The Swiss Confederation

Copyright revision 2006

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The copyright revision is entering the second instance!

Introduction

In march 2006, the Federal Council has tabled a law proposal which will revise the law of copyright. Most of the changes are supposed to make the copyright compatible with both the European Union Copyright Directive (EUCD) and the Digital Milennium Copyright Act.

According to the Federal Council, this law proposal is supposed to harmonize the legal situation of copyright through the adaption of the legal framework contracts with the World Intellectual Property Organization (WIPO). However, these contracts are non-executive, so there is no need to adapt them as they are. Thus, the Federal Council chose to adapt the EU copyright directive into our laws, probably due to the bilateral EU partnership contracts.

Problems of the proposal

There are however several points where the current proposal goes a bit too far. In fact, the current proposal overrules the fundamental right to a private copy, as granted by the constitution. More than that, the right to scientific research of cryptographic and other protection systems may be endangered severly by the proposal. Additionally, any type of publication - even in a closed circle of friends - of any copyright protected work is prohibited. This goes far beyond what the EUCD does.

Some of these points are ruled out by the second part of the proposal. However, since the proposal does consist of two parts, they can be accepted and rejected separately without any problems, so the hard restrictive policies become law and the necessary exceptions don't.

Read more on problems of the current proposal

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If you want to participate in the correction of the copyright revision, please use one of our ways to contact us!

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