Copyright Law Of Switzerland
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Copyright Law Of Switzerland
The copyright law of Switzerland is based on the concept of "author's rights" (''Urheberrecht'' in German, ''droit d'auteur'' in French, ''diritto d'autore'' in Italian), which is similar to the French copyright law, instead of the concept of copyright used in common law jurisdictions. The current copyright law of Switzerland is the ''Swiss Federal Copyright Act of 1992'', which dates from October 9, 1992 and has only seen minor revisions since then. In October 2007, a revision was approved in order to implement the WIPO Copyright Treaty in the act, a process started in 2004 with the release by the Swiss Federal Council of a draft project. Copyrights in Swiss law last for 70 years after the death of the author (50 years after the death of the author for computer programs). All "works" in the sense of the law, i.e. "creations of the mind, literary or artistic, that have an individual character"
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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Switzerland In The Napoleonic Era
During the French Revolutionary Wars, the revolutionary armies marched eastward, enveloping Switzerland in their battles against Austria. In 1798, Switzerland was completely overrun by the French and was renamed the Helvetic Republic. The Helvetic Republic encountered severe economic and political problems. In 1798 the country became a battlefield of the Revolutionary Wars, culminating in the Battles of Zürich in 1799. In 1803 Napoleon's Act of Mediation reestablished a Swiss Confederation that partially restored the sovereignty of the cantons, and the former tributary and allied territories of Aargau, Thurgau, Graubünden, St. Gallen, Vaud and Ticino became cantons with equal rights. The Congress of Vienna of 1815 fully re-established Swiss independence and the European powers agreed to permanently recognise Swiss neutrality. At this time, the territory of Switzerland was increased for the last time, by the new cantons of Valais, Neuchâtel and Geneva. The Restoration, th ...
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Ständerat
The Council of States (german: Ständerat, french: Conseil des États, it, Consiglio degli Stati, rm, Cussegl dals Stadis) is the upper house of the Federal Assembly of Switzerland, with the National Council being the lower house. It comprises 46 members. Twenty of the country's cantons are represented by two Councillors each. Six cantons, traditionally called "half cantons", are represented by one Councillor each for historical reasons. These are Obwalden, Nidwalden, Basel-Stadt, Basel-Landschaft, Appenzell Ausserrhoden and Appenzell Innerrhoden. The Councillors serve for four years, and are not bound in their vote to instructions from the cantonal authorities. Electoral system Under the Swiss Federal Constitution, the mode of election to the Council of States is left to the cantons, the provision being that it must be a democratic method. All cantons now provide for the councilors to be chosen by popular election, although historically it was typically the cantons' legis ...
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Swiss Parliament
The Federal Assembly (german: Bundesversammlung, french: Assemblée fédérale, it, Assemblea federale, rm, Assamblea federala), also known as the Swiss parliament (''Parlament'', ''Parlement'', ''Parlamento''), is Switzerland's federal legislature. It meets in Bern in the Federal Palace. The Federal Assembly is bicameral, being composed of the 200-seat National Council and the 46-seat Council of States. The houses have identical powers. Members of both houses represent the cantons, but, whereas seats in the National Council are distributed in proportion to population, each canton has two seats in the Council of States, except the six ' half-cantons', which have one seat each. Both are elected in full once every four years, with the last election being held in 2019. The Federal Assembly possesses the federal government's legislative power, along with the separate constitutional right of citizen's initiative. For a law to pass, it must be passed by both houses. The tw ...
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WIPO Performances And Phonograms Treaty
The WIPO Performances and Phonograms Treaty (or WPPT) is an international treaty signed by the member states of the World Intellectual Property Organization and was adopted in Geneva on 20 December 1996. It came into effect on 20 May 2002. As of August 2021, the treaty has been 109 contracting parties. WPPT was adopted with an objective to develop and maintain the protection of the rights of performers and producers of phonograms in a manner as effective and uniform as possible. This treaty would not disturb the existing obligations that Contracting Parties have to each other under the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations done in Rome, 26 October 1961 (Rome Convention). Articles 18 and 19 of the WPPT provide similar obligations for performers and producers of phonograms to contracting states as provided under Articles 11 and 12 of the WCT. The Digital Millennium Copyright Act is the United States's imple ...
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WIPO Copyright Treaty
The World Intellectual Property Organization Copyright Treaty (WIPO Copyright Treaty or WCT) is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides additional protections for copyright to respond to advances in information technology since the formation of previous copyright treaties before it. As of August 2021, the treaty has 110 contracting parties. The WCT and WIPO Performances and Phonograms Treaty, are together termed WIPO "internet treaties". History During the earlier stages of negotiations, the WCT was seen as a protocol to the Berne Convention, constituting an update of that agreement since the 1971 Stockholm Conference.Mort SA, 'The WTO, WIPO & the Internet: Confounding the Borders of Copyright and Neighboring Rights' (1997–98) 8 Fordham Intell Prop Media & Ent LJ 173. However, as any amendment to the Berne Convention required unanimous consent of all parties, the WCT was c ...
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WIPO
The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020. WIPO's activities include hosting forums to discuss and shape international IP rules and policies, providing global services that register and protect IP in different countries, resolving transboundary IP disputes, helping connect IP systems through uniform standards and infrastructure, and serving as a general r ...
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Berne Convention For The Protection Of Literary And Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, crossing border system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are being referred to as copyright. The United States became a party in 1989. As of November 2022, the Berne Convention has been ratified by 181 states out of 195 countries in the world, most of which are also parties to the Paris Act of 1971. The Berne Convention introduced the concept that pro ...
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Solothurn
Solothurn ( , ; french: Soleure ; it, Soletta ; rm, ) is a List of towns in Switzerland, town, a Municipalities of Switzerland, municipality, and the Capital (political), capital of the canton of Solothurn in Switzerland. It is located in the north-west of Switzerland on the banks of the Aare and on the foot of the Weissenstein Jura mountains. The town is the only municipalities of Switzerland, municipality of the Solothurn (district), district of the same name. The town got its name from Salodurum, a Roman-era settlement. From 1530 to 1792 it was the seat of the France, French ambassador (diplomacy), ambassador to Switzerland. The pedestrian-only old town was built between 1530 and 1792 and shows an impressive array of Baroque architecture, combining Italian Grandezza, French style, and Swiss ideas. The town has eighteen structures listed as heritage sites. The official language of Solothurn is (the Swiss variety of Standard) Swiss Standard German, German, but the main spoken ...
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