Software and Copyright
In Switzerland the external pagecopyright lawcall_made protect works that are literary and artistic intellectual creations with individual character, irrespective of their value or purpose. This includes for example literary and musical works, images, sculptures, films, operas, ballets and pantomimes works.
According to the copyright law computer programs (software) are explicitly considered works.
A work is protected under copyright as soon as it is created, so the copyright protection exists from the time the work is created in fixed form. In case of software from the time it is written down (the software is coded).
Who is the author of the software and who is the owner of it?
Copyright protection exists from the time the work is created in fixed form (e.g. writing it down, coding software, etc.). The author is the creator of the work.
In case of a software the author is the person which has materially written the program code, thus the developer(s) (or coders) of the software are the authors of the software.
If the software was created during the official duties of an employment at ETH Zurich, according to the ETH Law, ETH Zurich has the exclusive exploitation right and any right derived from such exclusive exploitation rights, i.e. the exclusive right of use and distribution (sublicensing) of the software (please see below). In such case, due to the rights that ETH Zurich obtains from the laws, ETH Zurich is considered the "owner" of the software.
Nevertheless, the author(s) maintain the so called moral rights in the software. The moral rights of a copyrighted work are a “subset” of rights derived from the copyright law which are inseparable from the author. For example, an author has the right to be recognized as the author of a software. However, an author of a work can waive its right to be named as an author or chose the be named with a pseudonym instead of the real name.
Generally the moral rights of the author cannot be assigned to a third party. See also the information external pageherecall_made.
Software created by ETH Zurich employees
If the software was created during the official duties of an employment at ETH Zurich, the exclusive right of use and the exploitation rights of that software belongs to ETH Zurich (Federal Act on the Federal Institutes of Technology, external pageArticle 36, para. 2call_made).
In case where software is created outside the official duties of an employment at ETH Zurich, ETH Zurich may however claim rights to the software and to the income generated by the exploitation of the software, due to the usage of its infrastructure (personnel, technical equipment and time). If such software is distributed or exploited, the share of rights to each party to the software, the exploitation costs and the distribution of any income must be agreed in advance in writing between the concerned employees and ETH Zurich (DownloadRSETHZ 440.4, Article 3.1 "ETH Zurich Exploitation Guidelines" (PDF, 267 KB)vertical_align_bottom).
Software created by bachelor and master students of ETH Zurich
Bachelor or master students as a role are not simultaneously employed by ETH Zurich and are solely responsible for all software coded during their studies, and are as such both author and owner of such software.
This software must, therefore, be exploited and distributed under the student’s own name, as author and copyright holder of the software, without any reference to ETH Zurich (e.g. name, address, logo, etc.). Any liability issues relating to software is the sole responsibility of the involved students. Rights and duties regarding the creation of works as an ETH Zurich student not holding any additional employment position at ETH Zurich are described in the "Leistungskontrollenverordnung ETH Zürich" SR 414.135.1, external pageArticle 23, para. 1call_made (only in German).
Copyright notice (i.e. copyright of ETH Zurich)
The registration of copyrights is not possible in Switzerland, it is also not required to make an explicit reference to the copyright.
However, since there are countries in which copyright can be registered and in which clear references must be made to the copyright and to the holder of the exploitation rights (ETH Zurich), it is recommended that, for software coded by ETH Zurich employees, a © or (c) mark is included in a clearly visible place along with the name of the exploitation right holder (ETH Zurich), the author(s) (the software coder) and the year of first distribution.
Example of copyright notice:
- ©2016-2021 ETH Zurich
- ©2016-2021 ETH Zurich, name of coder 1, name of coder 2, etc.
- ©2016-2021 ETH Zurich, name of coder 1, name of coder 2, etc.; D-XXXX; Name of Institute; Name of Professorship
Please note that the coders may waive their right to be named.