Best Copyright Lawyers in Dornach

About Copyright Law in Dornach, Switzerland

Copyright in Dornach is governed by Swiss federal law, so the same rules apply across all cantons, including the canton of Solothurn. The Swiss Federal Act on Copyright and Related Rights protects original literary and artistic works such as text, music, photographs, films, software, visual art, architecture, and more. Protection arises automatically as soon as a work is created and fixed in some form. There is no official government registration for copyright in Switzerland.

Copyright gives creators economic rights such as reproduction, distribution, making available online, public performance, and adaptation, as well as moral rights to be named as the author and to object to derogatory modifications. Neighboring rights protect performers, producers, and broadcasters. In practice, individuals and businesses in Dornach encounter copyright when creating content, using music or images in public or online, commissioning creative work, or distributing products and services that include protected content.

Why You May Need a Lawyer

You may need legal help when you receive or must send a cease-and-desist letter alleging infringement, when you want to license music for a shop, studio, or event in Dornach, or when you plan to use images, videos, or text on your website or social channels. A lawyer can structure clear contracts for freelancers, employees, and collaborators, so rights are properly assigned and moral rights are respected. If you develop software or multimedia content, legal counsel can clarify who owns the rights under Swiss employment rules and how to license your work to clients.

Businesses often need guidance on tariffs and licenses from Swiss collecting societies for background music, live events, or film screenings. Creators may need help with royalty collection, registration with collecting societies, or enforcement of rights online and offline. If your matter crosses borders, which is common around Dornach given its proximity to Basel and neighboring countries, a lawyer can coordinate strategies with foreign counsel. Should a dispute escalate, counsel can represent you before the Solothurn civil courts, seek preliminary injunctions, and calculate damages or a fair-license fee to resolve the case.

Local Laws Overview

Swiss law is set out primarily in the Federal Act on Copyright and Related Rights and its ordinance. Switzerland follows international treaties such as the Berne Convention, WIPO treaties, and TRIPS. Key points include automatic protection without formalities, strong moral rights, and a system of specific statutory exceptions rather than a general fair-use rule.

Term of protection for most works is life-plus-70 years. Computer programs are protected for life-plus-50 years. Simple photographs that lack individual character have a related right with 50-year protection from creation. Performers and producers enjoy neighboring rights with long terms, and broadcasters have specific protections.

Employment and commissioning rules matter. As a default, the author owns the rights, even if paid, unless rights are assigned in writing. There is a special rule for software created by employees, where the employer acquires the exclusive rights unless agreed otherwise. Joint authorship requires joint decisions about exploitation, so co-creator agreements are important.

Switzerland provides exceptions for private copying within a narrow private circle from lawfully acquired sources, quotation with proper attribution to the extent necessary, reporting of current events, teaching and research under specific conditions, libraries and archives, and uses for persons with disabilities. Circumventing technological protection measures is generally prohibited. If an exception applies but technical measures prevent lawful use, the law foresees mechanisms to enable that use without undermining protection.

Licensing for public performance and communication to the public is often managed by collecting societies. SUISA licenses music for background use in shops, restaurants, studios, and events under common tariffs approved by the Federal Arbitration Commission for Copyright and Related Rights. SUISSIMAGE handles many audiovisual rights, SSA focuses on dramatic and audiovisual authors, ProLitteris covers literary and visual art rights including reprography, and SWISSPERFORM represents performers and producers. The Arbitration Commission approves tariffs and resolves tariff disputes.

Enforcement options include civil actions in the competent Solothurn courts for injunctions, removal, information and accounting, damages, disgorgement of profits, and delivery up of infringing goods. Criminal provisions apply to intentional infringement, especially on a commercial scale. Customs measures can be requested to stop import or export of pirated goods. Limitation periods and evidentiary rules can be outcome-determinative, so early advice is important.

Switzerland recognizes freedom of panorama, allowing the capture and use of images of works permanently located in public places, subject to conditions and without infringing other rights such as privacy, trademarks, or building access rules.

Frequently Asked Questions

Do I need to register my copyright in Dornach

No. Copyright protection in Switzerland is automatic when an original work is created. There is no federal registration system. Creators often use contracts, timestamps, deposits with a notary, or trusted digital time-stamping services to document authorship and dates.

How long does copyright last

For most works it lasts for the life of the author plus 70 years. For computer programs it is life plus 50 years. For simple photographs without individual character there is a related right that lasts 50 years from creation. Different neighboring rights have their own terms.

Can I play background music in my Dornach shop without a license

No. Public performance and communication to the public typically require a license. In Switzerland, SUISA administers common tariffs for background music and broadcasting in business premises. The correct tariff depends on factors such as floor space and the type of use. A lawyer or SUISA can help determine the right license.

What is allowed under private copying

Private copying allows individuals to make copies for their own use and within a small circle of closely connected persons, generally from lawfully acquired sources. It does not allow public sharing, commercial use, or uploading to file sharing networks. Circumventing copy protection is prohibited.

Who owns works created by employees or freelancers

As a default, the author owns the rights. For employee-created software, the employer acquires the exclusive rights unless agreed otherwise. In all other cases, ownership must be transferred by contract. Businesses should include clear IP clauses addressing economic rights, moral rights, deliverables, and third-party materials.

Can I use photos of buildings and public art taken in Dornach

Switzerland recognizes freedom of panorama for works permanently located in public places, which allows you to photograph and use such images within legal limits. You must still respect privacy, trademarks, and any restrictions on access or commercial use imposed by property owners or event organizers. Always check if a venue has specific policies.

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

Do not ignore it, but do not admit liability or rush to sign undertakings. Preserve evidence, check the claims, and consult a Swiss copyright lawyer promptly. A lawyer can assess infringement, exceptions, and license history, and can negotiate a practical solution or defend the claim if appropriate.

How are damages calculated in Switzerland

Civil remedies include injunctions, removal and destruction of infringing goods, information claims, damages, and disgorgement of profits. Where exact damage is hard to prove, courts often use a license-fee analogy to estimate compensation. Contract terms and tariff rates can influence the outcome.

Do I need permission to use content I found online

Yes, unless a statutory exception applies or the content is clearly licensed for your intended use. Online availability does not mean free use. Check the license terms, contact the rights holder, or obtain a license from a collecting society. Keep records of permissions.

How do I license music or video for an event in Dornach

Identify the repertoire and the type of use, then contact the relevant collecting societies. SUISA typically handles music, SUISSIMAGE and SSA cover many audiovisual rights, and SWISSPERFORM covers performers and producers. For complex uses, a lawyer can coordinate multi-society licensing and ensure venue contracts are aligned.

Additional Resources

Swiss Federal Institute of Intellectual Property IPI for guidance on copyright, neighboring rights, and border measures.

Federal Arbitration Commission for Copyright and Related Rights for information on common tariffs and tariff disputes.

SUISA the Cooperative Society of Music Authors and Publishers for music performance and broadcasting licenses.

ProLitteris for literary, scientific, and visual arts rights and reprography matters.

SSA Societe Suisse des Auteurs for dramatic and audiovisual authors.

SUISSIMAGE for audiovisual authors and producers.

SWISSPERFORM for performers and producers of sound recordings and audiovisual fixations.

Solothurn Bar Association for referrals to local lawyers experienced in intellectual property.

Solothurn civil courts information services for procedural guidance on civil filings and injunctions.

Next Steps

Clarify your goal, whether it is to get permission, stop an infringement, monetize your work, or reduce legal risk. Gather all relevant materials such as copies of the work, creation files, dates, contracts, invoices, emails, screenshots, and any licenses. Avoid public statements that could harm your position. If you need to use music, images, or video, determine whether a collecting society license fits your use and budget, and secure it before use. If you face a dispute, contact a copyright lawyer in or near Dornach to assess your rights, available exceptions, and the best strategy. Ask about timing, costs, and the possibility of negotiated solutions or mediation. In urgent cases, discuss provisional measures with your lawyer. Keep thorough records of all decisions and permissions so you can demonstrate due diligence in the future.

This guide provides general information and is not legal advice. For advice tailored to your situation in Dornach, consult a qualified Swiss copyright lawyer.