Any person who lawfully makes an audio-visual work available in such a way that persons may access it from a place and at a time chosen by them owes remuneration to the performers who participated in a performance contained in the audio-visual work.
No remuneration is owed if:
the performers or their heirs personally exploit the exclusive right; or
the audio-visual work is one of the following:
company profile films, industrial films, advertising or promotional films, computer games, music videos, concert recordings, services or commissioned works by broadcasting organisations or other works in the field of journalism that are created under an employment contract or that are commissioned,
archived works of broadcasting organisations (Art. 22a ),
orphan works (Art. 22b ).
The right to remuneration is inalienable and unwaivable and only the performers are entitled to claim it; it substitutes any remuneration for the contractually agreed use of the performance. It may only be asserted by the approved collective rights management organisations.
Performers only have a right to remuneration for their performances in an audio-visual work which was not produced by a person domiciled or with a registered office in Switzerland, if the country in which the audio-visual work was produced also provides for a collective right to remuneration for performers for making the work available.
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