Commentaries: Art. 69

On the complaint of the person whose rights have been infringed, any person who wilfully and unlawfully commits any of the following acts is liable to a custodial sentence not exceeding one year or a monetary penalty:¹
1. broadcasts the performance of a work by radio, television or similar means, including by wire;
2. fixes a performance of a work on blank media;
3. offers, transfers or otherwise distributes copies of a performance of a work;
4. retransmits a broadcast performance of a work by means of technical equipment, the operator of which is not the original broadcasting organisation;
5. ² makes a performance of a work made available, a broadcast performance of a work or a retransmitted performance of a work perceptible;
6. ³ uses a performance of a work under a false name or under a name other than the artist name designated by the performer;
7. ⁴ makes a performance of a work, a phonogram or audio-visual fixation or a broadcast available through any kind of medium in such a way that persons may access them from a place and at a time individually chosen by them;
8. reproduces a phonogram or audio-visual fixation and offers, transfers or otherwise distributes the reproductions;
9. retransmits a broadcast;
10. fixes a broadcast on blank media;
11. reproduces a broadcast fixed on blank media or distributes copies of such reproductions;
12. ⁵ refuses to notify the responsible authority concerned of the origin and quantity of the carriers of a performance protected under Articles 33, 36 or 37 in his possession that have been unlawfully manufactured or placed on the market, or to name the recipients and disclose the extent of any distribution to commercial and industrial customers.
Any person who has committed any act mentioned in paragraph 1 for commercial gain shall be prosecutedex officio. The penalty is a custodial sentence not exceeding five years or a monetary penalty. …⁶.⁷

Amended by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497; BB1 2006 3389). ↩
Amended by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497;BBl 2006 3389). ↩
Inserted by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497;BBl 2006 3389). ↩
Inserted by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497;BBl 2006 3389). ↩
Amended by Annex No 1 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551;BBl 2006 1). ↩
Third sentence repealed by No I 4 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259;BBl 2018 2827). ↩
Amended by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497;BBl 2006 3389). ↩

Art. 69

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