English
Deutsch English Français Italiano
  • FAQs
  • Knowledge base
    • BASICS OF COPYRIGHT
    • Where... is the work used and which national law is applicable?
    • What... is a protected work?
    • Who... owns the copyright in the work?
    • Which... rights in the work are protected?
    • How... may other people use a work?
    • And... responsibility and sanctions?
    • Copyright and social media
  • Training
    • Training Offer
    • Case Studies
  • Advising
  • About
    • CCdigitallaw
    • Affiliation
    • Events
  • News Archive

  1. English
  2. Copyright
  3. 4. WHICH... rights in the work are protected?
  4. 4.2 Property right (uses of a work)
  5. 4.2.3 Right to make a work perceptible or available
  • Basics of Copyright
  • 1. WHERE... is the work used and which national law is applicable?
  • 2. WHAT... is a protected work?
  • 3. WHO... owns the copyright in the work?
  • 4. WHICH... rights in the work are protected?
    • 4.1 The moral right of the author
    • 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
  • 5. HOW... may other people use a work?
  • 5b. HOW ... can other people use a work? - Contractual licenses
  • 6. AND... responsibility and sanctions?
  • 7. Copyright and social media

4.2.3 Right to make a work perceptible or available

Index FAQ

Authors have the right to recite, perform or present a work, or make it perceptible somewhere else or make it available directly or through any kind of medium in such a way that people may access it from a place and at a time individually chosen by them (Art. 10 para. 2 (c) CopA).

⇒ 'recite, perform, present, make perceptible':

Certain works of an author are meant to be made available to the public – for example, the author of a play wants to present the play on stage, a composer wants their music to be performed, a poet wants to recite their work, etc. Art. 10 para. 2 (c) CopA grants authors the exclusive right to present their work in these ways, either directly, e.g. stage performance, concert, exhibition, or indirectly with the help of technical media, e.g. video recording of a concert which is screened later at another place (cf. Hilty, Urheberrecht, 2011, 151).

⇒ 'make works available in such a way that people may access them from a place and at a time individually chosen by them':

This in particular includes the “on-demand right”. This is the right to make a work available on the Internet or in a database as a file that can be accessed by a user and made visible or audible on the user's device. This principally refers to the uploading of works, but also to making works available on demand. The author has the right to do everything that is needed to enable users to access their work (cf. Hilty, Urheberrecht, 2011, 152).

FAQ

4.2.3-1 Does the author of a video or a photo have the right to upload this video or photo to an Internet portal?

Yes, this is the author's exclusive right; according to Art. 10 para. 2 (c) CopA authors may make their work perceptible and available in such a way that people may access it at any time and from any place. This can also be done by uploading files (in this case, the video or the photo). At the same time, this is also an act of reproduction pursuant to Art. 10 para. 2 (a) CopA, because the video or photo is usually also saved on a server. The author is also permitted to do this.

4.2.3-2 May a student upload a video or photo produced by a third party (author) to an Internet portal?

As it is the exclusive right of the author to make a work available online, the student needs the consent of the author to do this (Art. 10 para. 2 (c) CopA).

Services

FAQ FAQs, developed from real cases, allow you to quickly find answers to everyday digital law questions.
Knowledge Base A detailed knowledge base provides you insights into various legal aspects, currently with a focus on copyright issues.
Training A vast choice of on- and offline trainings are available together with interactive case studies to work through.
Advising A team of legal experts with competences ranging from copyright to data protection and licensing agreements are available for your questions.

About


CCdigitallaw is a national Competence Center in Digital Law that supports Swiss Higher Education Institutions (students, academic and administrative staff) in dealing with legal questions related to the digitization process and the use of new media and technologies. To do so, the Center offers various services such as a detailed knowledge base, FAQs, a wide range of on- and offline training activities and an advising service.

Partners


CCdigitallaw has been created through a project funded by swissuniversities. The center is the result of a collaboration between the Università della Svizzera italiana (USI), University of Basel (UNIBAS), University of Neuchâtel (UNINE), University of Geneva (UNIGE), and the Conference of Swiss Libraries (CBU-KUB).

Contacts


The team of legal experts working for the Center will be more than happy to answer your questions personally, by e-mail, phone or chat.
  • e-mail: info@ccdigitallaw.ch
  • tel: +41586664930
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License

 swissuniversities.png

Disclaimer
de gb fr it

Cookies

This platform uses cookies for sessions, user support, analytics and user feedback. The session and user support cookies are necessary and cannot be disabled but you can opt out of the analytics and user feedback.
Analytics
User feedback