7.5.2.1 The author sees their work being used without their consent

The author who sees their work being used on social networks without their consent is faced with a complicated situation. Copyright grants them exclusive rights as well as a variety of actions ranging from defensive actions as stipulated in art. 61 et seq. CopA to actions aimed at securing payment of damages or satisfaction as stipulated in the Swiss Code of Obligations. The author can also take action under criminal law (Rebetez M., Internet, les réseaux sociaux et le droit d’auteur [Internet, Social Networks and Copyright] p. 71).

Despite being able to take a relatively wide range of actions, it can be very difficult for the author to protect their rights effectively on social media. In fact, it is difficult to locate the person responsible and the increase in the flow of data can make it extremely tough to assert copyright. For example, when the copy of the work in question is stored on a server in a foreign country by a foreign company (Rebetez M., Internet, les réseaux sociaux et le droit d’auteur [Internet, Social Networks and Copyright] p. 71).