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Introduced when the new Federal Law on cinematographic culture and production (Cinema Act - LCin) entered into force, Article 12 (1 bis) of the Federal Law on copyright and neighbouring rights (Copyright Act LDA) of 9 October 1992 looks like being very short-lived. Indeed, it will have taken the Federal Assembly (Swiss Parliament) less than a year to reverse its position and considerably relax the restrictions imposed by this provision (see IRIS 2002-­8: 14). The current Article 12 (1 bis) of the LDA, which entered into force on 1 August 2002, stipulates that copies of an audiovisual work may...

On 25 June, the SRG (Swiss public service broadcaster) was granted permission by the Bundesrat (Council of Ministers) to launch terrestrial digital television (DVB-T) in Switzerland. Work to set up the digital network will begin in areas with no or inadequate cable provision. The first broadcasters to use the DVB-T network will launch a service in Tessin this summer; in 2004, large areas of French-speaking Switzerland will be able to receive DVB-T signals and a countrywide network should be up and running by 2009. The new licence will enable the SRG to create an initial network transmitting four...

Concluded for the first time in 1996, the Audio-visual Pact has been renewed for a further three years from 1 January 2003. The Audio-visual Pact is an agreement among the Swiss radio and television company SRG SSR idée suisse and six partners in the Swiss cinematographic branch, namely the Association suisse des producteurs de films (Swiss association of film producers ­ SFP), the Association suisse des réalisatrices et réalisateurs de films (Swiss association of film directors ­ ARF), the Groupement suisse du film d'animation (Swiss animated film grouping ­ GSFA), the Association Romande du...

The dispute between Cablecom AG and Teleclub AG (see IRIS 2002-­7: 7), which has been raging for months, has been resolved, at least for the time being. As a result, Cablecom must continue to include Teleclub's digital pay-TV channels in its cable network. This follows a decision taken in March 2003 by the Swiss Rekurskommission für Wettbewerbsfragen (Appeals Commission for Competition-related Questions - Reko/Wef), in which the appeal by Cablecom AG against a temporary, "precautionary" order by the Wettbewerbskommission (Competition Commission - Weko) was finally dismissed as unfounded. Under...

The Bundesamt für Kommunikation (Federal Communications Office - BAKOM) has banned the SRG (Swiss public service broadcasting company) from broadcasting the TV commercial "Jetzt ein Stromausfall" ("And now a power cut") by the Forum Stromversorgung Schweiz (Swiss power supply forum). In the run-up to a referendum on two electricity-related petitions, the BAKOM ruled that the commercial constituted unlawful political advertising. The SRG was ordered to cease showing the commercial and to pay to the State the income it had received for broadcasting it. The commercial shows a man and a woman in a...