by iv4n.p4v1c | Oct 7, 2022 | To consider
The third party (i.e. library, copy shop) may only make copies that the user has requested lawfully within the scope of the private use pursuant to Art. 19 para.1 CopA. Third parties are not permitted to stockpile copies (BGE 128 IV 213).
by iv4n.p4v1c | Oct 7, 2022 | To consider
In the case of self-copying on photocopiers made available for general public use, users of works no longer have the same entitlements that they would have if they had copied the work on a private photocopier, with a private scanner, a digital camera, etc. They do not...
by iv4n.p4v1c | Oct 7, 2022 | To consider
Therefore, the user does not require anyone’s consent to use the work. However, use pursuant to JT 7 must be remunerated (Art. 19 para. 1(b) in conjunction with Art. 20 para. 2 CopA). The remuneration is paid in a lump sum via the Swiss Conference of Cantonal...
by iv4n.p4v1c | Oct 7, 2022 | To consider
Does the actual use of the work fulfil the condition of a particular limiting provision,is the permitted use of the work subject to particular limitations, and does use of the work obligate the user to pay remuneration, if necessary?
by iv4n.p4v1c | Oct 7, 2022 | To consider
In many cases, it will be impossible to publish a work for the first time without the help of third parties, e.g. PhD students who cannot publish their PhD thesis without the help of a publishing house. However, the right of first publication as such cannot be...
by iv4n.p4v1c | Sep 29, 2022 | To consider
Google docs linkWhen it comes to authorship, it is irrelevant whether the creator of a work is a minor or an adult. Minors can also be authors of a work and acquire original copyrights. This is not the same as an agreement to assign the copyrights, which by law is a...
by iv4n.p4v1c | Sep 29, 2022 | To consider
For reasons of clarity and proof, authors of a work who wish to assign their rights in this work should always conclude a written contract (signed by both parties).
by iv4n.p4v1c | Sep 29, 2022 | To consider
Pursuant to Art. 4 para. 2 CopA, works included in a collected work may be protected individually. Thus, if individual works from the collection fall under the protection of the Copyright Act, they do not lose this when they are compiled into a collection. People...
by iv4n.p4v1c | Sep 29, 2022 | To consider
Pursuant to Art. 3 para. 4 CopA, the protection of the works used in the derivative work remains reserved. If the original work enjoys copyright protection, it does not lose this when a derivative work is created from it. This means that the consent of the author...
by iv4n.p4v1c | Sep 29, 2022 | To consider
When you are designing websites, it is really tempting just to take what you want in terms of image, sound material, etc. from the Internet. You should be careful as the Internet is not a legal vacuum. Just because photographs and music can be simply and easily found...
