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

¹ On 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:⁶⁵

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;

gbis.⁶⁶ 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.⁶⁷

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

k.⁶⁸

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.

² Any 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.⁶⁹