Copyright in Switzerland
Copyright is the legal protection granted to creators of literary, artistic, scientific and computer works. In Switzerland, it is governed by the Federal Act on Copyright and Neighbouring Rights (CRA) of 9 October 1992, regularly revised. Protection is automatic, without any registration formality. SUISA, ProLitteris, SUISSIMAGE and other collective management societies collectively administer certain rights. PBM Avocats defends creators and users of works in Geneva and Lausanne.
Works Protected by the CRA
| Category of work | Examples | Special conditions |
|---|---|---|
| Literary works | Novels, articles, speeches, scientific texts | Individual expression required |
| Musical works | Compositions, lyrics, arrangements | Administered by SUISA |
| Artistic works | Paintings, sculptures, artistic photographs | Individual creative character |
| Audiovisual works | Films, series, documentaries, video clips | Administered by SUISSIMAGE |
| Computer programs | Software, applications, source code | Protected without high originality required |
| Databases | Original data collections in their selection | Originality in selection or arrangement |
The Author's Rights
The CRA distinguishes two categories of rights:
Moral rights (inalienable):
- Right of authorship: to be recognised as the author of the work
- Right of integrity: to object to modifications that alter the work
- Right of disclosure: to decide if and when the work is made public
Economic rights (assignable):
- Right of reproduction: to authorise or prohibit any reproduction of the work
- Right of distribution: to distribute copies of the work
- Right of communication to the public: public performance, online broadcast
- Right of translation and adaptation: to authorise translation or transformation of the work
- Right of rental: to rent copies of the work
Neighbouring Rights
The CRA also protects the rights of persons who contribute to the dissemination of works without being their authors:
- Performers: musicians, actors, singers have rights over their performances (70 years)
- Phonogram producers: record labels (70 years from publication)
- Producers of audiovisual works: film producers
- Broadcasting organisations: rights over their broadcasts
Copyright Violations: Civil and Criminal Actions
- Civil action for cessation (art. 62 CRA): stopping the violation and preventing any recurrence
- Action for damages (art. 62 CRA): compensation for the harm suffered
- Action for surrender of profits: restitution of profits made by the infringer
- Urgent provisional measures: blocking distribution of the infringing work, seizure
- Criminal action (art. 67 CRA): for intentional violations, custodial sentence of up to 3 years or substantial fine
Are works automatically protected by copyright in Switzerland?
Yes. In Switzerland, copyright arises automatically upon creation of the work, without any registration formality or prior filing. No © symbol is legally required (although it is useful to indicate protection). Protection is acquired as soon as the work meets the legal conditions: individual intellectual character and originality.
How long does copyright protection last in Switzerland?
The duration of protection is 70 years after the death of the author (post mortem auctoris). For photographic works and computer programs, the duration is also 70 years. For neighbouring rights (performers, phonogram producers), the duration is 70 years from the performance or publication. After expiry, the work enters the public domain.
Can one freely use a copyrighted work for private purposes?
Yes, within certain limits. Private use is authorised for personal or family purposes (art. 19 CRA). This includes personal-use copying of a legally acquired work. Use for commercial purposes, mass digital reproduction, or making available on the Internet exceeds private use and requires authorisation or payment of royalties to collective management societies (SUISA, ProLitteris, etc.).
Can SUISA claim royalties from my establishment?
Yes. SUISA is the collective management society for the authors' rights of music composers, authors and publishers. Any establishment that plays music in public (restaurant, café, shop, hotel, nightclub) must pay royalties to SUISA. The tariffs are published and based on the floor area of the premises, the type of use and the turnover. Non-payment may result in civil and criminal proceedings.
How to act if my work is used without authorisation on the Internet?
You can: (1) send a takedown notice to the platform hosting the illicit content according to DMCA or equivalent procedures; (2) send a formal notice to the unauthorised user; (3) bring civil action for copyright infringement (cessation, damages); (4) file a criminal complaint for intentional copyright violation (art. 67 CRA).