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  1. English
  2. Copyright
  3. 5. HOW... may other people use a work?
  4. 5.2 Private use
  • 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?
  • 5. HOW... may other people use a work?
    • 5.1 How does the law compensate the encroachment of the author's exclusive right?
    • 5.2 Private use
      • 5.2.1 Private use in the personal sphere
      • 5.2.2 Private use for educational purposes
      • 5.2.3 Professional use
      • 5.2.4 Copies made by a third party
      • 5.2.5 Counter exceptions to the copyright limiting provisions (exceptions to the exceptions)
    • 5.3 Archive and backup copies
    • 5.4 The temporary copying of a work
    • 5.5 Restriction for scientific research
    • 5.6 The right of quotation
    • 5.7 Use of orphan works
    • 5.8 Use of works by people with disabilities
    • 5.9 Works on premises open to the public
    • 5.10 Collecting Societies
    • 5.11 Reporting current events
  • 5b. HOW ... can other people use a work? - Contractual licenses
  • 6. AND... responsibility and sanctions?
  • 7. Copyright and social media

5.2 Private use

Index Good to know

Copyright law provides for a reconciliation of the author's interests and those of the general public from a social point of view. On the one hand, the author's exclusive right to decide whether, how and when their work is used is protected (Art. 10 CopA); however, on the other hand, the public needs to be able to use published works as freely as possible. The limiting provision of private use, which is divided into

  • private use in the personal sphere or in a private circle (Art. 19 para. 1(a) CopA),
  • private use for educational purposes (Art. 19 para. 1(b) CopA), and
  • private use for professional purposes (Art. 19 para. 1(c) CopA).

Each of these sub-areas includes a particular circle of users, a particular purpose, as well as permitted acts of exploitation which lead in part to the obligation to provide remuneration.

Private use facilitates every use which is impossible to check (e.g. copying of works for personal private use) and which should also not be checked for the purposes of protecting the user’s privacy. The author must tolerate the legally permitted private use; however, they receive partial remuneration for this. Thus, the collecting society ProLitteris receives income from the copying of protected works by users. This is then distributed to the authors who are its members, in accordance with a particular calculation key pursuant to Section 15 of the Distribution Regulations of ProLitteris.



Good to know

The Copyright Act is designed to be technology-neutral

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. for example, a printed copy is made or a digital copy is scanned or uploaded, etc. (decision of the Swiss Federal Supreme Court – BGE – 133 III 481; Barrelet/Egloff, Urheberrecht, 3rd edition, 2008, Art. 10 N. 7a).

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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.
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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.

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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).

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  • e-mail: info@ccdigitallaw.ch
  • tel: +41586664930
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