The protectability by copyright requires that the work is a personal intellectual creation of the author. In jurisdiction and literature there are different interpretations concerning the criteria which are applied to estimate the existence of the requirements. Therefore the main focus of every copyright verification and the answer to the question of the protectability depends upon the individual case.
It might be of interest for the author to allow others to use his work. Since also the rights of exploitation includes copyright and individual right components the possibility of assignment of copyright power is characterized by the individual right. According to the LUG from 1901 and in the KUG from 1907 the assignment of the copyright as a whole was provided. In the following period jurisdiction and literature attached more and more importance to the author’s individual right. The consequence was that the idea of unassignability of the individual right was included in the copyright act from 1965, which today mainly determines the understanding about copyright. Due to their individual right content rights of exploitation too are therefore not assignable as a whole.
The law provides a disposition from the author concerning the exploitation rights in the way that he concedes other rights of use. This cession for working is not a form of true transfer of rights: The acquirer doesn’t obtain an absolute right but only an obligatory authorization. The abandoner is obliged to agree with the working, the essential of the individual right remains by the author. The relationship between exploitation rights and rights of use is to be understood in that way that rights of use are independent but can correspond only in its contents to the exploitation rights. In this way the authorization of use for others represents a sort of burden for the copyright whereby it is doubtful if beyond that the author can assign single individual right authorizations or concede them for execution.
The copyright comes into being at the time of the conception of a work protectable by copyright, a registration is not required. The right expires 70 years after the death of the author.