Copyright gives the owner one the one hand commercial exploitation rights and on the other hand “moral rights” in his work. According to Art. 10 of the Federal Copyright Law, the author has the exclusive right to decide whether, when, and how his work is to be used. The author has in particular the right to reproduce the work and to issue copies of it to the public, to publicly perform the work, to record or broadcast it, to retransmit the broadcast work and to communicate broadcasts and retransmissions to the public. The right of “making available” is basically also affected by an integration of a work into database on websites. Additionally, copyright in computer software entails an exclusive rental right. The enumeration of rights in Art. 10 is open. New means of exploitation which are offered by new technology vest a new exclusive exploitation right in the author. Similar to other continental european jurisdictions Swiss Law traditionally protects moral rights. According to Art. 11 of the Federal Copyright Law, the author has the right to be identified as author of a copyrighted work, to decide on the date and manner of the first publication of the work, to alter or adapt the work, and the right to object to oppose any distortion of the work that is damaging its personality.

 

Neither original nor individual? The Obergericht of Zurich denied copyright protection to this sofa in December 2001
(Source: sic! 2002, 342).