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Glossary
A SHORT GLOSSARY OF TERMS
Author
An author is the natural person who has created a work. He/she has an absolute right to the work and to compensation for certain uses of it. The economic right to a work can be bequeathed or transferred but not the moral right. The person or business to whom a copyright is transferred becomes the new rights holder, but not the author. The author can only be the natural person who participated in the creation of the work.
Collecting society
The collecting society is a union of authors and owners of copyrights and related rights. The main purpose is the collective management of these rights and the collection and disbursement of royalties. There are five collecting societies in Switzerland: ProLitteris, SSA, SUISA, SUISSIMAGE and SWISSPERFORM.
Collective management
This refers to the management of copyrights for a group of rights holders, and the collection and distribution of the royalties collected by the societies.
Copyright exceptions
Exceptions to copyright protection are made in order to protect important third-party interests. For example, protecting uses for the private sphere, uses assisting the handicapped, or certain uses in schools and businesses.
Digital rights management
Digital rights management (DRM) makes it possible to electronically manage and sell access to digital content and the rights for its use.
Digitalization
Digitalization is transforming analog information such as text, picture and sound into an electronic form which can be saved and edited in any way and without loss of quality.
Intellectual property
The legal protection of industrial property (which includes patents, trademarks, designs and plant varieties) and copyrights and related rights is regulated under the laws concerning intellectual property. These rights basically create an exclusive right to intellectual products, which is why they are referred to as intellectual property.
Interest groups or lobbies
Copyright law distinguishes only between rights holders and users. In the actual public debate on copyrights, however, the interest groups are more varied:
- Artists and performers – create works and offer them to the public
- Producers – produce phonograms, videograms, broadcasts and films
- Users and providers – use and further circulate content commercially
- Consumers
License
A rights holder can permit another person or business to use his work or performance through a contract. Such contracts are called licenses.
Private copies
Copyright allows making private copies; for example, copying a work for personal use on another player or for a close circle of friends. Software falls under other regulations and private copies are not allowed.
Public domain
Public domain refers to content, such as books, music or software, which is freely available. It is not protected by copyright because none ever existed (i.e., the content is not considered a work), because the term of protection has expired (e.g., Goethe’s works), or because it is exempt under copyright (e.g., legislative texts).
Related rights
Related rights, also known as performing or neighboring rights, are the rights guaranteed to performing artists, phonogram and videogram producers and broadcasters. Because they are close to copyrights, they are regulated under the same law.
Technological measures
Technological measures refers to specialized hardware and/or software technology designed to prevent users from gaining unauthorized access to digital content or making unauthorized copies of content. Copy protection on audio CD’s, regional codes on DVD’s and password protection for online music store access are examples.
WIPO
The World Intellectual Property Organization, commonly known as WIPO, is a subsidiary organization of the UN. Its headquarters are in Geneva. Its primary task is to promote the protection of intellectual property worldwide through international agreements and treaties and to supervise the UN member states which have signed the intellectual property agreements. In copyrights, WIPO administers various treaties including the revised Bern Convention, the Rome Convention and the WIPO Internet Treaties.
Works
In order for a product of intellectual work to qualify for protection under copyright, certain legally defined conditions must be met. Protection only applies to intellectual creations of literature or art which possess an individual and unique character and, thusly, the quality of a work. Software is also protected under copyright, although under other conditions.
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