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

of 9 October 1992 (Status as of 1 July 2023)

Art. 22c Making available broadcast musical works 15

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

2 Sub­ject 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.

15 In­ser­ted by No 1 of the FA of 5 Oct. 2007, in f2007,in­forces­ince1Ju­ly2008(AS­20082421;BBl20063389).