A Primer on the New Remuneration Rights for Video-on-Demand in Switzerland

This article offers an analysis of the recently adopted remuneration rights that are designed to enable authors and performers to participate in the revenues that operators of video-on-demand services, such as Netflix, generate by streaming their works and performances to Swiss consumers. The article first describes and explains the key features of the new system and the narratives used to justify it during the legislative process. It then critically examines selected elements of the new system, including the various exceptions, the reciprocity requirement, the relationship between statutory and contractual remuneration, and the exemption for music. The article concludes with an overall assessment of the new remuneration system, both in terms of policy and in terms of the drafting of the new provisions.