- 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?
- 5b. HOW ... can other people use a work? - Contractual licenses
- 6. AND... responsibility and sanctions?
Only those works referred to in Art. 2 CopA are protected. This means the user is free, subject to other legal restrictions, to make available content which is not covered under the description of a work.
In principle, the author has a monopoly on the use of their work. However, the law provides for various exceptions which are intended to resolve any conflicts which may arise between the guaranteed right to own property (on which copyright law is based) and other constitutional rights (Salvadé V., Droit de l’auteur et technologies de l’information et de la communication [Copyright and Information and Communication Technologies], Schulthess, Geneva, Zurich, Basel, 2015, p. 9). In terms of social media, the exception regarding private use may come into play in certain situations. In fact, the use of a protected work that has been published is authorised in the case of any use for personal purposes or within a group of closely connected people as well as any use of works for educational purposes. A user who shares a work on social media solely within a group of closely connected people or as a teacher as part of a lesson would not therefore be in breach of copyright (Ruedin P. E. in: de Werra/Guilliéron (ed.), CoRo, Propriété intellectuelle [Intellectual Property] p. 182).