Extension of the term of protection in the Principality of Liechtenstein

Accompanying measures

The term of protection for owners or neighbouring rightsneighbouring rights
Also referred to as related rights, these are the rights for performing artists...
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on musical compositions with lyrics was extended on 01 September 2014 from 50 to 70 years. The legislative adaptation only applies to and exclusively in relation to the Principality of Liechtenstein (FL). Switzerland has not adapted its copyright act; the protection term for neighbouring rightsneighbouring rights
Also referred to as related rights, these are the rights for performing artists...
» more
applicable is still 50 years.

 

In line with the extension of the protection term, some accompanying measures were put in place. They also only apply in relation to the Principality of Liechtenstein.

"use it or lose it" – clause (Art. 37 para. 5 CopA -FL)

Should a producer of sound recordings not provide a recording in the form of a media carrier or download 50 years after the legitimate publication (and/or legitimate public performance) of the sound recording, the performing artists shall have the option to terminate their contract with the producer. A prerequisite for the validity of such a termination is that the producer does not execute one of the two requested ways of exploitation (publication of a sound recording or online-publication) within a year of the artist giving him notice of termination.

 

In order to establish this claim, performing artists must get in touch with their producer of sound recordings directly!

"clean slate" – clause (Art. 41a para. 5 CopA -FL)

Performing artists who had an agreement with the producer of sound recordings on recurring payments (usually a share per sound recording sold) should be given the opportunity to have a fresh start in the year after the 50th year following the legitimate publication (and/or public performance) of the sound recording. In other words: producers of sound recordings must pay the remuneration they owe to the performing artist until the extended term of protection expires without any previously agreed deductions or advance payments.

 

In order to establish this claim, performing artists must get in touch with their producer of sound recordings directly!

Additional annual remuneration (Art. 41a para. 1-4 CopA-FL)

Performing artists who were remunerated for the contribution to a sound recording with a one-off lump sum shall - following the 50th year of the legitimate publication and/or legitimate public performance of the sound recording -  be entitled to receive an additional (annual) remuneration until the extended term of protection expires.

 

In order to establish this claim, performing artists must get in touch with SWISSPERFORM!

 

The following prerequisites must be fulfilled in their entirety in order to qualify for such an entitlement:

  • The recording must have been legitimately published and/or publicly performed after 01 January 1964, but at least 50 years ago, and it is still available on commercially released sound recordings or online.
  • The recording has a unique relation to Liechtenstein (e.g. producer of the sound recording has a claim on payments due to usages in Liechtenstein).
  • You have contributed to the recording as a performing artist.
  • Your contribution as an artist has been remunerated with a one-off lump sum (i.e. no recurring payments e.g. for each sound recording sold).

 

If all of the above requirements are fulfilled, please contact us and provide us with the following details:

  • Information on the performing artist(s) involved
  • Title register of the recording(s) in question
  • Information on the sound recording (producer, catalogue number etc.) and/or the online publication
  • Copy of the contract between the performing artist and the producer of sound recordings

 

Please send your information to:

SWISSPERFORM

Florina Drexel

Kasernenstrasse 23

8004 Zürich

E-mail

 

We are happy to provide you with further information upon request: Phone: 044 269 70 50.

SWISSPERFORM
Kasernenstrasse 23
CH-8004 Zürich
T +41 (0)44 269 70 50
F +41 (0)44 269 70 60
E-mail

 

Antenne Romande
David Johnson
Av. du Grammont 11bis
1007 Lausanne
T +41 (0)32 724 31 25
E-mail