- 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?
- 5b. HOW ... can other people use a work? - Contractual licenses
- 6. AND... responsibility and sanctions?
5.2.4 Copies made by a third party
Within the scope of private use in the personal sphere or in a private circle, private use for educational purposes and professional use, it is often the case that users of works do not copy the work themselves but instead have it done by a third person (e.g. a library, a copy shop, etc.). This is permitted and regulated by law (Art. 19 para. 1 in conjunction with Art. 19 para. 2 CopA). As the Copyright Act is technology-neutral, it makes no difference which technology is used to make the copies. The third party may also send the copies to the users in a technically-neutral manner, both by post or digitally (BGE 140 III 622). Pursuant to Art. 19 para. 2 CopA, basic provision of photocopiers is also permitted so that a user of a work can produce the desired copies for their own private use.
Scope of copying when self-copying on library photocopiers
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 profit any longer in concrete terms from the applicable special privileged status of the permitted complete copying. In this way, the limitations regarding the permitted scope also come into effect here, as in the case of private use for educational purposes and professional use (Art. 19 para. 3 CopA), whereby the copying of a complete work is not permitted.
The third party is bound by the user's request
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).
The limitations with regard to the permitted scope
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.
5.2.4-2 May a library send copies abroad?
No, the sending of copies abroad is not covered by the Joint Tariffs. In individual cases, the consent of the owner of rights would be required.Special case: the sending of a copy of a licensed work (e.g. article from a scientific e-journal) can also be permitted pursuant to the licence agreement.