Federal Act on Copyright and Related Rights
(Copyright Act, CopA)

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

of 9 October 1992 (Status as of 1 January 2022)


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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:

the per­formers or their heirs per­son­ally ex­ploit the ex­clus­ive right; or
the au­dio-visu­al work is one of the fol­low­ing:
com­pany pro­file films, in­dus­tri­al films, ad­vert­ising or pro­mo­tion­al films, com­puter games, mu­sic videos, con­cert re­cord­ings, ser­vices or com­mis­sioned works by broad­cast­ing or­gan­isa­tions or oth­er works in the field of journ­al­ism that are cre­ated un­der an em­ploy­ment con­tract or that are com­mis­sioned,
archived works of broad­cast­ing or­gan­isa­tions (Art. 22a),
orphan works (Art. 22b).

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).

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