Schweizerische Interpreten-Gesellschaft and Others v. X and Z

BGE 110 II 411 (1984)

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Schweizerische Interpreten-Gesellschaft and Others v. X and Z

Swiss Federal Supreme Court
BGE 110 II 411 (1984)

  • Written by Jody Stuart, JD

Facts

X (defendant) recorded and sold a performance of the opera Tosca by the Zurich Opera. Schweizerische Interpreten-Gesellschaft (the society) (plaintiff) brought an action against X in Swiss cantonal court to prohibit X from selling recordings originating from the Zurich Opera. The society argued that performers created works that can be protected by copyright if the performances were artistic. The cantonal court ruled that a new work would not be created by the performance of an orchestra or chorus and, therefore, these performers could not be viewed as creators protected by copyright. The cantonal court dismissed the action, and the society appealed.

Rule of Law

Issue

Holding and Reasoning ()

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