Federal Act on Copyright and Related Rights

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.