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

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:

a.

the per­formers or their heirs per­son­ally ex­ploit the ex­clus­ive right; or

b.

the au­dio-visu­al work is one of the fol­low­ing:

1.

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,

2.

archived works of broad­cast­ing or­gan­isa­tions (Art. 22a),

3.

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.