Federal Act on Copyright and Related Rights

¹This Act reg­u­lates:

a.

the pro­tec­tion of au­thors of lit­er­ary and artist­ic works;

b.

the pro­tec­tion of per­formers, pro­du­cers of phono­grams and au­dio-visu­al fix­a­tions and broad­cast­ing or­gan­isa­tions;

c.

the fed­er­al su­per­vi­sion of the col­lect­ive rights man­age­ment or­gan­isa­tions.

²In­ter­na­tion­al treat­ies re­main re­served.

¹Works are lit­er­ary and artist­ic in­tel­lec­tu­al cre­ations with an in­di­vidu­al char­ac­ter, ir­re­spect­ive of their value or pur­pose.

²They in­clude, in par­tic­u­lar:

a.

lit­er­ary, sci­entif­ic and oth­er lin­guist­ic works;

b.

mu­sic­al works and oth­er acous­tic works;

c.

works of art, in par­tic­u­lar paint­ings, sculp­tures and graph­ic works;

d.

works with sci­entif­ic or tech­nic­al con­tent such as draw­ings, plans, maps or three-di­men­sion­al rep­res­ent­a­tions;

e.

works of ar­chi­tec­ture;

f.

works of ap­plied art;

g.

pho­to­graph­ic, cine­ma­to­graph­ic and oth­er visu­al or au­dio-visu­al works;

h.

cho­reo­graph­ic works and works of mime.

³Com­puter pro­grams are also works.

⁴Drafts, titles and parts of works, in­so­far as they are in­tel­lec­tu­al cre­ations with an in­di­vidu­al char­ac­ter, are also pro­tec­ted.

¹De­riv­at­ive works are in­tel­lec­tu­al cre­ations with an in­di­vidu­al char­ac­ter that are based upon pre-ex­ist­ing works, whereby the in­di­vidu­al char­ac­ter of the lat­ter re­mains iden­ti­fi­able.

²Such works in­clude, in par­tic­u­lar, trans­la­tions as well as au­dio-visu­al and oth­er ad­apt­a­tions.

³De­riv­at­ive works are pro­tec­ted as works in their own right.

⁴The pro­tec­tion of the works used in the de­riv­at­ive work re­mains re­served.

¹Col­lec­tions are pro­tec­ted as works in their own right in­so­far as they are in­tel­lec­tu­al cre­ations with in­di­vidu­al char­ac­ter with re­gard to their se­lec­tion and ar­range­ment.

²Works in­cluded in a col­lec­ted work may be pro­tec­ted in­di­vidu­ally.

¹Copy­right does not pro­tect:

a.

acts, or­din­ances, in­ter­na­tion­al treat­ies and oth­er of­fi­cial en­act­ments;

b.

means of pay­ment;

c.

de­cisions, minutes and re­ports is­sued by au­thor­it­ies and pub­lic ad­min­is­tra­tions;

d.

pat­ent spe­cific­a­tions and pub­lished pat­ent ap­plic­a­tions.

²Copy­right also does not pro­tect of­fi­cial or leg­ally re­quired col­lec­tions and trans­la­tions of the works re­ferred to in para­graph 1.

The au­thor is the nat­ur­al per­son who has cre­ated the work.

¹Where two or more per­sons have con­trib­uted as au­thors to the cre­ation of a work, copy­right be­longs to all such per­sons jointly.

²Un­less they have agreed oth­er­wise, they may only use the work with the con­sent of all au­thors; con­sent may not be with­held for reas­ons con­trary to the prin­ciples of good faith.

³Each joint au­thor may in­de­pend­ently bring an ac­tion for in­fringe­ment, but may only ask for re­lief for the be­ne­fit of all.

⁴Where the in­di­vidu­al con­tri­bu­tions may be sep­ar­ated and there is no agree­ment to the con­trary, each joint au­thor may use his own con­tri­bu­tion in­de­pend­ently provided such use does not im­pair the ex­ploit­a­tion of the joint work.

¹Un­less proven oth­er­wise, the au­thor is the per­son whose name, pseud­onym or dis­tinct­ive sign ap­pears on the cop­ies or the pub­lic­a­tion of the work.

²As long as the au­thor is not named or re­mains un­known in the case of a pseud­onym or a dis­tinct­ive sign, the per­son who is the ed­it­or of the work may ex­er­cise the copy­right. Where such per­son is also not named, the per­son who has pub­lished the work may ex­er­cise the copy­right.

¹The au­thor has the ex­clus­ive right to his own work and the right to re­cog­ni­tion of his au­thor­ship.

²The au­thor has the ex­clus­ive right to de­cide wheth­er, when, how and un­der what au­thor's des­ig­na­tion his own work is pub­lished for the first time.

³A work is con­sidered to be pub­lished when it has been made avail­able for the first time by the au­thor, or with his con­sent, to a large num­ber of per­sons not con­sti­tut­ing a private circle as defined in Art­icle 19 para­graph 1 let­ter a.

¹The au­thor has the ex­clus­ive right to de­cide wheth­er, when and how his work is used.

²The au­thor has the right, in par­tic­u­lar:

a.

to pro­duce cop­ies of the work, such as prin­ted mat­ter, phono­grams, au­dio-visu­al fix­a­tions or data car­ri­ers;

b.

to of­fer, trans­fer or oth­er­wise dis­trib­ute cop­ies of the work;

c.¹

to re­cite, per­form or present a work, or make it per­cept­ible some­where else or make it avail­able dir­ectly or through any kind of me­di­um in such a way that per­sons may ac­cess it from a place and at a time in­di­vidu­ally chosen by them;

d.

to broad­cast the work by ra­dio, tele­vi­sion or sim­il­ar means, in­clud­ing by wire;

e.

to re­trans­mit works by means of tech­nic­al equip­ment, the pro­vider of which is not the ori­gin­al broad­cast­ing or­gan­isa­tion, in par­tic­u­lar in­clud­ing by wire;

f.²

to make works made avail­able, broad­cast and re­trans­mit­ted per­cept­ible.

³The au­thor of a com­puter pro­gram also has the ex­clus­ive rent­al right.

¹The au­thor has the ex­clus­ive right to de­cide:

a.

wheth­er, when and how the work may be altered;

b.

wheth­er, when and how the work may be used to cre­ate a de­riv­at­ive work or may be in­cluded in a col­lec­ted work.

²Even where a third party is au­thor­ised by con­tract or law to al­ter the work or to use it to cre­ate a de­riv­at­ive work, the au­thor may op­pose any dis­tor­tion of the work that is a vi­ol­a­tion of his per­son­al rights.

³It is per­miss­ible to use ex­ist­ing works for the cre­ation of par­od­ies or oth­er com­par­able vari­ations on the work.

¹Where the au­thor has trans­ferred the rights to a copy of a work or has con­sen­ted to such a trans­fer, these rights may sub­sequently be fur­ther trans­ferred or the copy oth­er­wise dis­trib­uted.

^1bisCop­ies of au­dio-visu­al works may not be fur­ther trans­ferred or ren­ted as long as the au­thor is thereby im­paired in ex­er­cising his right of per­form­ance (Art. 10 para. 2 let. c).¹

²Where the au­thor has trans­ferred the rights to a com­puter pro­gram or has con­sen­ted to such trans­fer, such a pro­gram may sub­sequently be used or fur­ther trans­ferred.

³Works of ar­chi­tec­ture that have been con­struc­ted may be altered by the own­er; Art­icle 11 para­graph 2 re­mains re­served.

¹Any per­son who rents or oth­er­wise makes avail­able for a fee cop­ies of lit­er­ary or artist­ic works owes re­mu­ner­a­tion to the au­thor.

²No ob­lig­a­tion to pay re­mu­ner­a­tion ex­ists for:

a.

works of ar­chi­tec­ture;

b.

cop­ies of works of ap­plied art;

c.

cop­ies of works ren­ted or lent for a con­trac­tu­ally agreed use of copy­right.

³Claims for re­mu­ner­a­tion may only be as­ser­ted by the ap­proved col­lect­ive rights man­age­ment or­gan­isa­tions (Art. 40 and seq.).

⁴This Art­icle does not ap­ply to com­puter pro­grams. The ex­clus­ive right un­der Art­icle 10 para­graph 3 re­mains re­served.

¹Any per­son who owns or is in pos­ses­sion of a copy of a work must provide ac­cess thereto to the au­thor to the ex­tent ne­ces­sary for the lat­ter to ex­er­cise the copy­right and in­so­far as no le­git­im­ate in­terest of the own­er pre­cludes such ac­cess.

²The au­thor may re­quire that a copy of the work be lent to him for an ex­hib­i­tion in Switzer­land if an over­rid­ing in­terest can be proven.

³The loan may be sub­ject to the pro­vi­sion of se­cur­ity for the in­tact re­turn of the copy of the work. Where the copy of the work can­not be re­turned in­tact, the au­thor is li­able re­gard­less of fault.

¹Where the own­er of an ori­gin­al work of which no fur­ther cop­ies ex­ist has reas­on to as­sume that the au­thor of the work has a le­git­im­ate in­terest in its pre­ser­va­tion, he may not des­troy the work without first of­fer­ing to re­turn it to the au­thor. The own­er may not re­quest more than the ma­ter­i­al value of the work.

²Where it is not pos­sible to re­turn the work, the own­er must make it pos­sible for the au­thor to re­pro­duce the ori­gin­al in an ap­pro­pri­ate man­ner.

³For works of ar­chi­tec­ture, the au­thor only has the right to pho­to­graph the work and to re­quire that cop­ies of the plans be handed to him at his own ex­pense.

¹Copy­right is as­signable or may be in­her­ited.

² The as­sign­ment of a right sub­sist­ing in the copy­right does not in­clude the as­sign­ment of oth­er par­tial rights, un­less such was agreed.

³ The as­sign­ment of the own­er­ship of a copy of a work does not in­clude the right to ex­ploit the copy­right, even in the case of an ori­gin­al work.

Where a com­puter pro­gram has been cre­ated un­der an em­ploy­ment con­tract in the course of dis­char­ging pro­fes­sion­al du­ties or ful­filling con­trac­tu­al ob­lig­a­tions, the em­ploy­er alone shall be en­titled to ex­er­cise the ex­clus­ive rights of use.

The rights re­ferred to in Art­icle 10 para­graphs 2 and 3 and in Art­icle 11 are sub­ject to debt en­force­ment in­so­far as the au­thor has already ex­er­cised them and the work has already been pub­lished with the con­sent of the au­thor.

¹Pub­lished works may be used for private use. Private use means:

a.

any per­son­al use of a work or use with­in a circle of per­sons closely con­nec­ted to each oth­er, such as re­l­at­ives or friends;

b.

any use of a work by a teach­er and his class for edu­ca­tion­al pur­poses;

c.

the copy­ing of a work in en­ter­prises, pub­lic ad­min­is­tra­tions, in­sti­tu­tions, com­mis­sions and sim­il­ar bod­ies for in­tern­al in­form­a­tion or doc­u­ment­a­tion.

²Per­sons en­titled to make cop­ies of a work for private use may also have them made by third parties sub­ject to para­graph 3; lib­rar­ies, oth­er pub­lic in­sti­tu­tions and busi­nesses that make copy­ing ap­par­at­us avail­able to their users are also deemed third parties with­in the mean­ing of this para­graph.¹

³The fol­low­ing are not per­mit­ted out­side the private sphere defined in para­graph 1 let­ter a:²

a.

the com­plete or sub­stan­tial copy­ing of a work ob­tain­able com­mer­cially;

b.

the copy­ing of works of art;

c.

the copy­ing of mu­sic­al scores;

d.

the fix­a­tion of re­cit­a­tions, per­form­ances or present­a­tions of a work on blank me­dia.

^3bisCop­ies which are made by ac­cess­ing works that are law­fully made avail­able are neither sub­ject to the re­stric­tion of private use un­der this Art­icle nor are they in­cluded in the claims for re­mu­ner­a­tion un­der Art­icle 20.³

⁴This Art­icle does not ap­ply to com­puter pro­grams.

¹The use of the work with­in a circle of per­sons un­der Art­icle 19 para­graph 1 let­ter a does not give rise to a right of re­mu­ner­a­tion sub­ject to para­graph 3.

²Any per­son who re­pro­duces works in any man­ner for private use un­der Art­icle 19 para­graph 1 let­ter b or let­ter c, or any per­son who does so as a third party un­der Art­icle 19 para­graph 2 owes re­mu­ner­a­tion to the au­thor.

³Any per­son who pro­duces or im­ports blank me­dia suit­able for the fix­a­tion of works owes re­mu­ner­a­tion to the au­thor for the use of the works un­der Art­icle 19.

⁴Claims for re­mu­ner­a­tion may only be as­ser­ted by the au­thor­ised col­lect­ive rights man­age­ment or­gan­isa­tions.

¹Any per­son who has the right to use a com­puter pro­gram may ob­tain, either per­son­ally or through a third party, ne­ces­sary in­form­a­tion on the in­ter­faces by de­cod­ing the pro­gram code us­ing in­de­pend­ently de­veloped pro­grams.

²The in­ter­face in­form­a­tion ob­tained by de­cod­ing the pro­gram code may only be used for the de­vel­op­ment, main­ten­ance and use of in­ter­op­er­able com­puter pro­grams in­so­far as neither the nor­mal ex­ploit­a­tion of the pro­gram nor the le­git­im­ate in­terests of the own­er of the rights are un­reas­on­ably pre­ju­diced.

¹The right to make broad­cast works per­cept­ible sim­ul­tan­eously and without al­ter­a­tion or to rebroad­cast such works with­in the frame­work of the re­trans­mis­sion of a broad­cast pro­gramme may only be as­ser­ted by the au­thor­ised col­lect­ive rights man­age­ment or­gan­isa­tions.

²The re­trans­mis­sion of works by means of tech­nic­al equip­ment that is in­ten­ded to serve a small num­ber of re­ceiv­ers, such as in­stall­a­tions in a mul­tiple-fam­ily dwell­ing or in a res­id­en­tial com­plex, is per­mit­ted.

³This Art­icle does not ap­ply to the rebroad­cast­ing of sub­scrip­tion tele­vi­sion pro­grammes or of pro­grammes that can­not be re­ceived in Switzer­land.

¹The fol­low­ing rights to archived works of broad­cast­ing or­gan­isa­tions' un­der the Fed­er­al Act of 24 March 2006² on Ra­dio and Tele­vi­sion may only be as­ser­ted by the au­thor­ised col­lect­ive rights man­age­ment or­gan­isa­tions, sub­ject to para­graph 3:

a.

the right to broad­cast the un­mod­i­fied com­plete archived work or an ex­cerpt there­of;

b.

the right to make avail­able the un­mod­i­fied com­plete work, or an ex­cerpt there­of, in such a way that per­sons may ac­cess it from a place or at a time in­di­vidu­ally chosen by them;

c.

the re­pro­duc­tion rights ne­ces­sary to ex­er­cise the uses un­der let­ters a and b.

²A broad­cast­ing or­gan­isa­tions' archived work means a work fixed on a phono­gram or au­dio-visu­al fix­a­tion which was cre­ated by a broad­cast­ing or­gan­isa­tion un­der its own ed­it­or­i­al re­spons­ib­il­ity and at its own ex­pense or by a third party at the sole re­quest and ex­pense of the broad­cast­ing or­gan­isa­tion and which was first broad­cast at least ten years pre­vi­ously. In the event that oth­er works or parts of works are in­teg­rated in­to an archived work, para­graph 1 also ap­plies to the as­ser­tion of rights to this work or par­tial work in­so­far as these do not sig­ni­fic­antly de­term­ine the unique char­ac­ter of the archived works.

³To the ex­tent that the rights un­der para­graph 1 and their re­mu­ner­a­tion are reg­u­lated in a con­tract pri­or to the first broad­cast or with­in ten years there­after, the con­trac­tu­al pro­vi­sions ap­ply ex­clus­ively. Para­graph 1 does not ap­ply to the broad­cast­ing or­gan­isa­tions' rights un­der Art­icle 37. The broad­cast­ing or­gan­isa­tions and the third parties in­volved must provide in­form­a­tion re­gard­ing the con­trac­tu­al agree­ment to the col­lect­ive rights man­age­ment or­gan­isa­tion upon re­quest.

¹The rights re­quired to ex­ploit phono­grams or au­dio-visu­al fix­a­tions may only be as­ser­ted by the au­thor­ised col­lect­ive rights man­age­ment or­gan­isa­tions if:

a.

ex­ploit­a­tion relates to pub­licly ac­cess­ible archive col­lec­tions or archived works of broad­cast­ing or­gan­isa­tions;

b.

the rights hold­ers are un­known or can­not be found; and

c.

the phono­grams or au­dio-visu­al fix­a­tions to be ex­ploited were pro­duced or re­pro­duced in Switzer­land at least ten years pre­vi­ously.

²The users are re­quired to re­port the phono­grams or au­dio-visu­al fix­a­tions con­tain­ing orphan works to the col­lect­ive rights man­age­ment or­gan­isa­tions.

¹The right to make non-the­at­ric­al works of mu­sic con­tained in a broad­cast avail­able through a ra­dio or tele­vi­sion pro­gramme may only be as­ser­ted by the au­thor­ised col­lect­ive rights man­age­ment or­gan­isa­tions if:

a.

the broad­cast was primar­ily pro­duced by the broad­cast­ing or­gan­isa­tion or at its re­quest;

b.

the broad­cast was ded­ic­ated to a non-mu­sic­al top­ic which took pre­ced­ence over the mu­sic and was an­nounced pri­or to the broad­cast in the usu­al man­ner;

c.

mak­ing it avail­able does not im­pair the sale of mu­sic on phono­grams or through on­line of­fers by third parties.

²Sub­ject to the re­quire­ments of para­graph 1, the right of re­pro­duc­tion for the pur­pose of mak­ing avail­able may only be as­ser­ted by the au­thor­ised col­lect­ive rights man­age­ment or­gan­isa­tions.

¹If a mu­sic­al work, with or without lyr­ics, has been fixed on a phono­gram in Switzer­land or abroad and has been offered, trans­ferred or oth­er­wise dis­trib­uted in this form with the per­mis­sion of the au­thor, all man­u­fac­tur­ers of phono­grams with a com­mer­cial es­tab­lish­ment in Switzer­land may also re­quest per­mis­sion from the copy­right own­er to do the same in Switzer­land against re­mu­ner­a­tion.

²The Fed­er­al Coun­cil may waive the re­quire­ment of a com­mer­cial es­tab­lish­ment in Switzer­land in the case of na­tion­als of coun­tries grant­ing re­cipro­city.

¹One copy of a work may be made in or­der to en­sure its pre­ser­va­tion. The ori­gin­al or the copy must be stored in an archive not ac­cess­ible to the gen­er­al pub­lic and be marked as the archive copy.

^1bisPub­lic lib­rar­ies, edu­ca­tion­al in­sti­tu­tions, mu­seums and archives ac­cess­ible to the pub­lic may make those cop­ies of the works re­quired to se­cure and pre­serve their col­lec­tions in­so­far as these cop­ies are not made for fin­an­cial or com­mer­cial gain.¹

²Any per­son en­titled to use a com­puter pro­gram may make one backup copy there­of; this right may not be waived by con­tract.

The mak­ing of tem­por­ary cop­ies of a work is per­mit­ted if:

a.

they are tran­si­ent or in­cid­ent­al;

b.

they rep­res­ent an in­teg­ral and es­sen­tial part of a tech­no­lo­gic­al pro­cess;

c.

their sole pur­pose is to en­able a trans­mis­sion of the work in a net­work between third parties by an in­ter­me­di­ary or a law­ful use of the work;

d.

they have no in­de­pend­ent eco­nom­ic sig­ni­fic­ance.

¹If com­mer­cially avail­able phono­grams or au­dio-visu­al fix­a­tions are used for broad­cast­ing pur­poses by broad­cast­ing or­gan­isa­tions sub­ject to the Fed­er­al Act of 24 March 2006² on Ra­dio and Tele­vi­sion, the rights of re­pro­duc­tion of non-the­at­ric­al mu­sic­al works may only be as­ser­ted by an au­thor­ised col­lect­ive rights man­age­ment or­gan­isa­tion.

²Cop­ies pro­duced in ac­cord­ance with para­graph 1 may neither be trans­ferred nor oth­er­wise dis­trib­uted; they must be pro­duced by the broad­cast­ing or­gan­isa­tion by means of their own fa­cil­it­ies. They must be des­troyed after they have ful­filled their pur­pose. Art­icle 11 re­mains re­served.

¹A work may be re­pro­duced in a form which is ac­cess­ible to people with dis­ab­il­it­ies in­so­far as the work can­not be per­ceived by the senses, or can only be per­ceived by the senses with dif­fi­culty, in its already pub­lished form.

²Such cop­ies of the work may only be pro­duced and placed on the mar­ket for non-com­mer­cial pur­poses, and only for the use of people with dis­ab­il­it­ies.

³The au­thor has the right to re­mu­ner­a­tion for the re­pro­duc­tion and dis­tri­bu­tion of his work in a form ac­cess­ible to people with dis­ab­il­it­ies oth­er than in the case of the pro­duc­tion of in­di­vidu­al cop­ies of the work.

⁴Claims for re­mu­ner­a­tion may only be as­ser­ted by the au­thor­ised col­lect­ive rights man­age­ment or­gan­isa­tions.

¹ Pub­lished works may be quoted if the quo­ta­tion serves as an ex­plan­a­tion, a ref­er­ence or an il­lus­tra­tion, and the ex­tent of the quo­ta­tion is jus­ti­fied for such pur­pose.

²The quo­ta­tion must be des­ig­nated as such and the source giv­en. Where the source in­dic­ates the name of the au­thor, the name must also be cited.

A work form­ing part of a col­lec­tion ac­cess­ible to the pub­lic may be re­pro­duced in a cata­logue is­sued by the ad­min­is­trat­ors of the col­lec­tion; the same rule ap­plies to the pub­lic­a­tion of ex­hib­i­tion and auc­tion cata­logues.

¹A work per­man­ently situ­ated in a place ac­cess­ible to the pub­lic may be de­pic­ted; the de­pic­tion may be offered, trans­ferred, broad­cast or oth­er­wise dis­trib­uted.

²The de­pic­tion may not be three-di­men­sion­al and it may not serve the same pur­pose as the ori­gin­al.

¹Where it is ne­ces­sary for re­port­ing cur­rent events, the works per­ceived in do­ing so may be fixed, re­pro­duced, presen­ted, broad­cast, dis­trib­uted or oth­er­wise made per­cept­ible.

²For the pur­poses of in­form­a­tion about cur­rent af­fairs, short ex­cerpts from press art­icles or from ra­dio and tele­vi­sion re­ports may be re­pro­duced, dis­trib­uted, broad­cast or re­trans­mit­ted; full ref­er­ence must be made to the rel­ev­ant ex­cerpt as well as the source. Where the source refers to the name of the au­thor, the name must also be cited.

¹A work is pro­tec­ted by copy­right as soon as it is cre­ated, ir­re­spect­ive of wheth­er it has been fixed on a phys­ic­al me­di­um.

²Pro­tec­tion ex­pires:

a.

in the case of com­puter pro­grams, 50 years after the death of the au­thor;

b.

in the case of all oth­er works, 70 years after the death of the au­thor.

³Where it is has to be as­sumed that the au­thor has been dead for more than 50 or 70 years¹ re­spect­ively, pro­tec­tion no longer ap­plies.

¹Where two or more per­sons have par­ti­cip­ated in the cre­ation of a work (Art. 7), pro­tec­tion ex­pires:

a.

in the case of com­puter pro­grams, 50 years after the death of the last sur­viv­ing joint au­thor¹;

b.

in the case of all oth­er works, 70 years after the death of the last sur­viv­ing joint au­thor².

²Where the in­di­vidu­al con­tri­bu­tions may be sep­ar­ated, pro­tec­tion for each con­tri­bu­tion ex­pires 50 or 70 years³ re­spect­ively after the death of the re­spect­ive au­thor.

³In the case of films and oth­er au­dio-visu­al works, the cal­cu­la­tion of the term of pro­tec­tion is based solely on the date of the death of the dir­ect­or.

¹Where the au­thor of a work is un­known, pro­tec­tion for that work ex­pires 70 years after it has been pub­lished or, if it has been pub­lished in in­stal­ments, 70 years after the fi­nal in­stal­ment.

²If the iden­tity of the per­son¹ who has cre­ated the work be­comes pub­licly known be­fore the ex­piry of the afore­men­tioned term, pro­tec­tion for the work ex­pires:

a.

in the case of com­puter pro­grams, 50 years after the death of the au­thor²;

b.

in the case of all oth­er works, 70 years after the death of the au­thor³.

The term of pro­tec­tion is cal­cu­lated from 31 Decem­ber of the year in which the event de­term­in­ing the cal­cu­la­tion oc­curred.

¹A per­former is any nat­ur­al per­son who per­forms a work or an ex­pres­sion of folk­lore or who par­ti­cip­ates artist­ic­ally in the per­form­ance of such a work.¹

²Per­formers have the fol­low­ing ex­clus­ive right in re­spect of their per­form­ance or its fix­a­tion:²

a. ³

to make their per­form­ance per­cept­ible in some place oth­er than that in which it was per­formed, either dir­ectly or through any kind of me­di­um, in such a way that per­sons may ac­cess it from a place and at a time in­di­vidu­ally chosen by them.

b.

to broad­cast their per­form­ance by ra­dio, tele­vi­sion or sim­il­ar meth­od, in­clud­ing by wire, as well as to re­trans­mit the broad­cast per­form­ance by means of tech­nic­al equip­ment, the pro­vider of which is not the ori­gin­al broad­cast­ing or­gan­isa­tion;

c.

to fix their per­form­ance on blank me­dia and to re­pro­duce such fix­a­tions;

d.

to of­fer, trans­fer or oth­er­wise dis­trib­ute cop­ies of their per­form­ance;

e. ⁴

to make their per­form­ance per­cept­ible when they are broad­cast, re­trans­mit­ted or made avail­able to the pub­lic.

¹Per­formers have the right to be re­cog­nised as such when they per­form a work.

²The pro­tec­tion of per­formers from derog­at­ory treat­ment of their per­form­ances is sub­ject to Art­icles 28-28l of the Swiss Civil Code².

¹Where two or more per­sons have par­ti­cip­ated artist­ic­ally in a per­form­ance, they are jointly en­titled to the re­lated rights un­der Art­icle 7.

²Where per­formers ap­pear as a group un­der a com­mon name, the rep­res­ent­at­ive named by the per­form­ing group shall have the au­thor­ity to as­sert the rights of the mem­bers. In­so­far as the group does not name a rep­res­ent­at­ive, the per­son who pro­duces the per­form­ance or fixes it on blank me­dia, or who broad­casts it has the au­thor­ity to as­sert the rights.

³In the case of a chor­al, or­ches­tral or stage per­form­ance, use of the per­form­ance un­der Art­icle 33 re­quires the con­sent of the fol­low­ing per­sons:

a.

the so­loists;

b.

the con­duct­or;

c.

the dir­ect­or;

d.

the rep­res­ent­at­ive of the per­form­ing group un­der para­graph 2.

⁴Any per­son who has the right to ex­ploit a per­form­ance on an au­dio-visu­al fix­a­tion is con­sidered to be au­thor­ised to per­mit third parties to make the fixed per­form­ance avail­able in such a way that per­sons may have ac­cess to it from a place and at a time in­di­vidu­ally chosen by them.

⁵In the ab­sence of the cor­res­pond­ing stat­utory or con­trac­tu­al pro­vi­sions, the re­la­tion­ship between the au­thor­ised per­sons un­der para­graphs 2 and 4 and the per­formers whom they rep­res­ent is gov­erned by the pro­vi­sions on agency without au­thor­ity.

¹If com­mer­cially avail­able phono­grams or au­dio-visu­al fix­a­tions are used for the pur­pose of broad­cast­ing, re­trans­mis­sion, pub­lic re­cep­tion (Art­icle 33 para. 2 let. e) or per­form­ance, the per­formers have a right to re­mu­ner­a­tion.

²The pro­du­cer of the me­di­um thus used is en­titled to an equit­able share of the re­mu­ner­a­tion of the per­formers.

³Claims for re­mu­ner­a­tion may only be as­ser­ted by the au­thor­ised col­lect­ive rights man­age­ment or­gan­isa­tions.

⁴For­eign per­formers who are not ha­bitu­ally res­id­ent in Switzer­land only have a right to re­mu­ner­a­tion if the state of which they are a na­tion­al af­fords a cor­res­pond­ing right to Swiss na­tion­als.

A pro­du­cer of phono­grams and au­dio-visu­al fix­a­tions has the ex­clus­ive right:

a.

to re­pro­duce the fix­a­tions and to of­fer, trans­fer or oth­er­wise dis­trib­ute the re­pro­duc­tions;

b.

to make the fix­a­tions avail­able through any kind of me­di­um in such a way that per­sons may ac­cess them from a place and at a time in­di­vidu­ally chosen by them.

A broad­cast­ing or­gan­isa­tion has the ex­clus­ive right:

a.

to re­trans­mit its broad­casts;

b.

to make its broad­casts per­cept­ible;

c.

to fix its broad­casts on blank me­dia and to re­pro­duce such fix­a­tions;

d.

to of­fer, trans­fer or oth­er­wise dis­trib­ute cop­ies of the fix­a­tions of its broad­cast;

e.¹

to make its broad­casts avail­able through any kind of me­di­um in such a way that per­sons may ac­cess them from a place and at a time in­di­vidu­ally chosen by them.

The pro­vi­sions un­der Art­icle 12 para­graph 1 and Art­icle 13 as well as Chapters 4 and 5 of the Second Title of this Act ap­ply mu­tatis mutandis to the rights to which the per­formers, phono­gram and au­dio-visu­al fix­a­tion pro­du­cers and broad­cast­ing or­gan­isa­tions are en­titled.

¹Pro­tec­tion be­gins with the per­form­ance of the work or of the ex­pres­sion of folk­lore by the per­formers, with the pub­lic­a­tion of the phono­gram or au­dio-visu­al fix­a­tion, or with its pro­duc­tion if it is not pub­lished, or with the trans­mis­sion of the broad­cast; it ends after 50 years.¹

^1bisThe right to re­cog­ni­tion as a per­former un­der Art­icle 33a para­graph 1 ex­pires on the death of the per­former, but not be­fore the term of pro­tec­tion un­der para­graph 1 ex­pires.²

²The term of pro­tec­tion is cal­cu­lated from 31 Decem­ber of the year in which the event de­term­in­ing the cal­cu­la­tion oc­curred.

¹Ef­fect­ive tech­no­lo­gic­al meas­ures for the pro­tec­tion of works and oth­er pro­tec­ted sub­ject-mat­ter may not be cir­cum­ven­ted.

²Ef­fect­ive tech­no­lo­gic­al meas­ures in ac­cord­ance with para­graph 1 means tech­no­lo­gies and devices such as ac­cess con­trol, copy con­trol, en­cryp­tion, scram­bling and oth­er modi­fic­a­tion mech­an­isms that are in­ten­ded and suit­able for pre­vent­ing or lim­it­ing the un­au­thor­ised use of works and oth­er sub­ject-mat­ter.

³It is un­law­ful to man­u­fac­ture, im­port, of­fer, trans­fer or oth­er­wise dis­trib­ute, rent, give for use, and ad­vert­ise or pos­sess for com­mer­cial pur­poses devices, products or com­pon­ents, or provide ser­vices which:

a.

are the sub­ject-mat­ter of sales pro­mo­tion, ad­vert­ising or mar­ket­ing with the goal of cir­cum­vent­ing ef­fect­ive tech­no­lo­gic­al meas­ures;

b.

have only a lim­ited com­mer­cially sig­ni­fic­ant pur­pose or use oth­er than the cir­cum­ven­tion of ef­fect­ive tech­no­lo­gic­al meas­ures;

c.

are primar­ily de­signed, man­u­fac­tured, ad­ap­ted or per­formed for the pur­pose of en­abling or fa­cil­it­at­ing the cir­cum­ven­tion of ef­fect­ive tech­no­lo­gic­al meas­ures.

⁴The ban on cir­cum­ven­tion may not be en­forced against those per­sons who un­der­take the cir­cum­ven­tion ex­clus­ively for leg­ally per­mit­ted uses.

¹The Fed­er­al Coun­cil shall es­tab­lish a mon­it­or­ing of­fice for tech­no­lo­gic­al meas­ures which:

a.

mon­it­ors and re­ports on the ef­fects of tech­no­lo­gic­al meas­ures in ac­cord­ance with Art­icle 39a para­graph 2 on the ex­cep­tions and lim­it­a­tions reg­u­lated by Art­icles 19-28;

b.

acts as a li­ais­on between user and con­sumer groups and the users of tech­no­lo­gic­al meas­ures, and en­cour­ages co­oper­at­ive solu­tions.

²The Fed­er­al Coun­cil reg­u­lates the tasks and or­gan­isa­tion of the mon­it­or­ing of­fice. It may provide that meas­ures by the mon­it­or­ing of­fice be taken if pub­lic in­terests pro­tec­ted by the ex­cep­tions and lim­it­a­tions of copy­right so re­quire.

¹Rights man­age­ment in­form­a­tion on copy­right and re­lated rights may not be re­moved or altered.

²Elec­tron­ic in­form­a­tion that iden­ti­fies works and oth­er sub­ject-mat­ter or in­form­a­tion about the terms and con­di­tions of use as well as any num­bers or codes that rep­res­ent such in­form­a­tion are pro­tec­ted when such in­form­a­tion:

a.

is af­fixed to a phono­gram, au­dio-visu­al fix­a­tion or data car­ri­er; or

b.

ap­pears in con­junc­tion with the com­mu­nic­a­tion of a work or oth­er sub­ject-mat­ter without tan­gible me­di­um.

³Works or oth­er sub­ject-mat­ter from which the rights man­age­ment in­form­a­tion con­cern­ing copy­right and re­lated rights has been re­moved or altered may not be copied, im­por­ted, offered, trans­ferred or oth­er­wise dis­trib­uted or broad­cast, made per­cept­ible or made avail­able in this form.

¹The fol­low­ing are sub­ject to fed­er­al su­per­vi­sion:

a.

the man­age­ment of ex­clus­ive rights for the per­form­ance and broad­cast­ing of non-the­at­ric­al works of mu­sic and the pro­duc­tion of phono­grams and au­dio-visu­al fix­a­tions of such works.

a^bis1 the as­ser­tion of ex­clus­ive rights un­der Art­icles 22, 22a-22c and 24b;

b.²

the as­ser­tion of rights to re­mu­ner­a­tion provided for in this Act un­der Art­icles 13, 20, 24c and 35.

²The Fed­er­al Coun­cil may sub­ject oth­er areas of col­lect­ive rights man­age­ment to fed­er­al su­per­vi­sion if pub­lic in­terest so re­quires.

³The per­son­al ex­ploit­a­tion of ex­clus­ive rights un­der para­graph 1 let­ter a by the au­thor or his heirs is not sub­ject to fed­er­al su­per­vi­sion.

Any per­son who ex­ploits rights which are sub­ject to fed­er­al su­per­vi­sion re­quires au­thor­isa­tion from the Swiss Fed­er­al In­sti­tute of In­tel­lec­tu­al Prop­erty (IPI)¹.

¹Au­thor­isa­tion is only giv­en to col­lect­ive rights man­age­ment or­gan­isa­tions which:

a.

have been foun­ded un­der Swiss law, are dom­i­ciled in Switzer­land and con­duct their busi­ness from Switzer­land;

b.

have the man­age­ment of copy­right or re­lated rights as their primary pur­pose;

c.

are open to all hold­ers of rights;

d.

grant an ap­pro­pri­ate right of par­ti­cip­a­tion in the de­cisions of the so­ci­ety to au­thors and per­formers;

e.

guar­an­tee com­pli­ance with the stat­utory pro­vi­sions, in par­tic­u­lar in terms of their art­icles of as­so­ci­ation;

f.

give rise to the ex­pect­a­tion of the ef­fect­ive and eco­nom­ic ex­ploit­a­tion of rights.

² In gen­er­al, au­thor­isa­tion is only gran­ted to a single col­lect­ive rights man­age­ment or­gan­isa­tion per cat­egory of work and to a single col­lect­ive rights man­age­ment or­gan­isa­tion for re­lated rights.

¹Au­thor­isa­tion is gran­ted for five years; on ex­piry, it may be re­newed for the same term.

²No­tice of the grant­ing, re­new­al, modi­fic­a­tion, with­draw­al and non-re­new­al of such au­thor­isa­tion shall be pub­lished.

The col­lect­ive rights man­age­ment or­gan­isa­tions have an ob­lig­a­tion to the hold­ers of rights to as­sert those rights that fall with­in their field of activ­ity.

¹The col­lect­ive rights man­age­ment or­gan­isa­tions are re­quired to con­duct their busi­ness in ac­cord­ance with prop­er busi­ness man­age­ment prin­ciples.

²They ad­min­is­ter the rights in ac­cord­ance with set rules and with the prin­ciple of equal treat­ment.

³They may not aim to make a profit.

⁴They shall con­clude, wherever pos­sible, re­cip­roc­al agree­ments with for­eign col­lect­ive rights man­age­ment or­gan­isa­tions.

¹The col­lect­ive rights man­age­ment or­gan­isa­tions shall draw up tar­iffs for the re­mu­ner­a­tion that they col­lect.

²They ne­go­ti­ate the terms of each tar­iff with the rel­ev­ant as­so­ci­ations of users.

³They shall sub­mit the tar­iffs to the Fed­er­al Ar­bit­ra­tion Com­mis­sion (Art. 55) for ap­prov­al and shall pub­lish the ap­proved tar­iffs.

¹Where more than one col­lect­ive rights man­age­ment or­gan­isa­tion op­er­ates in the same field of use, they shall draw up a joint tar­iff ap­ply­ing uni­form prin­ciples for use of the same works or per­form­ances and shall des­ig­nate one of their num­ber as the joint of­fice for pay­ment.

²The Fed­er­al Coun­cil may en­act fur­ther pro­vi­sions con­cern­ing their col­lab­or­a­tion.

^{1The col­lect­ive rights man­age­ment or­gan­isa­tions are re­quired to draw up dis­tribution reg­u­la­tions and to sub­mit them to the su­per­vis­ory au­thor­ity (Art. 52 para. 1) for ap­prov­al.}

²With the ap­prov­al of the su­preme or­gan of the rights man­age­ment or­gan­isa­tion, a por­tion of the pro­ceeds may be used for so­cial wel­fare pur­poses and for the ap­pro­pri­ate pro­mo­tion of cul­ture.

¹The col­lect­ive rights man­age­ment or­gan­isa­tions must dis­trib­ute the ex­ploit­a­tion pro­ceeds in pro­por­tion to the rev­en­ue de­rived from the in­di­vidu­al works and per­form­ances. They must make all reas­on­able ef­forts to identi­fy those who are en­titled to a share of the pro­ceeds.

²If a dis­tri­bu­tion en­tails un­reas­on­able ex­pense, the col­lect­ive rights man­age­ment or­gan­isa­tions may es­tim­ate the ex­tent of rev­en­ue; the es­tim­ates are based on factors that are cap­able of veri­fic­a­tion and are ap­pro­pri­ate.

³The pro­ceeds are di­vided between the ori­gin­al hold­ers of rights and oth­er en­titled per­sons in such a way that an equit­able share goes to the au­thor and the per­former. A dif­fer­ent dis­tri­bu­tion is per­miss­ible where the ex­pense would be un­reas­on­able.

⁴Con­trac­tu­al agree­ments made by the ori­gin­al hold­ers of rights with third parties take pre­ced­ence over the rules of dis­tri­bu­tion.

The col­lect­ive rights man­age­ment or­gan­isa­tions must provide the su­per­vis­ory au­thor­ity with all the in­form­a­tion and doc­u­ments ne­ces­sary for car­ry­ing out its su­per­vis­ory du­ties, and also provide ac­count of its activ­it­ies in an an­nu­al re­port.

¹Where it may reas­on­ably be ex­pec­ted, the users of works must provide the col­lect­ive rights man­age­ment or­gan­isa­tions with all the ne­ces­sary in­form­a­tion for the de­term­in­a­tion and ap­plic­a­tion of the tar­iffs and for dis­trib­ut­ing the pro­ceeds.

²The col­lect­ive rights man­age­ment or­gan­isa­tions are ob­liged to pre­serve trade secrets.

¹The IPI (su­per­vis­ory au­thor­ity) su­per­vises the col­lect­ive rights man­age­ment or­gan­isa­tions.

²…¹

¹The su­per­vis­ory au­thor­ity su­per­vises the con­duct of busi­ness of the col­lect­ive rights man­age­ment or­gan­isa­tions and en­sures that they com­ply with their ob­lig­a­tions. It ex­am­ines and ap­proves their an­nu­al re­ports.

²It may is­sue dir­ect­ives con­cern­ing the ob­lig­a­tion to provide in­form­a­tion (Art. 50).

³It may also call on agents not be­long­ing to the Fed­er­al Ad­min­is­tra­tion to ex­er­cise its powers; such agents are bound by a duty of con­fid­en­ti­al­ity.

¹If a col­lect­ive rights man­age­ment or­gan­isa­tion fails to com­ply with its ob­lig­a­tions, the su­per­vis­ory au­thor­ity shall set an ap­pro­pri­ate time lim­it in which the situ­ation must be remedied; if the time lim­it is not com­plied with, the su­per­vis­ory au­thor­ity shall take ne­ces­sary meas­ures.

²In the event of re­fus­al to com­ply with its de­cisions, the su­per­vis­ory au­thor­ity may, after is­su­ing a warn­ing, re­strict or with­draw au­thor­isa­tion.

³The su­per­vis­ory au­thor­ity may pub­lish fi­nal de­cisions at the ex­pense of the col­lect­ive rights man­age­ment or­gan­isa­tion.

¹The Fed­er­al Ar­bit­ra­tion Com­mis­sion for the Ex­ploit­a­tion of Copy­rights and Re­lated Rights (Ar­bit­ra­tion Com­mis­sion) is re­spons­ible for ap­prov­ing the tar­iffs of the col­lect­ive rights man­age­ment or­gan­isa­tions (Art. 46).

²Its mem­bers are ap­poin­ted by the Fed­er­al Coun­cil. It reg­u­lates the or­gan­isa­tion and pro­ced­ures of the Ar­bit­ra­tion Com­mis­sion in ac­cord­ance with the Ad­min­is­trat­ive Pro­ced­ure Act of 20 Decem­ber 1968¹.

³The Ar­bit­ra­tion Com­mis­sion ac­cepts no dir­ect­ives in tak­ing its de­cisions; the staff of the Sec­ret­ari­at of the Com­mis­sion are an­swer­able for such activ­ity to the Chair­man of the Com­mis­sion.

¹The Ar­bit­ra­tion Com­mis­sion con­sists of a chair­man, two co-ar­bit­rat­ors, two depu­ties as well as ad­di­tion­al ar­bit­rat­ors.

²The ad­di­tion­al ar­bit­rat­ors are nom­in­ated by the col­lect­ive rights man­age­ment or­gan­isa­tions and the rel­ev­ant as­so­ci­ations of users of works and per­form­ances.

¹ The Ar­bit­ra­tion Com­mis­sion takes its de­cisions with a quor­um of five mem­bers: the chair­man, two co-ar­bit­rat­ors and two ad­di­tion­al ar­bit­rat­ors.

² The chair­man des­ig­nates the two ad­di­tion­al ar­bit­rat­ors for each item of busi­ness, who must be com­pet­ent in the mat­ter at hand. One of the ad­di­tion­al ar­bit­rat­ors is des­ig­nated on a nom­in­a­tion by the col­lect­ive rights man­age­ment or­gan­isa­tions and one on a nom­in­a­tion by the users' as­so­ci­ations.

³ The fact that a tech­nic­ally com­pet­ent mem­ber be­longs to a col­lect­ive rights man­age­ment or­gan­isa­tion or to a users' as­so­ci­ation does not in it­self con­sti­tute grounds for his re­cus­al.

¹The Fed­er­al De­part­ment of Justice and Po­lice is the ad­min­is­trat­ive su­per­vis­ory au­thor­ity for the Ar­bit­ra­tion Com­mis­sion.

²The Ar­bit­ra­tion Com­mis­sion shall sub­mit an an­nu­al re­port to the De­part­ment on its activ­it­ies.

¹The Ar­bit­ra­tion Com­mis­sion shall ap­prove the tar­iff sub­mit­ted to it if its struc­ture and in­di­vidu­al pro­vi­sions are fair and reas­on­able.

²It may make modi­fic­a­tions after hear­ing the col­lect­ive rights man­age­ment or­gan­isa­tion and the users' as­so­ci­ations (Art. 46 para. 2) in­volved in the pro­ced­ure.

³Fi­nally ap­proved tar­iffs are bind­ing on the courts.

¹When de­term­in­ing re­mu­ner­a­tion, ac­count is taken of:

a.

the pro­ceeds ob­tained from the use of the work, per­form­ance, phono­gram or au­dio-visu­al fix­a­tion or broad­cast, or al­tern­at­ively the costs in­curred in such use;

b.

the nature and quant­ity of the works, per­form­ances, phono­grams or au­dio-visu­al fix­a­tions or broad­casts used;

c.

the ra­tio of pro­tec­ted to un­pro­tec­ted works, per­form­ances, phono­grams or au­dio-visu­al fix­a­tions or broad­casts as well as to oth­er ser­vices.

²Re­mu­ner­a­tion nor­mally amounts to a max­im­um of ten per cent of the pro­ceeds or costs in­curred from the use of the copy­right and a max­im­um of three per cent for re­lated rights; however, it is de­term­ined in such a way that en­titled per­sons re­ceive equit­able re­mu­ner­a­tion con­di­tioned upon sound fin­an­cial man­age­ment for the ad­min­is­tra­tion of rights.

³The use of the work un­der Art­icle 19 para­graph 1 let­ter b is sub­ject to pref­er­en­tial tar­iffs.

Any per­son who can demon­strate a leg­al in­terest may bring an ac­tion for a de­clar­at­ory judg­ment on wheth­er or not a right or leg­al re­la­tion­ship ex­ists un­der this Act.

¹Any per­son whose copy­right or re­lated right is in­fringed or threatened may re­quest the court:

a.

to pro­hib­it an im­min­ent in­fringe­ment;

b.

to rem­edy an ex­ist­ing in­fringe­ment;

c.¹

to re­quire the de­fend­ant to provide in­form­a­tion on the ori­gin and quant­ity of items in his pos­ses­sion that have been un­law­fully man­u­fac­tured or placed on the mar­ket and to name the re­cip­i­ents and dis­close the ex­tent of any dis­tri­bu­tion to com­mer­cial and in­dus­tri­al cus­tom­ers.

^1bisA threat to copy­right or re­lated rights is in par­tic­u­lar present in acts men­tioned in Art­icle 39a para­graphs 1 and 3 and Art­icle 39c para­graphs 1 and 3.²

² Ac­tions brought un­der the Code of Ob­lig­a­tions³ for dam­ages, sat­is­fac­tion and hand­ing over of profits in ac­cord­ance with the pro­vi­sions con­cern­ing agency without au­thor­ity re­main re­served.

³Any per­son who holds an ex­clus­ive li­cence is en­titled to bring a sep­ar­ate ac­tion un­less this is ex­pressly ex­cluded in the li­cence agree­ment. Any li­censees may join an in­fringe­ment ac­tion in or­der to claim for their own losses.⁴

¹The court may or­der the for­feit­ure and sale or de­struc­tion of the un­law­fully man­u­fac­tured items or equip­ment, devices and oth­er means that primar­ily serve their man­u­fac­ture.¹

2 The above does not ap­ply to works of ar­chi­tec­ture that have been con­struc­ted.

¹ Any per­son re­quest­ing pre­lim­in­ary meas­ures may, in par­tic­u­lar, re­quest that the court or­ders meas­ures to:

a. se­cure evid­ence;

b. es­tab­lish the ori­gin of items un­law­fully man­u­fac­tured or placed on the mar­ket;

c. pre­serve the ex­ist­ing state of af­fairs;

d. pro­vi­sion­ally en­force claims for in­junct­ive re­lief and rem­edy in­fringe­ment.

The court may or­der, at the re­quest of the suc­cess­ful party, that the judg­ment be pub­lished at the ex­pense of the oth­er party. The court de­term­ines the form and ex­tent of the pub­lic­a­tion.

The courts shall provide the IPI with full of­fi­cial cop­ies of the fi­nal judg­ments free of charge.

¹On the com­plaint of the per­son whose rights have been in­fringed, any per­son who wil­fully and un­law­fully com­mits any of the fol­low­ing acts is li­able to a cus­todi­al sen­tence not ex­ceed­ing one year or a mon­et­ary pen­alty: ¹

a.

uses a work un­der a false des­ig­na­tion or a des­ig­na­tion that dif­fers from that de­cided by the au­thor;

b.

pub­lishes a work;

c.

mod­i­fies a work;

d.

uses a work to cre­ate a de­riv­at­ive work;

e.

pro­duces cop­ies of a work in any man­ner;

f.

of­fers, trans­fers or oth­er­wise dis­trib­utes cop­ies of a work;

g.

re­cites, per­forms or presents a work or makes a work per­cept­ible some­where else either dir­ectly or with the help of any kind of me­di­um;

g^bis2 makes a work avail­able through any kind of me­di­um in such a way that per­sons may ac­cess it from a place and at a time in­di­vidu­ally chosen by them;

h.

broad­casts a work by ra­dio, tele­vi­sion or sim­il­ar means, in­clud­ing by wire, or re­trans­mits a broad­cast work by means of tech­nic­al equip­ment, the op­er­at­or of which is not the ori­gin­al broad­cast­ing or­gan­isa­tion;

i.³

makes a work made avail­able, a broad­cast work or a re­trans­mit­ted work per­cept­ible;

k.⁴

re­fuses to no­ti­fy the au­thor­ity con­cerned of the ori­gin and quant­ity of items in his pos­ses­sion that have been un­law­fully man­u­fac­tured or placed on the mar­ket, and to name the re­cip­i­ents and dis­close the ex­tent of any dis­tri­bu­tion to com­mer­cial and in­dus­tri­al con­sumers;

l.

rents out a com­puter pro­gram.

²Any per­son who has com­mit­ted any act men­tioned in para­graph 1 for com­mer­cial gain shall be pro­sec­uted ex of­fi­cio. The pen­alty is a cus­todi­al sen­tence not ex­ceed­ing five years or a mon­et­ary pen­alty. The cus­todi­al sen­tence must be com­bined with a mon­et­ary pen­alty.⁵

Any per­son who in­ten­tion­ally omits to in­dic­ate the source used where re­quired by stat­ute (Art­icles 25 and 28) and where the au­thor is named therein, to provide the name of the au­thor, is li­able to a fine on the com­plaint of the per­son whose rights have been in­fringed.

¹On the com­plaint of the per­son whose rights have been in­fringed, any per­son who wil­fully and un­law­fully com­mits any of the fol­low­ing acts is li­able to a cus­todi­al sen­tence not ex­ceed­ing one year or a mon­et­ary pen­alty: ¹

a.

broad­casts the per­form­ance of a work by ra­dio, tele­vi­sion or sim­il­ar means, in­clud­ing by wire;

b.

fixes a per­form­ance of a work on blank me­dia;

c.

of­fers, trans­fers or oth­er­wise dis­trib­utes cop­ies of a per­form­ance of a work;

d.

re­trans­mits a broad­cast per­form­ance of a work by means of tech­nic­al equip­ment, the op­er­at­or of which is not the ori­gin­al broad­cast­ing or­gan­isa­tion;

e.²

makes a per­form­ance of a work made avail­able, a broad­cast per­form­ance of a work or a re­trans­mit­ted per­form­ance of a work per­cept­ible;

e^bis.³

uses a per­form­ance of a work un­der a false name or un­der a name oth­er than the artist name des­ig­nated by the per­former;

e^ter.⁴

makes a per­form­ance of a work, a phono­gram or au­dio-visu­al fix­a­tion or a broad­cast avail­able through any kind of me­di­um in such a way that per­sons may ac­cess them from a place and at a time in­di­vidu­ally chosen by them;

f.

re­pro­duces a phono­gram or au­dio-visu­al fix­a­tion and of­fers, trans­fers or oth­er­wise dis­trib­utes the re­pro­duc­tions;

g.

re­trans­mits a broad­cast;

h.

fixes a broad­cast on blank me­dia;

i.

re­pro­duces a broad­cast fixed on blank me­dia or dis­trib­utes cop­ies of such re­pro­duc­tions;

k.⁵

re­fuses to no­ti­fy the re­spons­ible au­thor­ity con­cerned of the ori­gin and quant­ity of the car­ri­ers of a per­form­ance pro­tec­ted un­der Art­icles 33, 36 or 37 in his pos­ses­sion that have been un­law­fully man­u­fac­tured or placed on the mar­ket, or to name the re­cip­i­ents and dis­close the ex­tent of any dis­tri­bu­tion to com­mer­cial and in­dus­tri­al cus­tom­ers.

²Any per­son who has com­mit­ted any act men­tioned in para­graph 1 for com­mer­cial gain shall be pro­sec­uted ex of­fi­cio. The pen­alty is a cus­todi­al sen­tence not ex­ceed­ing five years or a mon­et­ary pen­alty. The cus­todi­al sen­tence must be com­bined with a mon­et­ary pen­alty.⁶

¹On the com­plaint of the per­son whose pro­tec­tion has been vi­ol­ated, any per­son who wil­fully and un­law­fully com­mits any of the fol­low­ing acts is li­able to a mon­et­ary pen­alty:

a.

cir­cum­vents ef­fect­ive tech­no­lo­gic­al meas­ures un­der Art­icle 39 para­graph 2 with the in­ten­tion of il­leg­ally us­ing works or oth­er pro­tec­ted sub­ject-mat­ter;

b.

man­u­fac­tures, im­ports, of­fers, trans­fers or oth­er­wise dis­trib­utes, rents, gives or ad­vert­ises for use, or pos­sesses for com­mer­cial pur­poses devices, products or com­pon­ents, or provides ser­vices which:

1.

are the sub­ject-mat­ter of sales pro­mo­tion, ad­vert­ising or mar­ket­ing with the goal of cir­cum­vent­ing ef­fect­ive tech­no­lo­gic­al meas­ures,

2.

have only a lim­ited com­mer­cially sig­ni­fic­ant pur­pose or use oth­er than the cir­cum­ven­tion of ef­fect­ive tech­no­lo­gic­al meas­ures, or

3.

are primar­ily de­signed, man­u­fac­tured, ad­ap­ted or per­formed for the pur­pose of en­abling or fa­cil­it­at­ing the cir­cum­ven­tion of ef­fect­ive tech­no­lo­gic­al meas­ures;

c.

re­moves or al­ters elec­tron­ic rights man­age­ment in­form­a­tion on copy­right and re­lated rights un­der Art­icle 39c para­graph 2;

d.

re­pro­duces, im­ports, of­fers, trans­fers or oth­er­wise dis­trib­utes, broad­casts or makes per­cept­ible or avail­able works or oth­er pro­tec­ted sub­ject-mat­ter on which elec­tron­ic rights man­age­ment in­form­a­tion un­der Art­icles 39c para­graph 2 have been re­moved or altered.

²Any per­son who has com­mit­ted any act men­tioned in para­graph 1 for com­mer­cial gain shall be pro­sec­uted ex of­fi­cio. The pen­alty is a cus­todi­al sen­tence not ex­ceed­ing one year or a mon­et­ary pen­alty.

³Acts un­der para­graph 1 let­ter c and d are only li­able to pro­sec­u­tion where they are car­ried out by a per­son who is known or, un­der the cir­cum­stances, should be known, for in­stig­at­ing, en­abling, fa­cil­it­at­ing or con­ceal­ing in­fringe­ments of copy­right or re­lated rights.

Any per­son who, without the re­quired au­thor­isa­tion (Art. 41), as­serts copy­right or re­lated rights, the ex­ploit­a­tion of which is sub­ject to fed­er­al su­per­vi­sion (Art. 40), is li­able to a fine.

Art­icles 6 and 7 of the Fed­er­al Act of 22 March 1974¹ on Ad­min­is­trat­ive Crim­in­al Law ap­ply to of­fences com­mit­ted in busi­ness activ­it­ies by agents or sim­il­ar per­sons.

Works of ar­chi­tec­ture that have been con­struc­ted may not be for­feited un­der Art­icle 69 of the Swiss Crim­in­al Code².

¹Pro­sec­u­tion is the re­spons­ib­il­ity of the can­tons.

²Of­fences un­der Art­icle 70 are pro­sec­uted and judged by the IPI in ac­cord­ance with the Fed­er­al Act of 22 March 1974¹ on Ad­min­is­trat­ive Crim­in­al Law.

¹Ap­peals against de­cisions of the su­per­vis­ory au­thor­ity and the Ar­bit­ra­tion Com­mis­sion may be brought be­fore the Fed­er­al Ad­min­is­trat­ive Court.

²Ap­peals against de­cisions by the Ar­bit­ra­tion Com­mis­sion only have sus­pens­ive ef­fect if the in­struct­ing judge of the Fed­er­al Ad­min­is­trat­ive Court so or­ders ex of­fi­cio or in re­sponse to an ap­plic­a­tion by a party.

¹The Cus­toms Ad­min­is­tra­tion is au­thor­ised to no­ti­fy the own­ers of copy­right or re­lated rights as well as the au­thor­ised col­lect­ive rights man­age­ment or­gan­isa­tions if there is any sus­pi­cion that goods the dis­tri­bu­tion of which would vi­ol­ate le­gis­la­tion ap­plic­able in Switzer­land on copy­right or re­lated rights may im­min­ently be brought in­to or taken out of Swiss cus­toms ter­rit­ory.²

²In such cases, the Cus­toms Ad­min­is­tra­tion is au­thor­ised to with­hold the goods for three work­ing days in or­der that the per­sons en­titled may file an ap­plic­a­tion in ac­cord­ance with Art­icle 76 para­graph 1.

¹If own­ers or li­censees of copy­right or re­lated rights en­titled to in­sti­tute pro­ceed­ings or an au­thor­ised col­lect­ive rights man­age­ment or­gan­isa­tion have clear in­dic­a­tions that goods the dis­tri­bu­tion of which would vi­ol­ate le­gis­la­tion ap­plic­able in Switzer­land on copy­right or re­lated rights may im­min­ently be brought in­to or taken out of Swiss cus­toms ter­rit­ory, they may re­quest the Cus­toms Ad­min­is­tra­tion in writ­ing to re­fuse the re­lease of the goods.¹

²The ap­plic­ants must provide all the rel­ev­ant in­form­a­tion avail­able to them that is re­quired by the Cus­toms Ad­min­is­tra­tion in or­der to de­cide on the ap­plic­a­tion. In par­tic­u­lar, they shall provide a pre­cise de­scrip­tion of the goods.

³The Cus­toms Ad­min­is­tra­tion makes the fi­nal de­cision on the ap­plic­a­tion. It may charge a fee to cov­er the ad­min­is­trat­ive costs.²

¹If the Cus­toms Ad­min­is­tra­tion, as a res­ult of an ap­plic­a­tion un­der Art­icle 76 para­graph 1, has grounds to sus­pect that cer­tain goods that vi­ol­ate le­gis­la­tion ap­plic­able in Switzer­land on copy­right or re­lated rights may be brought in­to or taken out of Swiss cus­toms ter­rit­ory, then it shall no­ti­fy the ap­plic­ant and the de­clar­ant, hold­er or own­er of the goods ac­cord­ingly.²

²The Cus­toms Ad­min­is­tra­tion shall with­hold the goods for a max­im­um of ten work­ing days from the time of no­ti­fic­a­tion pur­su­ant to para­graph 1 so that the ap­plic­ant may ob­tain pre­lim­in­ary meas­ures.

³Where jus­ti­fied by the cir­cum­stances, it may with­hold the goods for a max­im­um of ten ad­di­tion­al work­ing days.

¹At the same time as no­ti­fic­a­tion is made in ac­cord­ance with Art­icle 77 para­graph 1, the Cus­toms Ad­min­is­tra­tion shall in­form the de­clar­ant, hold­er or own­er of the goods of the pos­sible han­dover of samples or the op­por­tun­ity to in­spect them in ac­cord­ance with Art­icle 77a para­graph 1.

²The de­clar­ant, hold­er or own­er may re­quest to be present at the in­spec­tion in or­der to safe­guard his man­u­fac­tur­ing or trade secrets.

³The Cus­toms Ad­min­is­tra­tion may re­fuse to hand over samples on a reasoned re­quest from the de­clar­ant, hold­er or own­er.

¹When mak­ing an ap­plic­a­tion un­der Art­icle 76 para­graph 1, the ap­plic­ant may sub­mit a writ­ten re­quest for the Cus­toms Ad­min­is­tra­tion to des­troy the goods.

²If an ap­plic­a­tion for de­struc­tion is made, the Cus­toms Ad­min­is­tra­tion shall no­ti­fy the de­clar­ant, hold­er or own­er of the goods ac­cord­ingly as part of the no­ti­fic­a­tion made un­der Art­icle 77 para­graph 1.

³The ap­plic­a­tion for de­struc­tion does not res­ult in the time lim­its for ob­tain­ing pre­lim­in­ary meas­ures un­der Art­icle 77 para­graphs 2 and 3 be­ing ex­ten­ded.

¹The de­struc­tion of the goods re­quires the con­sent of the de­clar­ant, hold­er or own­er.

²Con­sent is deemed to be giv­en if the de­clar­ant, hold­er or own­er does not ex­pressly ob­ject to the de­struc­tion with­in the time lim­its giv­en un­der Art­icle 77 para­graphs 2 and 3.

Be­fore the de­struc­tion of the goods, the Cus­toms Ad­min­is­tra­tion shall re­move samples and hold them in safe­keep­ing as evid­ence in any ac­tions for dam­ages.

¹If the de­struc­tion of the goods proves to be un­jus­ti­fied, the ap­plic­ant is ex­clus­ively li­able for the res­ult­ant loss.

²If the de­clar­ant, hold­er or own­er has giv­en ex­press writ­ten con­sent for the de­struc­tion, no claims for dam­ages may be made against the ap­plic­ant if the de­struc­tion later proves to be un­jus­ti­fied.

¹The de­struc­tion of the goods is car­ried out at the ex­pense of the ap­plic­ant.

²The costs for col­lect­ing and safe­keep­ing samples un­der Art­icle 77e are de­cided by the court in con­nec­tion with the as­sess­ment of claims for dam­ages in ac­cord­ance with Art­icle 77f para­graph 1.

¹If it is an­ti­cip­ated that with­hold­ing the goods may lead to a loss be­ing in­curred, the Cus­toms Ad­min­is­tra­tion may make the with­hold­ing of the goods de­pend­ent on the ap­plic­ant provid­ing them with an ac­count­ab­il­ity state­ment. As an al­tern­at­ive to this state­ment and where jus­ti­fied by the cir­cum­stances, the Cus­toms Ad­min­is­tra­tion may re­quest the ap­plic­ant to provide ap­pro­pri­ate se­cur­ity.

²The ap­plic­ant is li­able for any losses in­curred from with­hold­ing the goods and from col­lect­ing the samples if pre­lim­in­ary meas­ures are not ordered or prove to be un­jus­ti­fied.

The Fed­er­al Coun­cil en­acts the im­ple­ment­ing pro­vi­sions.

The fol­low­ing are re­pealed:

a.

the Fed­er­al Act of 7 Decem­ber 1922¹ on Copy­right in Lit­er­ary and Artist­ic Works.

b.

the Fed­er­al Act of 25 Septem­ber 1940² on the Col­lec­tion of Copy­right Roy­al­ties.

¹This Act also ap­plies to works, per­form­ances, phono­grams and au­dio-visu­al fix­a­tions and broad­casts cre­ated pri­or to its com­mence­ment.

²Where the use of a work, per­form­ance, phono­gram, au­dio-visu­al fix­a­tion or broad­cast that is un­law­ful un­der this Act was pre­vi­ously per­mit­ted, it may be com­pleted if be­gun pri­or to the com­mence­ment of this Act.

¹Con­tracts con­cern­ing copy­right or re­lated rights con­cluded pri­or to the com­mence­ment of this Act and de­cisions is­sued on the basis of such con­tracts re­main in ef­fect in ac­cord­ance with the pre­vi­ous law.

²Un­less oth­er­wise agreed, such con­tracts do not ap­ply to rights first cre­ated by this Act.

Art­icle 62 para­graph 3 and Art­icle 65 para­graph 5 ap­ply only to li­cence agree­ments that have been con­cluded or con­firmed after the Amend­ment to this Act dated 22 June 2007 comes in­to force.

The col­lect­ive rights man­age­ment or­gan­isa­tions au­thor­ised un­der the Fed­er­al Act of 25 Septem­ber 1940¹ on the Col­lec­tion of Copy­right Roy­al­ties must re­quest reau­thor­isa­tion (Art. 41) with­in six months of the com­mence­ment of this Act.

¹Tar­iffs of the au­thor­ised col­lect­ive rights man­age­ment or­gan­isa­tions that were ap­proved un­der the pre­vi­ous law re­main in force un­til their term of valid­ity ex­pires.

²Re­mu­ner­a­tion un­der Art­icles 13, 20 and 35 be­comes due on the com­mence­ment of this Act; it may be claimed from the time the cor­res­pond­ing tar­iff is ap­proved.

¹This Act is sub­ject to an op­tion­al ref­er­en­dum.

²The Fed­er­al Coun­cil shall de­term­ine the com­mence­ment date.