Art. 35a Making available of performances in audio-visual works 39
1Any person who lawfully makes an audio-visual work available in such a way that persons may access it from a place and at a time chosen by them owes remuneration to the performers who participated in a performance contained in the audio-visual work. 2No remuneration is owed if:
3The right to remuneration is inalienable and unwaivable and only the performers are entitled to claim it; it substitutes any remuneration for the contractually agreed use of the performance. It may only be asserted by the approved collective rights management organisations. 4Performers only have a right to remuneration for their performances in an audio-visual work which was not produced by a person domiciled or with a registered office in Switzerland, if the country in which the audio-visual work was produced also provides for a collective right to remuneration for performers for making the work available. 39 Inserted by No I of the FA of 27 Sept. 2019, in force since 1 April 2020 (AS 2020 1003; BBl 2018 591). |