by Andrea Schittino | Sep 29, 2022 | Good to know
The assignment of their copyrights can be problematic for a teacher at an educational institution if the teacher would like to enter into a publishing contract with a publishing house for the publication of an article, but has also assigned the copyrights in the work...
by Andrea Schittino | Sep 29, 2022 | Good to know
Employees are not always the authors if they create a work on the instructions of the employer. If an employer exercises its authority to give directives (Art. 321 d para. 1 SCO) by giving employees specific instructions to create a work, the employees normally do not...
by Andrea Schittino | Sep 29, 2022 | Good to know
Special provisions can be included in the employment contract for employees who work in a field in which they often produce creative works (e.g. media, legal sector, art industry). Unfortunately, such contracts are not always clear or might not include any written...
by Andrea Schittino | Sep 29, 2022 | Good to know
Copyrights may also be inherited (Art. 16 para. 1 CopA). The heirs can assert their claims after the death of an author.
by Andrea Schittino | Sep 29, 2022 | Good to know
‘Perception of a work’ simply means to take notice of a work, i.e. reading, looking at, listening to a work, etc. (Hilty, Urheberrecht, 2011, 128). This is always permitted.
by Andrea Schittino | Sep 29, 2022 | Good to know
Logically, copyright does not only address the author. Several parties have an interest in a created work: The author creates the work and possibly also wants to be paid for their work;Agents who are known as mediators of copyrighted work help authors to make their...
by Andrea Schittino | Sep 29, 2022 | Good to know
Under Swiss law, the personality right is lost with the death of the person in question; as an exception to this, the moral right of the author is lost 70 years (50 years in the case of computer programs) after their death. How does this now apply to a photograph of a...
by Andrea Schittino | Sep 29, 2022 | Good to know
Data or other information is collected in databases, then methodically or systematically organised and made available through electronic devices. In Swiss copyright law, databases fall under the category of collected works. As specified in Art. 4 para. 1 CopA, they...
by Andrea Schittino | Sep 29, 2022 | Good to know
It is impossible to imagine the Internet without hyperlinks. However, from a copyright perspective, you link to third-party content and this quickly raises the question of whether you can infringe the copyrights of another person as a result, in particular whether you...
by Andrea Schittino | Sep 23, 2022 | Good to know
The Federal Supreme Court had to judge the copyright character of portrait photographs in two cases. One had to do with a popular snapshot of Bob Marley with windswept dreadlocks that was taken by a Swiss photographer at an open-air concert (BGE 130 III 168). The...
