by marazzas | Aug 28, 2026 | To consider
The recent use of generative artificial intelligence to restyle private images in the style of Studio Ghibli has raised both legal and ethical concerns. An artist’s style, as such, is not protected by intellectual property rights. Copyright protects an artist’s forms...
by marazzas | Aug 21, 2026 | To consider
Sometimes, it is not immediately clear who owns the copyright in academic research: the researcher who created the work or the university or research institution. To determine whether copyright has been transferred from the author to the institution, it is important...
by marazzas | Sep 5, 2023 | To consider
According to the Swiss National Science Foundation (SNSF) regulations (Funding Regulations, General Implementation Regulations for the Funding Regulations, Regulations on the Funding of Open Access Publications), funding of research projects by the SNSF is subject to...
by marazzas | Sep 5, 2023 | To consider
The agreement between a publisher and author involves copyright management, with options including full transfer of rights to the publisher, an exclusive license limiting the author’s rights, or a non-exclusive license allowing immediate republication. The...
by marazzas | Sep 5, 2023 | To consider
Especially check the defined embargo period, if a version of re-publication is mentioned and which governing law applies.
by marazzas | Aug 8, 2023 | To consider
With regard to the publisher’s principle of exclusivity, authors must consider the following aspects in particular: 1. Do I wish to assign my copyrights to the publishing house, and if yes, which rights and to what extent? When copyrights are assigned, the...
by iv4n.p4v1c | Oct 20, 2022 | To consider
In order to respect the principle of proportionality and, in particular, the rights of the owner of the building in cases involving works of architecture, once created, the works cannot be forfeited. This means that if a copyright infringement is suspected with regard...
by iv4n.p4v1c | Oct 20, 2022 | To consider
Unlike civil actions in copyright disputes, where an offender who has committed copyright infringement can be held liable for a negligent act. Criminal offences in copyright are only punishable if they were committed wilfully. But dolus eventualis is sufficient. For...
by iv4n.p4v1c | Oct 20, 2022 | To consider
The court notifies the IPI (Swiss Federal Institute of Intellectual Property) of the judgement free of charge. It does this ex officio and it is thus mandatory (Art. 66a CopA). The aim is to create an IPI information centre containing material relating to case law in...
by iv4n.p4v1c | Oct 20, 2022 | To consider
If the sole concern is to preserve the financial entitlements of the claimant before court proceedings rather than to prevent the alleged illegal use of a work by ordering a prohibition or remedy, the judge can order the opposing party to provide appropriate security...
