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Federal Council publishes report on resale rights

The introduction of a resale right would allow visual artists to receive a share of the proceeds from the resale of their works through art dealers. The Federal Council today adopted a report on this subject, which fulfils a postulate from Council of States member Luginbühl. The report presents various possibilities for the resale right and analyses the economic impact of its introduction.

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New advance in collective rights management for copyrights

The interpellation Quadri 12.3396 - Der Auftrag der Suisa an die Yacast schadet der schweizerischen Musikproduktion (‘Suisa’s contract to Yacast damages Swiss music production’) was submitted during the Spring session 2014. It involves the automatic reporting of works of music played in clubs and discos.

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Modernisation of copyright

The Federal Council treated the AGUR12 recommendations on June 6, 2014 and mandated the FDJP to prepare a draft bill for public consultation by the end of 2015. The following parliamentary interventions will have to be taken into consideration: the Fluri Motion 13.3583 - Compensation for authors (in German, French and Italian) and the CEAT-N Motion 14.3293 – Blank media (in German, French and Italian) as well as the parliamentary initiative 13.404 – Stop to the unfair levy on blank media (in German, French and Italian).

The Luginbühl postulate 13.4083 – Resale right for Swiss artists (in German, French and Italian) will be treated in a separate report.

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Procedural requests for the enforcement of copyright

Several procedural requests are currently dealing with the enforcement of copyright simultaneously: the Fluri Postulate 12.4238 - Economic damage caused by illegal offers on the internet, which requests a report from the Federal Council on the extent of the damage incurred from the use of unlicensed offers, the Freysinger Motion 12.3834 - Copyright protection, which calls for an approach on the continuous protection of copyright by the Federal Council, as well as the Fluri Interpellation 12.3902 - Switzerland as a refuge for illegal offers, which calls for an assessment by the Federal Council on the causes, effects and possible measures concerning breaches of copyright.

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Procedural requests for the collective management of copyright

Three procedural requests, which deal with questions concerning the collective management of copyright, were submitted during the 2012 spring session: the Recordon Postulate 12.3326 - For copyright which is fair and compatible with the freedom of the internet community, the Glättli Postulate 12.3173 - Appropriate remuneration for creative artists while ensuring the privacy of internet users and the Mörgeli Interpellation 12.3092 - Collective management of copyright. The  Federal Council's opinion on the Glättli Postulate, its response to the Mörgeli Interpellation as well as the verbatim report on the Recordon Postulate can be found at the relevant links above (in German, French or Italian). Parliament accepted both postulates.

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No change in the system for obtaining data to determine remuneration for photocopying

Preparations for the implementation of the Stadler Motion 08.3589 - Copyright remuneration for authors instead of for legal proceedings (in German, French and Italian) showed that, contrary to expectations, the aim of the motion - a more efficient implementation of the entitlement to remuneration for photocopying – cannot be put into effect in the way proposed by the  author of the motion. The Federal Council has therefore decided to request the abandonment of the motion.

Report in German, French and Italian (pdf 115 KB).

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Copyright infringements on the internet: existing legal framework is sufficient

On 30 November 2011, the Swiss Federal Council adopted the report regarding the Savary postulate, "Does Switzerland need a law against the illegal downloading of music?" (in German, French and Italian). Technological developments have fundamentally changed user behaviour. This leads to understandable insecurity but does not endanger Switzerland's cultural landscape. Legislative intervention at this point in time is neither required nor sensible.

  • Press release (pdf 40 KB)
  • Report of the Swiss Federal Council on unlawful internet uses of works in reply to the Savary postulate 10.3263 (in German, pdf 331 KB, French, pdf 335 KB, or Italian, pdf 398 KB)

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Barrier-free access to books

Mr. Luc Recordon, MP, asked the Federal Council by way of Interpellation of 1 June 2001 to communicate Switzerland’s position at the session of the WIPO committee in June 2011. Mr. Recordon is especially interested in the opinion of the Federal Council on exceptions and limitations for a barrier-free access to books by people with visual impairments
11.3491 – WIPO Treaty proposal. Improved access to book for people with visual impairments (in German, French and Italian)

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Reduction of copyright fees for school use

Mr NR Gerhard Pfister submitted a motion on 16 June 2010, which aims at a change to the Copyright Act. The existing reduced tariffs for school use should be specified and a reduced rate of 65% adopted in the Copyright Act.

10.3612 - Relieve education. Change to the Copyright Act (in German, French and Italian)

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Extent of the use of unlicensed offers over the internet

On 10 June 2010, the Council of States mandated the Federal Council to compile a study investigating the extent of the use of unlicensed music offers and to show possible courses of action.
10.3263 – Does Switzerland need a law against the illegal downloading of music? (in German, French and Italian)

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Improvements regarding the remuneration for the use of copyright

A corresponding motion by Mr CS Hansruedi Stadler under the title "Copyright renumeration for authors instead of for legal proceedings" was accepted by Parliament on 17 December 2008 (CS) and  on 17 December 2008 (NC). The IPI has now been entrused with the implementation of the motion and it is expected that a preliminary draft will go into consultation at the beginning of January 2011.

08.3589 – Copyright remuneration for authors instead of for legal proceedings (German, French or Italian)

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Amended Copyright Act and Ordinance to go into effect

The amended Copyright Act (German: AS 2008 2421 (pdf 484 KB) und 2497 (pdf 483 KB), French: RO 2008 2421 (pdf 477 KB) et 2497 (pdf 478 KB), Italian: RU 2008 2421 (pdf 471 KB) e 2497 (pdf 481 KB)) and adapted Copyright Ordinance go into effect on 1 July 2008. See the press release in German (pdf 27 KB), French (pdf 27 KB) or Italian (pdf 25 KB). Based on the response to the Copyright Ordinance by interested parties, the Federal Council has decided to appoint an independent observer to the special office for technological measures. The position will include a secretariat which will be located at the Institute. The consultation indicated that the special office should be set up by the Institute, but not necessarily managed by it. Appointing an experienced observer to lead the special office guarantees a certain independence which can only be an advantage in fulfilling its role as arbitrator between those who make use of technological measures and those who use copyright protection.

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The adaptation of the Ordinance on Copyright and Neighbouring Rights

The entry into force of the Federal decision on the approval of two treaties of the World Intellectual Property Organization and of the revised Copyright Act is scheduled for 1 July 2008. This partial revision requires an adaptation of the Copyright Ordinance. The Swiss Federal Institute for Intellectual Property organised a hearing with a deadline which ended on 31 January 2008 (Result of the hearing in French and German, report of the hearing in German, pdf 38 KB or French, pdf 40 KB).

Documentation for downloading:

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Parliamentary debate on the Federal Council Dispatch of 10 March 2006

Information on the current status of the parliamentary debate on the revision of the Federal Copyright Act can be found in the Database of the Swiss Parliament.

At the end of the autumn session and the legislative period, the federal parliament conducted on Friday, 5 October 2007 its final votes on 24 bills. Hereby, the Federal decision on the approval of two treaties of the World Intellectual Property Organization and on the revision of the Copyright Act with 194 to 2 votes and no abstentions (National Council) and 43 to 0 votes with no abstentions (Council of States) and the Revision of the Federal Act on Copyright and Neighbouring Rights was approved with 191 to 5 votes and no abstentions (National Council) and 43 to 0 votes with no abstentions (Council of States).
Bills put up for final vote for downloading:

  • Federal decision on the approval of two treaties of the World Intellectual Property Organization and on the revision of the Copyright Act (in German, pdf 36 KB, French, pdf 36 KB or Italian, pdf 36 KB)
  • Revision of the Federal Act on Copyright and Neighbouring Rights (in German, pdf 28 KB, French, pdf 40 KB or Italian, pdf 28 KB)


On 27 September 2007, the Council of States followed the recommendations of its Committee for Legal Affairs and approved the National Council's amendments. This resolved the few differences which had arisen during the parliamentary debate. Bill 1 contained new limitations to copyright for the benefit of today’s information society and was supplemented with additional limitations. Bill 2, by contrast, contained the potentially most contentious issue of regulating the protection of technological measures but was approved practically unchanged.

In its meeting of 24 September 2007, the National Council continued its detailed consultation. It pursued the line taken in the previous meeting. Neither the proposals of the consumers, aiming at lowering the protection of technological measures, nor those of the producers, insisting on an increased level of protection of technological measures, were successful. Two proposals targeted at a tightening of the control of equitableness of tariffs (Art. 60 CopA) were also without a chance.

On 17 September 2007, the National Council started the detailed consultation on the revision. With the exception of a difference in favour of broadcasting organisations, the Council so far followed the Federal Council and the Council of States.

The Committee for Legal Affairs of the National Council held the detailed consultation on the revision of the Federal Copyright Act at their meeting on 31 May 2007.

The Committee for Legal Affairs of the National Council agreed to start the debate on the revision of the Federal Copyright Act on 10 May 2007 (press release in German and French).

19.12.2006. The Council of States, in its role as the foremost legislative body, gave its approval to amend the legislative message to ratify two World Intellectual Property Organization (WIPO) treaties and the partial revision of the Copyright Act. It adhered to the majority of the Committee for Legal Affairs in all points and subsequently followed the Federal Council with few exceptions. (Debates; dossiers in German, pdf 54 KB and French, pdf 51 KB).

The Committee for Legal Affairs of the Council of States ended the detailed consultation at their meeting on 13 November 2006. The draft is expected to be debated by the Council of States in the Winter 2006 session (press release in German and French).

The Committee for Legal Affairs of the Council of States began the detailed consultation at their meeting of 17 October 2006 (press release in German).

The Committee for Legal Affairs of the Council of States held a hearing on 12 September 2006 (press release in German and French).

The Committee for Legal Affairs of the Council of States unanimously agreed to start the debate on the revision of the Federal Copyright Act on 23 August 2006 (press release in German and French).

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Approval of the Dispatch

At its 10 March 2006 session, the Federal Council approved the dispatch to ratify two World Intellectual Property Organization (WIPO) treaties and the partial revision of the Copyright Act. The revision aims at guaranteeing a well-balanced protection for creative works while, at the same time, meeting the requirements of the information society. Press release (in German, pdf 19 KB, French, pdf 19 KB or Italian, pdf 19 KB).

Documentation for downloading:

  • Dispatch (in German, pdf 621 KB, French, pdf 622 KB or Italian, pdf 618 KB)
  • Federal decree on the approval of two treaties of the World Intellectual Property Organization and on the revision of the Copyright Act (in German, pdf 481 KB, French, pdf 475 KB or Italian, pdf 479 KB)
  • Revision of the Federal Act on Copyright and Neighbouring Rights (in German, pdf 471 KB, French, pdf 462 KB or Italian, pdf 462 KB)
  • WIPO-Internet-Treaties (WCT, in German, pdf 484 KB, French, pdf 479 KB or Italian, pdf 477 KB / WPPT in German, pdf 493 KB, French, pdf 488 KB or Italian, pdf 486 KB)

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Consultation on the Copyright Act Revision

At its session June 10, 2005 the Federal Council has mandated the Federal Department of Justice and Police to prepare a draft for a revised Copyright Act by early 2006. The draft shall adapt the protection of literary and artistic creations as well as of performances and related commercial and organisational services to the challenges of digital technologies and enable Switzerland to ratify the so-called WIPO Internet Treaties.
See the press release (in German, pdf 47 KB, French, pdf 48 KB or Italian, pdf 46 KB); Report (in German, pdf 534 KB, French, pdf 550 KB or Italian, pdf 498 KB) on the results of the consultation.

At its session on 15 September 2004, the Federal Council requested the Federal Department of Justice and Police to carry out a consultation regarding the draft of the Copyright Act revision. The consultation will begin on 1 October 2004 and continue until 31 January 2005. See the press release in German (pdf 83 KB), French (pdf 89 KB) or Italian (pdf 86 KB).

Consultation documentation for downloading:

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Last modified:18.05.2016 08:42

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