Note that this is now available in English and is quite positive: https://www.ige.ch/en/service/frequently-asked-questions/copyrights/public-d...
A few answers, summarized elsewhere by Daniel:
Answer 2d: Metadata are not protected by copyright in Switzerland; as there is no sui-generis database protection in Switzerland, collections of metadata are not encumbered by any intellectual property rights.
Answer 4: "The individuality required for copyright protection is commonly lacking for reproductions which are as true as possible to the original. [...] Whether a work is two or three-dimensional is irrelevant."
Answer 11: "If a person or institution knows that a work is in the public domain and still claims copyright to it, this is so-called intentional deception. If, for example, a licence contract for a public domain work is subsequently signed, this contract would not be binding on the deceived person if he stated before a court that he is not in agreement with the contract. If someone knowingly claims copyright remuneration for public domain works, this is usually viewed as unjust enrichment. In such cases, the remuneration received would have to be paid back."
FYI- Luis
On Wed, Feb 19, 2014 at 11:58 AM, Daniel Boos boos@pong.ch wrote:
Dear Amgine
Thanks a lot for your feedback and interest in the FAQ. As already written in my e-mail below, they will translate it.
Best Daniel
Am 18.02.2014 21:47, schrieb Amgine:
It would be useful if the Swiss Intellectually Property Institute were
to present this FAQ also in French and Italian, as these are also official languages of CH.
Amgine
On 18 Feb 2014, at 10:03, Luis Villa lvilla@wikimedia.org wrote:
Interesting example of small but real progress in educating by
persuading government agencies to discuss facts that are important to us but not normally something they think about.
Luis
---------- Forwarded message ---------- From: Daniel Boos boos@pong.ch Date: Sat, Feb 15, 2014 at 6:37 AM Subject: [communia-associates] Offical Public Domain FAQ from
Switzerland
To: communia-associates@lists.communia-association.org
Hi all
Last year we kindly asked the Swiss Intellectual Property Institute to write an FAQ (Frequently Asked Questions) on questions concerning the Public Domain. They were supportive of our idea.
Last week they published their answers (in German):
https://www.ige.ch/service/haeufige-fragen/urheberrecht/public-domain.html
Unfortunately they are in German. IPI/IGE will translate the FAQ and add some answers about international matters. Some of the answers have implications for archives, museums or libraries in Switzerland. For example the FAQ makes clear:
- when works are not protected by copyright in Switzerland (e.g need for
some individual creativity (geistige Schöpfung ohne Individualität), official protocolls and reports, scientific data, after 70 years (death of author or if author is not known 70 years after publication), many everyday photos)
what one can do with works in the public domian
that the digitalization of a work usually does not create new
intellectual property rights
- circumstances, when it is allowed to break DRM protecting public
domain works.
- it does not matter, if a work is published or not. They all fall in
the public domain 70 years after the death of the author
- ...
It also contains a nice definition in about what the public domain is. I think it is important to have such a FAQ on the webpage of the official agency for intellectual property matters in Switzerland. It is probably the only FAQ on their side describing what is not protected by
copyright.
I wrote a short article on the Digitale Allmend Blog. http://allmend.ch/2014/02/ige-veroffentlicht-faq-zu-public-domain/
Please distribute it to those that might be interested.
The Swiss Intellectual Property Institute welcomes feedback. We might discuss it on the list. If you wish, Beat Estermann and I can report
back.
Best regards Daniel Boos _______________________________________________ Communia-associates mailing list Communia-associates@lists.communia-association.org
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