Federal Law on Copyright and Neighboring Rights (Federal Copyright Law)*
(of October 9, 1992)
TITLE I: SUBJECT
Article 1.— 1. This Law governs: a. the protection of authors of literary and artistic works; b. the protection of performers, producers of phonograms and videograms and broadcasting
organizations; c. federal supervision of the collecting societies. 2. International treaties shall remain reserved.
TITLE II: COPYRIGHT
CHAPTER 1: WORKS
Definition of works
Article 2.— 1. Works shall mean literary and artistic creations of the mind, irrespective of their value or purpose,
that possess an individual nature. 2. They include, in particular: a. literary, scientific and other works that make use of language; b. works of music and other acoustic works; c. works of fine art, particularly painting, sculpture and graphic works; d. works with scientific or technical content, such as drawings, plans, maps or three-dimensional
representations; e. works of architecture; f. works of applied art; g. photographic, cinematographic and other visual or audiovisual works; h. works of dance or mime. 3. Computer programs shall also be deemed works. 4. Protection shall also subsist in drafts, titles and parts of works on condition that they are creations of
the mind with an individual nature.
Derived works
Article 3.— 1. Derived works shall mean creations of the mind of an individual nature that have been produced by
making use of one or more existing works that remain recognizable with their individual nature.
* Entry into force: July 1, 1993. Source: Feuille fédérale 1992 VI 71, of October 20, 1992. — WIPO translation.
2. Translations, audiovisual and other adaptations, in particular, shall constitute such works. 3. Derived works shall enjoy independent protection. 4. The protection of the works used shall remain unaffected.
Collections
Article 4.— 1. Collections shall enjoy independent protection where they are creations of an individual nature with
regard to their selection or arrangement. 2. The protection of works included in a collection shall remain unaffected.
Works not protected
Article 5.— 1. Copyright protection shall not subsist in: a. laws, ordinances, international treaties and other official instruments; b. means of payment; c. decisions, records and reports of authorities and public administrations; d. patent specifications and published patent applications. 2. Protection shall not subsist either in official or statutory collections and translations of the works
referred to in paragraph 1.
CHAPTER 2: AUTHORS
Definition
Article 6.—
The natural person who has created a work shall be deemed the author.
Joint authorship
Article 7.— 1. Where two or more persons have contributed as authors to the creation of a work, copyright shall
belong to all such persons jointly. 2. Save as otherwise agreed, the joint authors may only use the work with the consent of all authors;
consent may not be refused for reasons contrary to the rules of good faith. 3. Each joint author may independently take action for infringement of copyright, but may only do so
on behalf of all authors. 4. Where the individual contributions may be separated and there is no agreement to the contrary, each
joint author may use his own contribution independently where such use does not impair the exploitation of the joint work.
Presumption of authorship
Article 8.— 1. Until otherwise proved, the author shall be deemed to be the person identified as such with his own
name, a pseudonym or a distinctive sign on copies of the work or on publication of the work. 2. As long as the author is not identified or remains unknown in the case of a pseudonym or a
distinctive sign, the person who edits the work may exercise copyright. Where such person is also not named, the person who has published the work may exercise copyright.
CHAPTER 3: SCOPE OF COPYRIGHT
Part 1: Relationship of the Author to his Work
Recognition of authorship
Article 9.— 1. The author shall have an exclusive right in his own work and the right to recognition of his
authorship. 2. The author shall have the exclusive right to decide whether, when, how and under what name his
own work may be published. 3. A work shall be considered published when it has been made available for the first time, by the
author or with his consent, to a large number of persons not constituting a private circle within the meaning of Article 19.1.a.
Use of work
Article 10.— 1. The author shall have the exclusive right to decide whether, when and how his work is to be used. 2. The author shall have the right, in particular: a. to manufacture copies of the work, such as printed matter, phonograms, videograms or data
carriers; b. to offer for sale, sell or otherwise distribute copies of the work; c. to deliver or perform the work either directly or through any kind of medium or to make it
perceivable in a place other than where it is presented; d. to broadcast the work by radio, television or similar means, including either electromagnetic
waves or cable or other means of conduction; e. to rebroadcast works by means of technical installations of which the operator is not the original
broadcasting organization, in particular by cable or other means of conduction; f. to make broadcasts and rebroadcasts perceivable. 3. The author of a computer program shall further have the exclusive right to rent such program.
Integrity of the work
Article 11.— 1. The author shall have the exclusive right to decide: a. whether, when and how the work may be altered; b. whether, when and how the work may be used to create a derived work or may be included in a
collection. 2. Even where another person is authorized by contract or by statute to alter a work or to use it to
create a derived work, the author may oppose any distortion of the work that is damaging to his personality. 3. It shall be permissible to use existing works for the creation of parodies or other comparable
variations on the work.
Part 2: Relationship Between Authorship and Ownership of Copies of the Work
Principle of exhaustion
Article 12.— 1. Where the author has sold a copy of a work or has consented to sale, such copy may be further sold
or otherwise distributed. 2. Where an author has sold a computer program or has consented to such sale, such program may be
used or further sold. 3. Works of architecture that have been executed may be altered by the proprietor subject to
Article 11.2.
Rental of copies
Article 13.— 1. Any person who rents or otherwise makes available for remuneration copies of literary or artistic
works shall be required to pay remuneration to the author. 2. No obligation to pay remuneration shall subsist in the case of: a. works of architecture; b. copies of works of applied art; c. copies of works rented or lent for a contractually agreed use of copyright. 3. Claims to remuneration may only be asserted by the approved collecting societies (Articles 40 et
seq). 4. This Article shall not apply to computer programs. The exclusive right under Article 10.3 shall
remain unaffected.
Author’s right of access and exhibition
Article 14.— 1. Any person who holds or possesses a copy of a work as his property shall be required to provide
access thereto to the author to the extent necessary for the latter to exercise his author’s rights and insofar as no justified interest on the part of the proprietor opposes such access.
2. The author may require that a copy of the work be lent to him for exhibition within the country if he is able to prove an overriding interest.
3. Loan may be made dependent on provision of security for the return of the copy of the work in good condition. Where the copy cannot be returned in good condition, the author shall be liable even without fault on his part.
Protection against destruction
Article 15.— 1. Where the proprietor of an original work, of which no further copies exist, has reason to assume that
the author of the work has a justified interest in its preservation, he may not destroy such work without first offering to return it to the author. The proprietor may not require more than the material value of the work.
2. Where it is not possible to return the work, the proprietor must make it possible for the author to reproduce the original copy in an appropriate manner.
3. In the case of a work of architecture, the author shall simply have the right to photograph the work and to require that copies of the plans be handed to him, at his own cost.
CHAPTER 4: TRANSFER OF RIGHTS; ENFORCEMENT
Transfer of rights
Article 16.— 1. Copyright shall be transferable by assignment or by inheritance. 2. Assignment of one right comprised in copyright shall only comprise the assignment of other partial
rights when such is agreed. 3. Assignment of ownership of a copy of a work shall not comprise any authorization to exploit
copyright even in the case of an original.
Rights in programs
Article 17. Where a computer program has been created under an employment relationship in the exercise of service activities or in execution of contractual duties, the employer alone shall be entitled to exercise the exclusive exploitation rights.
Enforcement
Article 18. The rights referred to in Article 10.2 and 3 and in Article 11 shall be subject to enforcement if the author has already exercised them and the work has already been published with the consent of the author.
CHAPTER 5: LIMITATIONS ON COPYRIGHT
Private use
Article 19.— 1. Published works may be used for private purposes. Private use shall mean: a. any use of a work in the personal sphere or within a circle of persons closely connected to each
other, such as relations or friends; b. any use of a work by a teacher for teaching in class; c. the reproduction of copies of a work in enterprises, public administrations, institutes,
commissions and similar bodies for internal information or documentation. 2. Persons entitled to make copies of a work for use for private purposes may also have them
manufactured by other persons; libraries that make copying apparatus available to their users shall also be deemed other persons within the meaning of this paragraph.
3. The following shall not be permissible outside the private circle: a. the complete or extensive reproduction of copies obtainable commercially; b. the reproduction of works of fine art; c. the reproduction of graphic representations of musical works; d. the recording of the delivery, performance or presentation of a work on phonograms,
videograms or data carriers. 4. This Article shall not apply to computer programs.
Remuneration for private use
Article 20.— 1. Use of a work in a private circle under Article 19.1.a shall not give rise to a right of remuneration,
subject to paragraph 3.
2. Any person who reproduces works in any manner for private use under Article 19.1.b or c, or as another person under Article 19.2, shall be required to pay remuneration to the author.
3. Any person who manufactures or imports blank cassettes or other phonograms and videograms suitable for the recording of works shall be required to pay a remuneration to the author for uses of works under Article 19.
4. Claims for remuneration may only be asserted by the approved collecting societies.
Decoding of computer programs
Article 21.— 1. Any person who has the right to use a computer program may obtain, either personally or through
another person, the necessary information on interfaces with independently developed programs by decoding the program code.
2. The interface information obtained by decoding the program code may only be used for the development, maintenance and use of interactive computer programs insofar as neither the normal exploitation of the program nor the legitimate interests of the owner of the rights are unreasonably prejudiced.
Distribution of broadcast works
Article 22.— 1. The right to make broadcast works perceivable simultaneously and unaltered or to rebroadcast them
within the framework of the rebroadcast of a transmitted program may only be asserted through the approved collecting societies.
2. The rebroadcasting of works over technical installations that are intended to serve a small number of receivers, such as installations in houses with more than one occupier or in a private building, shall be permitted.
3. This Article shall not apply to the rebroadcasting of subscription television programs or of programs that cannot be received in Switzerland.
Compulsory license for manufacturing of phonograms
Article 23.— 1. If a musical work, with or without words, has been recorded in the country or abroad on a
phonogram and has been offered for sale, sold or otherwise distributed with the consent of the author, manufacturers of phonograms having an industrial establishment in the country may also request the same authorization with respect to Switzerland against remuneration from the copyright owner.
2. The Federal Council may lift the requirement of an industrial establishment in the country in the case of nationals of countries affording reciprocity.
Archive and backup copies
Article 24.— 1. A copy may be made of a work in order to preserve it. The original or a copy must be stored in
archives not accessible to the general public and be marked as an archive copy. 2. Any person entitled to use a computer program may make a backup copy thereof; this right may not
be waived by contract.
Quotations
Article 25.— 1. Published works may be quoted if the quotation serves as an explanation, a reference or illustration
and the extent of the quotation is justified for such purpose.
2. The quotation must be designated as such and the source given. Where the source gives the name of the author, that name must also be given.
Museum, fair and auction catalogs
Article 26. A work forming part of a collection accessible to the public may be reproduced in a catalog issued by the administrators of the collection; the same shall apply to the issue of fair and auction catalogs.
Works in public places
Article 27.— 1. A work permanently located in a place accessible to the general public may be reproduced; such
reproduction may be offered for sale, sold, broadcast or otherwise distributed. 2. The reproduction may not be three-dimensional and may not be utilized for the same purpose as the
original.
Reporting on current events
Article 28.— 1. Where necessary for reporting on current events, works perceived in so doing may be recorded,
reproduced, presented, broadcast, distributed or otherwise made perceivable. 2. For the purposes of information on current affairs, short extracts from press articles or from radio
and television reports may be reproduced, distributed and broadcast or rebroadcast; the extract and the source must be designated. Where the name of the author is given in the source, that name must also be given.
CHAPTER 6: TERM OF PROTECTION
General
Article 29.— 1. A work shall enjoy copyright protection as soon as it is created, whether or not it has been fixed on
a physical medium. 2. Protection shall expire: a. in the case of computer programs, 50 years after the death of the author; b. in the case of all other works, 70 years after the death of the author. 3. Where it has to be assumed that the author has been dead for over 70 years, no protection shall
subsist..
Joint authorship
Article 30.— 1. Where two or more persons have participated in the creation of a work (Article 7), protection shall
expire 70 years after the death of the last surviving person. 2. Where the individual contributions may be separated, protection for individually usable
contributions shall end 70 years after the death of the author concerned. 3. In the case of films and other audiovisual works, calculation of the term of protection shall take the
date of the death of the director alone into account.
Unknown authorship
Article 31.— 1. Where the author of a work is unknown, protection for that work shall end 70 years after publication
or, if the work was published in installments, 70 years after the final installment. 2. If the identity of the author is made known before expiry of that term of protection, protection shall
end 70 years after that person’s death.
Calculation
Article 32. The term of protection shall be calculated as from December 31 of the year in which the event determining the calculation occurred.
TITLE III: NEIGHBORING RIGHTS
Rights of performers
Article 33.— 1. Performer shall mean the natural person who performs a work or who participates artistically in the
performance of a work. 2. Performers shall have the exclusive right: a. to make their performances perceivable in places other than those in which they were
performed; b. to broadcast their works by radio, television or similar process using electromagnetic waves,
cable or other means of conduction, and to rebroadcast the broadcast performance by means of technical installations not operated by the original broadcasting organization;
c. to record their performances on phonograms, videograms or data carriers and to reproduce such recordings;
d. to offer for sale, sell or otherwise distribute reproduced copies of the material on which their performances are recorded;
e. to make their performances perceivable when they are broadcast or rebroadcast.
More than one performer
Article 34.— 1. Where two or more persons have artistically participated in a performance, protection shall belong
to them jointly. 2. In the case of a choral, orchestral or stage performance, use of the performance under Article 33
shall require the consent of the following persons: a. the soloists; b. the conductor; c. the producer; d. the representative of the participating group of performers or, where there is no representative,
the leader of the group. 3. For as long as the group has not designated a representative and the name of its leader is unknown,
the organizer, the producer of phonograms or videograms or other data carriers, or the broadcasting organization, may exercise the neighboring rights as an agency without authority.
Right to remuneration for the use of phonograms and videograms
Article 35.— 1. If commercially available phonograms or videograms are used for the purpose of broadcasting,
rebroadcasting, public reception (Article 33.2.e) or presentation, the performers shall have a right to remuneration.
2. The producer of the medium thus used shall be entitled to an equitable share of the remuneration of the performers.
3. Claims to remuneration may only be asserted by the approved collecting societies. 4. Foreign performers who do not have their habitual residence in Switzerland shall only have a right
to remuneration if the State of which they are nationals affords a corresponding right to Swiss nationals.
Rights of phonogram and videogram producers
Article 36. A producer of phonograms and videograms shall have an exclusive right to reproduce the recordings and to offer for sale, sell or otherwise distribute the reproduced copies.
Rights of broadcasting organizations
Article 37. A broadcasting organization shall have the exclusive right: a. to rebroadcast its broadcasts; b. to make its broadcasts perceivable; c. to record its broadcasts on phonograms, videograms or data carriers and to reproduce such
recordings; d. to offer for sale, sell or otherwise distribute the reproduced copies of its broadcasts.
Transfer of rights, enforcement and limitation of protection
Article 38. Article 12.1, Article 13 and Chapters 4 and 5 of Title II of this Law shall apply mutatis mutandis to the rights enjoyed by performers, phonogram and videogram producers and broadcasting organizations.
Term of protection
Article 39.— 1. Protection shall begin with performance of the work by the performers, with production of the
phonogram or videogram or with the transmission of the broadcast; it shall end after 50 years. 2. The term of protection shall be calculated as from December 31 of the year in which the event
determining the calculation occurred.
TITLE IV: COLLECTING SOCIETIES
CHAPTER 1: FIELDS SUBJECT TO FEDERAL SUPERVISION
Article 40.— 1. The following shall be subject to federal supervision: a. the administration of exclusive rights for the performance and broadcasting of non-theatrical
works of music and the production of phonograms and videograms of such works; b. the assertion of the claims to remuneration provided for in this Law under Articles 13, 20, 22
and 35.
2. The Federal Council may subject further fields to federal supervision if the public interest so requires.
3. The personal administration of exclusive rights by the author or his heirs shall not be subject to federal supervision.
CHAPTER 2: AUTHORIZATION
Principle
Article 41. Any person who administers rights subject to federal supervision shall require an authorization from the Federal Intellectual Property Office.
Requirements
Article 42.— 1. Authorization shall be granted only to collecting societies that: a. have been established under Swiss law, have their headquarters in Switzerland and conduct their
business from Switzerland; b. have the administration of authors’ rights or neighboring rights as their main purpose; c. are open to all owners of rights; d. afford an appropriate right of participation in the decisions of the society to authors and
performers; e. afford a guarantee of compliance with statutory provisions, particularly on the basis of their
statutes; f. may be expected to conduct effective and economic administration. 2. Authorization shall be granted as a rule to one society only for each category of works and to one
society for neighboring rights.
Duration; publication
Article 43.— 1. An authorization shall be granted for five years; on the expiry of each such period it may be
renewed for the same duration. 2. The grant, renewal, modification, withdrawal or non-renewal of an authorization shall be published.
CHAPTER 3: OBLIGATIONS OF THE COLLECTING SOCIETIES
Obligation to administer
Article 44. The collecting societies shall have an obligation to the owners of rights to administer the rights belonging to their field of activity.
Principles of the conduct of business
Article 45.— 1. The collecting societies shall be required to conduct their business in accordance with the principles
of orderly and economic administration. 2. They shall administer the rights in accordance with fixed rules and with the requirement of equal
treatment. 3. They may not aim to make a profit. 4. They shall conclude, wherever possible, reciprocal agreements with foreign collecting societies.
Obligation of tariffs
Article 46.— 1. The collecting societies shall draw up tariffs for the remuneration that they collect. 2. They shall negotiate the terms of each tariff with the relevant associations of users. 3. They shall submit the tariffs to the Federal Arbitration Board (Article 55) for approval and shall
publish the approved tariffs.
Joint tariff
Article 47.— 1. Where more than one collecting society operates in the same field of utilization, they shall draw up
for the same utilization of works or performances a joint tariff applying uniform principles and shall designate one of their number as the joint office for payment.
2. The Federal Council may issue further provisions concerning their collaboration.
Principles of distribution
Article 48.— 1. The collecting societies shall be required to draw up distribution regulations and to submit them to
the Supervisory Authority (Article 52.1) for approval. 2. With the approval of the supreme organ of the society, a portion of the proceeds may be used for
social welfare purposes and for appropriate furtherance of culture.
Distribution of the proceeds
Article 49.— 1. The collecting societies shall be required to distribute the proceeds of exploitation in proportion to
the revenue from the individual works and performances. They shall do all that may reasonably be expected of them to identify those who are entitled.
2. If such distribution entails unreasonable expense, the collecting societies may estimate the extent of revenue; the estimates shall be based on factors that are capable of verification and are appropriate.
3. The proceeds shall be divided between the original owners of rights and other entitled persons in such a way that an equitable share falls to the authors and performers. A different distribution shall be permissible where the expense would be unreasonable.
4. Contractual agreements made by the original owners of rights with third parties shall take precedence over the rules of distribution.
Obligation to provide information and render accounts
Article 50. The collecting societies shall provide the Supervisory Authority with all information and make available all documents required to carry out the supervision, and shall also render accounts yearly in an activity report.
CHAPTER 4: OBLIGATION TO GIVE INFORMATION TO COLLECTING SOCIETIES
Article 51.— 1. Where it may reasonably be expected of them, the users of works shall provide the collecting
societies with all the necessary information for drawing up and applying the tariffs and for distributing the proceeds.
2. The collecting societies shall be obliged to preserve business secrets.
CHAPTER 5: SUPERVISION OF THE COLLECTING SOCIETIES
Part 1: Supervision of Conduct of Business
Supervisory Authority
Article 52.— 1. The Federal Intellectual Property Office (Supervisory Authority) shall supervise the collecting
societies. 2. The Supervisory Authority shall levy fees for its activity; the Federal Council shall issue a schedule
of fees.
Extent of supervision
Article 53.— 1. The Supervisory Authority shall supervise the conduct of business of the collecting societies and
shall ensure that they comply with their obligations. It shall examine and approve their annual reports. 2. It may issue instructions concerning the obligation to provide information (Article 50). 3. It may also call upon agents not belonging to the Federal Administration in order to exercise its
responsibilities; such persons shall be bound to secrecy.
Consequences of failure to comply with obligations
Article 54.— 1. If a collecting society fails to comply with its obligations, the Supervisory Authority shall set an
appropriate time limit to regularize the situation; if that time limit is not complied with, the Supervisory Authority shall take the necessary measures.
2. In the event of refusal to comply with its instructions, the Supervisory Authority may, after issuing a warning, limit or withdraw the authorization.
3. The Supervisory Authority may publish final instructions at the cost of the collecting society.
Part 2: Supervision of Tariffs
Federal Arbitration Board for the Exploitation of Authors’ Rights and Neighboring Rights
Article 55.— 1. The Federal Arbitration Board for the Exploitation of Authors’ Rights and Neighboring Rights
(Arbitration Board) shall be responsible for approving the tariffs of the collecting societies (Article 46). 2. Its members shall be appointed by the Federal Council. The Federal Council shall determine the
organization and procedures of the Arbitration Board in accordance with the Federal Law on Administrative Procedures.
3. The Arbitration Board shall accept no instructions in taking its decisions; the staff of the Secretariat of the Board shall be answerable for such activity to the Chairman of the Board.
Composition of the Arbitration Board
Article 56.— 1. The Arbitration Board shall comprise a chairman, two assessors, two alternates and additional
members. 2. The additional members shall be proposed by the collecting societies and the relevant associations
of users of works and performances.
Composition for taking decisions
Article 57.— 1. The Arbitration Board shall take its decisions with a composition of five members: the chairman,
two assessors and two additional members. 2. The chairman shall designate for each proceeding the two additional members, who shall be
technically competent. One of the members shall be designated on a proposal by the collecting societies and one on a proposal by the associations of users.
3. The fact of a technically competent member belonging to a collecting society or to an association of users shall not on its own constitute grounds for his refusal.
Administrative supervision
Article 58.— 1. The Federal Department of Justice and Police shall be the administrative supervisory body for the
Arbitration Board. 2. The Arbitration Board shall submit a yearly report to the Department on its activities.
Approval of tariffs
Article 59.— 1. The Arbitration Board shall approve a tariff submitted to it if its structure and individual provisions
are appropriate. 2. It may make modifications after hearing the collecting society and the associations of users
(Article 46.2) involved in the procedure. 3. Finally approved tariffs shall be binding on the courts.
Principle of equitableness
Article 60.— 1. When determining compensation, account shall be taken of: a. the proceeds obtained from use of the work, performance, phonogram or videogram or
broadcast or, subsidiarily, the outlay involved in the use; b. the nature and quantity of the works, performances, phonograms or videograms or broadcasts
used; c. the ratio of protected to unprotected works, performances, phonograms or videograms or
broadcasts, and other services. 2. Compensation shall normally amount to a maximum of 10 percent of the proceeds from or cost of
utilization for authors’ rights and a maximum of 3 percent for neighboring rights; however, it shall be determined in such a way that, subject to economic administration, the entitled persons receive equitable remuneration.
3. Uses of works under Article 19.1.b shall be made subject to preferential tariffs.
TITLE V: LEGAL PROTECTION
CHAPTER 1: CIVIL LAW PROTECTION
Action for declaratory judgment
Article 61. Any person who proves a legal interest therein may apply to the court for a declaratory judgment on whether or not a right or a legal relationship subsists under this Law.
Action for execution
Article 62.— 1. Whoever suffers or is likely to suffer a violation of his copyright or neighboring right may request
the courts: a. to prohibit an imminent prejudice; b. to remove an existing prejudice; c. to require the defendant to state the origin of the unlawfully manufactured or marketed articles
in his possession. 2. He may further, under the Code of Obligations, institute proceedings for damages and redress and
may also require the surrender of profits in accordance with the provisions on agency without authority.
Confiscation in civil proceedings
Article 63.— 1. The court may order that the unlawfully manufactured or utilized articles in the possession of the
defendant be confiscated, destroyed or rendered unusable. 2. The above shall not apply to executed works of architecture.
Jurisdiction
Article 64.— 1. The court of the domicile of the defendant or of the place where the act was committed or of the
place where the act had effect shall be competent to hear actions concerning copyright or neighboring rights. 2. Where actions may be brought against several defendants and where they are essentially based on
the same facts and legal grounds, action may be instituted against all defendants before any competent court; the court before which first action is instituted shall have exclusive jurisdiction.
3. Each Canton shall designate one single court that has jurisdiction for the whole of its territory for civil proceedings.
Precautionary measures
Article 65.— 1. Any person who provides reasonable evidence that his copyright or neighboring right is infringed or
is likely to be infringed and that the infringement is likely to result in a prejudice for him that may not be readily made good may request that precautionary measures be ordered.
2. He may request, in particular, that the court order measures to secure evidence, to determine the origin of unlawfully manufactured or marketed articles or to maintain the existing situation, or measures for the provisional execution of preventive and restraining injunctions.
3. Precautionary measures shall be ordered by: a. the court of the place where proceedings have been instituted; b. where no proceedings have been instituted, the court having jurisdiction under Article 64.1. 4. Articles 28.c to 28.f of the Swiss Civil Code shall apply mutatis mutandis in all other cases.
Publication of judgment
Article 66. The court may order, at the request of the successful party, that the judgment be published at the cost of the other party. The court shall determine the manner and extent of publication.
CHAPTER 2: PENAL PROVISIONS
Infringement of copyright
Article 67.— 1. At the request of the person whose rights have been infringed, any person shall be liable to
imprisonment for a term not exceeding one year or to a fine who, intentionally and unlawfully, a. uses a work under a false designation or a designation that differs from that decided by the
author; b. publishes a work; c. alters a work; d. uses a work to create a derived work; e. manufactures copies of a work in any manner; f. offers for sale, sells or otherwise distributes copies of a work; g. recites, performs or presents a work or makes a work perceivable in any other way either
directly or with the help of any type of means; h. broadcasts a work by radio, television or a similar process, including electromagnetic waves,
cable or other means of conduction, or rebroadcasts a broadcast work by means of technical installations the operator of which is not the original broadcasting organization;
i. makes a broadcast or rebroadcast work perceivable; k. refuses to inform the responsible authority of the origin of copies of a work in his possession
that have been unlawfully manufactured or marketed; l. hires out a computer program.
2. Any person who commits an act under paragraph 1 by way of trade shall be prosecuted ex officio. The penalty shall be imprisonment and a fine of up to 100,000 francs.
Omission of source
Article 68. Any person who intentionally omits to state the source that has been used where required by statute (Articles 25 and 28) and, where he is named therein, to give the name of the author, shall be punishable by a fine at the request of the person whose rights have been infringed.
Infringement of neighboring rights
Article 69.— 1. At the request of the person whose rights have been infringed, any person shall be liable to
imprisonment for a term not exceeding one year or a fine, who intentionally and unlawfully, a. broadcasts the performance of a work by radio, television or a similar process, including
electromagnetic waves, cable or other means of conduction; b. records a performance of a work on a phonogram, videogram or other data carrier; c. offers for sale, sells or otherwise distributes reproduced copies of a performance of a work; d. rebroadcasts a broadcast performance of a work by means of technical installations the operator
of which is not the original broadcasting organization; e. makes a broadcast or rebroadcast performance of a work perceivable; f. reproduces a phonogram or videogram and offers for sale, sells or otherwise distributes the
reproduced copies; g. rebroadcasts a broadcast; h. records a broadcast on a phonogram, videogram or other data carrier; i. reproduces a broadcast fixed on a phonogram, videogram or other data carrier or distributes the
reproduced copies;
k. refuses to inform the responsible authority of the origin of the carriers incorporating a performance protected under Articles 33, 36 or 37 in his possession that have been unlawfully manufactured or marketed.
2. Any person who has committed an act under paragraph 1 by way of trade shall be prosecuted ex officio. The penalty shall be imprisonment and a fine of up to 100,000 francs.
Unauthorized assertion of rights
Article 70. Any person who asserts copyright or neighboring rights the exploitation of which is subject to federal supervision (Article 40) without the necessary authorization (Article 41) shall be liable to imprisonment or a fine.
Offenses in business activities
Article 71.— Articles 6 and 7 of the Federal Law on Administrative Penal Law shall apply to offenses committed in
business activities by agents and the like.
Confiscation in penal proceedings
Article 72. Executed works of architecture may not be confiscated under Article 58 of the Swiss Penal Code.
Penal actions
Article 73.— 1. Penal actions shall be the responsibility of the Cantons. 2. Offenses under Article 70 shall be prosecuted and judged by the Federal Intellectual Property Office
in accordance with the Federal Law on Administrative Penal Law.
CHAPTER 3: BOARD OF APPEAL AND ADMINISTRATIVE APPEAL
Article 74.— 1. Appeals from decisions of the Supervisory Authority shall lie to the Board of Appeal for Intellectual
Property. 2. Administrative appeal from decisions of the Board of Appeal for Intellectual Property and decisions
of the Arbitration Board shall lie to the Federal Court. 3. The provisions on federal administrative jurisdiction shall apply.
CHAPTER 4: ASSISTANCE FROM THE CUSTOMS AUTHORITIES
Reporting of suspect consignments
Article 75. The customs authorities shall be empowered to draw the attention of the owners of copyright or neighboring rights as also the approved collecting societies to specific consignments where there is a suspicion that goods whose distribution in Switzerland would infringe copyright or neighboring rights are about to be imported.
Request for assistance
Article 76.— 1. Where the owners of copyright or neighboring rights have good reason to believe that goods whose
distribution in Switzerland would infringe copyright or neighboring rights are about to be imported, they may request the customs authority in writing to refuse clearance of the goods.
2. The persons making such request must provide all particulars available to them that are required for the customs authorities to take a decision. They shall, in particular, communicate a precise description of the goods.
3. The customs authorities may charge a fee to cover the administrative costs.
Withholding of goods by the customs authorities
Article 77.— 1. Where the customs authorities have good reason to believe, following a request under Article 76,
that the import of goods infringes copyright or neighboring rights, they shall inform the person making the request thereof.
2. To enable the person making the request to obtain precautionary measures, the customs authorities shall withhold the goods concerned for 10 working days at most as from the time of the notification under paragraph 1.
3. The person making the request shall make good any damages arising from the withholding of goods if precautionary measures are not ordered or prove to be unjustified.
TITLE VI: FINAL PROVISIONS
CHAPTER 1: EXECUTION AND REPEAL OF PREVIOUS LAW
Implementing regulations
Article 78. The Federal Council shall issue implementing regulations.
Repeal of Federal Laws
Article 79. The following are repealed: a. the Federal Law of December 7, 1922, on Copyright in Literary and Artistic Works; b. the Federal Law of September 25, 1940, on the Collection of Copyright Royalties.
CHAPTER 2: TRANSITIONAL PROVISIONS
Subject matter already protected
Article 80.— 1. This Law shall apply also to works, performances, phonograms and videograms and also broadcasts
created prior to its entry into force. 2. Where the use of a work, performance, phonogram, videogram or broadcast that is unlawful under
this Law was previously permitted, it may be completed if begun prior to the entry into force of this Law.
Existing contracts
Article 81.— 1. Contracts concerning copyright or neighboring rights concluded prior to the entry into force of this
Law and orders issued on the basis of such contracts shall remain in effect in accordance with previous law. 2. Unless otherwise agreed, such contracts shall not apply to rights first created by this Law.
Authorization for the administration of copyright
Article 82. The collecting societies authorized under the Federal Law of September 25, 1940, on the Collection of Copyright Royalties shall be required to request a new authorization (Article 41) within six months of the entry into force of this Law.
Tariffs
Article 83.— 1. Tariffs of the approved collecting societies that were approved under previous law shall remain in
force until their term of validity expires. 2. Remuneration under Articles 13, 20 and 35 shall become due on the entry into force of this Law; it
may be claimed as from the time the corresponding tariff is approved.
CHAPTER 3: REFERENDUM AND ENTRY INTO FORCE
Article 84.— 1. This Law shall be subject to optional referendum. 2. The Federal Council shall determine the entry into force.