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Frau X v. Frau Y & Z Publishing House

BGE 113 II 306 (1987)

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Frau X v. Frau Y & Z Publishing House

Swiss Federal Supreme Court
BGE 113 II 306 (1987)

  • Written by Jody Stuart, JD

Facts

Seeking publication, Frau X (plaintiff) submitted two academic manuscripts on the life of a famous psychoanalyst to Z Publishing House (Z) (defendant). Upon refusing publication, Z informed X that Z had passed the manuscripts on to Frau Y (defendant) for an opinion. Subsequently, Y gave a previously scheduled seminar lecture on the same psychoanalyst addressed in X’s manuscripts. During the seminar, Y used quotations and biographical details from X’s manuscripts. X sued Y and Z for copyright infringement based on Y’s use of quotations and results of scientific research from X’s manuscripts during Y’s lecture. The Swiss Cantonal Court (court of appeal) dismissed the action, and X appealed.

Rule of Law

Issue

Holding and Reasoning ()

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