ETH Library's Documentary Service Falls Under Fair Use Provision

In a recent decision, the Federal Supreme Court clarified various issues that are important for the interpretation of the fair use provision of art. 19 of the Swiss Copyright Act. Art. 19(1) allows the reproduction of copies of a copyright protected work inter alia for private use and for use by enterprises and public institutions for internal information and documentation purposes. Para. 2 of the provision says that those who benefit from this fair use exemption are allowed to have the copies made by a third party. Apart from copies for purely private purposes, however, it is not allowed to make complete or extensive reproductions of copies obtainable in commerce (art. 19(3)(a) Copyright Act).