by Andrea Schittino | Oct 7, 2022 | Good to know
The rather antiquated legal wording in Art. 19 para. 1(b) CopA,‘Use of a work by a teacher’, does not clarify who exactly is privileged by the limiting provision of private use for educational purposes. The circle of users actually includes many more people than just...
by Andrea Schittino | Oct 7, 2022 | Good to know
Copyright-protected works may only be copied under particular conditions, either because the author or the owner of rights has given their permission for this or because the law permits the copying (limiting provisions). However, music, films and games, etc. are...
by Andrea Schittino | Oct 7, 2022 | Good to know
(Art. 19 para. 1 in conjunction with Art. 19 para. 2 CopA) Pursuant to Art. 19 para. 1(a) CopA, the user may copy a work completely if they do it for their own private use (private use within the personal sphere or in a private circle). However, this limiting...
by Andrea Schittino | Oct 7, 2022 | Good to know
The blank media levy is a fee for the private copying of protected works on analogue and digital phonograms, audiovisual and other data carriers which are suitable for recording/storing and playing music, films, images and other data. Besides conventional audiotapes...
by Andrea Schittino | Oct 7, 2022 | Good to know
The Copyright Act is principally designed to be technology-neutral so that it does not need to be revised every time there are new technical possibilities. Technical neutrality means it does not matter which technical procedure is used when someone uses a work; i.e....
by Andrea Schittino | Oct 7, 2022 | Good to know
Collecting societies are associations of owners of original and derivative copyrights (authors, publishers and claimants of related rights, etc.) which protect the individual rights to exploit for the affiliated authors and owners of rights. Therefore, collecting...
by Andrea Schittino | Oct 7, 2022 | Good to know
When renting (i.e. transferring for use in return for payment) copies of literary and artistic works, the effect of Art. 13 CopA on the principle of exhaustion must be considered. According to the principle of exhaustion, the person who is granted ownership of the...
by Andrea Schittino | Oct 7, 2022 | Good to know
In both cases, i.e. rental (Art. 253 SCO) and loan for use (Art. 305 SCO), an item is given to a third party to use with the obligation to return it. The essential difference is that a rental fee is payable when renting an item, but the loan of an item is usually free...
by Andrea Schittino | Oct 7, 2022 | Good to know
If third parties have acquired the ownership (Art. 641 SCC) of a protected work (e.g. someone bought a painting by Artist X), they may have become the owner of the work, but they do not have “carte blanche” to do anything they want with the work. They are bound by...
by Andrea Schittino | Oct 7, 2022 | Good to know
Ghostwriters are writers (and thus authors) of a work (e.g. an autobiography or a speech). They do not identify themselves as the author, but write the work on behalf of someone else (e.g. a politician), in whose name the work is published. This is legally permitted...
