Reusing materials in a legal manner
or The art of using copyright law

[Filmed Part]

Fred: "Hello young university student. Are you struggling to illustrate your next research project?”

Anna: "Are you out of ideas for how to illustrate your findings or lay out your evidence?"

Fred: “Don’t panic. Breathe and use "Research Boosters", the new online service we’ve started."

Anna: “For you”

Fred: “And for us”

Anna: “We started from scratch. We thought, ‘everything has already been imagined, written, designed. We just need to find out when and by whom’. So, why not put in place an ethical recycling program for research?”

Fred: “Exactly, we thought about recycling and global warming. So, we created an all-inclusive pro S-Max futuristic service for recycling knowledge, specifically from other people.

Anna: “Reusing, recycling, extending lifecycles, it’s in right now, right? This is a client...do you mind? Research Boosters, how can I help you?”

Fred: “You know, we’re the new generation 4.0 of entrepreneurs. Our range of products caters to anyone who lacks inspiration, or who like me is just super lazy.”

Anna: “We’re knowledge jammers and research scammers.”

Fred: “We’re getting rich on the backs of others, of course. Is it risky?  I think the answer is obvious.

Anna: "In Switzerland, we're laid-back. We have what’s called an “educational exception". Basically, we can boost anything."

Fred: “The Swiss definitely don't do things like everyone else.”

[Animation]
Oh Fred...at the university, staying within the legal framework is not negotiable. We remind you that in Switzerland, The Federal Act on Copyright and Related Rights (CopA) automatically protects all literary and artistic works considered intellectual creations with individual character.  This includes books, newspapers, scientific journals and articles, but also presentation material, images, figures, films, music, and photographic depictions even if they do not have individual character.

This protection gives the author the exclusive right to decide whether, when and how his or her work can be used. As a result, their consent is necessary for any reuse.

Fortunately, however, the law allows quotation rights "if the quotation serves as an explanation, a reference or an illustration, and the extent of the quotation is justified for such purpose." In concrete terms, you are allowed to quote a book excerpt in academic work without asking the author's permission. The right to quote does not apply to images which serve only as illustrations.

However, in Switzerland, copyright law includes an exception which allows teaching staff and students to freely use works protected by copyright law within an educational framework.  This is an exception for private use for educational purposes. This exception applies to all academic work as long as the work isn't shared outside of the classroom.

Specifically, for academic work that will not be shared on the web, you have the right to use extracts from books, entire images, or graphics from printed or electronic articles without the author’s permission, and even to modify them, so long as this is justified to make your point and not to simply decorate your document.

Be careful -- violating copyright law can result in civil and criminal penalties. If in doubt, it's better to find an alternative.
A common alternative is the use of "Creative Commons” licenses. These licenses are based on the principle that anything that is not prohibited is allowed, as opposed to copyright law in which anything that is not expressly allowed is prohibited.

Many easy-to-use models are available.  Authors do not need to register anything but must visibly include the logo from their chosen model on their work or in accompanying documentation. If you see these logos on a document, on an image or accompanying a film, you can reuse them in your work by respecting the conditions put in place and indicated by the chosen logo -- for example, crediting the author, represented by the logo BY.

If your work is meant to be used on the web or outside of an educational framework, this is probably a better option for you.

Don’t forget, even if the educational exception to Swiss copyright law or a Creative Commons license authorizes you to reuse material in your academic work, you are required to cite the source. To avoid unintentional plagiarism, you must always cite your sources!

[Filmed Part]

Anna: "I hate to say it...your business plan sounds smart Fred, but it's just that it seems blatantly illegal, don’t you think?"

Fred, upset and disappointed: "No, it’s not illegal. Look, how else are we going to get rich? Tell me. There’s this slogan, you know, this guy, he once said "Work less to earn more".  That's what we have to do.

Anna: "No, no, no, no, that’s not right"

Fred: "Yes it is."

Anna: "No, no. No"

Fred: "Yes it is."