Best Copyright Lawyers in Arlesheim

About Copyright Law in Arlesheim, Switzerland

Copyright in Arlesheim is governed by Swiss federal law, not municipal law. The core statute is the Federal Act on Copyright and Related Rights, often called the Copyright Act or CopA. It protects literary and artistic works such as text, music, software, photography, film, visual art, architecture, and design. Protection arises automatically upon creation, without registration. Authors enjoy economic rights such as reproduction, distribution, making available online, and adaptation, as well as moral rights such as attribution and integrity. While federal rules apply uniformly, practical steps like enforcement, conciliation, and court proceedings take place through the cantonal authorities in Basel-Landschaft, with Arlesheim serving as a local venue for certain first-instance matters.

Why You May Need a Lawyer

Many people and businesses in Arlesheim seek legal help for practical issues such as licensing content for websites, apps, and marketing campaigns, responding to or sending cease-and-desist letters, negotiating publishing, music, software, photo, or design agreements, and resolving disputes over ownership, royalties, or infringement. A lawyer can help assess whether a use is permitted under statutory exceptions, draft or review licensing terms, calculate damages or negotiate settlements, and guide you through local procedures including conciliation and court filings. In employment and contractor settings, a lawyer can clarify who owns rights in works created on the job or under a mandate. For online issues, counsel can manage takedown requests with platforms and hosting providers, and coordinate cross-border enforcement when material is accessible from Switzerland.

Local Laws Overview

Key features of Swiss copyright law relevant in Arlesheim include:

- Automatic protection with no registration system. There is no public copyright register in Switzerland. Evidence of creation and authorship is maintained through contracts, timestamps, deposit copies, and technical logs.

- Works protected include text, music, audiovisual works, photography, software, fine art, architecture, and applied art. Switzerland also protects photographs that lack individual character, subject to specific conditions.

- Duration of protection is generally 70 years after the death of the author. For computer programs, the term is 50 years after the death of the author. Related rights for performers and phonogram producers have their own statutory terms.

- Moral rights protect attribution, integrity of the work, and the right of first publication. Moral rights cannot be transferred but may be waived to a limited extent by contract.

- Economic rights can be licensed or assigned. There is no general work-made-for-hire doctrine. A special rule applies to computer programs created by employees in the course of their duties, where the employer holds the economic rights unless agreed otherwise. For other works created by employees, rights generally remain with the author unless contractually assigned, though the employer will typically have an implied license to use the work as needed to fulfil the employment purpose.

- Exceptions and limitations include private use within a circle of closely connected persons, quotation for commentary or review, educational uses under conditions, freedom of panorama for works permanently situated in public places, library and archive uses, and temporary technical copies. Technical protection measures are protected in their own right and circumvention is restricted. Computer programs have narrower exceptions than other works.

- Enforcement tools include injunctive relief, removal and destruction of infringing copies, damages or surrender of profits, publication of judgments, and criminal sanctions for certain intentional infringements. Claims for damages are generally subject to a 3-year limitation from discovery and a 10-year absolute limit, while injunctive relief is typically not time-barred in the same way.

- Online environment. Switzerland does not have the US DMCA system. Hosting providers notified of specific infringements are expected to act and, under modern rules, take proportionate measures to prevent the same illegal content from reappearing once identified. Platforms also enforce their own terms of service.

- Collective rights management. In Switzerland, many uses are licensed via collecting societies that are supervised by the federal authority. Typical examples include public performance of music, reprography, cable retransmission, and private copying levies.

- Proceedings in Arlesheim and Basel-Landschaft. Civil copyright disputes normally start with a mandatory conciliation phase before the local conciliation authority, unless an exception applies. Court competence in Basel-Landschaft includes the district-level civil court with jurisdiction over the Arlesheim area and the cantonal court for appeals. Criminal complaints are handled by the cantonal public prosecutor. Border measures can be requested from federal customs authorities to detain infringing goods.

- Language and evidence. Proceedings in Basel-Landschaft are conducted in German. Keep clear records of creation, licenses, invoices, emails, and version histories to support your position.

Frequently Asked Questions

Do I need to register my copyright in Switzerland

No. Protection is automatic when a work is created and expressed in a perceptible form. Since there is no register, keep dated drafts, files, and contracts to prove authorship and scope of rights.

What exactly is protected and what is not

Protected works include text, music, film, software, photographs, visual art, architecture, and design. Ideas, concepts, methods, pure data, and facts are not protected, though the selection or arrangement of data can be protected if individually shaped. Switzerland does not have a sui generis database right separate from copyright.

How long does copyright last

Most works are protected for 70 years after the author dies. For computer programs, the term is 50 years after the death of the author. Anonymous or pseudonymous works and related rights have specific rules on duration.

Can I use images or music I find online if I credit the source

Not necessarily. Credit alone does not replace permission. You must have a license or rely on a statutory exception. Check the license terms, such as Creative Commons, and comply with attribution and any non-commercial or share-alike conditions.

Is private copying allowed in Switzerland

Private use within a circle of persons closely connected, such as family or close friends, is generally allowed. There are important limits, including for computer programs and for uses that go beyond private circles. Devices and storage media are subject to a private copying levy that is administered by collecting societies.

Who owns rights in works created by employees or contractors

As a rule, the author owns the rights unless agreed otherwise. A special rule applies to computer programs created by employees in the course of their employment, where the employer holds the economic rights. For contractors, ownership and license scope should be clearly set out in the contract.

What is freedom of panorama in Switzerland

You may reproduce and distribute images of works that are permanently located in public places, such as buildings or sculptures in public streets or squares, subject to conditions. This does not automatically cover all uses, and trademark or personality rights may also apply.

How do I handle an online infringement affecting my business in Arlesheim

Collect evidence with timestamps and URLs, identify the host or platform, send a clear notice with all relevant facts and rights claims, and request removal. Consider parallel steps against the uploader, domain owner, or marketplace seller. If needed, seek court injunctions and work with customs for physical imports.

What should I do if I receive a cease-and-desist letter

Do not ignore it. Note deadlines, avoid admissions before legal review, preserve evidence, and consult a lawyer. Many matters can be resolved by clarifying rights, narrowing uses, or negotiating a license and undertaking.

How are AI training, data mining, and scraping treated

Swiss law does not include a broad text-and-data-mining exception like some other jurisdictions. Large-scale copying for training may require licenses unless an exception applies, which is context dependent. Data protection, contracts, and platform terms also matter. Obtain legal advice before proceeding.

Additional Resources

- Swiss Federal Institute of Intellectual Property, the federal authority supervising collecting societies and publishing guidance on copyright.

- Swiss collecting societies: SUISA for music performing and mechanical rights, ProLitteris for text and images, SSA for dramatic and audiovisual authors, Suissimage for film and television authors, SWISSPERFORM for performers and producers.

- Federal Office for Customs and Border Security for border measures against infringing goods.

- Basel-Landschaft conciliation authority for the Arlesheim district for mandatory conciliation in civil matters.

- Zivilkreisgericht Basel-Landschaft West in Arlesheim, and the Cantonal Court of Basel-Landschaft for appeals.

- Public Prosecutor of Basel-Landschaft for criminal complaints relating to intentional infringement.

- WIPO Arbitration and Mediation Center and the Swiss Arbitration Centre for alternative dispute resolution in IP matters.

Next Steps

- Map your rights and goals. Identify what you created, when, and under what contracts. Decide whether you need to stop an infringement, obtain a license, or monetize your portfolio.

- Gather evidence. Keep originals, drafts, source files, metadata, version histories, screenshots, and invoices. Document dates and counterparties.

- Check contracts and licenses. Review employment agreements, contractor terms, agency and publishing deals, platform terms of service, and prior permissions.

- Consider collective licensing. For uses like public music performance or reprography, contact the relevant collecting society to obtain the correct license.

- Try resolution first. Many Swiss civil cases require conciliation before court. A lawyer can prepare a proposal, attend conciliation in Arlesheim, and aim for settlement.

- Enforce when needed. Your lawyer can draft a cease-and-desist letter, seek interim injunctions, file civil claims in the competent court in Basel-Landschaft, and coordinate with customs for border measures.

- Mind deadlines. Damages claims are generally subject to a 3-year limitation from when you knew of the damage and the liable person, with a 10-year absolute limit. Do not delay seeking advice.

- Choose local-qualified counsel. Work with a Swiss lawyer familiar with copyright and the procedures of the Basel-Landschaft authorities. Proceedings will be in German, so plan for translation if necessary.

This guide provides general information only. For advice on your specific situation in Arlesheim, consult a qualified Swiss copyright lawyer.