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Fair Use Agreement Template for Switzerland

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Key Requirements PROMPT example:

Fair Use Agreement

"I need a Fair Use Agreement for my university to use copyrighted educational content from Swiss publishers in our online learning platform, including the right to create digital copies and share materials with enrolled students starting January 2025."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































Clauses































Relevant Industries

Education

Media and Entertainment

Publishing

Research and Development

Cultural Heritage

Digital Technology

Professional Services

Non-profit Organizations

Information Technology

Creative Industries

Relevant Teams

Legal

Intellectual Property

Content Management

Editorial

Research

Academic Affairs

Digital Operations

Publishing

Library Services

Archives

Media Rights

Educational Technology

Cultural Resources

Relevant Roles

Legal Counsel

Copyright Officer

Content Licensing Manager

Intellectual Property Director

Research Director

Academic Affairs Manager

Digital Rights Manager

Content Strategy Director

Publishing Manager

Library Director

Archive Manager

Media Rights Coordinator

Educational Technology Officer

Cultural Resources Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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