by Andrea Schittino | Oct 20, 2022 | FAQ
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...
by Andrea Schittino | Oct 20, 2022 | FAQ
Publishing a work when the author has not given their permission is a violation of their right of disclosure. This is punishable under Art. 67 CopA. The author’s property rights would also be breached.
by Andrea Schittino | Oct 20, 2022 | FAQ
A work is deemed to have been disclosed when the author loses control of the group of people who have access to their work. A work which has been published by the author on their home page without any restriction regarding access to the work can be considered to have...
by Andrea Schittino | Oct 20, 2022 | FAQ
In accordance with Art. 9 para. 3 CopA, the author must be the one to disclose their work. This provision is violated if parts of a work are published without the author’s knowledge and these parts have an individual character (Art. 2 para. 5 CopA). Beyond this...
by Andrea Schittino | Oct 20, 2022 | FAQ
The author has the exclusive right to allow or forbid the modification of their work, whether or not this change is substantial or appropriate. This means you need the author’s permission, even if you think you have only changed minor details which make the photo look...
by Andrea Schittino | Oct 20, 2022 | FAQ
Fan fiction is generally classed as a derivative work. Even though derivative works themselves are protected in their own right, the author of the pre-existing work retains their rights and can therefore challenge the publication of a derivative work. It is therefore...
by Andrea Schittino | Oct 20, 2022 | FAQ
There is no specific legal framework for social media. This means the author retains their right of paternity of the work and you have to mention the author when they have chosen not to remain anonymous. If the work is referenced via a quotation, you need to do some...
by Andrea Schittino | Oct 20, 2022 | FAQ
Forfeiture can only be ordered by a court at the end of proceedings. However, in urgent cases, the criminal court magistrate or the police can order the sequestration of goods under the conditions given during the proceedings, or as soon as they begin.
by Andrea Schittino | Oct 20, 2022 | FAQ
The Swiss Criminal Code stipulates that the court can order the forfeiture of objects that have been used or were intended to be used for the commission of an offence or that have been produced as a result of the commission of an offence, unless the assets are passed...
by Andrea Schittino | Oct 20, 2022 | FAQ
Any person who intentionally omits to indicate the source used where required by statute and where the author is named therein, and to provide the name of the source is liable to a fine on the complaint of the person whose rights have been infringed (Art. 68 CopA)....
