Art. 69a CopA from 2022
Art. 69a (1) Offences relating to technical protection measures and to rights- management information
1 On the complaint of the person whose protection has been violated, any person who wilfully and unlawfully commits any of the following acts is liable to a monetary penalty:a. circumvents effective technological measures under Article 39 paragraph 2 with the intention of illegally using works or other protected subject-matter;b. manufactures, imports, offers, transfers or otherwise distributes, rents, gives or advertises for use, or possesses for commercial purposes devices, products or components, or provides services which:1. are the subject-matter of sales promotion, advertising or marketing with the goal of circumventing effective technological measures,2. have only a limited commercially significant purpose or use other than the circumvention of effective technological measures, or3. are primarily designed, manufactured, adapted or performed for the purpose of enabling or facilitating the circumvention of effective technological measures;c. removes or alters electronic rights management information on copyright and related rights under Article 39c paragraph 2; d. reproduces, imports, offers, transfers or otherwise distributes, broadcasts or makes perceptible or available works or other protected subject-matter on which electronic rights management information under Articles 39c paragraph 2 have been removed or altered.
2 Any person who has committed any act mentioned in paragraph 1 for commercial gain shall be prosecuted ex officio. The penalty is a custodial sentence not exceeding one year or a monetary penalty.
3 Acts under paragraph 1 letter c and d are only liable to prosecution where they are carried out by a person who is known or, under the circumstances, should be known, for instigating, enabling, facilitating or concealing infringements of copyright or related rights.
(1) Inserted by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 ([AS 2008 2497]; [BBl 2006 3389]).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
