2 Copyright also does not protect official or legally required collections and translations of the works referred to in paragraph 1.

1 Collections are protected as works in their own right insofar as they are intellectual creations with individual character with regard to their selection and arrangement.

4 The protection of the works used in the derivative work remains reserved.

3 Derivative works are protected as works in their own right.

2 Such works include, in particular, translations as well as audio-visual and other adaptations.

1 Derivative works are intellectual creations with individual character that are based upon pre-existing works, whereby the individual character of the latter remains identifiable.

1 Inserted by No I of the FA of 27 Sept. 2019, in force since 1 April 2020 ( AS 2020 1003 ; BBl 2018 591 ).

4 Drafts, titles and parts of works, insofar as they are intellectual creations with an individual character, are also protected.

3bis Photographic depictions and depictions of three-dimensional objects produced by a process similar to that of photography are considered works, even if they do not have individual character. 1

1 Works are literary and artistic intellectual creations with individual character, irrespective of their value or purpose.

2 As long as the author is not named or remains unknown in the case of a pseudonym or a distinctive sign, the person who is the editor of the work may exercise the copyright. Where such person is also not named, the person who has published the work may exercise the copyright.

1 Unless proven otherwise, the author is the person whose name, pseudonym or distinctive sign appears on the copies or the publication of the work.

4 Where the individual contributions may be separated and there is no agreement to the contrary, each joint author may use his own contribution independently provided such use does not impair the exploitation of the joint work.

3 Each joint author may independently bring an action for infringement, but may only ask for relief for the benefit of all.

2 Unless they have agreed otherwise, they may only use the work with the consent of all authors; consent may not be withheld for reasons contrary to the principles of good faith.

1 Where two or more persons have contributed as authors to the creation of a work, copyright belongs to all such persons jointly.

The author is the natural person who has created the work.

3 For works of architecture, the author only has the right to photograph the work and to require that copies of the plans be handed to him at his own expense.

2 Where it is not possible to return the work, the owner must make it possible for the author to reproduce the original in an appropriate manner.

1 Where the owner of an original work of which no further copies exist has reason to assume that the author of the work has a legitimate interest in its preservation, he may not destroy the work without first offering to return it to the author. The owner may not request more than the material value of the work.

3 The loan may be subject to the provision of security for the intact return of the copy of the work. Where the copy of the work cannot be returned intact, the author is liable regardless of fault.

2 The author may require that a copy of the work be lent to him for an exhibition in Switzerland if an overriding interest can be proven.

1 Any person who owns or is in possession of a copy of a work must provide access thereto to the author to the extent necessary for the latter to exercise the copyright and insofar as no legitimate interest of the owner precludes such access.

1 Inserted by No I of the FA of 27 Sept. 2019, in force since 1 April 2020 ( AS 2020 1003 ; BBl 2018 591 ).

5 This article does not apply to music contained in audio-visual works. The authors of musical works have a right to an equitable share of the proceeds from their collectively managed exclusive rights.

4 Authors of an audio-visual work which was not produced by a person domiciled or with a registered office in Switzerland only have a right to remuneration if the country in which the audio-visual work was produced also provides for a collectively managed remuneration right for authors for the making available of the work.

3 The right to remuneration is inalienable and unwaivable and only the authors are entitled to claim it; it substitutes any remuneration for the contractually agreed use of the audio-visual work. It may only be asserted by the approved collective rights management organisations.

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 authors who created the audio-visual work.

4 This Article does not apply to computer programs. The exclusive right under Article 10 paragraph 3 remains reserved.

3 Claims for remuneration may only be asserted by the approved collective rights management organisations (Art. 40 and seq.).

1 Any person who rents or otherwise makes available for a fee copies of literary or artistic works owes remuneration to the author.

1 Inserted by Art. 36 No 3 of the Film Act of 14 Dec. 2001 ( AS 2002 1904 ; BBl 2000 5429 ). Amended by No II of the FA of 20 June 2003, in force since 1 April 2004 (AS 2004 1385; BBl 2002 2022 5506).

3 Works of architecture that have been constructed may be altered by the owner; Article 11 paragraph 2 remains reserved.

2 Where the author has transferred the rights to a computer program or has consented to such transfer, such a program may subsequently be used or further transferred.

1bis Copies of audio-visual works may not be further transferred or rented as long as the author is thereby impaired in exercising his right of performance (Art. 10 para. 2 let. c). 1

1 Where the author has transferred the rights to a copy of a work or has consented to such a transfer, these rights may subsequently be further transferred or the copy otherwise distributed.

3 It is permissible to use existing works for the creation of parodies or other comparable variations on the work.

2 Even where a third party is authorised by contract or law to alter the work or to use it to create a derivative work, the author may oppose any distortion of the work that is a violation of his personal rights.

1 The author has the exclusive right to decide:

3 The author of a computer program also has the exclusive rental right.

2 The author has the right, in particular:

1 The author has the exclusive right to decide whether, when and how his work is used.

3 A work is considered to be published when it has been made available for the first time by the author, or with his consent, to a large number of persons not constituting a private circle as defined in Article 19 paragraph 1 letter a.

2 The author has the exclusive right to decide whether, when, how and under what author’s designation his own work is published for the first time.

1 The author has the exclusive right to his own work and the right to recognition of his authorship.

The rights referred to in Article 10 paragraphs 2 and 3 and in Article 11 are subject to debt enforcement insofar as the author has already exercised them and the work has already been published with the consent of the author.

Where a computer program has been created under an employment contract in the course of discharging professional duties or fulfilling contractual obligations, the employer alone shall be entitled to exercise the exclusive rights of use.

3 The assignment of the ownership of a copy of a work does not include the right to exploit the copyright, even in the case of an original work.

2 The assignment of a right subsisting in the copyright does not include the assignment of other partial rights, unless such was agreed.

1 Published works may be used for private use. Private use means: a. any personal use of a work or use within a circle of persons closely connected to each other, such as relatives or friends; b. any use of a work by a teacher and his class for educational purposes; c. the copying of a work in enterprises, public administrations, institutions, commissions and similar bodies for internal information or documentation. 2 Persons entitled to make copies of a work for private use may also have them made by third parties subject to paragraph 3; libraries, other public institutions and businesses that make copying apparatus available to their users are also deemed third parties within the meaning of this paragraph.1 3 The following are not permitted outside the private sphere defined in paragraph 1 letter a:2 a. the complete or substantial copying of a work obtainable commercially; b. the copying of works of art; c. the copying of musical scores; d. the fixation of recitations, performances or presentations of a work on blank media. 3bis Copies which are made by accessing works that are lawfully made available are neither subject to the restriction of private use under this Article nor are they included in the claims for remuneration under Article 20.3 4 This Article does not apply to computer programs. 1 Amended by No I of the FA of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2421; BBl 2006 3389).

2 Amended by No I of the FA of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2421; BBl 2006 3389).

3 Inserted by No 1 of the FA of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2421; BBl 2006 3389).

1 The use of the work within a circle of persons under Article 19 paragraph 1 letter a does not give rise to a right of remuneration subject to paragraph 3. 2 Any person who reproduces works in any manner for private use under Article 19 paragraph 1 letter b or letter c, or any person who does so as a third party under Article 19 paragraph 2 owes remuneration to the author. 3 Any person who produces or imports blank media suitable for the fixation of works owes remuneration to the author for the use of the works under Article 19. 4 Claims for remuneration may only be asserted by the authorised collective rights management organisations.

1 Any person who has the right to use a computer program may obtain, either personally or through a third party, necessary information on the interfaces by decoding the program code using independently developed programs. 2 The interface information obtained by decoding the program code may only be used for the development, maintenance and use of interoperable computer programs insofar as neither the normal exploitation of the program nor the legitimate interests of the owner of the rights are unreasonably prejudiced.

1 The right to make broadcast works perceptible simultaneously and without alteration or to rebroadcast such works within the framework of the retransmission of a broadcast programme may only be asserted by the authorised collective rights management organisations. 2 The retransmission of works by means of technical equipment that is intended to serve a small number of receivers, such as installations in a multiple-family dwelling or in a residential complex, is permitted. 3 This Article does not apply to the rebroadcasting of subscription television programmes or of programmes that cannot be received in Switzerland.

1 The following rights to archived works of broadcasting organisations’ under the Federal Act of 24 March 20062 on Radio and Television may only be asserted by the authorised collective rights management organisations, subject to paragraph 3: a. the right to broadcast the unmodified complete archived work or an excerpt thereof; b. the right to make available the unmodified complete work, or an excerpt thereof, in such a way that persons may access it from a place or at a time individually chosen by them; c. the reproduction rights necessary to exercise the uses under letters a and b. 2 A broadcasting organisations’ archived work means a work fixed on a phonogram or audio-visual fixation which was created by a broadcasting organisation under its own editorial responsibility and at its own expense or by a third party at the sole request and expense of the broadcasting organisation and which was first broadcast at least ten years previously. In the event that other works or parts of works are integrated into an archived work, paragraph 1 also applies to the assertion of rights to this work or partial work insofar as these do not significantly determine the unique character of the archived works. 3 To the extent that the rights under paragraph 1 and their remuneration are regulated in a contract prior to the first broadcast or within ten years thereafter, the contractual provisions apply exclusively. Paragraph 1 does not apply to the broadcasting organisations' rights under Article 37. The broadcasting organisations and the third parties involved must provide information regarding the contractual agreement to the collective rights management organisation upon request. 1 Inserted by No 1 of the FA of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2421; BBl 2006 3389).

2 SR 784.40

1 A work is considered to be orphaned if the holders of the rights to the work remain unknown or cannot be found following an appropriate research effort. 2 The rights to the orphan work under Article 10 may only be asserted by authorised collective rights management organisations if the work is used on the basis of a copy of a work which: a. is contained in collections held by public or publicly accessible libraries, educational institutions, museums, collections and archives or in archive collections of broadcasting organisations; and b. was produced, copied, or made available in Switzerland, or handed over to an institution within the meaning of letter a. 3 Orphan works are considered to be published. If other works or partial works are integrated into an orphan work, paragraph 2 also applies to the assertion of the rights to these works or partial works insofar as these do not significantly determine the unique character of the archived works. 4 The rights holders have a right to remuneration for the use of the work. This may not exceed the remuneration provided for in the distribution regulations of the relevant collective rights management organisation for the use of the work. 5 Article 43a applies to the use of a larger number of works on the basis of copies of works from collections under paragraph 2 letter a. 6 If no rights holders present themselves within 10 years, the proceeds of exploitation, by way of derogation from Article 48 paragraph 2, shall be used in their entirety for social welfare purposes and for the appropriate promotion of culture. 1 Inserted by No 1 of the FA of 5 Oct. 2007. 2007 (AS 2008 2421; BBl 2006 3389). Amended by No I of the FA of 27 Sept. 2019, in force since 1 April 2020 (AS 2020 1003; BBl 2018 591).

1 The right to make non-theatrical works of music contained in a broadcast available through a radio or television programme may only be asserted by the authorised collective rights management organisations if: a. the broadcast was primarily produced by the broadcasting organisation or at its request; b. the broadcast was dedicated to a non-musical topic which took precedence over the music and was announced prior to the broadcast in the usual manner; and c. making it available does not impair the sale of music on phonograms or through online offers by third parties. 2 Subject to the requirements of paragraph 1, the right of reproduction for the purpose of making available may only be asserted by the authorised collective rights management organisations. 1 Inserted by No 1 of the FA of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2421; BBl 2006 3389).

1 If a musical work, with or without lyrics, has been fixed on a phonogram in Switzerland or abroad and has been offered, transferred or otherwise distributed in this form with the permission of the author, all manufacturers of phonograms with a commercial establishment in Switzerland may also request permission from the copyright owner to do the same in Switzerland against remuneration. 2 The Federal Council may waive the requirement of a commercial establishment in Switzerland in the case of nationals of countries granting reciprocity.

1 One copy of a work may be made in order to ensure its preservation. The original or the copy must be stored in an archive not accessible to the general public and be marked as the archive copy. 1bis Public and publicly accessible libraries, educational institutions, museums and archives may make those copies of the works required to secure and preserve their collections insofar as these copies are not made for financial or commercial gain.1 2 Any person entitled to use a computer program may make one backup copy thereof; this right may not be waived by contract. 1 Inserted by No 1 of the FA of 5 Oct. 2007 (AS 2008 2421; BBl 2006 3389). Amended by No I of the FA of 27 Sept. 2019, in force since 1 April 2020 (AS 2020 1003; BBl 2018 591).

The making of temporary copies of a work is permitted if: a. they are transient or incidental; b. they represent an integral and essential part of a technological process; c. their sole purpose is to enable a transmission of the work in a network between third parties by an intermediary or a lawful use of the work; and d. they have no independent economic significance. 1 Inserted by No 1 of the FA of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2421; BBl 2006 3389).

1 If commercially available phonograms or audio-visual fixations are used for broadcasting purposes by broadcasting organisations subject to the Federal Act of 24 March 20062 on Radio and Television, the rights of reproduction of non-theatrical musical works may only be asserted by an authorised collective rights management organisation. 2 Copies produced in accordance with paragraph 1 may neither be transferred nor otherwise distributed; they must be produced by the broadcasting organisation by means of their own facilities. They must be destroyed after they have fulfilled their purpose. Article 11 remains reserved. 1 Inserted by No 1 of the FA of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2421; BBl 2006 3389).

2 SR 784.40

1 A work may be reproduced, distributed or made available in a format which is accessible to people with disabilities insofar as the work cannot be perceived, or can only be perceived with difficulty, in its already published form. 2 Copies under paragraph 1 may only be produced, distributed or made available for non-commercial purposes, and only for the use of persons with disabilities. 3 Copies under paragraph 1 and copies which were produced in accordance with a corresponding legal limitation or exception in another country may be imported and exported if: a. they are used exclusively by persons with disabilities; and b. they are obtained by a non-profit organisation which, as one of its main activities, provides services to persons with disabilities in the fields of education, instructional training, adaptive reading or access to information. 4 The author has the right to remuneration for the copying, distribution and making available of a work in a format accessible to persons with disabilities other than in the case of the production of individual copies of the work. 5 Claims for remuneration may only be asserted by an authorised collective rights management organisation. 1 Inserted by No 1 of the FA of 5 Oct. 2007 (AS 2008 2421; BBl 2006 3389). Amended by the Annex to the FD of 21 June 2019 on the Adoption of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, in force since 1 April 2020 (AS 2020 1013; BBl 2018 591).

1 For the purposes of scientific research, it is permissible to reproduce a work if the copying is due to the use of a technical process and if the works to be copied can be lawfully accessed. 2 On conclusion of the scientific research, the copies made in accordance with this article may be retained for archiving and backup purposes. 3 This article does not apply to the copying of computer programs. 1 Inserted by No I of the FA of 27 Sept. 2019, in force since 1 April 2020 (AS 2020 1003; BBl 2018 591).

1 Public and publicly accessible libraries, educational institutions, museums, collections and archives may, within their inventories that serve the purposes of describing and making their collections accessible, reproduce short excerpts of the works or copies of works in their collections, provided that this does not impair the normal exploitation of the works. 2 The following parts of works, in particular, are considered short excerpts: a. for literary, scientific and other linguistic works: 1. the cover as a small-format, low-resolution image, 2. the title, 3. the frontispiece, 4. the table of contents and bibliography, 5. the dust jacket, 6. summaries of scientific works; b. for musical and other acoustic works as well as cinematographic and other audio-visual works: 1. the cover as a small-format, low-resolution image, 2. an extract made publicly available by the rights holders, 3. a short extract with a reduced resolution or in a reduced format; c. for works of art, in particular paintings, sculptures and graphic works, as well as photographic and other visual works: the overall view of the work as a small-format, low-resolution image. 1 Inserted by No I of the FA of 27 Sept. 2019, in force since 1 April 2020 (AS 2020 1003; BBl 2018 591).

1 Published works may be quoted if the quotation serves as an explanation, a reference or an illustration, and the extent of the quotation is justified for such purpose. 2 The quotation must be designated as such and the source given. Where the source indicates the name of the author, the name must also be cited.

A work forming part of a collection accessible to the public may be reproduced in a catalogue issued by the administrators of the collection; the same rule applies to the publication of exhibition and auction catalogues.

1 A work permanently situated in a place accessible to the public may be depicted; the depiction may be offered, transferred, broadcast or otherwise distributed. 2 The depiction may not be three-dimensional and it may not serve the same purpose as the original.