Copyright Act (CopA) Art. 35a

Zusammenfassung der Rechtsnorm CopA:

Art. 35a CopA from 2022

Art. 35a ⁽¹⁾ 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:

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 only be asserted by the approved collective rights management organisations.

4 Performers only have a right to remuneration for their performances in an audio-visual work which was not produced by a person domiciled or with a registered office in Switzerland, if the country in which the audio-visual work was produced also provides for a collective right to remuneration for performers for making the work available.