Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

of 30 March 1911 (Status as of 9 February 2023)

Art. 381

B. Ef­fects

I. Trans­fer of copy­right and war­ranty

 

1 The au­thor’s rights to the work are trans­ferred to the pub­lish­er to the ex­tent and for as long as re­quired for per­form­ance of the con­tract.

2 The ori­gin­at­or must give war­ranty to the pub­lish­er that he had the right to make the work avail­able for pub­lic­a­tion at the time the con­tract was con­cluded and, where it is sub­ject to copy­right pro­tec­tion, that he holds the copy­right.

3 Where all or part of the work has already been made avail­able for pub­lic­a­tion to a third party or the ori­gin­at­or is aware that it has already been pub­lished, he must in­form the pub­lish­er be­fore en­ter­ing in­to the con­tract.

 

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