5.7-1 What is an orphan work pursuant to art. 22b CopA?

“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...

5.6-4 May I quote an unpublished work?

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in individual cases, the justification of the protection of legitimate interests may exist so that the quotation of unpublished works can also be justified.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...

5.3.2-1 May a library (‘owning library’) copy a book from its collection or a DVD from another library (‘borrowing library’) based on Art. 24 para. 1bis CopA so that it can include the book or the DVD in its collection to allow it to be borrowed?

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...