1 If commercially available phonograms or audio-visual fixations are used for broadcasting purposes by broadcasting organisations subject to the Federal Act of 24 March 200619 on Radio and Television, the rights of reproduction of non-theatrical musical works may only be asserted by an authorised collective rights management organisation.
2 Copies produced in accordance with paragraph 1 may neither be transferred nor otherwise distributed; they must be produced by the broadcasting organisation by means of their own facilities. They must be destroyed after they have fulfilled their purpose. Article 11 remains reserved.