No Publishing Contract

If no contrary copyright agreements have been made with the publisher, the law governing the Swiss Code of Obligations applies to authors resident in Switzerland when depositing in ZORA:

  • Scientific essays that deal with a topic in depth, e.g. journal articles or book contributions, may be deposited in an open repository three months after their publication (Art. 382 Abs. 3 OR).
  • Reports related to current events, e.g. newspaper articles, may be deposited in an open repository at any time (Art. 382 Abs. 2 OR).
  • Other works such as monographs or textbooks may not be deposited in an open repository in competition with the publisher as long as the edition is not out of print  (Art. 382 Abs. 1 OR). Versions that cannot be cited correctly and do not represent real competition are permitted: e.g. files without original page numbers in subjects in which citation is exact to the page.

In these cases, an author version without publisher logos and publisher page numbers (accepted manuscript) is certainly permitted. According to the legal opinion of Prof. Dr med. Reto Hilty and Dr Matthias Seemann, the version published by the publisher (publisher's PDF) can also be used, but without the publisher's logos protected by trademark law.