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Prohibition right
The owner of a Copyright is entitled to approve or forbid its utilization. In the case of rights where the law prescribes a collective rights management obligation such as for the Retransmission right, the individual Right holder can no longer personally assert these rights - to allow or to prohibit - but only through a collective rights management society. The prohibition Right (that is to say the Right to forbid utilization) is therefore reserved to the collective rights management organizations in order to enforce the agreed conditions in respect of the users.
Source: e.g. Art. 22 FCL; BGE 133 III 568ff
Swiss Authors' Rights
Cooperative for Audiovisual Works
Term language:
Declaration Language:
Current: Prohibition right
Prohibition right
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The owner of a Copyright is entitled to approve or forbid its utilization. In the case of rights where the law prescribes a collective rights management obligation such as for the Retransmission right, the individual Right holder can no longer personally assert these rights - to allow or to prohibit - but only through a collective rights management society. The prohibition Right (that is to say the Right to forbid utilization) is therefore reserved to the collective rights management organizations in order to enforce the agreed conditions in respect of the users.
Source: e.g. Art. 22 FCL; BGE 133 III 568ff