Swiss Copyright Reform 2026, Practical Guide for Media Companies, Streaming Platforms & Creators

The ongoing copyright reform in Switzerland is reshaping compliance obligations for every entity that creates, distributes or monetises content in the Swiss market. From the landmark amendments Parliament approved on 27 September 2019 to the Federal Council’s June 2025 bill proposing remuneration for online snippets, the regulatory trajectory is clear: platforms, broadcasters and creators face tighter licensing rules, expanded transparency duties and new collective-management reporting requirements. This practitioner guide translates each wave of the Swiss copyright reform into concrete actions, contract clause updates, licensing audits and 90-day implementation checklists, so that in-house counsel and rights managers can move from awareness to compliance without delay.

Executive Summary, What Media Companies Must Know

The Swiss copyright reform affects three broad categories of market participants: linear and digital broadcasters, streaming platforms (SVOD and AVOD), and individual creators and influencers. Below are the headline points every compliance team should absorb before reading further.

• Scope. The reform extends beyond traditional copyright holders to cover platform operators, hosting services and anyone exploiting works commercially in or into Switzerland.
• Licensing overhaul. Collective rights management through SUISA and other approved collecting societies is being streamlined, but reporting obligations for licensees are increasing, particularly for radio, DAB+ and on-demand music catalogues.
• Snippet remuneration. The Federal Council introduced a bill on 20 June 2025 proposing changes to the Swiss Copyright Act that would create a new remuneration right for online use of press-publisher content. This bill remains under parliamentary deliberation.
• Platform transparency. The parallel communication-platforms law requires operators to inform users when removing content or blocking accounts, creating a new moderation and appeals infrastructure that intersects with copyright enforcement.
• Enforcement teeth. Revised provisions clarify that IP addresses can be recorded and submitted in infringement proceedings, strengthening rights-holder evidence-gathering.
• Immediate action. Conduct a licence audit within 30 days, update Terms of Service within 60 days, and complete a full compliance review within 90 days.

Background: Why Switzerland Is Updating Copyright Law

Switzerland’s Federal Act on Copyright and Related Rights dates to 1992. While the statute has been amended several times, the pace of digital transformation, streaming services, user-generated content platforms, podcast networks and AI-driven content creation, has outstripped the existing legal framework. The Swiss copyright reform aims to simultaneously strengthen the position of creative artists and improve public access to works, while adapting enforcement tools to the realities of online distribution.

Several external forces have accelerated the reform. The EU’s Digital Single Market Directive prompted Swiss policymakers to evaluate alignment with European standards on platform liability and press-publisher rights. Domestically, the Federal Council has pursued cultural-policy goals, including better representation of Swiss music on streaming platforms. Industry observers expect these converging pressures to produce a significantly modernised regime by the end of the current legislative cycle.

Key Legislative Milestones

Who and What Is in Scope, Entities and Content Types

Understanding scope is the first step toward copyright reform compliance in Switzerland. The obligations vary significantly depending on the entity type and the nature of the content being exploited.

Examples and Edge Cases, Streaming Legality in Switzerland

A frequently asked question concerns streaming legality in Switzerland for end users. Under Swiss law, downloading or streaming works for private use is permitted. This applies even to downloading from illegal sources, a distinctive feature of the Swiss regime. However, uploading or making content available to the public without the rights holder’s consent remains unlawful. For platforms, this means that user behaviour may be legal while the platform’s own hosting or distribution activity triggers separate licensing obligations.

Edge cases include embedded content (where a platform frames third-party streams), user-uploaded compilations and podcast syndication feeds that incorporate licensed music. Each scenario requires a distinct rights analysis, and the reform’s expanded enforcement provisions make it riskier to rely on assumptions.

Headline Changes in the 2026 Copyright Reform That Matter for Media

The Swiss copyright reform introduces several changes with direct operational implications for media companies. Below is a structured overview of the principal amendments and proposals currently in the legislative pipeline.

• Extended protection terms. The 2020 amendments already extended the term of protection for performers and producers. The current reform cycle builds on this by clarifying how these extended terms apply to digital-first distribution.
• Photograph protection. All photographs, not only those meeting the traditional threshold of individual character, now enjoy copyright protection, affecting stock-image licensing, editorial use and platform content moderation.
• Video-on-demand rights management. The revised Act introduced more efficient management of video-on-demand rights, with implications for SVOD catalogue licensing across cantonal and international borders.
• Enforcement improvements. The revised Act clarifies that IP addresses can be recorded and submitted to authorities, lowering the evidentiary threshold for infringement proceedings.
• AI and text-data mining. A 2025 study on AI training and copyright law in Switzerland examined the legal boundaries of text and data mining. While no specific AI-training exception has been enacted yet, the policy conversation is active, and industry observers expect legislative proposals to follow.

Platform Liability and Notice Procedures

Platform liability in Switzerland is evolving on two parallel tracks. The copyright reform strengthens rights-holder remedies against platforms that host infringing material, while the separate communication-platforms law imposes broader transparency and moderation duties. Taken together, platforms operating in Switzerland face a dual compliance burden: they must maintain robust notice-and-takedown processes under copyright law and meet the procedural fairness requirements of the platform-regulation framework.

Practically, this means that a platform’s content-moderation policy can no longer treat copyright takedowns as a standalone workflow. Instead, the takedown decision must be documented, the affected user must be notified with reasons, and an appeals pathway must be available, all within defined timeframes.

New (or Proposed) Remuneration for Snippets and Press Content

On 20 June 2025, the Federal Council introduced a bill proposing changes to the Swiss Copyright Act. The bill aims to address the imbalance between online platforms that display snippets of news content and the press publishers that produce it. If enacted, platforms and aggregators would owe remuneration to publishers for the use of excerpts beyond minimal quotation. The bill is modelled in part on the EU’s press-publisher right under Article 15 of the Digital Single Market Directive, though the Swiss version includes several jurisdiction-specific features.

The bill remains under parliamentary deliberation. Media companies that aggregate or display third-party press content should begin assessing their exposure now, even before the final text is confirmed.

Licensing and Collective Rights Management, Practical Steps

Collective rights management in Switzerland is anchored by SUISA (for musical works) and a network of sister societies covering audiovisual, literary and neighbouring rights. The Swiss copyright reform reinforces the role of these collecting societies while introducing stricter reporting and transparency expectations for licensees.

SUISA is the collective management organisation in charge of managing copyrights for non-theatrical music in Switzerland. Any broadcaster, streaming platform or venue that uses music commercially must hold a valid licence from SUISA, or from the relevant society if the rights fall outside SUISA’s mandate.

Radio and DAB+ Transition, Broadcaster Obligations

The migration from FM to DAB+ is not merely a technical project; it carries licensing implications that intersect directly with the copyright reform. Broadcaster obligations under the DAB+ framework include:

• Licence reconciliation. Verify that existing blanket licences cover DAB+ transmission, not only FM. Many legacy agreements reference analogue distribution and may require amendment.
• Metadata reporting. DAB+ platforms transmit richer metadata (track titles, artist names, album art). This metadata must be accurate and complete, as it feeds into SUISA’s royalty-distribution calculations.
• Archive rights. On-demand catch-up services associated with DAB+ broadcasts require separate making-available rights. Ensure that producer contracts grant these rights explicitly.
• Playlist submission. Submit detailed playlists to SUISA within the timeframes specified in licensing agreements, typically monthly or quarterly.

Streaming Platforms, Catalogue Licensing and Territoriality

For SVOD and AVOD platforms, the licensing landscape under the Swiss copyright reform requires careful territorial analysis. Switzerland is not an EU member state, which means that EU-wide licensing mechanisms (such as the portability regulation) do not apply automatically. Platforms must therefore secure Swiss-specific rights for each title in their catalogue, or rely on contractual passthrough provisions from pan-European distribution agreements.

Key steps for licensing music on radio and streaming platforms in Switzerland include:

1. Audit the current catalogue against territorial rights documentation.
2. Identify titles for which Swiss rights have not been explicitly cleared.
3. Negotiate blanket licences with SUISA for musical works and with ProLitteris, SUISSIMAGE or SSA for literary and audiovisual works as applicable.
4. Implement automated rights-verification workflows to flag new content additions that lack Swiss clearance.
5. Establish reporting pipelines to collect and transmit usage data to the relevant collecting societies.

Platform Obligations, Contracts, Moderation and Reporting

Platforms serving Swiss users must adapt their contractual frameworks, moderation practices and reporting systems to meet the combined requirements of the copyright reform and the communication-platforms law.

Terms of Service and Rights Warranty Clauses

Platform Terms of Service should be updated to address the following areas:

• Rights warranty. Require uploaders to warrant that they hold or have obtained all necessary rights for the content they submit. Sample language: “By uploading Content, you represent and warrant that you are the owner of, or have all necessary licences, rights, consents and permissions to use and authorise the Platform to use, such Content in any manner contemplated by the Platform and these Terms of Service.”
• Indemnification. Include an indemnity clause covering third-party copyright claims arising from user-uploaded content.
• Licence grant. Define the scope of the licence the user grants to the platform, territory (Switzerland and/or worldwide), duration, sub-licensing rights and whether the licence survives account deletion.
• AI-training carve-out. Given the evolving policy landscape around AI and copyright, consider adding a clause specifying whether user-uploaded content may be used for machine-learning purposes, and on what terms.

Content Moderation and Transparency Processes

The communication-platforms law, as outlined by UVEK, requires platform operators to inform users when removing content or blocking accounts and to explain their grounds for doing so. This intersects with copyright enforcement in several ways:

• Notice-and-action workflow. When a rights holder submits a takedown request, the platform must assess the claim, act within a reasonable timeframe, and notify the uploader of the action taken and the reason.
• Counter-notice mechanism. The uploader must have a clear pathway to contest the takedown, including access to information about the complainant (subject to data-protection constraints).
• Transparency reporting. Platforms should publish periodic transparency reports detailing the volume of takedown requests received, actions taken and appeals processed.
• Record-keeping. Maintain an internal log of all copyright-related moderation decisions for a minimum retention period aligned with the statute of limitations for infringement claims.

Broadcast and Radio Checklist, Practical Compliance for Broadcasters and Stations

Linear broadcasters and radio stations face a specific set of compliance tasks under the Swiss copyright reform. The checklist below is designed to be handed directly to legal and operations teams.

Music Radio Licensing via SUISA

• Step 1: Licence inventory. Compile all active SUISA licences and confirm they cover FM, DAB+, online simulcast and on-demand catch-up services.
• Step 2: Gap analysis. Identify any transmission modes or content categories not covered by existing agreements.
• Step 3: Contract amendment. Negotiate amendments or new licences for uncovered uses, particularly making-available rights for podcast archives and on-demand replay.
• Step 4: Reporting pipeline. Ensure that playlist and usage data is transmitted to SUISA in the required format and within agreed deadlines.
• Step 5: Staff training. Brief programme directors and music editors on the metadata and reporting requirements associated with the reform.

Podcast Licensing and Syndication

Podcasts that incorporate third-party music, sound effects or spoken-word recordings require separate licences. Under the reform’s clarified framework:

• Music used in podcast intros, outros or segments must be licensed through SUISA or directly from the rights holder.
• Syndication agreements should specify whether the syndicator or the originating producer is responsible for rights clearance in Switzerland.
• Cross-border podcast distribution into Switzerland may trigger Swiss licensing obligations even if the producer is based abroad.

Creators and Influencers, What to Change in Contracts and Deals

Creators rights in Switzerland are strengthened under the reform, but exercising those rights effectively depends on the contractual framework in place. Swiss law provides that only commercial rights can be transferred; moral rights, including the right to be identified as the author, can never be assigned. However, in practice, broad assignment clauses can hollow out a creator’s economic position if not carefully negotiated.

Model Clauses, Rights Carve-Outs and AI Training Carve-Outs

Creators and their advisers should consider the following contractual strategies:

• Rights retention. Grant the minimum licence necessary for the intended use. Where full assignment is demanded, negotiate a reversion clause that returns rights after a defined exploitation period (e.g., 3–5 years).
• Territorial limits. Limit grants to Switzerland and specified territories rather than worldwide, unless worldwide exploitation is genuinely intended and priced accordingly.
• Remuneration clauses. Include a revenue-share or royalty mechanism pegged to actual exploitation rather than a flat buyout, particularly for on-demand and streaming uses where consumption data is available.
• AI-training carve-out. Add an express prohibition or opt-in requirement for the use of the creator’s content in machine-learning training datasets: “The Licensee shall not use, or permit the use of, the Licensed Content for the purposes of training artificial-intelligence models, machine-learning systems or any automated content-generation technology without the Licensor’s prior written consent.”
• Moral-rights acknowledgement. Even though moral rights are inalienable under Swiss law, a contractual acknowledgement clause reinforces practical compliance and reduces the likelihood of disputes.

Enforcement and Remedies, Practical Litigation and Dispute Steps

The Swiss copyright reform has sharpened the enforcement toolkit available to rights holders, making proactive compliance all the more important for platforms and content distributors.

Swiss Procedures vs. DMCA-Style Takedowns, When to Litigate

Switzerland does not have a statutory safe-harbour regime identical to the US DMCA. Instead, platform liability is assessed under general principles of Swiss civil law, supplemented by the copyright-specific provisions in the revised Act. Key enforcement features include:

• IP-address evidence. The revised Act clarifies that IP addresses can be recorded and submitted to the competent authority in connection with a criminal complaint, making it easier for rights holders to identify infringers.
• Injunctive relief. Courts can issue provisional and permanent injunctions against both direct infringers and intermediaries whose services are used for infringement.
• Damages. Successful claimants may recover actual damages (including lost profits) and, where applicable, disgorgement of the infringer’s profits.
• Criminal sanctions. Wilful copyright infringement carries criminal penalties, including fines and, in serious cases, custodial sentences.

Litigation should be considered when notice-and-takedown processes fail, when infringement is systematic, or when the commercial value of the infringed rights justifies the cost of proceedings. For lower-value disputes, mediation or arbitration may offer a faster resolution.

Quick Compliance Checklist and 90-Day Action Plan

The following checklist assigns ownership by function (LEGAL, PRODUCT, COMMS) and provides a phased timeline for implementation.

Days 1–30: Foundation

• LEGAL: Complete a comprehensive licence audit covering all content types and distribution channels.
• LEGAL: Review and redline existing producer, creator and distributor contracts against reform requirements.
• PRODUCT: Map current metadata and reporting workflows to identify gaps in SUISA/CMO data submission.
• COMMS: Brief senior management and board on headline compliance risks and resource requirements.

Days 31–60: Implementation

• LEGAL: Negotiate and execute licence amendments or new blanket licences for uncovered uses.
• PRODUCT: Update Terms of Service, privacy notices and user-facing moderation policies.
• PRODUCT: Deploy notice-and-action workflow (takedown request → assessment → action → user notification → appeal).
• COMMS: Publish user-facing guidance explaining content-moderation procedures and appeal rights.

Days 61–90: Verification

• LEGAL: Conduct a second-pass review to confirm all contract amendments are executed and filed.
• PRODUCT: Run a test cycle of the metadata-reporting pipeline and validate data accuracy with SUISA.
• LEGAL: Update insurance notifications (E&O / media liability policies) to reflect new obligations.
• COMMS: Train customer-support and editorial teams on the reformed copyright framework and escalation procedures.

Conclusion

The copyright reform in Switzerland is not a single legislative event but an evolving programme of amendments, new bills and regulatory proposals that collectively redefine how content is licensed, distributed and enforced across the Swiss media landscape. The three actions that matter most right now are: complete a licence audit to close coverage gaps, update platform Terms of Service and moderation workflows to satisfy both copyright and platform-regulation requirements, and renegotiate creator contracts to reflect strengthened rights and emerging AI-training considerations. Organisations that treat these tasks as a 90-day sprint, rather than a multi-year aspiration, will be best positioned to operate confidently as the final legislative texts take shape.

For tailored guidance on any aspect of the Swiss copyright reform, consult a qualified media and entertainment lawyer in Switzerland.

Sources

1. Swiss Federal Institute of Intellectual Property (IGE), Revision of Copyright Law
2. Fedlex, Federal Act on Copyright and Related Rights
3. UVEK, New Law on Communication Platforms and Search Engines
4. SUISA, Music and Law
5. Lenz & Staehelin, Proposed Bill on Remuneration for Online Snippets in Switzerland
6. EBU, Copyright Guide: Practical Information for Broadcasters
7. Swisscopyright, Politics
8. Chambers Global Practice Guides, Trade Marks & Copyright 2026: Switzerland
9. Lexology, Revised Swiss Copyright Act
10. EIZ Publishing, AI Training and Copyright Law in Switzerland