by Andrea Schittino | Sep 23, 2022 | To consider
A musical performance, a concert or other presentations of existing musical works are basically unprotected works within the meaning of Art. 2 para. 2 (b) CopA as they lack the required individuality. Simply said, anyone who sings a song from notes usually does this...
by Andrea Schittino | Sep 23, 2022 | To consider
In the same way as the idea or the thought itself do not enjoy any independent copyright protection, rather only when these are cast in a form which is perceptible to the senses, a special musical style (e.g. blues, classical music, jazz, techno, etc.) or a musical...
by Andrea Schittino | Sep 23, 2022 | To consider
Graphic recordings of sheet music do not fall under Art. 2 para. 2 (b) CopA. Apart from exceptions, they do not have any copyright protection themselves; they are only the communication form of the – potentially protected – music. However, when reproducing sheet...
by Andrea Schittino | Sep 23, 2022 | To consider
“Smellable” creations such as perfumes and flavourful creations are not considered to be protected works – at least pursuant to Swiss copyright law. Smelling and tasting a work are not sufficient to make it perceptible. However, people who invent such...
by Andrea Schittino | Sep 23, 2022 | To consider
How do you deal with a copyright symbol©, a watermark, a notice such as “all rights reserved” or with similar markings? Such distinctive signs on works often cause uncertainty as they give the impression that the work is protected by copyright due to these markings....
by Andrea Schittino | Sep 23, 2022 | To consider
Copyright is not the only legal aspect which must be considered when you want to use the content of a work. There are other statutory, contractual or ethical regulations which can play a role irrespective of whether a work is protected by copyright or not and whether...
by Andrea Schittino | Sep 23, 2022 | To consider
Even in cases where foreign law would be applicable, but the national law provides a mandatory provision in this situation, the competent courts have to apply this provision instead of the applicable foreign law. In Switzerland, this is fixed in Article 18 ILPA. Thus...
by iv4n.p4v1c | Aug 26, 2022 | To consider
The question of determining which law applies is governed by international private law. However, contrary to what the name might imply, this is not an international but a national law. Thus determining the international private law that is applicable is the first...
