Sr 231.1 Federal Law Of 9 October 1992 On Copyright And Neighbouring Rights (Law On Copyright, Lda)

Original Language Title: RS 231.1 Loi fédérale du 9 octobre 1992 sur le droit d’auteur et les droits voisins (Loi sur le droit d’auteur, LDA)

Read the untranslated law here: https://www.admin.ch/opc/fr/classified-compilation/19920251/index.html

231.1 Federal law on copyright and neighbouring rights (law on copyright, LDA) * 1 of 9 October 1992 (Status January 1, 2011) the Federal Assembly of the Swiss Confederation, see art. 31, al. 2, 64 and 64 of the constitution, given the message of the federal Council on 19 June 1989, stop: title 1 object art. 1. this Act regulates: a. the protection of authors of literary and artistic works; b. the protection of performers, producers of phonograms or videograms and broadcasting organizations; c. the federal oversight of the management companies.

International agreements are reserved.

Title 2 Chapter 1 the art work Copyright 2 definition by work, regardless of the value or the destination, means any creation of the mind, literary or artistic, that has an individual character.
Including are creations of the mind: a. using the language works, whether literary, scientific or other; b. musical works and other acoustic works c. works of fine arts, especially the paintings, sculptures and graphic works; d. works to scientific or technical content, such as drawings, plans, the cards or carved or model books; e. works of architecture; f. the works of applied art; g. photographic works film and other Visual or audiovisual works; h. choreographic works and pantomimes.

Computers (software) programs are also considered works.
Are assimilated to works projects, titles and parts of works if they are creations of the mind that have individual character.

Art. 3 works derived by derivative work, means any creation of the mind which has an individual character, but which has been designed from one or several recognizable pre-existing works in their individual character.
Include derivative works translations and audiovisual adaptations or other.
Derivative works are protected for themselves.
The protection of the pre-existing works is reserved.

Art. 4 collections collections are protected for themselves, if they are creations of the mind that have individual character because of choice or the disposal of their content.
The protection of the works brought together in collections is reserved.

Art. 5 no copyrighted works are not protected by copyright law: a. laws, ordinances, international agreements and other official acts; (b) the means of payment; c. decisions, minutes and reports emanating from the authorities or of public administrations; d. issues of patent and patent applications publications.

Are not protected, collections and translations, official or required by law, works referred to in para. 1 Chapter 2 the author art. 6 definition by author, means the natural person who created the work.

Art. 7 quality of co-author when several people contributed as authors to the creation of a work, the copyright belongs to them in common.
Unless otherwise agreed, the sponsors may use the work only by mutual agreement. None of them may refuse approval for reasons contrary to the rules of good faith.
In breach of copyright law, each of the coauthors has standing to bring action; However, they cannot do so on behalf of all.
If the respective contributions of the authors may be disjoint, each author may, unless otherwise agreed, separately use his contribution, provided that the exploitation of the joint work is not affected.

Art. 8 presumption of authorship until proof to the contrary, the person named as author by name, a pseudonym, or a distinctive sign on the copies of the work, or at disclosure, is presumed be the author.
As long as the author is not designated by its name, a pseudonym, or a distinctive sign, the person who published the work may exercise copyright. If this person is not appointed, person who has published the work may exercise this right.

Chapter 3 scope of copyright Section 1 relationship between the author and his work of art. 9 recognition of the authorship the author has the exclusive right to work and the right to recognition as an author.
It has the exclusive right to decide whether, when, how and under what name the work will be disclosed.
A work is published when it is made available for the first time, by the author or with his consent, to a large number of people is not a circle of people closely linked to the senses of the art. 19, al. 1, let. a. art. 10 use of the work the author has the exclusive right to decide if, when and how his work will be used.
There especially the right: a. to make copies of the work, particularly in the form of printed matter, phonograms, videograms or other data carriers; (b) to propose to the public, to dispose of or, in any other way, to put into circulation of the copies of the work; c. to recite, to represent and to perform the work, to see or hear at one place other than where it is presented and make it available directly or by any means whatsoever, so that each may access them from a place and at the time that individually chosen; d. to broadcast the work by radio, television or similar means, either over the air or by cable or other drivers; e. retransmit the work broadcast by technology whose exploitation is not the original diffuser body including cable or other drivers; f. to see or hear of works made available, distributed, or broadcast.

The author of software also has the exclusive right to rent.

New content according to art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).
New content according to art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).

Art. 11 integrity of the work the author has the exclusive right to decide: a. whether, when and how the work can be changed; b. whether, when and how the work may be used for the creation of a derivative work, or be incorporated into a collection.

Even if a third party is authorized by contract or by law to alter the work or to use it to create a derivative work, the author may oppose any alteration of the bearing work affect his personality.
The use of existing works to create similar imitations or parodies is lawful.

Section 2 relationship between the author and the owner of a copy of the work of art. 12 exhaustion of rights the copies of the work which have been disposed by the author or with his consent may be again, or in any other way, be put into circulation.
Copies of an audiovisual work may not be resold or leased from the moment where the exercise of the right of representation of the author is more hindered (art. 10, para. 2, let. c).
Software that have been alienated by the author or with his consent may be used or alienated again.
Once completed, works of architecture may be modified by the owner; art. 11, al. 2, is reserved.

Introduced by art. 36 No 3 of the Federal Act of 14 Dec. 2001 on film (RO 2002 1904; FF 2000 5019). New content according to chapter II of the Federal Act of 20 June 2003, in force since April 1, 2004 (RO 2004 1385; FF 2002 1911 5128).

Art. 13 rental of copies of works anyone rents or, in some other way, makes available for sale copies of literary or artistic works, must pay remuneration to the author.
No remuneration is due to: a. works of architecture; (b) copies of works of applied art; c. copies of works that have been leased or loaned for use of copyright permitted by contract.

Remuneration rights may be exercised only by approved management companies (art. 40 ss).
This section does not apply to software. The exercise of the exclusive right referred to in art. 10, al. 3, is reserved.

Art. 14 right of the author to gain access to the work and to expose the author may require the owner or the possessor of a copy of the work he gives him access to this copy to the extent that proves essential to the exercise of its copyright and on condition that no legitimate interest of the owner or the possessor is opposed.
The author who wishes to expose a copy of the work in Switzerland may require the owner or the possessor to he the him back for this purpose as long as he can establish an overriding interest.
The owner or possessor may make the delivery of the work to the provision of security for the return of the intact copy. If the copy of the work cannot be returned intact, the author is responsible even without fault on his part.

Art. 15 protection in case of destruction if the owner of the unique original copy of a work is to admit that the author has a legitimate interest in the conservation of this copy, it can destroy it without first offering to the author to take it back. It may require more than the value of the raw material.

The owner must allow the author to reproduce the original copy in an appropriate manner when the author cannot take it back.
In the case of a work of architecture, the author has only the right to photograph and to require that copies of the plans be handed to him at his own expense.

Chapter 4 transfer of rights; execution art. 16 transfer of copyright rights are assignable and transferable by succession.
Unless otherwise agreed, the transfer of one of the rights arising from copyright law does not imply the transfer of other partial rights.
The transfer of ownership of a work, whether for the original or a copy, does not imply that of copyright.

Art. 17 rights on software the employer is only allowed to exercise the exclusive rights to use the software created by the worker in the exercise of his activity in the service of the employer and in accordance with its contractual obligations.

Art. 18 execution are subject to enforcement proceedings the rights enumerated in art. 10, al. 2 and 3, and art. 11, if the author has already exercised and if the work has already been disclosed with the permission of the author.

Chapter 5 Restrictions on copyright art. 19 use of a work for private use the private use of a disclosed work is allowed. Private use means: a. any use for personal purposes or in a circle of closely related persons, such as parents or some friends; b. any use of works by a master and his pupils for purposes educational; c. the reproduction of copies of works within the companies, public administrations, institutions, commissions and similar bodies, for internal information or documentation purposes.

The person who is authorized to make reproductions for private use may also, subject to para. 3, handle a third. are also considered third parties within the meaning of this paragraph libraries, other public institutions and companies that put a machine for making copies available to their users.
Are not allowed outside the circle of persons closely related within the meaning of para. 1, let. a: a. the reproduction of all or most of the copies of works available on the market; (b) the reproduction of works of fine arts; (c) the reproduction of scores of works; musical d. registration of representations, interpretations or performances of a work on phonograms, videograms or other data carriers.

Reproductions made during the consultation at the request of works lawfully made available are subject to the restrictions imposed by this section, or to rights to remuneration referred to in art. 20. This section does not apply to software.

New content according to chapter I of the Federal Act of 5 October. 2007, in force since July 1. 2008 (2008 2421 RO; FF 2006 3263).
New content according to chapter I of the Federal Act of 5 October. 2007, in force since July 1. 2008 (2008 2421 RO; FF 2006 3263).
Introduced by chapter I of the Federal Act of 5 October. 2007, in force since July 1. 2008 (2008 2421 RO; FF 2006 3263).

Art. 20 remuneration for private use the use of the work for personal purposes within the meaning of art. 19, al. 1, let. a, does not entitle to compensation, subject to para. 3. the person who, for his use in the sense of art. 19, al. 1, let. b or c, reproduced works in any way either for itself or on behalf of a third party according to the art. 19, al. 2, is required to pay remuneration to the author.
Producers and importers of blank tapes and other materials specific to registration of works are required to pay remuneration to the author for the use of the work within the meaning of art. 19. the remuneration rights may be exercised only by approved management companies.

New content according to chapter I of the Federal Act of 5 October. 2007, in force since July 1. 2008 (2008 2421 RO; FF 2006 3263).

Art. 21 decryption of software the person authorized to use a software are available, by cracking the code of the program, information on interfaces with programs developed independently. It can operate itself or appoint a third party.
Interfaces obtained by decrypting information from the code of the program cannot be used to develop, maintain and use software interoperable, provided that such use does not affect the normal exploitation of the program nor does not cause undue hardship to the legitimate interests of entitlement.

Art. 22 works broadcast communication the right to see or hear simultaneously and without modification or broadcast works broadcast during the retransmission of a broadcast program may be exercised only by approved management companies.
It is lawful to broadcast works by means of technical installations that are intended for a small number of users. such is the case of facilities that serve a multi-family building or a residential complex.
This section does not apply to the retransmission of television by subscription or programs cannot be picked up in Switzerland.

Art. 22aUtilisation productions of archives of broadcasters subject to para. 3, the following rights on the productions of archives of broadcasters under the terms of the Federal law of March 24, 2006 on radio and television cannot be exercised by management companies approved: a. the right to broadcast the production of archives without modification, in its entirety or in the form of extract; (b) the right to make available the archives unmodified production in its entirety or in the form of extract, so that everyone can access them from a place and at the time that individually chosen; c. reproduction rights needed to use according to the let. a and b.

Production of archives of a broadcasting undertaking, means a work fixed on a phonogram or a Videogram which was produced either by the media itself, organization on its own editorial responsibility and with its own expenses by third parties to which it has itself ordered, and including the first broadcast ten years ago at least. If a production of archives includes other works or parts of works, para. 1 also applies to the exercise of the rights on those other works or parts of works insofar as they do not substantially determine the specific character of the production of archives.
In the presence of a contractual agreement entered into before the first broadcast or in the ten years that followed it and bearing on the rights referred to in para. 1 and their compensation, only the contractual provisions are applicable. The al. 1 does not apply to the rights of broadcasters in the sense of art. 37. at the request of the management company, broadcasters and third-party beneficiaries are required to provide information on the contractual agreements.

Introduced by chapter I of the Federal Act of 5 October. 2007, in force since July 1. 2008 (2008 2421 RO; FF 2006 3263).
RS 784.40 art. 22bUtilisation of orphan works the rights necessary for the exploitation of phonograms or videograms may be exercised only by a licensed management company, where: a. exploitation concerns stocks of publicly available archives and archives of broadcasters; b. rights holders are unknown or cannot be found; c. phonograms or videograms intended for exploitation have been produced or reproduced in Switzerland and at least ten years have elapsed since their production or reproduction.

Users are required to notify management companies phonograms or videograms containing orphan works.

Introduced by chapter I of the Federal Act of 5 October. 2007, in force since July 1. 2008 (2008 2421 RO; FF 2006 3263).

Art. 22cMise of musical works broadcast law to make available in connection with radio or television broadcasting, no theatrical musical works contained in these emissions may not be exercised by a management company approved when the following conditions are met: a. the show is largely produced by the broadcasters themselves or at their request; b. the show is devoted to a theme that dominates the musical aspect and which has was announced before the show in the usual manner; c. provision does not nor to offer online by third parties, or to the sale of music recordings.

Only a licensed management company may exercise the right to reproduction for the purpose of provision when the terms of para. 1 are met.

Introduced by chapter I of the Federal Act of 5 October. 2007, in force since July 1. 2008 (2008 2421 RO; FF 2006 3263).
Rectified by Commission for the drafting of the SSA. fed. (art. 58, para. 1, PA - RS 171.10).

Art. 23 compulsory license for the production of Phonograms


When a musical work, with or without text, is registered in Switzerland or abroad on a phonogram and that this form and with the authorization of the author, she is proposed to the public, alienated or in any other way, traffic, any producer of phonograms having an industrial in Switzerland may require the holder of the copyright, for a fee, the same permission for the Switzerland.
The federal Council may lift the obligation to have an industrial facility in Switzerland for nationals of countries granting reciprocity.

Art. 24 copies of archives and backups to ensure the conservation of a work, it is permissible to make a copy. The original or copy will be filed in archives not accessible to the public and designated as exemplary of archives.
Libraries, educational institutions, museums and archives accessible to the public are allowed to make copies of copies of works which are necessary for the protection and conservation of their collections, provided that they pursue any economic or commercial purpose with this activity.
The person who has the right to use software may make a backup copy; It cannot be derogated from by contract this prerogative.

Introduced by chapter I of the Federal Act of 5 October. 2007, in force since July 1. 2008 (2008 2421 RO; FF 2006 3263).

Art. temporary 24aReproductions the temporary reproduction of a work is permitted under the following conditions: a. it is transient or incidental; b. She is part integral and essential to a technical process; c. its sole purpose is to enable a transmission in a network between third parties by an intermediary or lawful use of the work; d. She has no independent economic significance.

Introduced by chapter I of the Federal Act of 5 October. 2007, in force since July 1. 2008 (2008 2421 RO; FF 2006 3263).

Art. 24bReproductions for dissemination purposes if phonograms or of videograms available on the market are used for purposes of broadcasting by broadcasters subject to the Federal law of March 24, 2006 on radio and television, the right of reproduction in non-theatrical musical works can be exercised only by a licensed management company.
Reproductions made under para. 1 cannot be alienated or put into circulation in any other way; broadcasters must make them on their own. They should be destroyed as soon as they have fulfilled their purpose. Art. 11 is reserved.

Introduced by chapter I of the Federal Act of 5 October. 2007, in force since July 1. 2008 (2008 2421 RO; FF 2006 3263).
RS 784.40 art. 24cUtilisation by individuals with disabilities if the form in which a work is published makes or makes difficult the perception of it by people with disabilities, it is permissible to reproduce the work in a form that makes them accessible.
These copies of the work cannot be made and put into circulation for use by people with disabilities and without pursuit of profit.
The author is entitled to remuneration for the reproduction and release of his work in a form accessible to individuals with sensory disabilities, with the exception of cases where only isolated copies are made.
The right to compensation may be exercised only by a licensed management company.

Introduced by chapter I of the Federal Act of 5 October. 2007, in force since July 1. 2008 (2008 2421 RO; FF 2006 3263).

Art. 25 quotes quotations of works disclosed are lawful insofar as they serve as commentary, reference or demonstration and provided that their job justifies the scope.
The citation must be indicated; the source and, provided that he be appointed there, the author, should be mentioned.

Art. 26 catalogs of museums, exhibitions and auctions in the catalogues published by the administration of a public collection, it is permissible to reproduce works in this collection; This rule also applies to the edition of catalogues of exhibitions and auctions.

Art. 27 works located in places accessible to the public it is permissible to reproduce works at home on a track or a place accessible to the public; reproductions can be offered to the public, sold, broadcast, or in any other way, traffic warnings.
These works may not be reproduced in three dimensions; the reproductions should not be used for the same purpose as the original.

Art. 28 reviews topical for purposes of news reporting, it is permissible to record, reproduce, present, to issue and to put into circulation, or in any other way, to see or hear the works seen or heard during this event.
Purposes of information on topical issues, it is lawful to reproduce, to put into circulation, to broadcast or rebroadcast snippets of articles of press and radio or television reports; the extract must be indicated; the source and, provided that he be appointed there, the author, should be mentioned.

Section 6 term of protection art. 29 General work, that she is fixed on a support material or not, is protected by copyright from its inception.
Protection shall terminate: a. for software, 50 years after the author's death; (b) for all other works, 70 years after the author's death.

The protection ceases if it is necessary to admit that the author died for more than 50 or 70 respectively.

Rectified by Commission for the drafting of the SSA. fed. (art. 33 LREC - RO 1974 1051).

Art. 30 sponsors if the work was created by many people (art. 7), the protection shall terminate: a. for software, 50 years after the death of the last surviving co-author survivor; (b) for all other works, 70 years after the death of the last surviving co-author survivor.

If the respective contributions may be disjoint, the protection of each of them ends respectively 70 or 50 years after the author's death.
To calculate the duration of protection of films and audiovisual works, we take into account that the date of death of the Director.

Rectified by Commission for the drafting of the SSA. fed. (art. 33 LREC - RO 1974 1051).
Rectified by Commission for the drafting of the SSA. fed. (art. 33 LREC - RO 1974 1051).
Rectified by Commission for the drafting of the SSA. fed. (art. 33 LREC - RO 1974 1051).

Art. 31 author unknown when the author is unknown, protection of the work shall end 70 years after it has been disclosed or, if it has been in installments, 70 years after the last delivery.
When the identity of the author is made public before the expiry of the aforementioned period, protection of the work shall terminate: a. for software, 50 years after the author's death; (b) for all other works, 70 years after the author's death.

Rectified by Commission for the drafting of the SSA. fed. (art. 33 LREC - RO 1974 1051).
Rectified by Commission for the drafting of the SSA. fed. (art. 33 LREC - RO 1974 1051).

Art. 32 computation of the term of protection the term of protection begins on December 31 of the year in which the key event occurred.

Title 3 rights neighbors art. 33 rights of the artist performer by performer, means the natural person who performs a work or an expression of folklore or who participates artistically in such enforcement.
The performer has the exclusive right: a. to see or hear his performance, or the fixation thereof, in a place other than where it is performed or presented and put at disposal, directly or by any means whatsoever, so that everyone can access them from a place and at the time that individually chosen; b. to broadcast his performance or the fixation thereof by radio television or similar means, or over-the-air, either by cable or other drivers as well as retransmit by technical means whose exploitation is not the original broadcast agency; c. of making phonograms or videograms of his performance or the fixing of it or save them to another data medium and to reproduce such recordings; d. to propose to the public to alienate, or in some other way, to circulate copies of the medium on which is recorded his performance; e. to see or hear his performance, or the fixation thereof, when it is broadcast, transmitted or made available.

New content according to art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).
New content according to art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).
New content according to art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).
New content according to art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).
New content according to art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).

Art. moral 33aDroits of the artist performer


The performer has the right to recognition as an artist interprets for his performance.
The protection of the artist performer against the alterations made to its delivery is governed by the art. 28 to 28l of the civil code.

Introduced by art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).
SR 210 art. 34pluralite of performers if several people participated artistically in the performance of a work, neighboring rights belong to them in common according to the rules of the art. 7. If several performers occur as group, under a name common, a representative appointed by the group is entitled to assert the rights of its members. As long as the Group did not designate a representative, the Organizer, the producer of phonograms, videograms or other data carriers, or even the media organization, is entitled to assert these rights.
When delivery is made by a choir or an orchestra, or a show, simply, so that it can be used in the sense of art. 33, the following individuals have given their consent: a. the soloists; b. the conductor; c. the Director; d. a representative designated by the group within the meaning of para. 2. the person authorized to use the performance of a work on the videograms is entitled to allow any third party implementing provision of execution recorded so that everyone can access it from the place and at a time individually chosen.
Lack of statutory provisions or relevant contractual, of reports between empowered individuals to assert rights in accordance with paras. 2 and 4 and the artists they represent are governed by the rules of management of affairs without mandate.

New content according to chapter I of the Federal Act of 5 October. 2007, in force since July 1. 2008 (2008 2421 RO; FF 2006 3263).

Art. 35 right to compensation for the use of Phonograms and videograms if phonograms or of videograms available on the market are used for purposes of dissemination, retransmission, public reception (art. 33, al. 2, let. e) or of representation, the artist is entitled to compensation.
The producer of the medium used is entitled to an equitable share of the remuneration payable to the performer.
Remuneration rights may be exercised only by approved management companies.
Foreign performers who do not have their habitual residence in Switzerland have right to remuneration if the State of which they are nationals grants a right corresponding to Swiss nationals.

Art. The producer of phonograms or videograms 36Droits the producer of phonograms or videograms have the exclusive right: a. to reproduce the recordings and to offer to the public, to alienate or put into circulation in any other way the copies reproduced; (b) to make available records, by any means whatsoever, so that everyone can access them from a place and at a time individually chosen.

New content according to art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).

Art. 37 rights of broadcasting organizations the media organization has the exclusive right: a. to broadcast her show; b. to see or hear his show; c. to set his show on phonograms, videograms or other data carriers and to reproduce such recordings; d. to offer to the public, to alienate, or in any other way, to release copies of his program; e. to make available his show , by any means whatever, so that everyone can access them from a place and at a time individually chosen.

Introduced by art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).

Art. 38 transfer of rights; execution and limits art. 12, al. 1, and art. 13, along with the 4 and 5 of title 2 Chapter apply by analogy to rights of performers, producers of phonograms or videograms and broadcasting organizations.

Art. 39 duration of protection protection begins with the execution of the work or expression of folklore by the artist performer, with the publication of the phonogram or of the Videogram, with its making if he did not subject publication, or with the broadcast of the show. It ends after 50 years.
The right to recognition as an artist interprets in accordance with art. 33, art. 1, ends with the death of the performer, but not before the expiry of the period of protection provided for in para. 1. the protection period begins to run on 31 December of the year in which the key event occurred.

New content according to art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).
Introduced by art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).

Title 3aProtection of technical measures and information on the regime of rights art. 39A Protection of technical measures it is forbidden to circumvent effective technological measures for the protection of works and other subject-matter.
Are considered effective technological measures within the meaning of para. 1 technologies and features such as access, protection anticopies controls, encryption, interference and other mechanisms of transformation designed and clean to prevent or to limit unauthorized artworks and other objects protected.
It is prohibited to manufacture, import, offer to the public, to alienate or put into circulation in any other way, to rent, to entrust for use, to advertise for, to own for profit of devices, products or components as well as to provide services that present one of the following characteristics: a. they are being promoted advertising or marketing to circumvent effective technological measures; (b) they don't have, the circumvention of effective technological measures aside, only a purpose or limited commercial use; c. they are primarily designed, produced, adapted or performed for the purpose to enable or facilitate the circumvention of effective technological measures.

Ban circumvent cannot hit one that bypasses an effective technical measure exclusively in order to conduct a lawful use.

Art. 39 federal Observatory of technical measures the Council b establishes an Observatory of technical measures that: a. observes the effects of technical measures (art. 39, para. 2) on the restrictions of copyright law governed by arts. 19 to 28 and gives an account of his observations; b. serves as liaison between the users and consumers Agency, on the one hand, and the users of technical measures, on the other hand, and encourages the search for common solutions.

It regulates the tasks and procedures of the Organization of the Observatory. It may provide that it take action where required by the public interest protected by copyright restrictions.

Art. 39 Protection of information on the rights regime it is forbidden to remove or change information on the system of copyright and related rights.
Are protected electronic information allowing to identify the works and other protected objects or explain the terms and conditions of use, as well as numbers or codes representing such information, when this piece of information: a. is affixed on a phonogram, a videogram or a data carrier; (b) appears in connection with the communication without physical support of a work or other protected object.

It is forbidden to reproduce, import, offer to the public, alienate or put into circulation in any other way, to disseminate, to see or hear or making available of works or other objects protected including the information about the regime of copyright and neighbouring rights have been deleted or changed.

Title 4 management companies Chapter 1 management areas under the supervision of the Confederation art. 40 are under the supervision of the Confederation: a. management of the exclusive rights of enforcement and dissemination of non-theatrical musical works, as well as making phonograms or videograms of such works, a. the exercise of the exclusive rights provided for in art. 22, 22A to 22 c, and 24b; b. the exercise of the rights to compensation provided for in art. 13, 20, 24 and 35.

The federal Council may submit to supervision of the Confederation of other areas of management, if the public interest so requires.
The management of the exclusive rights within the meaning of para. 1, let. a, by the author himself or by his heirs is not subject to the supervision of the Confederation.

Introduced by chapter I of the Federal Act of 5 October. 2007, in force since July 1. 2008 (2008 2421 RO; FF 2006 3263).
New content according to chapter I of the Federal Act of 5 October. 2007, in force since July 1. 2008 (2008 2421 RO; FF 2006 3263).
New content according to chapter I of the Federal Act of 5 October. 2007, in force since July 1. 2008 (2008 2421 RO; FF 2006 3263).

Chapter 2 system of authorization art. 41 principle


The person who manages rights under the supervision of the Confederation must be licensed by the Federal Institute of intellectual property (IPI).

The name of the administrative unit has been adapted in application of art. 16, al. 3, o Nov. 17. 2004 on official publications (RS 170.512.1). This mod has been taken throughout the text.

Art. 42 conditions permissions are granted to management companies: a. which have been formed under Swiss law and have their headquarters and their management in Switzerland; b. who main purpose is the management of copyrights or rights neighbors; c. that are accessible to all such holders d. who concedes to authors and performers a right of participation suitable for company decisions; e. offering especially with their statutes, any warranty with respect to the legal provisions; f. which can expect efficient and economic management.

As a general rule, will be granted permission to a company by category of works and a society for neighbouring rights.

Art. 43 duration; publication permission is granted for five years; at the end of each period, it can be renewed for the same duration.
The granting, renewal, modification, revocation and non-renewal of an authorization are published.

Chapter 3 Obligations of management companies art. 44 obligation to manage to rights owners, management companies are required to exercise the rights in their area of activity.

Art. 45 management principles management companies administer their affairs according to the rules of sound and economic management.
They are required to perform their tasks according to defined rules and the principle of equality of treatment.
They should not aim to profit.
They are, to the extent possible, contracts of reciprocity with foreign management companies.

Art. 46 rates management companies establish tariffs for the recovery of compensation.
They negotiate each fare with representative associations of users.
They submit prices to the approval of the Federal Arbitration Board (article 55) and publish those approved.

Art. 47 Community tariff if several management companies operating in the same field of use of works or performers (benefits) benefits, they set a single rate for each operating mode according to uniform principles and designate one of them as a joint collection body.
The federal Council may enact additional provisions addressing their collaboration.

Art. 48 principles of distribution management companies are required to establish a regulation of distribution of the proceeds of the management and to submit it to the approval of the supervisory authority (art. 52, para. 1).
The assignment from the management product for purposes of social security and encouragement of cultural activities requires the approval of the supreme body of the company.

Art. 49 distribution of the product of the management companies must distribute the proceeds of their management in proportion to the performance of each work and each delivery. They must do everything that can reasonably be expected of them to identify rights holders.
If this distribution results in excessive fees, management companies can assess performance arising out of the use of works or services; evaluations must be based on adequate and controllable criteria.
The product of the management must be allocated between the original owner and other interested parties so that a fair share back generally to the author and the performer. A different distribution can be expected when it appears that the fees would be excessive.
The contractual agreements that the original owner of the rights has entered into with third parties prevail the rules of distribution.

Art. 50 duty to inform and to make account management companies are required to provide all information to the supervisory authority and to put at its disposal all the parts needed. In addition, they present each year a report on the past year.

Chapter 4 Obligation to provide information management companies art. 51. insofar as is reasonably demand it of them, users of works must provide all the information they need to set rates, apply and distribute the proceeds of their management to management companies.
Management companies are required to safeguard the secret of business.

Chapter 5 Monitoring Section 1 article management oversight management companies 52 supervisory authority oversight of management companies is the responsibility of the IPI (supervisory authority).


Repealed by no I of the Federal Act of 5 October. 2007, with effect from July 1. 2008 (2008 2421 RO; FF 2006 3263).

Art. 53 scope of surveillance the surveillance authority controls the activity of the management companies and ensure that they are meeting their obligations. She examines their activity report and approves it.
It may issue instructions on the duty to provide information (art. 50).
To exercise its powers, the supervisory authority may also appeal to people outside the federal administration; These people are subject to the obligation of secrecy.

Art. 54 measures in case of violation of obligations if a management company does not meet its obligations, the supervisory authority sets him a suitable deadline to regularize the situation; If the deadline is not met, the supervisory authority takes the necessary measures.
When a management company does not comply with its decisions, the supervisory authority may, after warning, limit the scope of the authorisation or withdraw.
The supervisory authority may publish at the expense of the management company of its decisions that went in force.

Section 2 monitoring rates art. 55 Federal Arbitration Board for the management of copyright and neighbouring rights the Federal Arbitration Board for the management of copyright and neighboring rights (Arbitration Board) is competent to approve the rates of management companies (art. 46).
The federal Council appoints its members. It regulates the Organization and the procedure before the Arbitration Board in accordance with the principles of the Federal Act of 20 December 1968 on administrative procedure.
For its decisions, the Arbitration Committee does consider no statement; the staff of the secretariat is subordinated to this activity to the president of the commission.

RS 172.021 art. 56 composition of the arbitration board the Arbitration Board includes a Chairman, two assessors, two alternates and other members.
The other members are proposed by the collectives and representative associations of users of works and services.

Art. 57 composition required for the arbitration decision the Commission sits on five members: the Chairman, two assessors and two other members.
For each case, the president selects members based on their knowledge of the area concerned. He appoints one of the members appointed on the proposal of the management companies and other members nominated by the associations of users.
For members chosen because of their knowledge in the field concerned, the fact of belonging to a management company or to an association of users is not only a reason for recusal.

Art. 58 administrative supervision of the federal Department of justice and police is the authority of administrative supervision of the Arbitration Board.
The Arbitration Committee address each year to the Department a report on its activities.

Art. 59 approval of rates the arbitral Commission approves the tariff which is submitted if it is equitable in its structure and in each of its clauses.
It can make changes to the tariff after having heard the management company and users ' associations (art. 46, para. 2) which are parties to the proceedings.
When they came into force, tariffs are binding on the judge.

Art. 60 principle of equity compensation must be calculated according to the following criteria: a. revenue obtained by the user through the use of the work, performance, phonogram or videogram or the show or, in default, costs occasioned by use; (b) number and type of work, benefits, phonograms or videograms or of emissions used; c. relationship between the works benefits, phonograms or videograms or broadcasts protected and works, benefits, phonograms or videograms or broadcasts unprotected.

The compensation amounts generally within 10% of the proceeds from or cost utilization for the rights to a maximum of 3 percent for neighboring rights; the compensation must be fixed so that rational management gives rights holders fair compensation.
The use of the work within the meaning of art. 19, al. 1, let. b, is subject to special rates.

Title 5 remedies Chapter 1 Actions civil art. 61 action in finding


Has standing to bring an action for recognition of a right or a legal relationship provided for in this Act any person who shows that she has an interest legitimate to such a finding.

Art. 62 action for specific performance of a service person who suffers or may suffer a violation of his right of copyright or a related right may apply to the judge: a. to prohibit it, if it is imminent; b. to stop, if it still lasts; c. to require the defendant indicate the origin and quantity of objects made or put into circulation of unlawfully who are in possession , and recipients and the amount of objects that have been given to commercial buyers.

A copyright or a related right is threatened within the meaning of para. 1 including when an act referred to in art. 39, art. 1 and 3, and 39, al. 1 and 3, is committed.
Are reserved actions under the code of obligations which tend to the payment of damages, compensation for moral harm as well as delivery of the gain according to the provisions on business administration.
The person who has an exclusive license may itself bring the action as long as only the excluded license agreement not explicitly. All licensees may join infringement proceedings in order to assert their own damage.

New content according to Chapter 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
Introduced by art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).
RS 220 introduced by section 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 63 confiscation of copies the judge may order confiscation with the realization or the destruction of artefacts illegally, or instruments, equipment and other means intended primarily for their manufacture.
Are excepted already realized architectural works.

New content according to Chapter 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 64 repealed by no II 9 of annex 1 to the CPC on Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 65Mesures interim any person requesting interim measures may in particular require the judge that he ordered them in one of the following: a. ensure the preservation of evidence; b. determine the provenance of the objects produced or put into circulation in an illicit way; c. preserve the State indeed; d. ensure provisionally prevention or cessation of the disorder.

New content according to section II 9 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 66 publication of the judgment at the request of the party who has been successful, the judge may order the publication of the judgment at the expense of the opposing party. It determines the mode and scope of the publication.

Art. 66aCommunication of judgments the courts provide free IPI enforceable judgements in their entirety.

Introduced by section 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Chapter 2 provisions criminal art. 67Violation of copyright on complaint of the aggrieved, is punished with deprivation of liberty of one year to the more or a monetary penalty anyone, intentionally and without right: a. uses a work under a name different from that decided by the author or false; b. disclose a work; c. alters a work; d. uses a work to create a derivative work; e. manufactures copies of a work by any process; f. offers to the public , alienates or, in any other way, puts into circulation of copies of a work; g. recites, represents or executes a work, directly or by any process or do see or hear in a place other than where it is presented; g puts a work available, by any means whatsoever, in such a way that any person may access them from a place and at a time that she can choose suits her; h. broadcasts a work by radio, television or similar means, or over-the-air, cable or other drivers or transmits it by technical means that exploitation is not the original diffuser body; i. did see or hear a work made available, distributed or retransmitted; k. refuses to declare to the competent authority the source and quantity of objects in his possession produced or put into circulation illicitly and to designate the recipients and the amount of objects who have been handed over to commercial; l. buyers rent software.

If the author of an offence within the meaning of para. 1 is by profession, he continued in office. The punishment is a custodial sentence of more than five years or a fine. In the case of a custodial sentence, a penalty is also pronounced.

New content according to Chapter 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
Introduced by art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).
New content according to art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).
New content according to art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).

Art. The source 68Omission, intentionally, fail to mention, in the case where the law (arts. 25 and 28), the source and, if it is referred to it, the author, is, on the complaint of the injured party, punished by the fine.

New content according to Chapter 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 69Violation of rights on complaint of the aggrieved, is punished with deprivation of liberty of one year to the more or a monetary penalty anyone, intentionally and without right: a. broadcasts the performance of an artist interpreter (delivery) by radio, television or similar means, or over-the-air, either by cable or other drivers; b. make phonograms or videograms of a benefit or even recorded it on another data medium; c. offers to the public , alienates or, in any other way, puts into circulation of copies of a delivery; d. rebroadcasts a delivery by technical means that exploitation is not the original broadcast regulator e. did see or hear a benefit provision, distributed or retransmitted; e. uses a delivery under a false name or one name other than the name of artist chosen by the performer; e. makes available a performance a phonogram, a videogram or a program, by any means that it is, in a way that any person may access them from a place and at a time that she can choose suits her; f. reproduces a phonogram or videogram or offers to the public, alienated or in any other way, puts into circulation copies reproduced; g. rebroadcasts a broadcast; h. manufactures phonograms or videograms of a show or even recorded it on another medium of data; i. reproduces a show recorded on a phonogram, videogram or other data media or, in any other way, puts into circulation such as copies; k. refuses to declare to the competent authority the source and quantity of media in its possession made or released illegally on which is recorded a benefit protected under related rights under arts. 33, 36 or 37 and designate the recipients and the amount of objects that have been given to commercial buyers.

If the author of an offence within the meaning of para. 1 is by profession, he continued in office. The punishment is a custodial sentence of more than five years or a fine. In the case of a custodial sentence, a penalty is also pronounced.

New content according to Chapter 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
New content according to art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).
Introduced by art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).
Introduced by art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).
New content according to art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).

Art. 69aViolation of protection of technological measures or information on the rights on the complaint of the injured party regime, is punished with a fine who, intentionally and without right: a. circumvents technical measures within the meaning of art. 39, art. 2, with the intention of making illicit use of works or other objects protected; b. manufactures, matter, offers to the public, alienates or puts into circulation of someone ' another way, rents, says to use, or advertising has for profit of devices, products or components, or offers or provides services:


1. who are promoted, advertised or marketed for circumvention of effective technological measures, 2. who, the circumvention of effective technological measures put in hand, a purpose or limited economic value, 3. which are primarily designed, produced, adapted or made in order to enable or facilitate the circumvention of effective technological measures;

c. removes or alters any electronic information on the rights regime of copyright and neighboring rights within the meaning of art. 39, al. 2; d. reproduced, matter, offers to the public, alienates or puts into circulation of someone ' another way, diffuse, do see or hear or makes available works or other objects protected including the information on the scheme of rights within the meaning of art. 39, al. 2, have been deleted or changed.

If the offender acts by trade, he continued Office. The punishment is a custodial sentence of a year or a fine.
The acts referred to in para. 1, let. c and d, are punishable as if they are committed by a person who knew or, depending on the circumstances, must have known that she was committing, made possible, facilitated or was concealing a violation of a right of copyright or a related right.

Introduced by art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).

Art. Illegal 70Exercice of rights anyone, without required authorization (art. 41), argues for copyright or neighboring rights whose management is placed under federal supervision (art. 40) is punished with a fine.

New content according to Chapter 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 71 offences in the art business. 6 and 7 of the Federal law of March 22, 1974 on administrative criminal law apply to offences committed in the management of a company, by an agent or other bodies.

RS 313.0 art. 72Confiscation of copies once completed, works of architecture cannot be confiscated under art. 69 of the penal code.

New content according to Chapter 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
RS 311.0 art. 73 prosecution prosecution is the responsibility of the cantons.
The offences defined in art. 70 are prosecuted and judged by the Institute in accordance with the Federal law on administrative penal law on March 22, 1974.

RS 313.0 chapter 3Recours to court federal administrative art. 74. the decisions of the authority of monitoring and of the Arbitration Board may be appealed to the federal administrative court.
Appeals against the decisions of the Arbitration Committee have suspensive effect unless ordered by the judge of the federal Administrative Tribunal officio or on request of a party.

Chapter 4 Intervention of the Administration of customs art. 75denonciation of suspected products the Customs Administration is authorized to inform the holders of copyright or neighbouring rights and management companies approved when there is reason to suspect that import, export, or transit of products, including putting into circulation contravene the legislation in force in Switzerland in the field of copyright or neighboring rights are imminent.
In this case, the Customs Administration is empowered to detain the products for three working days in order to allow persons entitled to file an application within the meaning of art. 76, al. 1. new content according to Chapter 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 76 application of intervention when the holder of copyright or neighbouring rights, the licensee with standing or a licensed management company have serious clues leading to suspicion that the import, export or the impending transit of products put into circulation contravene the legislation in force in Switzerland in the field of copyright or neighboring rights they can apply in writing to the Administration of customs to refuse the release of these products.
The applicant will provide to the Customs Administration all the information it needs to decide on his request. He will give him such a precise description of the products.
The Customs Administration decides on the request. It can collect a fee to cover administrative costs.

New content according to Chapter 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
New content according to Chapter 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 77retention of products when, following a request for intervention within the meaning of art. 76, al. 1, the Customs Administration has reasons to suspect that the import, export or transit of products contravene the legislation in force in Switzerland in the field of copyright or neighboring rights, it shall inform the applicant, one hand, and the declarant, the possessor or the owner of the goods, on the other hand.
To enable the applicant to obtain provisional measures, she holds products during 10 working days at most as from the time of the information within the meaning of para. 1. If the circumstances warrant, it may withhold the goods concerned for an additional period of 10 working days at most.

New content according to Chapter 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 77aEchantillons on request, the Customs Administration shall, for the duration of the retention of the products, deliver or send to the applicant for review samples or let him examine on-site product.
The applicant bears the costs related to collection and sending of the samples.
Once the samples examined, these must be returned, as far as this is justified. If samples remain with the applicant, they are subject to the provisions of the customs legislation.

Introduced by section 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 77bProtection the secrets of manufacturing or business at the same time as the communication referred to in art. 77, al. 1, the Customs Administration informs the declarant, the possessor or owner of the products of the possibility, provided for in art. 77, art. 1 to deliver samples to the applicant or to let him examine on-site product.
The declarant, the holder or the owner of products may ask to attend the review in order to protect his manufacturing or business secrets.
On reasoned request of the declarant, the possessor or owner of the goods, the Customs Administration may refuse delivery of samples.

Introduced by section 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 77cDemande destruction of products when filing an application within the meaning of art. 76, al. 1, the applicant may request-der in writing to the Customs Administration the destruction of the products.
When a request for destruction is filed, the Customs Administration shall inform the declarant, holder or owner of the products as part of the information referred to in art. 77, al. 1. demand destruction does not give rise to an extension of the time limits provided for in art. 77, al. 2 and 3 for obtaining interim measures.

Introduced by section 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 77dApprobation the destruction of products requires approval of the declarant, holder or owner.
The approval is deemed to be acquired when the declarant, the possessor or owner of the goods is opposed not expressly to their destruction deadlines prescribed in art. 77, al. 2 and 3.

Introduced by section 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 77eMoyens of evidence before the destruction of the products, the Customs Administration takes samples and keep them as evidence for possible action for damages.

Introduced by section 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 77fDommages-interests if the destruction of products turns out to be unfounded, the applicant responds only damage resulting.
If the declarant, holder or the owner of the products gives his approval in writing to their destruction and that it turns later unfounded, the applicant may be required to pay damages.

Introduced by section 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 77gcouts the applicant bear the costs related to the destruction of the products.
The question of the costs of the removal and conservation of samples within the meaning of art. 77th is decided by the judge in assessing damages referred to in art. 77F, al. 1. introduced by section 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 77hdeclaration of liability and damages


If the retention of the product risk to cause damage, the Customs Administration may her subordinate to the condition that the applicant provide a statement of responsibility. If the circumstances warrant, it may, instead, require the applicant to provide adequate securities.
The applicant is required to repair the damage caused by the retention of products and samples if interim measures have not been ordered or if they are proved to be unfounded.

Introduced by section 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Title 6 final provisions Chapter 1 Execution and repeal of the law art. 78 enforcement provisions the federal Council enacts implementing provisions.

Art. 79 repeal of federal laws are repealed: a. the Federal law of December 7, 1922 on the copyright in literary and artistic works; (b) the Federal law of September 25, 1940, for the collection of royalties.

[RS 2 807; RO 1955 877] [RS 2 824] Chapter 2 provisions transitional art. 80 items protected under the empire of the old law this law also applies to the works, phonograms, videograms as well as emissions created before its entry into force.
When the use of a work, of a performance, phonograms, videograms, or a show, which is lawful under the empire of the former Act, is prohibited by the present, it may be completed, as long as she has been taken prior to the entry into force of the new law.

Art. 81 existing contracts contracts concerning copyright or neighboring rights concluded prior to the entry into force of this Act continues to have effect according to the rules of the prior right. It is similarly the provision acts passed on the basis of these contracts.
Unless stated otherwise, these contracts do not apply to rights established by this Act.

Art. 81aqualite standing of the art licensees. 62, al. 3-65, al. 5, are applicable to the license agreements concluded or confirmed after the entry into force of the amendment on June 22, 2007, of this Act.

Introduced by section 1 of the annex to the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 82 permission to manage copyright copyright management companies authorized to operate under the Federal law of September 25, 1940, on the perception of copyright must request a new authorization (art. 41) in the six months following the entry into force of this Act.

[RS 2 824]

Art. 83 rates management for the benefit of a concession companies approved under the old law remained in force until the expiry of their term of validity.
Payments to the senses of the art. 13, 20 and 35 are due upon entry into force of this Act; It is possible to assert upon acceptance of the corresponding price.

Chapter 3 Referendum and entry into force art. 84. this Act is subject to optional referendum.
The federal Council shall determine the date of entry into force.

Date of entry into force: 1 July 1993 art. 74, al. 1: January 1, 1994 or 1993 1798 * terms for individuals apply to women and men.
New content according to chapter I of the Federal Act of 5 October. 2007, in force since July 1. 2008 (2008 2421 RO; FF 2006 3263).
[RS 1-3]. In the disp. mentioned are currently the art. 95, 122 and 123 of the Constitution of 18 April 1999 (RS 101).
New content according to section 9 of the annex to the Federal Act of 24 March 2000 on the fors, in force since Jan. 1. 2001 (RO 2000-2355; FF 1999 2591).
FF 1989 III 465 introduced by art. 2 of the AF of the Oct. 5. 2007, in force since July 1. 2008 (2008 2497 RO; FF 2006 3263).
New content according to section 19 of the annex to the Federal Act of 17 June 2005 on the TAF, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).
April 26, 1993 State on January 1, 2011 ACF