Federal Council wants to modernize copyright
The Federal Council wants to modernize copyright law. Among other things, Internet piracy is to be better combated, but without criminalizing the users of such offerings. At the same time, the legal provisions will be adapted to the latest technological developments.
In the future, measures to combat piracy should be taken where they are most efficient, namely at the providers. This is because they can act quickly and in a targeted manner, according to the Federal Council's communication. Swiss hosting providers should not host piracy platforms and should quickly remove the content in question in the event of copyright infringements via their servers. However, large, commercial pirate sites are often hosted by hosting providers whose headquarters or location is abroad or whose location is disguised. In such cases, Swiss access providers are to block access on the instructions of the authorities, it is stressed. In return for these new obligations, the bill provides for liability exemptions for providers.
Clarifying information to the users
In the case of serious copyright infringements via peer-to-peer networks - for example, by uploading as yet unreleased films - the access provider is to send the offending user two clarifying notices in future, informing him of the legal situation and the possible consequences if he fails to comply. If, despite these notices, the user does nothing to stop the copyright infringements, the courts will be authorized to disclose the identity of the user to the author, so that the author can take civil action against the unauthorized use, according to the communication. Criminal proceedings, as provided for today, would then no longer be necessary, writes the Federal Council. The bill would therefore not lead to a criminalization of users, because downloading for private use would still be allowed.
Use of digital offerings
The bill creates the prerequisites that novel offerings could be made available to consumers quickly and legally in the future (voluntary collective exploitation, internationally known as extended collective licensing).
The bill also provides that libraries will pay cultural workers in the future for lending books, etc., according to the statement.
The Federal Council recently sent the bill to amend the Copyright Act (URG) out for consultation. This will last until March 31, 2016.
Source: FDJP and Eidg. Institute for Intellectual Property
