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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. 34 Collective performance 38

1 Where two or more per­sons have par­ti­cip­ated artist­ic­ally in a per­form­ance, they are jointly en­titled to the re­lated rights un­der Art­icle 7.

2 Where per­formers ap­pear as a group un­der a com­mon name, the rep­res­ent­at­ive named by the per­form­ing group shall have the au­thor­ity to as­sert the rights of the mem­bers. In­so­far as the group does not name a rep­res­ent­at­ive, the per­son who pro­duces the per­form­ance or fixes it on blank me­dia, or who broad­casts it has the au­thor­ity to as­sert the rights.

3 In the case of a chor­al, or­ches­tral or stage per­form­ance, use of the per­form­ance un­der Art­icle 33 re­quires the con­sent of the fol­low­ing per­sons:

a.
the so­loists;
b.
the con­duct­or;
c.
the dir­ect­or;
d.
the rep­res­ent­at­ive of the per­form­ing group un­der para­graph 2.

4 Any per­son who has the right to ex­ploit a per­form­ance on an au­dio-visu­al fix­a­tion is con­sidered to be au­thor­ised to per­mit third parties to make the fixed per­form­ance avail­able in such a way that per­sons may have ac­cess to it from a place and at a time in­di­vidu­ally chosen by them.

5 In the ab­sence of the cor­res­pond­ing stat­utory or con­trac­tu­al pro­vi­sions, the re­la­tion­ship between the au­thor­ised per­sons un­der para­graphs 2 and 4 and the per­formers whom they rep­res­ent is gov­erned by the pro­vi­sions on agency without au­thor­ity.

38 Amended by No I of the FA of 5 Oct. 2007, in force since 1 Ju­ly 2008 (AS 2008 2421; BBl 2006 3389).