Are radio broadcasts protected by copyright

4.2.4 Sending a work

Broadcast right

The author has the right to broadcast the work via radio, television or similar facilities, also via lines (e.g. cable) (Art. 10 Para. 2 lit. d CopA).

The right of the authors to broadcast, however, only applies to broadcasts that are aimed at the public; i.e. to an indefinite number of people for simultaneous reception (cf. Hilty, Copyright, 2011, 154). This must be distinguished from on-demand services, in which a user can individually decide when and where he would like to use the work (e.g. video-on-demand; later viewing of TV programs on the Internet). In this case, the right to access from Article 10 (2) (c) of the URG applies.


Retransmission right

The author has the right to retransmit broadcast works with the help of technical equipment that is not the carrier of the original broadcasting company, in particular via lines (e.g. feed into cable or community antenna systems, Hilty, Copyright, 2011, 155) (Article 10 Par . 2 lit. e URG).

Authors can not only determine whether their work can be broadcast; you can also determine who in turn is allowed to retransmit this program (Müller / Oertli-Pfortmüller, URG, 2nd edition, 2012 Article 10 No. 12).

What is special about the right to retransmission is that authors have the right to decide on retransmission; However, authors cannot enforce this right directly and alone. This is where collective exploitation via the collecting societies comes into play. According to Art. 22 para. 1 CopA, the right to retransmission can only be asserted through collecting societies.


Right to make it public

Authors have the right to make works that have been made accessible, broadcast and retransmitted perceptible (Art. 10 Para. 2 lit. f Copyright Law).

This right covers those cases in which broadcast or retransmitted works are to be brought to the public again separately. This includes, in particular, making on-demand services publicly perceptible (e.g. “streaming” a television program in a restaurant). Another popular example is public viewing. Public viewing is to be understood as a public event in which a copyrighted (television) program is broadcast on a large screen. Public viewing is a matter of making publicly perceptible in accordance with Article 10 (2) (f) of the URG.

The authors are not entitled to enforce their rights directly and solely, but must be asserted through a collecting society (Art. 22 (1) CopA). In the case of public viewing, the collecting society SUISA is responsible for the management of rights. The “Common Tariff 3c 2015 - 2018 Reception of TV programs on large screens“ public viewing ”) defines the conditions for when“ public viewing ”is available and the remuneration for this.

4.2.4-1 Can a broadcasting company that wants to include an external work (not a self-produced one) in its program simply broadcast it?

No, only the author (or the person to whom the copyright has been transferred) is entitled to the right; According to Art. 10 (2) (d) of the Copyright Law, he has the right to broadcast the work via radio, television or similar facilities, including via lines. The broadcasting company must therefore obtain the consent of the originator.