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  1. English
  2. Copyright
  3. 4. WHICH... rights in the work are protected?
  4. 4.2 Property right (uses of a work)
  • 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?
    • 4.1 The moral right of the author
    • 4.2 Property right (uses of a work)
      • 4.2.1 Right of reproduction
      • 4.2.2 Right to distribute
      • 4.2.3 Right to make a work perceptible or available
      • 4.2.4 Right to broadcast, right to retransmit and right to make a work publicly perceptible
  • 5. HOW... may other people use a work?
  • 5b. HOW ... can other people use a work? - Contractual licenses
  • 6. AND... responsibility and sanctions?
  • 7. Copyright and social media

4.2 Property right (uses of a work)

Index FAQ

Pursuant to Art. 10 para. 1 CopA, authors have the exclusive right to decide whether, when and how their work is used. This refers to the author's property right – only authors can decide on the (commercial) use of their work.

This right gives authors the opportunity to earn some money with their work, although they do not necessarily have to make a profit. By the same token, authors can use their work non-commercially (e.g. for social, cultural or church-related purposes). Finally, the fact that a work is used is what gives authors the opportunity to make their work available to a circle of users.

In contrast to the moral right, authors can assign this property right to third parties (Art. 16 para. 1 CopA).

But when is the work 'used' (or 'exploited')? The law does not provide an exact definition for this, but rather lists examples of different uses of a work (Art. 10 para. 2 CopA) that are available to authors:

  • Reproducing a work, Art. 10 para. 2 (a) CopA
  • Distributing a work, Art. 10 para. 2 (b) CopA
  • Making a work perceptible or available, Art. 10 para. 2 (c) CopA
  • Broadcasting a work, Art. 10 para. 2 (d) CopA
  • Retransmitting a work, Art. 10 para. 2 (e) CopA
  • Making a work perceptible to the public, Art. 10 para. 2 (f) CopA
As the uses of a work are technology-neutral, the law also covers new possibilities of use (that are not yet known).

FAQ

4.2-1 What is the difference between the author’s moral right and property right?

The property right comprises the right to use the work and can be assigned partially or in full to third parties. The moral right protects the author’s personal relationship to the work and cannot be assigned. Even if an author assigns the property right in full to a third party, the author retains the moral right and can claim the rights associated with this moral right.

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CCdigitallaw is a national Competence Center in Digital Law that supports Swiss Higher Education Institutions (students, academic and administrative staff) in dealing with legal questions related to the digitization process and the use of new media and technologies. To do so, the Center offers various services such as a detailed knowledge base, FAQs, a wide range of on- and offline training activities and an advising service.

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CCdigitallaw has been created through a project funded by swissuniversities. The center is the result of a collaboration between the Università della Svizzera italiana (USI), University of Basel (UNIBAS), University of Neuchâtel (UNINE), University of Geneva (UNIGE), and the Conference of Swiss Libraries (CBU-KUB).

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  • e-mail: info@ccdigitallaw.ch
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