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On 26 November 2008, the Swiss Federal Council referred to the Parliament the additional message on Switzerland’s participation in the European Union’s MEDIA Programme. The Swiss Confederation and the EU had signed an agreement on 11 October 2007 enabling Switzerland to continue to participate in the MEDIA Programme. In exchange for this agreement, however, the EU had demanded that Switzerland fully incorporate into its national legislation the country of origin principle arising from the Community’s “Audiovisual Media Services” Directive (AVMSD). This requirement would mean that it would no longer...

The aim of the partial revision of the national legislation on copyright and neighbouring rights (LDA) which came into force on 1 July 2008 is to adapt copyright to the new communication and digital transmission technologies, and more particularly to reinforce the fight against piracy (see IRIS 2006-5: 9). By making it easier to produce and circulate copies, the digital environment increases the vulnerability of works protected by copyright. These new arrangements transpose into Swiss law the requirements of the Performances and Phonograms Treaty (PPT) of the World Intellectual Property Organisation...

The Swiss radio and television broadcasting company “SRG SSR idée Suisse” (SSR) and the six associations in Switzerland’s cinematographic and audiovisual sector that are partners in the Audiovisual Pact have renewed their cooperation agreement for a further three years (2009 to 2011). The Audiovisual Pact represents in concrete form the statutory obligation incumbent on the SSR to support Swiss independent production; its aim is to reinforce collaboration between the SSR and the audiovisual industry in Switzerland (see IRIS 2005-8: 10). Under this system, the SSR has invested almost 200 million...

In a decision delivered on 26 September 2007, the Swiss Federal Supreme Court confirmed that the sale or rental of films at the same time as they were being shown in cinema theatres constitutes unlawful exercise of the originator's right of representation. The decision is based on paragraph 1bis of Article 12 of the Federal Act on copyright and neighbouring rights (LDA). This provision, which protects the principle of "cascade" exploitation of cinema films, prohibits offering a new film on DVD before or during its first screening in a cinema theatre (see IRIS 2004-7: 6). The dispute was between...

In the context of the revision of the Federal Act on copyright and neighbouring rights of 9 October 1992 (LDA), the Federal Parliament approved, in October 2007, an extension of the scope of compulsory collective management on behalf of distribution bodies. These provisions should enter into force on 1 July 2008. The new Article 22a LDA settles the use of archive productions belonging to distributors. According to this provision, the right to distribute such productions, or to make them available on demand, can only be exercised by the approved management companies. An “archive production” is a...