The Fair Use Agreement serves as a crucial legal instrument in Switzerland for managing the authorized use of copyrighted materials within the specific framework of Swiss copyright law. Unlike jurisdictions that recognize broad fair use doctrines, Switzerland operates under defined copyright exceptions, making this agreement essential for clearly establishing permitted uses. The document is typically used when content creators or rights holders want to grant specific usage rights to educational institutions, researchers, or other users while maintaining control over their intellectual property. It includes detailed provisions for attribution, usage limitations, and compliance with Swiss copyright law (URG/LDA), data protection requirements (FADP), and relevant international treaties. This agreement type is particularly relevant in today's digital environment where content sharing and reuse are common but require clear legal frameworks.
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1. Parties: Identification of the rights holder and the user/licensee, including full legal names and addresses
2. Background: Context of the agreement, nature of the copyrighted work, and general purpose of the fair use arrangement
3. Definitions: Key terms including 'Work', 'Permitted Uses', 'Educational Purpose', 'Research Purpose', etc.
4. Grant of Rights: Specific permissions granted for use of the copyrighted work, aligned with Swiss copyright exceptions
5. Scope of Permitted Use: Detailed description of how the work may be used, including any quantity limitations, attribution requirements, and specific contexts
6. Restrictions: Explicit limitations on usage, prohibited activities, and restrictions on modification or distribution
7. Attribution Requirements: Specific requirements for crediting the original work and author
8. Term and Termination: Duration of the agreement and circumstances under which it may be terminated
9. Representations and Warranties: Statements regarding ownership of copyright and authority to grant permissions
10. General Provisions: Standard contractual clauses including governing law, jurisdiction, and amendment procedures
1. Data Protection Provisions: Required when the fair use involves processing of personal data, ensuring compliance with FADP
2. Commercial Terms: Include when the fair use arrangement involves any form of payment or commercial consideration
3. Technical Requirements: Needed when the fair use involves digital content or specific technical implementations
4. Quality Control: Include when the agreement requires maintaining certain quality standards in the use of the work
5. Reporting Requirements: Add when the user needs to report on usage patterns or provide usage statistics
6. Third Party Rights: Include when the work contains elements licensed from third parties or when sublicensing is relevant
1. Schedule 1 - Description of Works: Detailed description of the copyrighted works covered by the agreement
2. Schedule 2 - Permitted Use Cases: Specific examples and scenarios of permitted uses
3. Schedule 3 - Attribution Guidelines: Detailed guidelines for proper attribution including format and placement
4. Appendix A - Technical Specifications: Technical requirements or specifications for digital use cases
5. Appendix B - Contact Information: Key contacts for both parties for various purposes (technical, legal, administrative)
6. Appendix C - Sample Attributions: Examples of correct attribution formats for different use cases
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