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6.2.2 Action for compensation of non-material damages

Action for satisfaction can be brought by anyone who has suffered an unlawful infringement of their personality rights provided that this is justified by the seriousness of the infringement and no other amends have been made (Art. 49 Para. 1 SCO). In copyright law, this means an infringement of the moral right of the author (BGE 129 Para. 3 715 c. 4.3). For example, if the author’s personality rights are infringed by the illegal use of a protected work for advertising purposes. The recognition of non-material damages is subsidiary in the sense that there must not have been the opportunity for the author to be otherwise satisfied; for example, by the publication of the judgement (BGE 131 Para. 3 26 (c) 12.3).

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