LIECHTENSTEIN Law and Practice Contributed by: Thomas Plattner and Fabian Jenny, Ospelt & Partners Attorneys at Law Ltd.
Criminal penalties are set out in Article 61 ff of the URG. Intentional copyright infringement is punishable by imprisonment of up to one year or a monetary pen - alty of up to 360 daily rates. If the infringement is com - mitted for commercial gain, the penalty increases to a custodial sentence of up to three years. In such cases, the Office of the Public Prosecutor pursues the matter ex officio. Rights holders may also request assistance from customs authorities to prevent the movement of infringing goods (Article 70 ff of the URG). 3.2 Registering Artwork Liechtenstein does not maintain a central or mandato - ry register for the acquisition of copyright. Protection arises automatically upon the creation of a work of art, provided it meets the requirement of individual char - acter (Article 32, Abs. 1, URG). Although Article 8, Abs. 3, URG allows for the establishment of a voluntary register that would create a rebuttable presumption of authorship, no such register has been implemented. As a result, proof of authorship and the date of crea - tion must instead be established through secondary evidence. This may include provenance documenta - tion, exhibition history, artist statements, and inclusion in catalogues raisonnés . In legal disputes, the burden of proof initially lies with the party claiming copyright protection. Because no official register exists, artists and collec - tors must maintain thorough and careful records to protect their interests in cases of alleged plagiarism. 3.3 Resale Right The Resale Right ( Folgerecht ) is a mandatory element of Liechtenstein copyright law (Articles 15a–15g of the URG). It ensures that artists and their heirs receive a percentage of the sale price whenever original art - works are resold. The right applies whenever an art market professional – such as an auction house or gallery – is involved as a buyer, seller, or intermediary (Article 15b of the URG). The royalty is calculated on the sale price excluding taxes and follows a degressive scale (Article 15d of the URG). The applicable rates are 4% for the por - tion of the sale price up to CHF78,000 and 3% for the portion between CHF78,000 and CHF312,000.
Lower percentages apply to higher price tiers, ensur - ing that the financial burden remains proportionate for high‑value transactions. The total royalty payable for a single resale is capped at CHF19,500. Resales below a price of CHF4,700 are exempt from the royalty requirement. The resale right is inalienable and cannot be waived (Article 15a, Abs. 2, URG). It remains in force for the entire duration of copyright protection. Collecting societies are responsible for enforcing and collecting payments and are granted an information right, enabling them to request neces - sary data from art market professionals for up to three years following the resale (Article 15g of the URG). 3.4 Using Copyrighted Images The use of copyrighted images of artworks gener - ally requires obtaining a licence. However, the Swiss Copyright Act (URG) provides statutory exceptions, known as limitations (Article 22 ff of the URG). Per - sonal use within a private circle – such as family and close friends – is permitted. Likewise, the use of works for educational purposes or for internal documenta - tion within enterprises is allowed under specific con - ditions, provided that the use does not involve the commercial exploitation of the images. A work that is part of a publicly accessible collec - tion may be reproduced in exhibition and auction catalogues (Article 28 of the URG). This exception is intended to support the promotion of cultural events and ensure transparency in the sale of art. Additional - ly, works that are permanently located in public spac - es – such as sculptures in parks – may be depicted in two‑dimensional formats (Article 29 of the URG). This “freedom of panorama” does not, however, allow for reproductions that serve the same purpose as the original work. For commercial uses that fall outside these statu - tory exceptions, users must obtain licences from the author or the relevant collecting society. These societies publish approved tariffs specifying the fees applicable to different types of usage. Tariffs must be reasonable and non‑discriminatory. The Office of National Economy oversees the activities of collect - ing societies to ensure compliance with national law, particularly the Collecting Societies Act (VGG), which
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