- Basics of Copyright
- 1. WHERE... is the work used and which national law is applicable?
- 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?
2.1.2 Individual character
The most difficult condition to determine for the copyright protection of a work is probably its individual character, because this always depends on the individual case. The work itself (and not the author) must show a certain degree of individuality or originality. This means it must stand out from what is considered usual and common. As a reference point, you should ask whether other people would have created something similar when given the same task. If this is the case, then there is a lack of individuality and the work does not fall under copyright protection.
For example, the creation of a telephone book
– it generally lacks any individuality as phone books are structurally
similar and do not require any creative "input"; this is also the case
for the pharmacopoeia, a written record with legally prescribed medical
and patient information – in this case, it does not have any individual
character. If others had edited the pharmacopoeia, they would have
designed it in a similar way, always in in accordance with particular
scientific or medical regulations (cf. BGE 134 III 166, 172).