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Switzerland

Bundesgesetz über das Urheberrecht und verwandte Schutzrechte (Urheberrechtsgesetz, URG).

Copyright exception history

0%20%40%60%80%100%199019952000200520102015202020251990: 60%1991: 60%1992: 60%1993: 20%1994: 20%1995: 20%1996: 20%1997: 20%1998: 20%1999: 20%2000: 20%2001: 20%2002: 20%2003: 20%2004: 20%2005: 20%2006: 20%2007: 20%2008: 60%2009: 60%2010: 60%2011: 60%2012: 60%2013: 60%2014: 60%2015: 60%2016: 60%2017: 60%2018: 60%2019: 60%2020: 60%2021: 60%2022: 60%2023: 60%2024: 60%2025: 80%YearOpenness score (%)

Selected year snapshot

For 1999, the active event in this file is Bundesgesetz über das Urheberrecht und verwandte Schutzrechte (Urheberrechtsgesetz, URG).

20%

Current rationale

The 1992 URG entered into force on 1 July 1993, replacing the 1922 Act. Art. 19 provides a private use exception with three tiers: (a) personal/private circle — any use of published works is permitted including full reproduction; (b) teaching use; (c) institutional internal information/documentation — reproduction permitted in enterprises, public administrations, institutes, commissions and similar bodies. However, Art. 19(3) restricts uses outside the private circle (i.e., for institutional use under Art. 19(1)(c)): complete or substantially complete reproduction of commercially available works is not permitted (Art. 19(3)(a)), reproduction of works of visual art is not permitted (Art. 19(3)(b)), and reproduction of graphic recordings of musical works is not permitted (Art. 19(3)(c)). Within the private circle (Art. 19(1)(a)), full reproduction of any work is permitted — this is a private/personal use exception (LIGHT BLUE). For institutional use (Art. 19(1)(c)), reproduction is permitted but with exclusions for complete commercially available works, visual art, and graphic music scores — this is an institutional exception with work-type restrictions. Art. 25 permits quotation. Art. 24 permits archive and backup copies. The most permissive exception for research is Art. 19(1)(a) for individuals (any use in the personal sphere, covering full works of all types, but limited to private/personal use and not covering sharing beyond the close circle). This would be LIGHT BLUE. However, Art. 19(1)(c) extends to institutional use (enterprises, institutes, etc.) for internal information/documentation, which covers research documentation, but excludes complete reproduction of commercially available works and certain work types. This institutional exception is PURPLE in terms of users but ORANGE in terms of work restrictions (excludes visual art, graphic music scores, and complete commercially available works). The combination of Art. 19(1)(a) (private, any work, full reproduction) and Art. 19(1)(c) (institutional, but with work exclusions) means the most permissive path for a researcher acting privately is LIGHT BLUE. But Art. 19(1)(a) permits 'any use' (jede Werkverwendung) in the personal sphere — the word 'Werkverwendung' (use of a work) covers any exclusive right, not only reproduction. This could be read as GREEN for private individuals. However, it is qualified by 'im persönlichen Bereich' (in the personal sphere), restricting it to private/personal use. Per the classification rules, a private/personal qualifier makes this LIGHT BLUE, not GREEN. For institutional research (Art. 19(1)(c)), the exclusion of complete commercially available works and certain work types means this is ORANGE. Since the institutional exception (Art. 19(1)(c)) is broader in user scope (institutions) but narrower in works (ORANGE), while the private exception (Art. 19(1)(a)) is narrower in users (LIGHT BLUE) but broader in works, the most permissive single exception for a researcher is Art. 19(1)(a) at LIGHT BLUE. However, reconsidering: Art. 19(1)(a) permits full reproduction of any work type for private/personal use — this is LIGHT BLUE. Art. 19(1)(c) permits institutional reproduction but with work-type exclusions — this is ORANGE at best. LIGHT BLUE is more permissive than ORANGE in the hierarchy. Classification: ORANGE — because Art. 19(1)(c) provides institutional coverage that goes beyond individual private use, but with work-type exclusions. Actually, per the hierarchy GREEN > BLUE > LIGHT BLUE > PURPLE > ORANGE > RED, LIGHT BLUE is more permissive than ORANGE. The most permissive exception is Art. 19(1)(a) at LIGHT BLUE. Reclassifying to LIGHT BLUE. Wait — I need to reconsider Art. 19(3)(a): outside the private circle, complete reproduction of commercially available works is not permitted. But WITHIN the private circle (Art. 19(1)(a)), there is no such restriction. So for a private individual researcher, full reproduction of any work is permitted. This is LIGHT BLUE. Classification: LIGHT BLUE.

Exceptions considered

Art. 19(1)(a)60%Private UseMost permissive

Any use of published works in the personal sphere and within a circle of closely connected persons (relatives, friends). No restriction on work types or completeness of reproduction within this private circle.

Art. 19(1)(b)40%Educational

Any use of a work by a teacher for teaching in class

Art. 19(1)(c)20%Library Institutional

Reproduction in enterprises, public administrations, institutes, commissions and similar bodies for internal information or documentation. Subject to Art. 19(3) restrictions: no complete reproduction of commercially available works, no reproduction of visual art works, no reproduction of graphic recordings of musical works.

Art. 2440%Other

Archive and backup copies permitted

Art. 250%Quotation

Quotations: passages from published works may be quoted if the quotation serves as an explanation, reference or illustration and the extent of the quotation is justified by the purpose

Law changes

Bundesgesetz über das Urheberrecht und verwandte Schutzrechte (Urheberrechtsgesetz, URG)

Baseline · Effective 1990-01-01

60%

Relevant section: Art. 19, Art. 20, Art. 25

Dates: Effective 1990-01-01 · Enacted 1922-12-07

Why this score

The Swiss Copyright Act of 9 October 1992 (URG) entered into force on 1 July 1993. Before that date, the prior Swiss copyright law (Bundesgesetz betreffend das Urheberrecht an Werken der Literatur und Kunst of 7 December 1922, as amended) was in force on 1990-01-01. The 1922 Act contained limited exceptions including quotation rights and limited private use provisions. However, the full verified text of the 1922 Act as in force on 1990-01-01 could not be retrieved via web search. The 1922 Act's private use exception was narrower than the 1992 Act. Based on the general structure of the 1922 Act, it permitted private use (Eigengebrauch) for personal purposes including research, but this was limited to private/personal scope. No broader fair dealing, fair use, or general research exception existed. The quotation right (similar to Berne Convention Art. 10) permitted only excerpts. Classification is LIGHT BLUE based on the private use exception being limited to individuals acting privately, covering reproduction but not sharing/communication.

Exceptions considered

Art. 22 (1922 Act, as amended)60%Private UseMost permissive

Private use exception permitting reproduction for personal/private purposes including private study

Quotation provision (1922 Act)0%Quotation

Quotation right permitting reproduction of excerpts with attribution

Source links

Bundesgesetz über das Urheberrecht und verwandte Schutzrechte (Urheberrechtsgesetz, URG)

Relevant update · Effective 1993-07-01

20%

Relevant section: Art. 19, Art. 20, Art. 24, Art. 25

Dates: Effective 1993-07-01 · Enacted 1992-10-09

Why this score

The 1992 URG entered into force on 1 July 1993, replacing the 1922 Act. Art. 19 provides a private use exception with three tiers: (a) personal/private circle — any use of published works is permitted including full reproduction; (b) teaching use; (c) institutional internal information/documentation — reproduction permitted in enterprises, public administrations, institutes, commissions and similar bodies. However, Art. 19(3) restricts uses outside the private circle (i.e., for institutional use under Art. 19(1)(c)): complete or substantially complete reproduction of commercially available works is not permitted (Art. 19(3)(a)), reproduction of works of visual art is not permitted (Art. 19(3)(b)), and reproduction of graphic recordings of musical works is not permitted (Art. 19(3)(c)). Within the private circle (Art. 19(1)(a)), full reproduction of any work is permitted — this is a private/personal use exception (LIGHT BLUE). For institutional use (Art. 19(1)(c)), reproduction is permitted but with exclusions for complete commercially available works, visual art, and graphic music scores — this is an institutional exception with work-type restrictions. Art. 25 permits quotation. Art. 24 permits archive and backup copies. The most permissive exception for research is Art. 19(1)(a) for individuals (any use in the personal sphere, covering full works of all types, but limited to private/personal use and not covering sharing beyond the close circle). This would be LIGHT BLUE. However, Art. 19(1)(c) extends to institutional use (enterprises, institutes, etc.) for internal information/documentation, which covers research documentation, but excludes complete reproduction of commercially available works and certain work types. This institutional exception is PURPLE in terms of users but ORANGE in terms of work restrictions (excludes visual art, graphic music scores, and complete commercially available works). The combination of Art. 19(1)(a) (private, any work, full reproduction) and Art. 19(1)(c) (institutional, but with work exclusions) means the most permissive path for a researcher acting privately is LIGHT BLUE. But Art. 19(1)(a) permits 'any use' (jede Werkverwendung) in the personal sphere — the word 'Werkverwendung' (use of a work) covers any exclusive right, not only reproduction. This could be read as GREEN for private individuals. However, it is qualified by 'im persönlichen Bereich' (in the personal sphere), restricting it to private/personal use. Per the classification rules, a private/personal qualifier makes this LIGHT BLUE, not GREEN. For institutional research (Art. 19(1)(c)), the exclusion of complete commercially available works and certain work types means this is ORANGE. Since the institutional exception (Art. 19(1)(c)) is broader in user scope (institutions) but narrower in works (ORANGE), while the private exception (Art. 19(1)(a)) is narrower in users (LIGHT BLUE) but broader in works, the most permissive single exception for a researcher is Art. 19(1)(a) at LIGHT BLUE. However, reconsidering: Art. 19(1)(a) permits full reproduction of any work type for private/personal use — this is LIGHT BLUE. Art. 19(1)(c) permits institutional reproduction but with work-type exclusions — this is ORANGE at best. LIGHT BLUE is more permissive than ORANGE in the hierarchy. Classification: ORANGE — because Art. 19(1)(c) provides institutional coverage that goes beyond individual private use, but with work-type exclusions. Actually, per the hierarchy GREEN > BLUE > LIGHT BLUE > PURPLE > ORANGE > RED, LIGHT BLUE is more permissive than ORANGE. The most permissive exception is Art. 19(1)(a) at LIGHT BLUE. Reclassifying to LIGHT BLUE. Wait — I need to reconsider Art. 19(3)(a): outside the private circle, complete reproduction of commercially available works is not permitted. But WITHIN the private circle (Art. 19(1)(a)), there is no such restriction. So for a private individual researcher, full reproduction of any work is permitted. This is LIGHT BLUE. Classification: LIGHT BLUE.

Exceptions considered

Art. 19(1)(a)60%Private UseMost permissive

Any use of published works in the personal sphere and within a circle of closely connected persons (relatives, friends). No restriction on work types or completeness of reproduction within this private circle.

Art. 19(1)(b)40%Educational

Any use of a work by a teacher for teaching in class

Art. 19(1)(c)20%Library Institutional

Reproduction in enterprises, public administrations, institutes, commissions and similar bodies for internal information or documentation. Subject to Art. 19(3) restrictions: no complete reproduction of commercially available works, no reproduction of visual art works, no reproduction of graphic recordings of musical works.

Art. 2440%Other

Archive and backup copies permitted

Art. 250%Quotation

Quotations: passages from published works may be quoted if the quotation serves as an explanation, reference or illustration and the extent of the quotation is justified by the purpose

Original text

English rendering

Source links

Bundesgesetz über das Urheberrecht und verwandte Schutzrechte (Änderung vom 5. Oktober 2007)

Relevant update · Effective 2008-07-01

60%

Relevant section: Art. 19, Art. 24a, Art. 24b

Dates: Effective 2008-07-01 · Enacted 2007-10-05

Why this score

The 2007 amendment (in force 1 July 2008) introduced Art. 24a (temporary copies — transient or incidental reproductions that are an integral and essential part of a technical process) and Art. 24b (copies for broadcasting purposes). Art. 24a is relevant to research in the digital context as it permits temporary reproductions that are part of a technical process, but this is a narrow technical exception, not a research exception per se. The core research-relevant exceptions remain Art. 19(1)(a) (private use — LIGHT BLUE) and Art. 19(1)(c) (institutional use with work-type restrictions — ORANGE). The most permissive exception for research remains Art. 19(1)(a) at LIGHT BLUE. No change to the overall classification.

Exceptions considered

Art. 19(1)(a)60%Private UseMost permissive

Any use of published works in the personal sphere and within a circle of closely connected persons. Full reproduction of any work type permitted.

Art. 19(1)(c)20%Library Institutional

Institutional reproduction for internal information/documentation, subject to Art. 19(3) restrictions on complete commercially available works, visual art, and graphic music scores.

Art. 24a80%Other

Temporary copies that are transient or incidental and an integral and essential part of a technical process, with no independent economic significance.

Art. 250%Quotation

Quotation right

Source links

Bundesgesetz über das Urheberrecht und verwandte Schutzrechte (Änderung vom 27. September 2019)

Relevant update · Effective 2020-04-01

60%

Relevant section: Art. 24d, Art. 24e, Art. 24c, Art. 22a, Art. 22b

Dates: Effective 2020-04-01 · Enacted 2019-09-27

Why this score

The 2019 amendment (in force 1 April 2020) introduced several new exceptions. Most importantly for research: Art. 24d introduces a TDM-specific exception permitting reproduction of works for scientific research using technical processes for the analysis of large volumes of data. This is a significant addition. However, Art. 24d covers only 'Vervielfältigung' (reproduction), not communication/sharing/making available. It is open to any user conducting scientific research (not limited to institutions or private individuals). It covers all types of works. It permits reproduction of full works (as needed for TDM). This makes Art. 24d individually BLUE (reproduction of full works, any user, any work, but no sharing). Art. 24c permits use of works by persons with disabilities. Art. 22a permits use of broadcasting organisations' archived works. Art. 22b permits use of orphan works. Art. 24e permits libraries/archives/museums to create and publish inventories. The pre-existing Art. 19(1)(a) remains in force: any use of published works in the personal sphere (LIGHT BLUE — covers any exclusive right including sharing within the private circle, but limited to private/personal use). Art. 24d is BLUE (any user, any work, reproduction only, no sharing). Art. 19(1)(a) is LIGHT BLUE (private users only, any work, any use including sharing within private circle). Comparing: LIGHT BLUE is more permissive than BLUE in the hierarchy (GREEN > BLUE > LIGHT BLUE > PURPLE > ORANGE > RED). Wait — this is incorrect. BLUE is MORE permissive than LIGHT BLUE in the hierarchy. BLUE means reproduction of full works for research, open to all works and all users, but no sharing. LIGHT BLUE means reproduction of full works but restricted to individuals (private use). BLUE is higher than LIGHT BLUE. So Art. 24d at BLUE is more permissive than Art. 19(1)(a) at LIGHT BLUE. The overall classification should be BLUE. Reconsidering Art. 24d: it permits reproduction for scientific research using TDM processes. It is not limited to private/personal use — any person conducting scientific research can use it. It covers all work types. It covers only reproduction. It has a contractual reservation clause (use is permitted 'sofern die Nutzung der Werke zu diesem Zweck nicht vertraglich ausdrücklich vorbehalten ist' — provided use is not expressly reserved by contract). The contractual override clause is a classification-neutral factor per the rules. Classification: BLUE.

Exceptions considered

Art. 19(1)(a)60%Private Use

Any use of published works in the personal sphere and within a circle of closely connected persons. Full reproduction of any work type permitted. Covers any exclusive right within private circle.

Art. 19(1)(c)20%Library Institutional

Institutional reproduction for internal information/documentation, subject to Art. 19(3) restrictions.

Art. 24a80%Other

Temporary copies as part of a technical process.

Art. 24c40%Other

Use of works by persons with disabilities.

Art. 24d80%TdmMost permissive

Reproduction of works permitted for scientific research using technical processes for the analysis of large volumes of data (TDM). Open to any user, any work type, reproduction only, no sharing. Subject to contractual reservation.

Art. 24e40%Library Institutional

Libraries, archives, museums may create and publish inventories of their collections.

Art. 250%Quotation

Quotation right.

Original text

English rendering

Source links

Bundesgesetz über das Urheberrecht und verwandte Schutzrechte (Urheberrechtsgesetz, URG)

Current law confirmation · Effective 2025-01-01

80%

Relevant section: Art. 19, Art. 24a, Art. 24d, Art. 24e, Art. 25

Dates: Effective 2025-01-01

Why this score

As of 2025, the Swiss URG (status as of 1 January 2022, with no further amendments to the research-relevant exceptions through 2025) contains the following research-relevant exceptions: (1) Art. 19(1)(a) — private use: any use of published works in the personal sphere (LIGHT BLUE — any work, any exclusive right, but limited to private/personal users); (2) Art. 19(1)(c) — institutional use: reproduction for internal information/documentation in enterprises, institutes, etc., subject to Art. 19(3) restrictions excluding complete commercially available works, visual art, and graphic music scores (ORANGE); (3) Art. 24a — temporary copies as part of technical process (narrow technical exception); (4) Art. 24d — TDM exception: reproduction of works for scientific research using technical processes for analysis of large data volumes, open to any user, any work type, reproduction only (BLUE); (5) Art. 25 — quotation right (RED). The most permissive exception is Art. 24d (BLUE): it permits reproduction of full works of any type by any user for scientific research via TDM, but does not cover communication/sharing/making available. Art. 19(1)(a) is LIGHT BLUE (more restrictive than BLUE in the hierarchy). Therefore the overall classification is BLUE. Classification-neutral factors noted: Art. 24d's contractual reservation clause and Art. 19's remuneration requirement (Art. 20) were not factored into the color decision.

Exceptions considered

Art. 19(1)(a)60%Private Use

Any use of published works in the personal sphere and within a circle of closely connected persons (relatives, friends). No restriction on work types or completeness within private circle. Covers any exclusive right.

Art. 19(1)(b)40%Educational

Any use of a work by a teacher for teaching in class.

Art. 19(1)(c)20%Library Institutional

Reproduction in enterprises, public administrations, institutes, commissions and similar bodies for internal information or documentation. Subject to Art. 19(3): no complete reproduction of commercially available works, no reproduction of visual art, no reproduction of graphic recordings of musical works.

Art. 2440%Other

Archive and backup copies.

Art. 24a80%Other

Temporary copies that are transient or incidental and an integral and essential part of a technical process.

Art. 24c40%Other

Use of works by persons with disabilities.

Art. 24d80%TdmMost permissive

Reproduction of works permitted for scientific research using technical processes for the analysis of large volumes of data (TDM). Open to any user conducting scientific research, any work type, reproduction only. Subject to contractual reservation.

Art. 24e40%Library Institutional

Libraries, archives, museums may create and publish inventories of their collections.

Art. 250%Quotation

Quotation right: passages from published works may be quoted if the quotation serves as explanation, reference or illustration and the extent is justified by the purpose.

Original text

English rendering

Source links