- 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?
5.3.1 Archive copies
Pursuant to Art. 24 para. 1 CopA, one copy of a work may be made to ensure that it is preserved. The consent of the author or other owners of rights is not required, and no remuneration is owed. The purpose of the limiting provision of Art. 24 para. 1 CopA is to preserve original works. To this end, copies may be made. The limitation only applies to published works, to which the users of work have had legitimate access. Therefore, the archive copy of a pirated copy is illegal. The circle of users is not limited pursuant to the law. However, other more specific limiting regulations apply for particular circles of users. The archive copies must be identified as such and they or the copied work must be stored in an archive that is not accessible to the public.
However, as long as other copies of the work can be purchased without unreasonable additional expense, one cannot refer to this limitation. Instead, a further copy of the work in question must be purchased.