Best Copyright Lawyers in Dornach

About Copyright Law in Dornach, Switzerland

Copyright in Dornach is governed by Swiss federal law, mainly the Swiss Copyright Act. This means the same rules apply across the country, regardless of the canton or municipality. Dornach is in the canton of Solothurn, and while local courts and authorities handle procedures, the substantive rules on what is protected, who owns rights, and how you can enforce them are set at the federal level.

Copyright protects literary, artistic, and scientific works from the moment they are created. There is no registration system in Switzerland. Protection covers texts, music, films, software, photographs, visual art, architecture, and more. Swiss law also protects related rights, such as performers rights and producers rights, and since 2020 even simple photographs without individual character enjoy protection.

In practical terms, if you create or use creative content in Dornach, Swiss copyright rules determine what you can do, what permissions you need, and how to respond if someone copies your work or if you are accused of infringement.

Why You May Need a Lawyer

People and businesses in Dornach seek copyright lawyers for many reasons. If you are a business owner who plays background music in a shop, runs a restaurant or bar, or hosts live events, you need to understand licensing and tariffs to stay compliant. If you are commissioning a website, software, logo, photographs, or marketing materials, you should ensure contracts clearly transfer or license the rights you need. If you are a photographer, artist, author, developer, or filmmaker, you may need help drafting licenses, negotiating with publishers or platforms, or enforcing your rights.

Lawyers are often engaged when online content is copied, when social media images are reused without permission, or when a platform removes your content after a takedown notice. Companies expanding into Switzerland often need advice on collective management tariffs and how to budget for music or video usage. Schools, cultural institutions, and startups seek guidance on exceptions for education and research, open source obligations, and data mining. In cross-border disputes typical in the Basel region, a lawyer can help select the right jurisdiction, secure evidence, and coordinate with foreign counsel.

Local Laws Overview

Automatic protection. Copyright arises automatically when a work is created in a tangible form. There is no registration office. Keeping drafts, timestamps, and contracts helps prove authorship and ownership if a dispute arises.

Protected subject matter. Swiss law protects works of literature and art that show individual character, including texts, software, music, films, photographs, visual art, choreography, architecture, and applied art. Collections and databases are protected if their selection or arrangement is creative, even though Switzerland has no sui generis database right. Since 2020, simple photographs without individual character also benefit from a related protection.

Duration. As a general rule, protection lasts 70 years after the death of the author. For computer programs, the term is 50 years after the author dies. Related rights have different terms, up to 70 years depending on the right. For simple photographs, protection typically lasts 50 years from creation.

Moral rights. Authors have moral rights, including the right to be named and to object to distortions of the work. Moral rights are not transferable, though they can be waived to some extent.

Ownership and employment. The author is the natural person who created the work. Economic rights can be transferred or licensed. A special rule applies to computer programs created in the course of employment, where the employer owns the economic rights by law unless agreed otherwise. For other works created by employees or contractors, ownership depends on contract terms. Without a clear agreement, the user typically only receives what is necessary for the purpose of the contract.

Licensing and collective management. Many uses are licensed by collective management organizations that apply approved tariffs. Common societies include SUISA for music, Suissimage for audiovisual works, ProLitteris for text and visual arts, SSA for dramatic and literary authors, and Swissperform for performers and related rights. Tariffs are approved by the Federal Arbitration Commission for Copyright Tariffs and are supervised by the Swiss Federal Institute of Intellectual Property.

Exceptions and limitations. Swiss law recognizes exceptions for private copying, quotation, teaching and research, libraries and archives, certain uses by people with disabilities, ephemeral recording by broadcasters, and certain technical copies. There is freedom of panorama for works permanently located in public spaces, subject to conditions. The 2020 revision introduced specific rules to enable text and data mining and to facilitate access to out-of-commerce works through institutions. Exceptions have boundaries, and some require compensation via tariffs.

Technological protection measures. Circumventing digital locks can be restricted even if the use would otherwise fall under an exception. Seek advice before circumventing protection measures.

Enforcement. Rights holders can seek injunctions, removal and destruction of infringing copies, information on supply chains, damages or surrender of profits, reasonable royalties, and publication of judgments. In serious cases, criminal sanctions may apply. Swiss customs can assist with border measures to stop infringing goods. Online, courts can order platforms or access providers to take proportionate steps to address infringement. A practical first step is often a well-documented notice or a cease-and-desist letter.

Procedures in Solothurn. Civil actions are filed with the competent conciliation authority first in most cases, then in the cantonal courts if conciliation fails. Proceedings in Solothurn are typically in German. Urgent matters can be addressed through preliminary injunctions. Claims up to a certain value follow a simplified procedure that is faster and more cost effective.

Frequently Asked Questions

Do I need to register my copyright in Switzerland

No. There is no registration system. Protection arises automatically when a work is created. Keep evidence of creation and ownership, such as drafts, dated files, contracts, and deposit copies.

How long does copyright last

For most works, protection lasts 70 years after the author dies. For computer programs, it is 50 years after the author dies. Related rights have separate terms, up to 70 years depending on the right. Simple photographs are protected for a shorter period, typically 50 years from creation.

Who owns a work created by an employee or a contractor

For computer programs created in the course of employment, the employer owns the economic rights unless agreed otherwise. For other works, ownership stays with the creator unless the contract transfers rights or grants a license. Always set out scope, territory, duration, and media in writing.

Can I play music in my shop, cafe, or at an event in Dornach

Yes, but you usually need a license. In Switzerland, collective societies administer many public performance rights under approved tariffs. The correct society and tariff depend on the setting, audience size, and whether music is live or recorded. Budget for these fees when planning your venue or event.

Can I post photos of public buildings or outdoor art online

Switzerland recognizes freedom of panorama for works permanently located in public spaces, which generally allows photographing and sharing such works, including commercially, subject to conditions. This does not cover works in museums or private spaces and does not override personality rights or trademarks. If in doubt, seek advice.

What counts as fair use in Switzerland

Switzerland does not use the fair use concept. Instead, it has specific exceptions, such as quotation, private copying, teaching and research, and certain uses by libraries. Each exception has conditions. When the conditions are not met, you need permission.

What is the private copying exception

Individuals may make copies for personal use within a private circle. This does not permit sharing on the internet or for business purposes. A device levy system funds remuneration to rights holders. Circumventing digital protection measures may still be unlawful.

Are software and databases protected

Yes. Software is protected as a literary work, with a 50 year term after the author dies. Databases are protected when the selection or arrangement of content is creative. Switzerland does not have a separate database right for non creative compilations.

How do I handle a takedown notice or claim of infringement

Act quickly. Preserve evidence, review the claim, and stop any infringing use if appropriate. If you have a license, gather proof. Consider a counter notice if the removal is mistaken. A lawyer can help assess liability, negotiate a resolution, and draft responses to platforms or the other side.

What remedies can I get if someone infringes my work

You can seek injunctions, removal of infringing content, information about distributors and customers, damages or surrender of the infringer profits, reasonable royalties, and publication of the judgment. In certain cases, criminal complaints are possible. For urgent cases, request a preliminary injunction.

Additional Resources

Swiss Federal Institute of Intellectual Property - supervisory authority for collective management and a source of guidance on Swiss copyright.

Federal Arbitration Commission for Copyright Tariffs - approves tariffs used by collective management organizations.

SUISA - collective management for composers, lyricists, and music publishers, including background music and event licenses.

Suissimage - collective management for audiovisual works and film producers.

ProLitteris - collective management for authors and publishers in literature and visual arts, including reprography.

SSA - Société Suisse des Auteurs for dramatic works, theater, and audiovisual authors.

Swissperform - neighboring rights for performers, producers, and broadcasters.

Federal Office for Customs and Border Security - handles applications for border measures to stop infringing goods.

Cantonal conciliation authorities and courts in Solothurn - handle civil procedures, including preliminary measures and simplified procedures for lower value claims.

Professional associations such as INGRES - Swiss Association for Intellectual Property - provide events and practitioner directories.

Next Steps

Clarify your goal. Are you trying to use a work lawfully, enforce your rights, or resolve a dispute. Write down the facts, dates, and what outcome you need.

Gather documents. Collect contracts, emails, invoices, screenshots with timestamps, metadata, original files, and any proof of creation or ownership. For online content, capture full page screenshots and URLs and keep server logs where possible.

Assess licensing needs. If you use music, images, videos, or texts in a business, check the relevant collective tariffs and your existing licenses. For commissioned work, confirm in writing which rights were transferred to you and which were not.

Consider early communication. A precise and polite notice can often stop infringement or correct a misunderstanding. Avoid admissions of liability before you get advice.

Seek legal advice. Contact a copyright lawyer familiar with Swiss practice and the Solothurn courts. Ask about urgency, costs, evidence preservation, and the feasibility of interim measures.

Plan for cross border issues. If the other side is abroad or the content is hosted outside Switzerland, discuss jurisdiction, enforcement options, and the need for coordination with foreign counsel.

Budget and timeline. Ask for a strategy that weighs legal strength, time, and cost. In many cases, a negotiated license or settlement is faster and cheaper than litigation.

This guide is for general information only. It is not legal advice. For a solution tailored to your situation in Dornach, consult a qualified Swiss copyright lawyer.