[OpenGLAM] Swiss Public Domain FAQ

Tue Mar 11 00:51:32 UTC 2014

Excellent idea!  Bravo!  I'll certainly share that across my social media :)

Regards,
Laurel L. Russwurm

On 03/10/2014 12:08 PM, Estermann Beat wrote:
>
> Dear all,
>
> The Swiss Federal Institute of Intellectual Property has published a 
> Public Domain FAQ.
>
> The questions had been gathered by Daniel Boos from Digitale Allmend 
> and myself, complemented by inputs from several members of the 
> international GLAM-Wiki community, as some of you may remember. -- 
> Thanks a lot for your inputs!
>
> The FAQ is an initiative to focus official communication by Swiss 
> authorities about copyright law not only on its restrictive aspects, 
> but also on the Public Domain and the rights it confers to everybody 
> to re-use creative works.
>
> The FAQ can be found here:
>
> https://www.ige.ch/en/service/frequently-asked-questions/copyrights/public-domain.html
>
> Of most interest from an OpenGLAM perspective are the following points:
>
> -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."
>
> I think it would be great if intellectual property offices in other 
> countries followed suit and published their own FAQ!
>
> Best regards,
>
> Beat
>
> _____________________________________________________
>
> Beat Estermann
> Research Associate
>
> Berne University of Applied Sciences
> E-Government Institute
> Morgartenstrasse 2a
> Postfach 305
> CH-3000 Bern 22
>
> beat.estermann at bfh.ch <mailto:beat.estermann at bfh.ch>
> www.e-government.bfh.ch <http://www.e-government.bfh.ch>
>
> Phone +41 31 848 34 30
> Phone (direct number) +41 31 848 34 38
> Fax +41 31 848 34 31
>
>
>
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-- 
Laurel L. Russwurm, Author <http://laurel.russwurm.org/blogs/> § 
about.me <http://about.me/laurelrusswurm> § Libreleft Books 
<http://libreleft.com>
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