[Advocacy Advisors] Fwd: Official Public Domain FAQ from Switzerland

Tue Mar 11 22:22:20 UTC 2014

Note that this is now available in English and is quite positive:
https://www.ige.ch/en/service/frequently-asked-questions/copyrights/public-domain.html

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 at 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 at 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 at pong.ch>
> >> Date: Sat, Feb 15, 2014 at 6:37 AM
> >> Subject: [communia-associates] Offical Public Domain FAQ from
> Switzerland
> >> To: communia-associates at 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 at lists.communia-association.org
> >>
> https://lists.communia-association.org/cgi-bin/mailman/listinfo/communia-associates
> >>
> >>
> >>
> >> --
> >> Luis Villa
> >> Deputy General Counsel
> >> Wikimedia Foundation
> >> 415.839.6885 ext. 6810
> >>
> >> NOTICE: This message may be confidential or legally privileged. If you
> have received it by accident, please delete it and let us know about the
> mistake. As an attorney for the Wikimedia Foundation, for legal/ethical
> reasons I cannot give legal advice to, or serve as a lawyer for, community
> members, volunteers, or staff members in their personal capacity.
> >> _______________________________________________
> >> Advocacy_Advisors mailing list
> >> Advocacy_Advisors at lists.wikimedia.org
> >> https://lists.wikimedia.org/mailman/listinfo/advocacy_advisors
>
>
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-- 
Luis Villa
Deputy General Counsel
Wikimedia Foundation
415.839.6885 ext. 6810

NOTICE: *This message may be confidential or legally privileged. If you
have received it by accident, please delete it and let us know about the
mistake. As an attorney for the Wikimedia Foundation, for legal/ethical
reasons I cannot give legal advice to, or serve as a lawyer for, community
members, volunteers, or staff members in their personal capacity.*
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