Switzerland: Federal Act of September 27, 2019, on Amendments to the Federal Act of October 9, 1992, on Copyright and Related Rights

April 1, 2020

Switzerland: The Federal Act of September 27, 2019, on Amendments to the Federal Act of October 9, 1992, on Copyright and Related Rights entered into force on April 1, 2020.

The Act provides, inter alia, the following amendments to the Federal Act of October 9, 1992, on Copyright and Related Rights:

(i) imposing a "stay down" obligation for providers of internet hosting services to ensure that copyright-infringing content does not reappear illegally on their platforms;

(ii) offering protection to non-original photographs;

(iii) mandating remuneration to authors and performers for making their audiovisual works and performances available to the public via "Video on Demand" platforms;

(iv) expanding the scope of the orphan work exception;

(v) providing new copyright exceptions, such as exceptions for libraries and archives to provide extracts of their inventory and an exception for copying during scientific research; and

(vi) establishing an extended collective licensing (ECL) framework that enables a collective management organization (CMO) to extend licensing agreements to right holders that are not represented by the CMO and who do not opt-out of the arrangement.