Monday, August 27, 2007

Swiss Federal Court (Bundesgericht) ruling regarding usage of news media articles for the preparation of press reviews

Willi Egloff brought this important federal court ruling to my attention.

In the Bundesgerichtsentscheid (4C.73/2007, June 26, 2007, search for Prolitteris, decision 4C.73/2007, June 26, 2007) it was ruled, that the press reviews (searching for specific items and copying the relevant parts required by customer into a specific review) as a service to a third party does not breach copy right rules.

There are some interesting aspects which need detailed study:
What is the work (Werk)? Is it the entire newspaper or a separate article by a journalist?
The interest of the journalist vs the interest of the publisher?
Temporary storage of data
Preparation of press reviews for private parties (legal or personal)

The ruling, an appellation of ProLitteris against a lower court ruling (Obergericht des Kantons Z├╝rich) has been approved, thus allowing ProLitteris to continue to provide press reviews without infringing Swiss Urberrrecht (copyright).

This is a remarkable decision which needs be studied regarding a similar usage of scientific publications, especially regarding data mining or extraction and the production of derived works.


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