Copyright Act (CopA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 33 Rights of performers
1 A performer is any natural person who performs a work or an expression of folklore or who participates artistically in the performance of such a work. 2 Performers have the following exclusive right in respect of their performance or its fixation: a. to make their performance perceptible in some place other than that in which it was performed, either directly or through any kind of medium, in such a way that persons may access it from a place and at a time individually chosen by them; b. to broadcast their performance by radio, television or similar method, including by wire, as well as to retransmit the broadcast performance by means of technical equipment, the provider of which is not the original broadcasting organisation; c. to fix their performance on blank media and to reproduce such fixations; d. to offer, transfer or otherwise distribute copies of their performance; e. to make their performance perceptible when they are broadcast, retransmitted or made available to the public
Para. 1 — Amended by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497; BBl 2006 3389). Para. 2 — Amended by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497; BBl 2006 3389). Para. 2 let. a — Amended by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497; BBl 2006 3389). Para. 2 let. e — Amended by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497; BBl 2006 3389).
Art. 33a Moral rights of performers
1 Performers have the right to be recognised as such when they perform a work. 2 The protection of performers from derogatory treatment of their performances is subject to Articles 28–28l of the Swiss Civil Code.
Art. 33a — Inserted by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497; BBl 2006 3389). Para. 2 — SR 210
Art. 34 Collective performance
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 an
Art. 34 — Amended by No I of the FA of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2421; BBl 2006 3389).
Art. 35 Right to remuneration for the use of phonograms and audio-visual fixations
1 If commercially available phonograms or audio-visual fixations are used for the purpose of broadcasting, retransmission, public reception (Article 33 para. 2 let. e) or performance, the performers have a right to remuneration. 2 The producer of the medium thus used is entitled to an equitable share of the remuneration of the performers. 3 Claims for remuneration may only be asserted by the authorised collective rights management organisations. 4 Foreign performers who are not habitually resident in Switzerland only have a right to remuneration if the state of which they are a national affords a corresponding right to Swiss nationals.
Art. 35a Making available of performances in audio-visual works
1 Any 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. 2 No 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). 3 The 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 o
Art. 35a — Inserted by No I of the FA of 27 Sept. 2019, in force since 1 April 2020 (AS 2020 1003; BBl 2018 591).
Art. 36 Rights of phonogram and audio-visual fixation producers
A producer of phonograms and audio-visual fixations has the exclusive right: a. to reproduce the fixations and to offer, transfer or otherwise distribute the reproductions; b. to make the fixations available through any kind of medium in such a way that persons may access them from a place and at a time individually chosen by them.
Art. 36 — Amended by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497; BBl 2006 3389).
Art. 37 Rights of broadcasting organisations
A broadcasting organisation has the exclusive right: a. to retransmit its broadcasts; b. to make its broadcasts perceptible; c. to fix its broadcasts on blank media and to reproduce such fixations; d. to offer, transfer or otherwise distribute copies of the fixations of its broadcast; e. to make its broadcasts available through any kind of medium in such a way that persons may access them from a place and at a time individually chosen by them.
let. e — Inserted by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497; BBl 2006 3389).
Art. 38 Assignment of rights, enforcement, and exceptions and limitations to protection
The provisions under Article 12 paragraph 1 and Article 13 as well as Chapters 4 and 5 of the Second Title of this Act apply mutatis mutandis to the rights to which the performers, phonogram and audio-visual fixation producers and broadcasting organisations are entitled.
Art. 39 Term of protection
1 Protection begins with the performance of the work or of the expression of folklore by the performers, with the publication of the phonogram or audio-visual fixation, or with its production if it is not published, it ends after 70 years. Protection of a broadcast begins with its transmission; it ends after 50 years or with the transmission of the broadcast; it ends after 50 years. 1bis The right to recognition as a performer under Article 33a paragraph 1 expires on the death of the performer, but not before the term of protection under paragraph 1 expires. 2 The term of protection is calculated from 31 December of the year in which the event determining the calculation occurred.
Para. 1 — Amended by No I of the FA of 27 Sept. 2019, in force since 1 April 2020 (AS 2020 1003; BBl 2018 591). Para. 1bis — Inserted by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497; BBl 2006 3389).