The following is a short evaluation of the proposed changes of the swiss copyright revision.
Art. 33 § 1 and 2, Art. 36 and Art. 37
These articles define exclusive rights to the performing artists, the producers of sound or video storage media and the broadcasting corporations. The modifications in these paragraphs are mostly unchanged copies of the EUCD proposal, however, they do contain a subtle difference:
EUCD version
The producer of sound or video storage media has the exclusive right to:
- reproduce the recordings and offer, sell or otherwise distribute reproduced exemplars to the public;
- make the recordings publically available in a way that permits members of the public to access it from locations and times of their choice, using any tool.
Swiss version
The producer of sound or video storage media has the exclusive right to:
- reproduce the recordings and offer, sell or otherwise distribute reproduced exemplars;
- make the recordings available in a way that permits people to access it from locations and times of their choice, using any tool.
This subtle difference ambolishes the right to share the works in a closed circle of friends, which had been previously granted by the traditional european copyright.