4.2.2-9 Are there exceptions to the right to rent pursuant to Art. 13 para. 1 CopA, i.e. rental without an obligation to remunerate the authors or collective rights management organisations?

Yes, these are governed by Art. 13 para. 2 CopA, according to which no remuneration has to be paid for:

• works of architecture;
• copies of works of applied art, and
• if the rental company and a user concluded a contract regarding the use of the copyrights (e.g. contract between the rental company and cinema regarding the rights to screen a film) and the tools for performing the contract also have to be rented out (in this case, the film reel) (example based on Müller/Oertli-Pfortmüller, URG, 2nd edition, 2012, Art. 13 N. 6).