by Andrea Schittino | Sep 23, 2022 | Good to know
When we think of copyright protection, books, images and artwork firstly spring to mind. However, in libraries, museums, archives, galleries but also in databases, book and art shops and other places where works are collected, stored, made available or sold,...
by Andrea Schittino | Sep 23, 2022 | Good to know
A work must not necessarily be completed or whole to enjoy copyright protection. Copyright law does not differentiate between finished and unfinished works. It is only important that the unfinished or incomplete work can already be viewed as an intellectual...
by Andrea Schittino | Sep 23, 2022 | Good to know
The law only mentions “artistic and literary creations” in Art. 2 para. 1 CopA. However, the restriction to literature and art is far too narrow and not decisive. For example, scientific works and computer programs can also be protected works without belonging to the...
by Andrea Schittino | Sep 23, 2022 | Good to know
For example, as defined in disputes, French case law has retained the operative factor criteria, i.e. the place the work was published online (Cass., Civ. 1, 30 January 2007, no.03-12354), the place where the damage took place (TGI Paris, chapter 3, section 2,...
by Andrea Schittino | Sep 23, 2022 | Good to know
Contracting parties can always stipulate an alternative clause for resolving conflicts, especially an arbitration clause, making use of a mediator or arbiter who is able to make a fair judgement.
by Andrea Schittino | Sep 23, 2022 | Good to know
What’s the answer to the question “Is the famous story The Little Prince by Saint-Exupéry (still) protected by copyright”? Yes, no, maybe… Antoine de Saint-Exupéry was a French writer and pioneering aviator born in 1900 and who died while on a mission in...
by iv4n.p4v1c | Aug 26, 2022 | Good to know
Article 5 of the Berne Convention stipulates that each signatory state must grant the nationals of other member states the same rights within its territory as its own nationals (Article 5.1) and that this protection is governed exclusively by the law of the country...
by iv4n.p4v1c | Aug 26, 2022 | Good to know
Each country has the sovereign power to enact legislation, that is, to set law. This means that the law is territorial, so it applies within a country or more restricted geographical zones (“Territoriality Principle”). In the absence of any actual international law,...
