- 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?
188.8.131.52 Obligation of remuneration for private use
In order to compensate an encroachment of the exclusive right of the author or the owner of rights in their work, the author may claim remuneration from the user.
However, this applies only in the case of private use for educational purposes and professional use (Art. 19 para. 1(b and c) in conjunction with Art. 20 para. 2 CopA); private use in the personal sphere or in a private circle is particularly privileged and results in no remuneration – apart from the blank media levy pursuant to Art. 20 para. 3 CopA (Art. 20 para. 1 CopA). These claims for remuneration may only be asserted by collecting societies (Art. 20 para. 4 CopA), as private use relates to statutory licences with collective exploitation.