeed be an orphan work, art. 22b CopA does not allow the use of orphan works found from any source. It is only permitted to use an orphan work if the work is in a public institutional archive or open to the public and after notifying Prolitteris...
by Andrea Schittino | Oct 20, 2022 | FAQ
“Orphan” works are phonograms or audio-visual fixations which have already been published for the first time (Art. 9 para. 3 CopA), and whose author is unknown or not possible to contact. The work must be included in an archive of an institutional or...
by Andrea Schittino | Oct 20, 2022 | FAQ
No, if the source is not given, this is considered to be (auto-)plagiarism. In accordance with good scientific practice, you are not permitted to copy from yourself without disclosing that you have done so.
by Andrea Schittino | Oct 20, 2022 | FAQ
No, only published works may be quoted. However, in individual cases, the justification of the protection of legitimate interests may exist so that the quotation of unpublished works can also be justified. For example, public interest in a dispute with...
by Andrea Schittino | Oct 20, 2022 | FAQ
If the image is a copyright-protected work (and that is generally the case), then it may only be used with the consent of the author and the owner of rights. However, the image can be entered into the presentation as a ‘pictorial quotation’. Then it has to serve...
by Andrea Schittino | Oct 20, 2022 | FAQ
Yes, pursuant to the law, it is irrelevant in which medium (book, pictorial, homepage, app, film,…) a quotation is used. However, it is decisive that the quotation has an explanatory, informational or illustrative function, is covered in the scope of the purpose...
by Andrea Schittino | Oct 20, 2022 | FAQ
Yes, even if they have been the subject of controversy in the literature to date, images and work excerpts are now recognised. However, in the process, it is important that you also disclose images, films and music as quotations, and correctly specify the...
by Andrea Schittino | Oct 20, 2022 | FAQ
No, the purpose of Art. 24 CopA is the preservation of a work rather than making it publicly available (Art. 10 para. 2(c) CopA). This is no longer covered by Art. 24 para. 1bis CopA. This requires the consent of the author or the owner of rights.
by Andrea Schittino | Oct 20, 2022 | FAQ
No, the institution may only make archive and backup copies pursuant to Art. 24 para. 1bis CopA from its own collection. However: The borrowing library can request a copy of a book or a DVD from the owning library based on Art. 19 para. 1(c) in conjunction with...
