Publication of a hyperlink
Merely publishing a hyperlink to the original source of the work in question does not constitute a reproduction.
7.4.2.1 Right of reproduction
In accordance with art. 10 para. 2 (a), “the author has the right, in particular, to produce copies of the work, such as printed matter, phonograms, audio-visual fixations or other data carriers”. The author has the right to decide whether and when they wish to record the work on a physical carrier (Rebetez M., Internet, les réseaux sociaux et le droit d’auteur [Internet, Social Networks and Copyright] p. 22). The carrier can be either digital or analogue, even if the latter type is not really associated with social networks (Cherpillod I. in: de Werra/Guilliéron (ed.), CoRo, Propriété intellectuelle [Intellectual Property] p. 85).
A copy is produced when the work is made to take the form of some kind of durable material. The temporary copies created (for technical reasons) when online sources are consulted also count as reproductions. They are, however, subject to copyright restrictions under certain conditions (Reusser S., L’admissibilité des hyperliens en droit d’auteur [Admissibility of Hyperlinks in Copyright Law], Helbing Lichtenhahn, Basel, Faculté de droit de l’Université de Neuchâtel, 2014, p. 59). Making temporary reproductions is permitted according to Art. 24a CopA, when:
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They are transient or incidental;
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They represent an integral and essential part of a technical process;
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Their sole purpose is to enable a transmission of the work in a network between third parties by an intermediary or some lawful use of the work;
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They have no independent economic significance.
GOOD TO KNOW
FAQ
7.4.2.1-1: I am making a digital copy of a work so I can make it available to my friends on WhatsApp. Does this count as a reproduction?
Yes, the existence of a reproduction is not determined by the carrier it is stored on. A copy of the work will be saved in the memory of the computer and on WhatsApp’s remote servers. These two copies are considered to be reproductions. You have to assess whether you need to ask for permission or if there is an exception to copyright.