by Andrea Schittino | 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 Andrea Schittino | 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 Andrea Schittino | 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 Andrea Schittino | 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 Andrea Schittino | 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 Andrea Schittino | 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 Andrea Schittino | 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 Andrea Schittino | 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...
by Andrea Schittino | Sep 23, 2022 | To consider
Besides the copyright protection which protects the rights of the photographer or the photographs, photographs of people are subject to the right to one’s own image as a partial aspect of the protection of legal personality Art. 28 Swiss Civil Code...
by Andrea Schittino | Sep 23, 2022 | To consider
Often, several people are involved in the creation of audiovisual and multimedia works (director, screen writer, cameraman, film editor, sound engineer, producer, etc.). Unless otherwise contractually agreed between the participants, joint authorship usually exists...
