by Andrea Schittino | Oct 20, 2022 | To consider
If the copyright belongs to more than one person, each joint author may take legal action independently for infringements of this copyright but may only ask for relief if it benefits all the other joint authors (Art. 7 Para. 3 CopA).
by Andrea Schittino | Oct 20, 2022 | To consider
Once a work is distributed under a CC licence, this can practically no longer be reversed. In legal terms, all licence agreements would have to be cancelled with the consent of every person who has received a copy. The very task of finding everyone who owns a copy –...
by Andrea Schittino | Oct 20, 2022 | To consider
All six CC licences are updated from time to time, which is why different versions exist (e.g. CC-BY 2.0, CC-BY-3.0; CC-BY-SA 3.0, etc.). The current version is 4.0. A work must always be used in the manner that is permitted in the specific licence version. Are the...
by Andrea Schittino | Oct 20, 2022 | To consider
Uses of CC works which are permitted under copyright law are not subject to any distribution conditions. Indeed, the uses of CC works permitted under copyright law do not require a licence from the copyright holder, i.e. no contract is required; for this reason,...
by Andrea Schittino | Oct 20, 2022 | To consider
The right of quotation pursuant to Art. 25 CopA is a mandatory law (statutory licence). It cannot be excluded by a contract. However, there are problems in this respect in relation to works which are only offered in digital form, to which the users of the work only...
by Andrea Schittino | Oct 20, 2022 | To consider
In the case of paraphrasing but also in the case of quotes from works that are no longer protected, it is considered good scientific practice to identify the paraphrasing or quotation and specify the source – in particular in teaching and research – otherwise, this is...
by Andrea Schittino | Oct 13, 2022 | To consider
However, as long as other copies of the work can be purchased without unreasonable additional expense, one cannot refer to this limitation. Instead, a further copy of the work in question must be purchased.
by Andrea Schittino | Oct 7, 2022 | To consider
The limitations with regard to the permitted scope of the copying pursuant to Art. 19 para. 3 CopA or the Joint Tariffs must be respected, and the third party owes remuneration pursuant to Art. 20 CopA.
by Andrea Schittino | Oct 7, 2022 | To consider
The third party (i.e. library, copy shop) may only make copies that the user has requested lawfully within the scope of the private use pursuant to Art. 19 para.1 CopA. Third parties are not permitted to stockpile copies (BGE 128 IV 213).
by Andrea Schittino | Oct 7, 2022 | To consider
In the case of self-copying on photocopiers made available for general public use, users of works no longer have the same entitlements that they would have if they had copied the work on a private photocopier, with a private scanner, a digital camera, etc. They do not...
