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.
Chapter 1 Implementation and Repeal of Current Leg
Art. 78 Implementing provisions
The Federal Council enacts the implementing provisions.
Art. 79 Repeal of federal legislation
The following are repealed: a. the Federal Act of 7 December 1922 on Copyright in Literary and Artistic Works; b. the Federal Act of 25 September 1940 on the Collection of Copyright Royalties.
let. a — [BS 2 817; AS 1955 855] let. b — [BS 2 834]
Chapter 2 Transitional Provisions
Art. 80 Subject-matter already protected
1 This Act also applies to works, performances, phonograms and audio-visual fixations and broadcasts created prior to its commencement. 2 Where the use of a work, performance, phonogram, audio-visual fixation or broadcast that is unlawful under this Act was previously permitted, it may be completed if begun prior to the commencement of this Act.
Art. 81 Existing contracts
1 Contracts concerning copyright or related rights concluded prior to the commencement of this Act and decisions issued on the basis of such contracts remain in effect in accordance with the previous law. 2 Unless otherwise agreed, such contracts do not apply to rights first created by this Act. 3 Articles 13a and 35a do not apply to agreements concluded before the Amendment of 27 September 2019 came into force.
Para. 3 — Inserted by No I of the FA of 27 Sept. 2019, in force since 1 April 2020 (AS 2020 1003; BBl 2018 591).
Art. 81a Licensees’ right of action
Article 62 paragraph 3 and Article 65 paragraph 5 apply only to licence agreements that have been concluded or confirmed after the Amendment to this Act dated 22 June 2007 comes into force.
Art. 81a — Inserted by Annex No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 82 Authorisation for the exploitation of copyright
The collective rights management organisations authorised under the Federal Act of 25 September 1940 on the Collection of Copyright Royalties must request reauthorisation (Art. 41) within six months of the commencement of this Act.
[BS 2 834]
Art. 83 Tariffs
1 Tariffs of the authorised collective rights management organisations that were approved under the previous law remain in force until their term of validity expires. 2 Remuneration under Articles 13, 20 and 35 becomes due on the commencement of this Act; it may be claimed from the time the corresponding tariff is approved.
Chapter 3 Referendum and Commencement
Art. 84
1 This Act is subject to an optional referendum. 2 The Federal Council shall determine the commencement date. Commencement date: 1 July 1993 Art. 74 para. 1: 1 January 1994.
Para. 2 — FCD of 26 April 1993.