History

October 9, 1992

The revised Swiss Copyright Act (Federal Act on Copyright and Related RightsRelated Rights
Also referred to as neighbouring rights, these are the rights for performing artists, producers of audio and audiovisual recordings and broadcasters anchored in the Copyright Act.
 
The term "related" is meant to show the close proximity to the copyrights.
 

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, CopA) is adopted. For the first time, rights are established for performing artists, producers of phonograms and audiovisual fixations and broadcastersbroadcasters
This category includes companies broadcasting radio or TV programmes that are subject to an obligation to notify and obtain a licence pursuant to Art. 3 of the Swiss Federal Act on Radio and Television (RTVA).

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.

The Act, which entered into force on 1 July 1993, determines that only one organisations shall be responsible for the collective management of neighbouring rightsneighbouring rights
Also referred to as related rights, these are the rights for performing artists...
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(cf. Art. 42 para. 2 CopA).

February 10, 1993

The Swiss Performers' Association SIG (now known as the Swiss Performers' Cooperative Society), IFPI Switzerland, the Swiss Association for feature and documentary film production (now known as the Swiss Film Producers' Association), the Swiss Association for commissioned film and audiovisual (now known as Swissfilm Association), IFPI Video and the Swiss Radio and TV Broadcasting Corporation (SRG) jointly found SWISSPERFORM in the form of an association to be the collective management organisationcollective management organisation
Collective management organisations administer authors' rights and those of neighbouring right holders under the supervision of the Federal authorities.
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for neighbouring rightsneighbouring rights
Also referred to as related rights, these are the rights for performing artists...
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.

 

The first Board of Directors includes Karl Knobloch (President), André Amsler (Vice President), Ernst Brem, Hans-Joachim Frick, Polo Hofer (represented by Karl Zbinden), Heinz Marti, Marianne Sonder Stauffer, Jack Dimenstein, Ossi Drechsler, Willi Egloff, Wadek Glowacz, Peter Vosseler, Dominique Diserens, Anna Mäder-Garamvölgyi and Jürg Seiberth. The Managing Director is Yvonne Burckhardt.

 

Both individuals holding neighbouring rightsneighbouring rights
Also referred to as related rights, these are the rights for performing artists...
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and associations representing groups of right holdersright holders
Right holders are persons who are entitled to a share of the collected remuneration. The distribution rules distinguish between the following five right holder groups:...
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may become SWISSPERFORM membersmembers
Performers, producers and broadcasters can become members of SWISSPERFORM pursuant to Art. 3 of the Articles of Association (german version).

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. The Association's structure was chosen to grant the right holders' groupsright holders' groups
Right holders are persons who are entitled to a share of the collected remuneration. The distribution rules distinguish between the following five right holder groups:...
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a high degree of internal autonomy.

1994

SWISSPERFORM collects the first tariff-based fees.

October 1996

The distribution rules, established by the Expert Committees are approved by the supervisory authority, the IPI, and in 1997, remuneration is paid out to the right holdersright holders
Right holders are persons who are entitled to a share of the collected remuneration. The distribution rules distinguish between the following five right holder groups:...
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for the very first time.

2004 and 2005

The distribution system for performers is changed from a distribution based on the remuneration (fee) for the production of audio and audiovisual recordings and broadcasts to a usage-based distribution. This leads to a substantial increase in the number of performers being paid.

March 5, 2009

At an extraordinary Delegates' Assembly, a major revision of the Articles of Association prepared by the Board of Directors is approved. In the revised Articles of Association, the membership of associations is abolished, the Board of Directors is increased by two membersmembers
Performers, producers and broadcasters can become members of SWISSPERFORM pursuant to Art. 3 of the Articles of Association (german version).

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and the latter and the Expert Committees are interlinked more closely.

April 1, 2020

The revised Swiss Copyright Act enters into force. The term of protection for related rightsrelated rights
Also referred to as neighbouring rights, these are the rights for performing artists, producers of audio and audiovisual recordings and broadcasters anchored in the Copyright Act.
 
The term "related" is meant to show the close proximity to the copyrights.
 

» more
has been extended from 50 to 70 years. Authors and performers of audiovisual works have been granted an inalienable and unwaivable right to remuneration for on-demand uses. It may only be asserted by the approved collective rights management organisations (Art. 13a and 35a CopA). In addition, the fight against Internet piracy has been enhanced.

 

With the revision, two international agreements have been ratified, on the one hand, the Beijing Treaty on Audiovisual Performances and, on the other hand, the Marrakesh Treaty to Facilitate Access Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.

November 2020

The distribution system for the phonogram producersphonogram producers
This category includes natural persons and legal entities that have the organisational and economic responsibility for authorised productions of phonograms, of which great numbers are intended to be released under a label to the commercial market.

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has been changed into a use-related (according to radio airplay) as well as turnover-related system. The new system enters into force with retroactive effect as per the distribution year 2017. Hence, in the future it is possible to conclude reciprocity agreements with foreign sister societies that provide a reciprocal exchange of remunerations.

 

 

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