Within the legal framework basically those who make the legally protected works available on a server accessible over the internet are responsible for the use of music in the internet and other protected works (such as films, pictures etc.). Anyone who controls the content of a website is responsible and must obtain the necessary licenses. Also those who indirectly contribute to, tolerate or benefit from a copyright infringement (so-called "interfering persons"; e.g.: service providers) may possibly be bound to omit or remove such copyright infringements. However, the liability for damages requires intention or negligence (Article 41 of the Swiss Code of Obligations).

 

Will the classical balance of interests in copyright collapse because of the internet ?
(Picture: aboutpixel.de)