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Basics of Copyright


1. WHERE… is the work used and which national law is applicable?

	1.1 Territoriality Principle
	1.2 Use in Switzerland
	1.3 Use abroad
	1.4 Contracts with international aspects
	1.5 Determining the country where a work is being used: online dissemination
	1.6 Specifics of legislation: example of the term of protection of a work


2. WHAT… is a protected work?

	2.1     Protected work
	
		2.1.1 Intellectual creation
		2.1.2 Individual character
		2.1.3 Form of expression
		2.1.4 Drafts, titles and parts of works
	

	2.2        Categories of work
	
		2.2.1 Linguistic works
		2.2.2    Musical and sound works
		2.2.3  Works of art
		2.2.4 Technical or scientific works
		2.2.5    Buildings
		2.2.6 Works of applied art
		2.2.7    Photographs and films
		2.2.8. Websites, homepages, webpages and co.
		2.2.9     Choreographies and pantomimes
	

	2.3        Works excluded from protection
	2.4        Derivative works
	2.5 Collections
	2.6 How long is a work protected?
	
		2.6.1.    Terms of protection – beginning and end
		
			2.6.1.1. Author’s date of death is unknown
			2.6.1.2    Unknown authorship
			2.6.1.3 Orphan works
			2.6.1.4 Unpublished works
			2.6.1.5 Joint authorship
		

		2.6.2 Structure of the terms of copyright protection
		2.6.3 Calculating the term of protection
		2.6.4 Use of works in the public domain
	



3. WHO… owns the copyright in the work?

	3.1 Author
	3.2 Joint author
	3.3 The author cannot be determined
	3.4 Other owners of rights
	
		3.4.1 Assignment of rights by contract
		3.4.2 Publishing contract
		3.4.3 Licence agreement
		3.4.4 Assignment of copyrights under employment relationships and in the educational sector
		
			3.4.4.1 Copyrights under an employment relationship
			3.4.4.2 Copyrights of teachers
			3.4.4.3 Copyrights of students
		

	



4. WHICH… rights in the work are protected?

	4.1 The moral right of the author
	
		4.1.1 Right of first publication
		4.1.2 Right to recognition of authorship
		4.1.3 Protection of a work’s integrity
	

	4.2 Property right (uses of a work)
	
		4.2.1 Right of reproduction
		4.2.2 Right to distribute
		4.2.3 Right to make a work perceptible or available
		4.2.4 Right to broadcast, right to retransmit and right to make a work publicly perceptible
		4.2.5 Second Publication Right
	



5. HOW… may other people use a work?

	5.1 How does the law compensate the encroachment of the author’s exclusive right?
	
		5a.1.1 Exploitation through collecting societies
	

	5a.2 Private use
	
		5a.2.1 Private use in the personal sphere
		5a.2.2 Private use for educational purposes
		5a.2.3 Professional use
		5a.2.4 Copies made by a third party
		5a.2.5 Counter exceptions to the copyright limiting provisions (exceptions to the exceptions)
		
			5a.2.5.1 Limitation of private use
			5a.2.5.2 Obligation of remuneration for private use
		

	

	5a.3 Archive and backup copies
	
		5a.3.1 Archive copies
		5a.3.2 Archive and backup copies
	

	5a.4 The temporary copying of a work
	5a.5 Restriction for scientific research
	5a.6 The right of quotation
	5a.7 Use of orphan works
	5a.8 Use of works by people with disabilities
	5a.9 Works on premises open to the public
	5a.10 Collecting Societies
	
		5a.10.1 Swiss Collecting Societies
		5a.10.2 Foreign sister societies
		5a.10.3 Activities subject to surveillance
		5a.10.4 Activities not subject to surveillance
		5a.10.5 Control over administrative management
	

	5a.11 Reporting current events


5b. HOW … can other people use a work? – Contractual licenses

	5b.1 Creative Commons Licences
	
		5b.1.1 What do all Creative Commons licences have in common?
		5b.1.2 What are the individual elements of Creative Commons licences?
	

	5b.2  Free and open source software licences
	
		5b.2.1 WHICH rights are licensed?
		5b.2.2 WHO are licensors and licensees?
		5b.2.3 HOW MUCH money may be charged for FOSS?
		5b.2.4 HOW may FOSS be redistributed by licensees?
		5b.2.5 WHAT happens when a FOSS licence is infringed?
	

	5b.3 Extended collective licenses


6. AND… responsibility and sanctions?

	6.1  Civil actions according to the CopA
	
		6.1.1 Action for declaratory judgement
		6.1.2 Action for performance
		6.1.3 Forfeiture of unlawfully manufactured goods
		6.1.4  Conditions for action for declaratory judgement, for performance and for forfeiture
	

	6.2 Civil actions according to the Swiss Code of Obligations
	
		6.2.1 Action for damages
		6.2.2 Action for compensation of non-material damages
		6.2.3  Action for handing over of profits
	

	6.3 Preliminary measures in civil law
	6.4 Publication and notification of judgements
	6.5 Criminal actions
	
		6.5.1 Infringement of the exclusive rights of the copyright owner
		6.5.2 Omission of source
		6.5.3 Forfeiture of works used to commit the infringement
	



7. Copyright and social media

	7.1 Where does copyright affect social media?
	
		7.1.1 What is social media?
		7.1.2 The development of information and communication technology
		7.1.3 Developments in digital use
	

	7.2 A shifting legal basis
	7.3 Why does social media raise copyright issues?
	
		7.3.1 The many categories of social networks
		
			7.3.1.1 Distinction according to function
			7.3.1.2 Distinction according to ways to participate
			7.3.1.3 Distinction according to revenue model
		

	

	7.4 What rights come into play?
	
		7.4.1 Moral rights
		
			7.4.1.1 Right of paternity
			7.4.1.2 The right of integrity
			7.4.1.3 Right of disclosure
		

		7.4.2 Property rights
		
			7.4.2.1 Right of reproduction
			7.4.2.2 Right of distribution
			7.4.2.3 The right to make something available
		

	

	7.5 What are the rights, risks and obligations of the various parties?
	
		7.5.1 The user of the work on social media
		
			7.5.1.1 Principle
			7.5.1.2 Exceptions
			
				7.5.1.2.1 The use of works for personal purposes or within a group of closely connected people
				7.5.1.2.2 Use for educational purposes
			

		

		7.5.2 The author of the work being used on social media
		
			7.5.2.1 The author sees their work being used without their consent
			7.5.2.2 When an author publishes their work themselves
		

		7.5.3 When a service provider sees the work being used on its networks

7.4.1 Moral rights

The right of paternity, the right of integrity and the right to first publication are particularly at stake when works are used on social media.

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