LIECHTENSTEIN Law and Practice Contributed by: Thomas Plattner and Fabian Jenny, Ospelt & Partners Attorneys at Law Ltd.
to reproduce the work and to offer or distribute cop - ies. They also hold the exclusive right to make the work accessible to the public, including through digital platforms or online communication. The right of distribution (Article 10, Abs. 2 Bst. b, URG) is subject to the principle of exhaustion. Once the author has sold a physical copy of the work or has consented to its sale within the European Economic Area (EEA), further distribution of that specific copy no longer requires the author’s permission (Article 13 of the URG). This supports a free secondary market for physical artworks. However, the exhaustion principle does not apply to the online making available of works in digital formats. Moral rights ( Urheberpersönlichkeitsrechte ) safeguard the personal relationship between the author and their work. The author has the exclusive right to be identi - fied as the creator and to decide when and how the work is first published (Article 9 of the URG). Addi - tionally, the right of integrity (Article 12 of the URG) prevents any unauthorised modification that could harm the author’s reputation. Even when a third party is authorised to alter the work, the author may object if the change compromises their artistic standing. 2.2 Copyright in Collaborative Artworks Where two or more persons contribute to the creation of a work in such a way that their individual contribu - tions cannot be separated, they hold the copyright jointly (Article 7 (1) of the URG). As a result, the exploi - tation of a joint work generally requires the unanimous consent of all co‑authors. However, the law speci - fies that such consent may not be withheld in bad faith (Article 7 (2) of the URG), ensuring that a single co‑author cannot unreasonably prevent the commer - cial or artistic use of the work. Each joint author also has the independent right to initiate legal proceedings in the event of copyright infringement. Nevertheless, any claims for relief must be asserted for the benefit of all joint authors (Article 7 (3) of the URG). This requirement protects the collec - tive economic interest in the work, even when only one author takes the initiative to enforce rights in court. Any monetary compensation obtained through such
legal actions must be shared among the co‑authors in proportion to their contributions. If the contributions of the authors can be separat - ed, each author may exploit their own contribution independently (Article 7 (4) of the URG). This applies only where such exploitation does not impair the use or value of the joint work as a whole. Because joint authorship can create legal and practical complexi - ties, it is common for collaborators to enter into writ - ten agreements. These agreements typically address the distribution of income, the management of moral rights, and procedures for resolving disputes or dead - locks. 3. Protection Against Plagiarism 3.1 Legal Consequences of Copyright Infringement Copyright infringement in Liechtenstein triggers both civil and criminal sanctions. Under civil law, the rights holder may seek a court injunction to stop infringing acts (Article 57 of the URG). The court can addition - ally order the removal of the infringing condition, the destruction of unlawful copies, or the surrender of the tools used to create the infringement. These measures are intended to restore the author’s exclusive control over the work. Financial remedies are also available to the injured party under the ABGB and the URG. These include damages, moral satisfaction, and the surrender of profits (Article 57, Abs. 2, URG). Damages require proof of fault – such as intent or negligence – and a causal link to a financial loss (Section 1293 ff of the ABGB). Moral satisfaction ( Genugtuung ) may be awarded for personal suffering caused by the infringe - ment of moral rights. The surrender of profits is based on the principles of unjust enrichment (Section 1041 of the ABGB). The infringer may be required to pay the rights holder the profits gained from the unauthorised use of the work. This remedy does not strictly require proof of fault, and it is particularly effective where the primary harm arises from the commercial exploitation of an artist’s creation.
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