Legal areas
SSA is active in the fields of exclusive rights and rights subject to mandatory collective managementPursuant to copyright law, the following rights are subject to mandatory management by a collective management organisation: retransmission, private copy, public reception, reprography, rental, educational use, usage including reproduction/copying for internal information/documentation purposes at the workplace. These are areas of usage where the legislator assumes that it is sensible or in fact possible at all that individual authors pursue the.... In particular, the provisions of the Swiss Federal Act on Copyright and Related Rights (Copyright Act, CopASwiss Federal Act on Copyright and Related Rights (Copyright Law)) are applicable.
Exclusive rights are rights freely held by authors who may, but are not obliged to, assign them to a collecting society such as SSA for voluntary collective managementAdministration of authors' exclusive rights by a collective management organisation. A collective management organisation shall - once said rights have been assigned to it voluntarily - collectively manage them on the basis of the modalities defined by its members., while rights subject to mandatory collective managementPursuant to copyright law, the following rights are subject to mandatory management by a collective management organisation: retransmission, private copy, public reception, reprography, rental, educational use, usage including reproduction/copying for internal information/documentation purposes at the workplace. These are areas of usage where the legislator assumes that it is sensible or in fact possible at all that individual authors pursue the... must, in any case, be administered by a collecting society pursuant to the law.
In Switzerland, the situation may thus be summarised for the most important usages as follows:
Exclusive rights
Broadcasting rightsThe right to authorise the terrestrial, satellite or internet transmission of a work via a broadcaster (radio, TV).: Broadcasts of protected works on radio and TV.
Performing rights: Performances of dramatic, dramatico-musical and choreographic works in theatres and performance venues of any kind.
Reproduction rights: Production of audio and audiovisual recordings (CD, DVD, Blu-ray)
Rights subject to mandatory collective managementPursuant to copyright law, the following rights are subject to mandatory management by a collective management organisation: retransmission, private copy, public reception, reprography, rental, educational use, usage including reproduction/copying for internal information/documentation purposes at the workplace. These are areas of usage where the legislator assumes that it is sensible or in fact possible at all that individual authors pursue the...
Retransmission rights: Simultaneous, complete and unaltered retransmissionSimultaneous, integral and unaltered transmission of a radio or TV broadcast via cable network (or retransmission facility) via an entity other than the original broadcaster. Retransmission rights are subject to mandatory collective management. of broadcasts via cable networks or via IP-based networks on mobile devices and PC monitors.
Public reception rights: Reception of radio and TV broadcasts in public places.
Private copying rights: Production and import of blank CDs, DVDs, built-in digital storage media; providing copies and built-in memory in connection with the distribution of television programmes (set-top-boxes, vPVR).
Rental rights: Rental of copies of works.
Reprography: The right to make photocopies.
Use in schools: use of works by teachers and their pupils for educational purposes.
Internal usage: In-house usage of works in companies, public offices, institutions, committees and other similar establishments for internal information and documentation.
The making available right
Making a workIntellectual property creation in literature and art (as well as computer programmes) exhibiting an individual and therefore unique character. Said individual character is the prerequisite that a work can be protected. available in such a way that everyone can access it from a place and at a time individually chosen by them is an exclusive rightCopyright is an exclusive right granting its owner complete power over his/her work, effective vis-a-vis anyone. The author has the exclusive right to decide when and how his/her work shall be used. Said right extends in particular to the reproduction, translation, adaptation, performance, distribution, sale, broadcast, making available and retransmission of the work. The enumeration in the law is not.... Since 1 April 2020, authors have an inalienable right to remunerationRight to receive remuneration compensating the statutory limitation of exclusive rights. This applies particularly to mandatory collective management. for the making available of their audiovisual works. It is subject to mandatory collective managementPursuant to copyright law, the following rights are subject to mandatory management by a collective management organisation: retransmission, private copy, public reception, reprography, rental, educational use, usage including reproduction/copying for internal information/documentation purposes at the workplace. These are areas of usage where the legislator assumes that it is sensible or in fact possible at all that individual authors pursue the... and can only be exercised by an authorised management society. The application of this remuneration right is subject to certain conditions and it replaces the remuneration of the authorNatural person creating a work for the use authorised by contract. Video-on-demand is therefore subject to two different and complementary rights systems. SSA manages the remuneration right and, for areas not covered by the new legal provisions, it manages the exclusive rightCopyright is an exclusive right granting its owner complete power over his/her work, effective vis-a-vis anyone. The author has the exclusive right to decide when and how his/her work shall be used. Said right extends in particular to the reproduction, translation, adaptation, performance, distribution, sale, broadcast, making available and retransmission of the work. The enumeration in the law is not... of making available on a contractual basis for works in its repertoireEntirety of works of a certain administration category.