FAQ

What is the content of copyright? What is the term of copyright protection? What are the limitations on copyright protection? Is it possible to deposit or register a Copyright Work? What is „Digital Rights Management“ (DRM)? Is the copyright assignable? How can the copyright be exploited? What is the function of collecting societies? Which collecting societies are entitled and competent for which collective work exploitations?

What is the content of copyright?
Copyright gives the owner one the one hand commercial exploitation rights and on the other hand “moral rights” in his work.
According to Art. 10 of the Federal Copyright Law, the author has the exclusive right to decide whether, when, and how his work is to be used. The author has in particular the right to reproduce the work and to issue copies of it to the public, to publicly perform the work, to record or broadcast it, to retransmit the broadcast work and to communicate broadcasts and retransmissions to the public. The right of “making available” is basically also affected by an integration of a work into database on websites. Additionally, copyright in computer software entails an exclusive rental right. The enumeration of rights in Art. 10 is open. New means of exploitation which are offered by new technology vest a new exclusive exploitation right in the author.
Similar to other continental european jurisdictions Swiss Law traditionally protects moral rights. According to Art. 11 of the Federal Copyright Law, the author has the right to be identified as author of a copyrighted work, to decide on the date and manner of the first publication of the work, to alter or adapt the work, and the right to object to oppose any distortion of the work that is damaging its personality.

What is the term of copyright protection?
A work enjoys copyright protection as soon as it is created, whether or not it has been fixed on a physical medium. The term of copyright protection is 50 to 70 years starting from the end of the calendar year of the author's death. In the case of computer programs, copyright protection expires 50 years from the end of the calendar year of the author's death.

What are the limitations on copyright protection?
There are a number of restrictions and fair use in relation to copyrighted works. The most important of such “fair use” are the private use of a work in the personal sphere, the use of a work for educational purposes and the reproduction of copies of a work in enterprises, public administrations, institutes, commissions and similar bodies for internal information or documentation. The use of a work in the personal sphere is free of costs, whereas the uses of a work for educational or other purposes give rise to a right of remuneration.

Is it possible to deposit or register a copyright work?
A copyright work exists upon its creation and is not subject to any formal requirements such as registration or fixation. Therefore any literary and artistic creations of the mind enjoy copyright protection if they embody an intellectual creation with a sufficiently individual character. An official deposition or registration of the copyright work is not provided under Swiss Law. However, it is highly recommendable for reasons of evidence, that the author builds a record of documentation of his ideas, drafts and realizations. Such a documentation should made, if possible, during the whole creative process, as continuous as possible, because not only completed works, but also drafts and parts of a work are legally protected by copyright.

What is „Digital Rights Management“ (DRM)?
Based on Digital Rights Management Systems (DRMS) a copyright holder is able to control or to restrict technically the digital use of a work. Instruments of technical copy protection are in the center of said systems. They serve to a more or less strict control of digitalized contents and may define how often and how far a work can be used by (entitled) third parties.

Is the copyright assignable?
Under Swiss Law, Copyright is transferable by assignment or by inheritance. Assignment of one right comprised in copyright only comprise the assignment of other partial rights when such is agreed. However, the core of the personal rights in the work (e. g. the right of recognition of authorship and the right of integrity of work) are not assignable.

How can the copyright be exploited?
The exploitation of a work by a contract with an editor is a traditional and common form of a copyright exploitation. The author delivers his work to the publisher for publishing, whereby the publisher is obligated to have the work reproduced and distributed in an adequate number of copies. While a regular licence can concern any use of a work, the publishing contract generally limits the obligation and the entitlement to the work’s reproduction and distribution.

What is the function of collecting societies?
The fact that a copyright holder may face to countless users of his work can make impossible an individual collection of royalties. Therefore, the individual use of rights is in certain fields replaced by an administration of collecting societies. The copyright holders can assign their rights or some of their rights to said collecting societies. Some claims of remuneration may only be asserted by approved collecting societies. In Switzerland there are five approved collecting societies and one clearing center for multimedia and internet (SMCC).

Which collecting societies are entitled and competent for which collective work exploitations?
The Swiss Society for the Rights of Authors of Musical Works (“SUISA”) is the society for over 20'000 composers, writers and music publishers in Switzerland. While SUISA administers the so-called “small rights”, the “grand rights” (operas and musicals) are administered by the “SSA” (Société Suisse des Auteurs). „SUISSIMAGE“ is the society charged with the common administration of author’s rights in the field of films, „PROLITTERIS for works of literature, photography and fine arts. The neighbouring rights (rights of executing artists, broadcast companies, producers of phonograms and videograms) are administered by „SWISSPERFORM“. Remuneration claims for multimedia and internet uses are adminstered for all collecting societies by the Swiss Multimedia Clearing Center (SMCC). Each Swiss collecting society has signed reciprocal agreements with foreign sister societies. These agreements ensure that members receive their royalty entitlements for the use of their works abroad.