WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/LIE/C/3 
2 March 2004 
 (04-0940) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/ 
 inglés 
 
MAIN DEDICATED INT ELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
LIECHTENSTEIN 
 
 The present document reproduces the text1 of the Law regarding Copyright and Neighboring Rights  of 
19 May 1999 (Copyright Law), notified by Liechtenstein under Article 63.2 of the Agreement in a communication from its Delegation dated 23 May 2000.  The Law repeals the Copyright Act 
of  26 October 1928 as well as the Ordinance of 30 January on certain rights regarding intellectual property (see 
documents IP/N/1/LIE/C/1 and IP/N/1/LIE/C/2/Rev.1). 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMEN TATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NO TIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
LIECHTENSTEIN 
 
 Le présent document contient le texte1 de la Loi du 19 mai 1999 sur le droit d'auteur et les droits 
voisins (Loi sur le droit d'auteur), notifiée par le Liec htenstein au titre de l'article  63:2 de l'Accord dans une 
communication de sa Délégation datée du 23 mai 2000.  Cette loi abroge la Loi du 26 octobre 1928 concernant 
le droit d'auteur ainsi que l'Ordonnance du 30 janvier sur certains droits de propriété intellectuelle (voir les 
documents IP/N/1/LIE/C/1 et IP/N/1/LIE/C/2/Rev.1). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relaciona dos con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NO TIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
LIECHTENSTEIN 
 
 
 En el presente documento se reproduce el texto1 de la Ley de Derecho de Autor y Derechos Conexos 
de 19 de mayo de 1999 (Ley de Derecho de Autor), no tificado por Liechtenstein en virtud del párrafo 2 del 
artículo 63 del Acuerdo en una comuni cación de su delegación de fecha 23 de mayo de 2000.  La Ley deroga la 
Ley de Derecho de Autor de 26 de octubre de 1928 y la Orden de 30 de enero relativa a determinados derechos 
en materia de propiedad intelectual (véanse los documentos IP/N/1/LIE/C/1 e IP/N/1/LIE/C/2/Rev.1). 
                                                      
 1 In English only./En anglais seulement./En inglés solamente. IP/N/1/LIE/C/3 
Page 2  
 
 Liechtenstein Law Gazette  
(Liechtensteinisches Landesgesetzblatt) 
 1999 Volume                       No. 160                      Published on 23 July 1999 
 
Law 
of 19 May 1999 
regarding Copyright and Neighboring Rights 
(Copyright Law)  
 
     I grant consent to the follow ing Resolution taken by the Parliament: 
  
I. Subject 
 
 
Article 1 
 
     1) This law governs  a)   the protection of authors of literary and artistic works;  
b)   the protection of performers, director s, producers of phonograms and videograms and 
      broadcasting organizations;  c)   the protection of the producers of databases;  
d)   the activity of the collecti ng societies and their supervision. 
      2) International treaties shall remain reserved.       3)
* Unless otherwise expressly provided in the Law, terms used in this Law referring to persons of 
the female gender shall also be deemed to  apply to persons of the masculine gender. 
 
       
                                                      
* This reference to persons of the feminine and masculine gender is a translation of the text in the 
German language in which the feminine form is employ ed to cover both feminine and masculine forms. Since 
there is usually no distinction made in the equivalent terms (such as author, producer and holder, for example), in the English language, all references to such persons in this translation shall be deemed to apply to both 
genders.  IP/N/1/LIE/C/3 
 Page 3 
 
 
 II. Copyright 
 
 
A. Works 
 
 
Article 2 
 
Definition of works 
 
      1)   Works shall mean literary and artistic creations of the mind, irrespective of their value or 
purpose, that possess an individual nature. 
 
      2)   They include, in particular:  a)   literary, scientific and othe r works that make use of language; 
 
b)   works of music and other acoustic works; 
 c)   works of fine art, particularly painting, sculpture and graphic works;  d)  works with scientific or technical content, su ch as drawings, plans, maps or three-dimensional 
representations; 
 
e)   works of architecture;  f)   works of applied art;  
g)   photographic, cinematographic and other visual or audiovisual works; 
 h)   works of dance or mime.        3)   Computer programs shall also be deemed works.  
      4)   Protection shall also subsist in draf ts, titles and parts of works on condition that they are 
creations of the mind with an individual nature.   
Article 3 
 
Derived works 
 
      1)   Derived works shall mean creations of  the mind of an individual nature that have been 
produced by making use of one or more existing work s that remain recognizable with their individual 
nature. 
       2)  Translations, audiovisual and other ad aptations, in particular, shall constitute such works. 
       3)   Derived works shall enjoy independent protection.  
      4)   The protection of the works used shall remain unaffected. 
 IP/N/1/LIE/C/3 
Page 4  
 
 Article 4 
 
Collections 
 
      1)  Collections shall enjoy independent protec tion where they are creations of an individual nature 
with regard to their selection or arrangement. 
       2)   The protection of works incl uded in a collection shall remain unaffected. 
       3)   Databases shall also be deemed to be a collection insofar as they c onstitute the author's own 
intellectual creation by reason of the selection or a rrangement of the material. Existing rights in their 
content shall not be affected.   
Article 5 
 
Works not protected 
 
      1)   Copyright protection shall not subsist in:  a)   laws, ordinances, international tr eaties and other official instruments; 
 
b)   means of payment;  c)   decisions, records and reports of authorities and public administrations;  
d)   patent specifications and published patent applications. 
       2)   Protection shall not subsist either in o fficial or statutory collections and translations of the 
works referred to in paragraph 1.   
B. Authors 
 
 
Article 6 
 
Definition 
 
      1)   The natural person who has created a work shall be deemed the author. 
       2)  Subject to the prerequisites specified in this Law, the copyrigh t is passed to the producer 
(maker). Freedom of contract remains safeguarded. 
 
 
Article 7 
 
Joint authorship 
 
      1)  Where two or more persons have cont ributed as authors to the creation of a work, copyright 
shall belong to all such persons jointly.   IP/N/1/LIE/C/3 
 Page 5 
 
 
       2)   Save as otherwise agreed, the joint authors may only use the work  with the consent of all 
authors; consent may not be refused for reasons contrary to the rules of good faith.        3)  Each joint author may independently take action for infringement of copyright, but may only do so on behalf of all authors. 
 
      4)   Where the individual contributions may be separated and there is no agreement to the contrary, each joint author may use his own cont ribution independently where such use does not 
impair the exploitation of the joint work.  
 
Article 8 
 
Presumption of authorship 
 
      1)   Until otherwise proved, the author shall be deemed to be the person identified as such with his 
own name, a pseudonym or a distinctive sign on copies of the work or on publication of the work.        2)   As long as the author is not identif ied or remains unknown in the case of a pseudonym or a 
distinctive sign, the person who edits the work may exercise copyright. Where such person is also not 
named, the person who has published the work may exercise copyright. 
 
      3)   The Government may, by way of ordinance, introduce a copyright register. Entry in the register is voluntary and gives rise to the legal presu mption that the person first being registered shall 
be deemed to be the author until the contrary is proved. 
 
 
C. Scope of copyright 
 
 
1. Relationship of the author to his work 
  
Article 9 
 
Recognition of authorship 
 
      1)   The author shall have an exclusive ri ght in his own work and the right to recognition of his 
authorship.        2)   The author shall have the exclusive ri ght to decide whether, when, how and under what name 
his own work may be published.  
      3)   A work shall be considered published when it has been made availa ble for the first time, by 
the author or with his consent, to a large number of  persons not constituting a private circle within the 
meaning of Article 22, 1) a).  
Article 10 
 
Use of work 
 
      1)   The author shall have the exclusive right  to decide whether, when and how his work is to be 
used. IP/N/1/LIE/C/3 
Page 6  
 
       2)   The author shall have the right, in particular: 
 a)   to manufacture copies of the work, such  as printed matter, phonograms, videograms or data 
carriers;  
b)   to offer for sale, sell or otherwise distribute copies of the work; 
 c)   to deliver or perform the work either dir ectly or through any kind of medium or to make it 
perceivable in a place other than where it is presented;  
d) to broadcast the work by radio, television or similar means, including either electromagnetic waves 
or cable or other means of conduction;  e)   to rebroadcast works by means of technical in stallations of which the operator is not the original 
broadcasting organization, in particular by cable or other means of conduction; 
 
f)   to make broadcasts and rebroadcasts perceivable;  g)   to use his work in digitalized form. 
 
Article 11 
 
Communication to the public via satellite 
 
      1)   Communication to the public via satellite from Liechtenstein is subject to the provisions of 
this Law. 
 
      2)   "Communication to the public via satellite" means the act whereby the program-carrying 
signals intended for public reception are, under the control and on the responsibility of the 
broadcasting organization, input into an uninterr upted communication chain running to the satellite 
and back to earth.  
      3)   If the communication to the public of works protected by copyright is effected via satellite, 
permission to do so can only be granted by contract.        4)   If a collecting society has concluded a collective contract with a broadcasting organization for 
a specific group of works, this contract may be ex tended through the Supervisory Authority (Article 
54) to holders of rights in the same group who are not represented by the collecting society, subject to 
the prerequisite that  a)  simultaneously with the communication to  the public via satellite the same broadcasting 
organization broadcasts via ground-based systems and  
b)   the unrepresented rightholder may at any time ex clude the extension of the collective contract to 
his works and may safeguard his rights e ither individually or collectively. 
       5)   Paragraph 4 shall not apply to ci nematographic works, including works which have been 
created through a similar process to cinematographic works. 
 
     IP/N/1/LIE/C/3 
 Page 7 
 
 
  
Article 12 
 
Integrity of the work 
 
      1)   The author shall have the exclusive right to decide: 
 a)  whether, when and how the work may be altered;  b)  whether, when and how the work may be used to create a derived work or may be included in a 
collection. 
       2)   Even where another person is authorized by  contract or by statute to alter a work or to use it to 
create a derived work, the author may oppose any distortion of the work that is damaging to his character or reputation. 
 
      3)   It shall be permissible to use existi ng works for the creation of parodies or other comparable 
variations on the work.        4)   Works of architecture that have been  executed may be altered by the proprietor subject to 
paragraph 2. 
 
 
2. Relationship between authorship and ownership of copies of the work 
  
Article 13 
 
Principle of exhaustion 
 
      If a copy of a work or a reproduction of a co mputer program or of a database has been put into 
circulation by way of sale with the consent of the rightholder, the right of distribution relating thereto 
shall thereby be exhausted. This shall not apply with regard to rental right. 
  
Article 14 
 
Rental of copies of works  
 
      1)   The author has the exclusive right to  rent or otherwise make available for remuneration  
copies of literary or artistic works.        2)   If the author has transferred or assigned his rental right in a phonogram or in the original or in 
copy of a film to a producer of phonograms or film s, he shall retain the entitlement to appropriate 
remuneration for the rental. The author may not waive this entitlement.        3)   No obligation to pay remuneration shall subsist in the case of: 
 
a)   works of architecture; 
 b)   copies of works of applied art;  c)   copies of works rented for a c ontractually agreed use of copyright. IP/N/1/LIE/C/3 
Page 8  
 
  
      4)   Claims to remuneration can only be asserted by a collecting society approved in the 
Principality of Liechtenstein (Articles 50 et seq ). 
       5)   This article shall not apply to com puter programs. The exclusive right under Article 16, c) 
shall remain unaffected. 
  
Article 15 
 
Lending right 
 
      1)   Institutions accessible to the public which lend copies of literary and artistic works shall be 
liable to pay the author remuneration for this.  
      2)   No obligation to pay remuneration shall subsist in the case of: 
 a)   works of architecture;  b)   copies of works of applied art;  
c)   copies of works lent for a contractually agreed use of copyright. 
        3)   The Government may, by way of ordina nce, exempt specific categories of institutions, such as 
educational establishments or public libra ries, from the payment of remuneration. 
 
       4) Claims to remuneration can only be as serted by a collecting society approved in Liechtenstein 
(Articles 50 et seq ). 
 
Article 16 
 
Restricted acts in the case of computer programs 
 
      The rightholder shall have the exclusive right to carry out or to authorize: 
 a)   permanent or temporary reproduction of a co mputer program by any means and in any form, in 
whole or in part. Insofar as the loading, display,  running, transmission or storing of a computer 
program requires a reproduction, these acts shall require the authorization of the rightholder;  b)   translation, adaptation, arrangement and othe r alterations of a computer program as well as the 
reproduction of the results obtained. The rights of those persons adapting the program shall remain 
unaffected. 
 
c)   any form of distribution of the original of a computer program or of copies, including rental. 
 
Article 17 
 
Restricted acts in the case of databases 
 
      In respect of the expression of the database wh ich is protectable by copyright, the rightholder shall 
have the exclusive right to carry out or to authorize:   IP/N/1/LIE/C/3 
 Page 9 
 
 
 a)   permanent or temporary reproduction by any means and in any form, in whole or in part; 
 b)   translation, adaptation, a rrangement and any other alteration; 
 c)   any form of distribution to the public of the database or of copies thereof. 
 
d)   any communication, display or performance to the public;  e)   any reproduction, distribution, communication, display or performance to the public of the results 
of the acts referred to in b). 
 
 
D.  Transfer of rights; enforcement 
  
Article 18 
 
Transfer of rights 
 
      1)   Copyright shall be transferable by assignment or by inheritance. 
 
      2)   Assignment of one right comprised in  copyright shall only comprise the assignment of other 
partial rights when such is agreed.        3)   Assignment of ownership of a copy of a work shall not comprise any authorization to exploit copyright even in the case of an original. 
 
 
Article 19 
 
Creation of work in paid employment relationship 
 
      1)   If, during the course of his employment and in the fulfilment of his contractual obligations, the 
employee creates a work protected by copyright, unless there is agreement to the contrary the rights in 
this work shall pass to the employer.        2)   In the case of other contractual rela tionships the scope of the transferred copyrights shall, 
unless there is agreement to the contrary, be dete rmined in accordance with the purpose pursued under 
the contract.   
Article 20 
 
Author in the case of cinematographic works 
 
      1)   The author of a film or other audiovi sual work shall be deemed to be the principal producer 
thereof.  
      2)   In addition, those persons participa ting in the creation or production of the work who are 
referred to in the contract as co-author s shall be deemed to be co-authors. 
       3)   If authors conclude a contract with a film producer relating to a film production, it shall be 
presumed, unless otherwise provided in the terms of the contract, that the author falling within the IP/N/1/LIE/C/3 
Page 10  
 
 terms of this contract has assigned his rental right. He shall be entitled to a ppropriate remuneration for 
this.   
Article 21 
 
Enforcement 
 
      The rights referred to in Article 10, 2) a nd Articles 12, 16 and 17 shall be subject to enforcement if 
the author or rightholder has already exercised them  and the work has already been published with the 
consent of the author or rightholder. 
  
E. Limitations on copyright 
  
Article 22 
 
Private use 
 
      1)   Published works may be used  for private purposes; private use shall mean: 
 
a)   any use of a work in the personal sphere or within a circle of persons closely connected to each 
other, such as relations or friends;  b)   any use of a work by a teacher for teaching in class; 
 
c)   the reproduction of copies of a work in enterp rises, public administrations, institutes, commissions 
and similar bodies for internal information or documentation.        2)   Persons entitled to make copies of a work for use for private purposes may also have them 
manufactured by other persons; libraries that make copying apparatus available to their users shall 
also be deemed other persons within  the meaning of this paragraph. 
       3)   The following shall not be permissible outside the private circle:  a)   the complete or extensive reproduction of copies obtainable commercially; 
 
b)   the reproduction of works of fine art;  c)   the reproduction of graphic representations of musical works;  d)   the recording of the delivery, performance or presentation of a work on phonograms, videograms 
or data carriers. 
       4)   This article shall not apply to computer programs.   
 
     IP/N/1/LIE/C/3 
 Page 11 
 
 
 Article 23 
 
Remuneration for private use 
 
      1)   Use of a work in a private circle (Article 22, 1) a)) shall not give rise to a right of 
remuneration. 
       2)   Any person who reproduces works in any manner for private use under Article 22, 1) b) or c), 
or as another person under Article 22, 2), shall be  required to pay remuneration to the author. 
 
      3)   Any person who manufactures or imports blank cassettes or other phonograms and 
videograms suitable for the recording of works shall be required to pay remuneration to the author for 
this.        4)   Claims for remuneration may only be asserted by a collecting society approved in 
Liechtenstein (Articles 50 et seq ). 
 
Article 24 
 
Decoding of computer programs 
 
      1)   The code of a computer program may be reproduced and its code form translated, insofar as 
the following conditions are fulfilled:  a)   the acts are indispensable in order to obtain the necessary information to make an independently 
created computer program interactive with other programs; 
 
b)   the acts are undertaken by a person entitled to use the copy of a computer program or by a person authorized in his name for this purpose;  c)   the information necessary to produce such interactiveness has not yet been made accessible ipso 
jure; and 
 
d)   the actions are restricted to the parts of  the program which are necessary to produce such 
interactiveness.        2)   The information obtained pursuant to paragraph 1) must not be: 
 
a)   used for purposes other than  to produce the interactiveness of the independently created program; 
 b)   passed on to third parties unless this is necess ary for the interactiveness of the independently 
created program;  
c)   used for the development, reproduction or distribution of a program with an essentially similar 
form of expression or for other acts infringing copyright.        3)   The decoding right pursuant to paragraph 1) cannot be waived.  
 
    IP/N/1/LIE/C/3 
Page 12  
 
 Article 25 
 
Distribution of broadcast works 
 
      1)   The right to make broadcast works pe rceivable simultaneously and unaltered or to rebroadcast 
them within the framework of the rebroadcast of  a transmitted program may only be asserted through 
a collecting society approved in Liechtenstein (Articles 50 et seq ). 
       2)   The rebroadcasting of works over tec hnical installations that are intended to serve a small 
number of receivers, such as installations in houses with more than one occupier or in a private 
building, shall be permitted. 
       3)   This Article shall not apply to the rebroadcasting of subscription television programs or of 
programs that cannot be received in Liechtenstein.  
 
Article 26 
 
Archive and backup copies 
 
      1)   A copy may be made of a work in order to preserve it. The original or a copy must be stored in 
archives not accessible to the general pub lic and be marked as an archive copy. 
       2)   Any person entitled to use a computer program may make a backup copy thereof insofar as this is necessary for the use of the computer program; this right may not be waived by contract.  
 
Article 27 
 
Quotations 
 
      1)   Published works may be quoted if the quotation serves as an e xplanation, a reference or 
illustration and the extent of the quota tion is justified for such purpose. 
       2)   The quotation must be designated as such and the source given. Where the source gives the name of the author, that name must also be given.  
 
Article 28 
 
Museum, fair and auction catalogs 
 
      A work forming part of a collection accessibl e to the public may be reproduced in a catalog issued 
by the administrators of the collection; the same sh all apply to the issue of fair and auction catalogs. 
  
Article 29 
 
Works in public places 
 
      1)   A work permanently located in a place accessible to the general public may be reproduced; 
such reproduction may be offered for sale, sold, broadcast or otherwise distributed.   IP/N/1/LIE/C/3 
 Page 13 
 
 
       2)   The reproduction may not be three-di mensional and may not be utilized for the same purpose 
as the original.  
Article 30 
 
Recordings for broadcasting purposes  
 
      1)   A work may be recorded on phonogram s, videograms or data carriers for an authorized 
broadcast or rebroadcast.  
      2)   A recording produced for this purpose must not be sold or otherwise distributed. 
  
Article 31 
 
Reporting on current events 
 
      1)   Where necessary for reporting on cu rrent events, works perceived in so doing may be 
recorded, reproduced, presented, broadcast, distributed , rebroadcast or otherwise made perceivable. 
       2)   For the purposes of information on current affairs, short extracts from press articles or from 
radio and television reports may be  reproduced, distributed and broadcast or rebroadcast; the extract 
and the source must be designated. Where the name of the author is given in the source, that name must also be given. 
 
F. Term of protection 
 
 
Article 32 
 
General  
 
      1)   A work shall enjoy copyright protec tion as soon as it is created, whether or not is has been 
fixed  on a physical medium.        2)   Protection shall expire 70 years after the death of the author.  
      3)   Where it has to be assumed that the au thor has been dead for over 70 years, no protection shall 
subsist.  
Article 33 
 
Joint authorship  
 
      1)   Where two or more persons have partic ipated in the creation of a work (Article 7), protection 
shall expire 70 years after the death of the last surviving joint author.        2)   Where the individual contributions ma y be separated, protection of  the independently usable 
contributions shall expire 70 years after the death of the author concerned. 
       3)   The copyright period for a cinematogra phic work or another audiovisual work shall expire 70 
years after the death of the last surviving of th e following persons, irrespective of whether these 
persons have been nominated as joint authors: prin cipal producer, author of the screenplay, author of IP/N/1/LIE/C/3 
Page 14  
 
 the dialog and composer of the music specially  composed for the cinematographic work or 
audiovisual work concerned.  
Article 34 
 
Unknown authorship 
 
      1)   If the author is unknown, protection of his works shall end 70 years after publication or, if the 
work has been published in instalment s, 70 years after the final instalment. 
 
      2)   If it becomes generally known who th e author is before the expiration of this term of 
protection, protection shall expire 70 years after his death. 
  
Article 35 
 
Calculation 
 
     The term of protection shall be calculated as from December 31 of the year in which the event 
determining the calculation occurred.  
 
Article 36 
 
International relations 
 
      1)   For works which have been published for the first time abroad, protection within the 
framework of the time limits laid down in Article s 32 to 35, and Articles 44 and 49 shall be granted 
for the period of time applying in the foreign coun try concerned. International treaties shall remain 
reserved.        1)   This provision shall not be applicab le in relations with member states of the European 
Economic Area. 
  
III. Neighboring rights 
  
Article 37 
 
Rights of performers 
 
      1)   Performer shall mean the natural pe rson who performs a work or who participates artistically 
in the performance of a work.  
      2)   Performers shall have the exclusive right: 
 a)   to make their performances perceivable in pl aces other than those in which they were performed; 
 b)   to broadcast their works by radio, television or similar process using electromagnetic waves, cable 
or other means of conduction, and to rebroadcast the broadcast performance by means of technical 
installations not operated by the original broadcasting organization;  IP/N/1/LIE/C/3 
 Page 15 
 
 
  
c)   to record their performances on phonograms, vi deograms or data carriers and to reproduce such 
recordings;  d)   to offer for sale, sell or otherwise distribute reproduced copies of the material on which their 
performances are recorded; 
 e)   to make their performances perceivable when they are broadcast or rebroadcast.        3)   Performers shall have the exclusive right  to authorize or prohibit the rental of representations 
of their performances. 
       4)   If performers conclude a contract with a film producer relating to a film production, it shall be 
presumed, unless otherwise provided in the terms of th e contract, that the performer falling within the 
terms of this contract has assigned his rental right. He shall be entitled to a ppropriate remuneration for 
this. 
 
Article 38 
 
More than one performer  
 
      1)   Where two or more persons have artis tically participated in a performance, protection shall 
belong to them jointly.        2)   In the case of a choral, orchestral or  stage performance, use of the performance under Article 
37 shall require the consent of the following persons: 
 
a)   the soloists;  b)   the conductor;  c)   the producer; 
 
d)   the representative of the participating group of  performers or, where there is no representative, the 
leader of the group.        3)   For as long as the group has not designated a representative and the name of its leader is 
unknown, the organizer, the producer of phonograms or  videograms or other da ta carriers, or the 
broadcasting organization, may exercise the neighboring rights as an agency without authority.   
Article 39 
 
Rights of phonogram producers 
 
      1)   Producers of phonograms shall have th e exclusive right to reproduce the recordings and to 
offer for sale, sell or otherwise distribute the reproduced copies.  
      2)   Producers of phonograms shall have the exclusive right to authorize or prohibit the rental of 
representations of their performances.   IP/N/1/LIE/C/3 
Page 16  
 
 Article 40 
 
Rights of film producers 
 
      1)   Producers of films shall have the excl usive right to reproduce the recordings and to offer for 
sale, sell or otherwise distribute the reproduced copies. 
       2)   Producers of films shall have the exclusive right to authorize or prohibit the rental of representations of their performances.  
Article 41 
 
Right to remuneration for the use of phonograms or films 
 
      1)   If commercially available phonograms or films are used for the purpose of broadcasting, rebroadcasting, public reception or presentation, th e performers shall have a right to appropriate 
remuneration.        2)   The producer of the medium thus u sed shall be entitled to an equitable share of the 
remuneration of the performers.  
      3)   The Government shall, by way of or dinance, lay down the apportionment formula. This shall 
be applied if the performers and producers of phonograms or films cannot agree on the share of 
remuneration pursuant to paragraph 2).        4)   Claims to remuneration can only be asserted by a collecting society approved in Liechtenstein 
(Articles 50 et seq ). 
       5)   Foreign performers and producers of  phonograms or films who do not have their habitual 
residence or registered office in Liechtenstein sha ll only have a right to remuneration if the State of 
which they are nationals or in which they have th eir registered office affords a corresponding right to 
Liechtenstein nationals. This provisi on shall not be applicable in rela tions with member states of the 
European Economic Area and with Switzerland. 
  
Article 42 
 
Rights of broadcasting organizations 
 
      A broadcasting organization shall have the exclusive right: 
 a)   to rebroadcast its broadcasts;  
b)   to make its broadcasts perceivable; 
 c)   to record its broadcasts on phonograms, vi deograms or data carriers and to reproduce such 
recordings;  
d)   to offer for sale, sell or otherwise di stribute the reproduced copies of its broadcasts. 
  
   IP/N/1/LIE/C/3 
 Page 17 
 
 
 Article 43 
 
Transfer of rights, enforcement and limitation of protection 
 
      The provisions of Articles 14, 18, 19, 21 and 22, Articles 25 to 31, and Article 36 shall apply 
mutatis mutandis  to the rights enjoyed by performers, phonogram and videogram producers and 
broadcasting organizations.  
Article 44 
 
Term of protection 
 
      1)   Protection shall begin with performan ce of the work by performer s, with production of the 
phonogram, with the recording of a phonogram or videogram for the first time or authorized 
publication or public communication thereof or with  the transmission of the broadcast; it shall end 
after 50 years. 
       2)   The term of protection shall be calculated as from December 31 of the year in which the event determining the calculation occurred.   
IV. Protection of databases 
  
Article 45 
 
Sui generis right 
 
      1)  The producer of a database for which a qualitatively or quantitatively su bstantial investment is 
necessary for the obtaining, verification or presentation of its contents, shall have the right to prohibit 
extraction and/or re-utilization of the whole or of a substantial part, evaluated qualitatively or 
quantitatively, of the contents of that database.        2)   The repeated and systematic extrac tion and/or re-utilization of insubstantial parts of the 
contents of the database implying acts which conflic t with a normal exploitation of that database or 
which unreasonably prejudice the leg itimate interests of the producer of  the database shall also not be 
permitted.        3)   For the purposes of this Chapter:  
a)   "extraction" shall mean the permanent or tem porary transfer of all or a substantial part of the 
contents of a database to another medium by any means or in any form;  b)   "re-utilization" shall mean any form of making available to the public all or a substantial part of 
the contents of a database by the distribution of copies, by renting, by on-line or other forms of 
transmission. The first sale of a copy of a datab ase within a member state under the Agreement on the 
European Economic Area by the rightholder or with his consent shall exhaust the right to control 
resale of that copy within the European Economic Ar ea. Public lending is not an act of extraction or 
re-utilization.        4)   The right referred to in paragraph 1 may be transferred, assigned or granted under contractual 
licence. IP/N/1/LIE/C/3 
Page 18  
 
  
      5)   The right provided for in paragraph 1 sh all apply irrespective of the eligibility of that database 
for protection by copyright or by other rights. Moreov er, it shall apply irrespective of eligibility of the 
contents of that database for protection by copyri ght or by other rights. Protection of databases under 
the right provided for in paragraph 1 shall be without prejudice to rights existing in respect of their 
contents. 
 
Article 46 
 
Beneficiaries 
 
      1)   The right provided for in Article 45 shall apply to databases whose producers or rightholders 
are nationals of a member state of the European Ec onomic Area or who have their habitual residence 
in the territory of the European Economic Area.  
      2)   Paragraph 1 shall also apply to comp anies and firms formed in accordance with the law of a 
member state and having their registered office, central administration or principal place of business within the European Economic Area; however, where such a company or firm has only its registered 
office in the territory of the European Economic Ar ea, its operations must be genuinely linked on an 
ongoing basis with the economy of a member state.  
 
Article 47 
 
Rights and obligations of lawful users 
 
      1)   The producer of a database which is made available to the public in whatever manner may not 
prevent a lawful user of the database from extract ing and/or re-utilizing insubstantial parts of its 
contents, evaluated qualitatively a nd/or quantitatively, for any purpo ses whatsoever. Where the lawful 
user is authorized to extract and/or re-utilize only pa rt of the database, this paragraph shall apply only 
to that part.  
      2)   A lawful user of a database which is made available to the public in whatever manner may not 
perform acts which conflict with normal exploitati on of the database or unreasonably prejudice the 
legitimate interests of the producer of the database.        3)   A lawful user of a database which is made available to the public in whatever manner may not 
cause prejudice to the holder of a copyright or neighboring right in respect of the works or subject 
matter contained in the database.        4)   Any agreements to the contrary shall be null and void. 
 
Article 48 
 
Exceptions 
 
     A lawful user of a database which is made av ailable to the public in whatever manner may, without 
the authorization of its producer, extract and/or  re-utilize a substantial part of its contents: 
 
a)   in the case of extraction for private purpo ses of the contents of a non-electronic database; 
 b)   in the case of extraction for the purposes of illu stration for teaching or scientific research, as long 
as the source is indicated and to the extent jus tified by the non-commercial purpose to be achieved;  IP/N/1/LIE/C/3 
 Page 19 
 
 
 c)   in the case of extraction and/or re-ulili zation for the purposes of public security or an 
administrative or judicial procedure.   
Article 49 
 
Term of protection 
 
      1)   The right in the database shall run fro m the date of completion of the making of the database. 
It shall expire 15 years after the date of completion. 
 
      2)   In the case of a database which is ma de available to the public in whatever manner before 
expiry of the period provided for in paragraph 1, th e term of protection by that right shall expire 15 
years following the date when the database was first made available to the public. 
 
      3)   Any substantial cha nge, evaluated qualitatively or quantitative ly, to the contents of a database, 
including any substantial change resulting from the accumulation of successive additions, deletions or 
alterations, which would result in the database being considered to be a substantial new investment, 
evaluated qualitatively or quantitativ ely, shall qualify the database resulting from that investment for 
its own term of protection. 
 
V. Exploitation of authors' rights and neighboring rights 
 
 
A. Collecting societies 
 
 
Article 50 
 
Collective exploitation 
 
      1)   The collective exploitation of author s' rights shall be effected by collecting societies. 
       2)   The Government may grant licences to foreign collecting societies or set up or grant a licence 
to a Liechtenstein collecting society. 
       3)   More detailed provisions shall be laid down by the Government by way of ordinance. 
  
Article 51 
 
Tariffs  
 
      1)   The collecting societies shall draw up tariffs for the remuneration that they collect. In this 
connection, exploitation for cultural and educational purposes shall be favoured. 
 
      2)   They shall be required to submit their tariffs to the Supervisory Authority for approval and to 
publish the approved tariffs.        3)   The collecting societies must not strive to make a profit of their own.  IP/N/1/LIE/C/3 
Page 20  
 
       4)   If more than one collecting society is admitted for the same sphere of exploitation, they shall 
agree on a joint tariff.   
Article 52 
 
Distribution 
 
      1)   The collecting societies shall be requi red to draw up distribution regulations and to submit 
them to the Supervisory Authority for approval. 
 
      2)  The collecting societies may pay out sums of money for the purpose of cultural promotion. 
More detailed provisions shall be laid down by the Government by way of ordinance. 
       3)   Parts of the proceeds of exploitation for the purpose of cultural prom otion shall be paid out in 
the Principality of Liechtenstein. The Superv isory Authority may stipulate exceptions. 
  
Article 53 
 
Cooperation of users 
 
      1)   Where it may reasona bly be expected of them, the users of works shall provide the collecting 
societies with all the necessary information for draw ing up and applying the ta riffs and for distributing 
the proceeds. The electronic transmission of data shall be permitted.  
      2)   Administrative compulsion pursuant to the Law relating to State Administration 
(Landesverwaltungspflegegesetz) may be ordered to implement the provisions of paragraph 1. 
       3)   The collecting societies sh all be obliged to preserve business secrets. 
  
B. Supervision 
  
Article 54 
 
Principle 
 
      1)   The activity of collecting societies in  the Principality of Liechtenstein shall be subject to 
supervision.        2)   Supervision shall be the responsibility of the Government; it may, subject to legal recourse to 
the Collegiate Government, delegate this power to  an official agency by way of ordinance. 
  
Article 55 
 
Obligation to provide information and render accounts 
 
      The collecting societies shall provide the Supervisory Authority with all information and make 
available all documents required to carry out the supe rvision, and shall also render accounts yearly in 
an activity report.  IP/N/1/LIE/C/3 
 Page 21 
 
 
 VI. Legal protection 
  
A. Civil law protection 
 
Article 56 
 
Action for declaratory judgment 
 
      Any person who proves a legal interest therein may apply to the court for a declaratory judgment 
on whether or not a right or a legal relationship subsists under this Law. 
  
Article 57 
 
Action for execution 
 
      1)   Whoever suffers or is likely to suffe r a violation of his copyright or neighboring right may 
request the courts: 
 a)   to prohibit an imminent prejudice;  b)   to remove an existing prejudice;  
c)   to require the defendant to state the origin of the unlawfully manufactured or marketed articles in 
his possession.        2)   He may further, under the General Civil Code (Allgemeines bürgerliches Gesetzbuch) or the 
Persons and Companies Act (Personen- und Gesellsch aftsrecht), institute proceedings for damages, 
redress or compensation for pain and suffering, a nd may also require the surrender of profits in 
accordance with the provisions on agency without authority.   
Article 58 
 
Confiscation in civil proceedings 
 
      1)   The court may order that the unlawfu lly manufactured or utilized articles in the possession of 
the defendant be confiscated, d estroyed or rendered unusable. 
 
      2)   The above shall not apply to executed works of architecture. 
 
Article 59 
 
Interim injunctions 
 
      1)   Any person who provides reasonable evidence that his copyright or neighboring right is 
infringed or is likely to be infringed and that the in fringement is likely to result in a prejudice for him 
that may not be readily made good may requ est that interim injunctions be ordered. 
 IP/N/1/LIE/C/3 
Page 22  
 
       2)   He may request, in particular, that the court order measures to secure evidence, to determine 
the origin of the unlawfully manufactured or marketed articles or to maintain the existing situation, or 
measures for the provisional execution of preventive and restraining injunctions.   
Article 60 
 
Publication of judgment 
 
      The court may order, at the request of the successful party, that the judgment be published at the 
cost of the other party. The court shall dete rmine the manner and extent of publication. 
  
B. Penal provisions 
 
 
Article 61 
 
Infringement of copyright 
 
      1)   At the request of the person whose rights have been infringed, any person shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding 360 daily rates who, 
intentionally and unlawfully:  a)   uses a work under a false designation or a designation that differs from that decided by the author;  
b)   publishes a work; 
 c)   alters a work;  d)   uses a work to create a derived work;  
e)   manufactures copies of a work in any manner; 
 f)   offers for sale, sells or otherwise distributes copies of a work;  g)   recites, performs or presents a work or makes a work perceivable in any other way either directly 
or with the help of any type of means; 
 h)   broadcasts a work by radio, television or a similar process, including electromagnetic waves, 
cable or other means of conduction, or rebroadcasts a broadcast work by means of technical installations the operator of which is not  the original broadcasting organization; 
 
i)   makes a broadcast or rebroadcast work perceivable; 
 k)   refuses to inform the responsible authority of  the origin of copies of a work in his possession that 
have been unlawfully manufactured or marketed;  
l)   hires out a work; 
 m)   digitalizes a work.   IP/N/1/LIE/C/3 
 Page 23 
 
 
       2)   Any person who commits an infringement of copyright by way of trade (§ 70 of the Criminal 
Code (Strafgesetzbuch)) shall be liable to impr isonment for a term not exceeding three years. 
Prosecution shall be conducted by the State Prosecution Service.   
Article 62 
 
Omission of source 
 
      Any person who intentionally omits to state the source that has been used where required by statute (Articles 27 and 31) and, where he is named ther ein, to give the name of the author shall at the 
request of the person whose rights have been infringed be liable to a fine of up to 5,000 francs, or if 
such fine cannot be collected to impris onment for a term not exceeding one month. 
  
Article 63 
 
Infringement of neighboring rights 
 
      1)   At the request of the person whose rights have been infringed, any person shall be liable to 
imprisonment for a term not exceeding one year or to a fine not exceeding 360 daily rates who, 
intentionally and unlawfully: 
 a)   broadcasts the performance of a work by radio, television or a similar process, including 
electromagnetic waves, cable or other means of conduction;  
b)   records a performance of a work on a phonogram, videogram or other data carrier; 
 c)   offers for sale, sells or otherwise distri butes reproduced copies of a performance of a work; 
 d)   rebroadcasts a broadcast performance of a work by means of technical installations the operator of 
which is not the original broadcasting organization; 
 
e)   makes a broadcast or rebroadcast performance of a work perceivable;  f)   reproduces an image carrier, phonogram or videogr am and offers for sale, sells or otherwise 
distributes or hires out the reproduced  copies. 
 
g)   rebroadcasts a broadcast;  h)   records a broadcast on a phonogram, videogram or other data carrier;  i)   reproduces a broadcast fixed on a phonogram, vide ogram or other data carrier or distributes the 
reproduced copies; 
 k)   distorts or abridges an image carrier or videogram;  l)   refuses to inform the responsible authority of the origin of the carriers incorporating a performance 
protected under Articles 37, 39, 40 or 42 in his possession that have been unlawfully manufactured or 
marketed.  IP/N/1/LIE/C/3 
Page 24  
 
       2)   Any person who commits an infringement  of neighboring rights by way of trade (§ 70 of the 
Criminal Code) shall be liable to imprisonment for a term not exceeding three years. Prosecution shall 
be conducted by the State Prosecution Service.   
Article 64 
 
Infringement of rights in databases 
 
      1)   At the request of the person whose rights have been infringed, any person shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding 360 daily rates who, 
intentionally and unlawfully:  a)   extracts or re-utilizes the whole or a substan tial part, evaluated qualitativ ely or quantitatively, of 
the contents of a database; 
 
b)   repeatedly and systematically extracts and/or  re-utilizes insubstantial parts of the contents of a 
database within the meaning of Article 45, 2).  c)   causes prejudice to the holder of a copyright or neighboring right in respect of the works or subject matter contained in the database. 
 
      2)   Any person who commits an infringement of rights in databases by way of trade (§ 70 of the 
Criminal Code) shall be liable to imprisonment for a term not exceeding three years. Prosecution shall 
be conducted by the State Prosecution Service.  
 
Article 65 
 
Unauthorized assertion of rights 
 
      Any person who asserts copy right or neighboring rights the expl oitation of which is subject to 
Government supervision without the necessary author ization shall be liable to imprisonment for a 
term not exceeding three months or to a fine not exceeding 180 daily rates.   
Article 66 
 
Responsibility 
 
      If offences are committed in the business activities of a legal entity, a general or limited 
partnership or an individual enterprise, the penal provisions shall be applicable to the persons who 
have or should have acted for them, but subject to the joint and several liability of the legal entity, 
company or individual enterprise in respect of the penalties and costs. 
  
Article 67 
 
Confiscation in penal proceedings 
 
      1)   If an offence has been committed, 
 a)   goods to which the offence relates, and  IP/N/1/LIE/C/3 
 Page 25 
 
 
  
b)   articles which have been or are intended  to be used for the commission of an offence 
 may be confiscated. § 26 of the Crim inal Code shall be applicable. 
 
      2)   Executed works of architecture may not be confiscated. 
       3)   The proceedings shall be in conformity  with the provisions of §§ 35 3 to 357 of the Criminal 
Procedure Code (Strafprozessordnung).  
 
Article 68 
 
Forfeiture of proceeds 
 
      1)   The proceeds of offences may, irresp ective of to whom they belong, be declared to be 
forfeited to the State. § 20 of the Criminal Code shall be applicable.       2)   The proceedings shall be in conformity  with the provisions of §§ 35 3 to 357 of the Criminal 
Procedure Code.   
Article 69 
 
Penal actions 
 
      The High Court of Liechtenstein (Landgerich t) shall have jurisdiction for penal actions under this 
Law. 
  
C. Measures relating to import and export 
 
Article 70 
 
Reporting of suspect consignments 
 
      The responsible authority shall be empowered to draw the attention of the owners of copyright or 
neighboring rights as also the attention of a collecting society approved in the Principality of 
Liechtenstein to specific consignments where there is  a suspicion that goods whose distribution within 
the country would infringe copyright or neighbori ng rights are about to be imported or exported. 
  
Article 71 
 
Request for assistance 
 
      1)   Where the holders of copyright or ne ighboring rights have reason to believe that goods whose 
distribution within the country would infringe co pyright or neighboring rights are about to be 
imported or exported, they may request the responsib le authority in writing to refuse the entry into 
circulation of the goods. 
       2)   The persons making such request must pr ovide all relevant particulars available to them that 
are required for the responsible authority to take a decision; this shall include a precise description of 
the goods. IP/N/1/LIE/C/3 
Page 26  
 
  
      3)   The responsible authority shall deci de on the request. It may charge a fee to cover the 
administrative costs. 
 
Article 72 
 
Withholding of goods by  the responsible authority 
 
      1)   Where the responsible authority has good reason to believe, following a request under Article 
71 that the import or export of goods infringes copy right or neighboring rights, it shall inform the 
person making the request thereof. 
       2)   To enable the person making the re quest to obtain interim injunctions, the responsible 
authority shall withhold the goods concerned for ten working days at most as from the date of the communication under paragraph 1. 
 
      3)   Where justified by the circumst ances, the responsible authority may withhold the goods 
concerned for an additional period of ten working days at most. 
       4)   If the withholding of the goods is likely to cause a prejudice, the responsible authority may require the person making the request to  furnish an appropriate security. 
 
      5)   The person making the request shall make good any damages arising from the withholding of goods if interim injunctions are not or dered or prove to be unjustified. 
  
Article 73 
 
Jurisdiction; international treaties 
 
      1)   The responsible authority within the meaning of Articles 70 to 72 shall be determined by the 
Government by way of ordinance. 
 
      2)   The Government may entrust the following with measures relating to import and export: 
 a)   individual official agencies of the State administration;  
b)   third parties. 
       3)   International treaties shall remain reserved. 
 
VII. Final provisions 
  
A. Execution and repeal of previous law 
 
Article 74 
 
Implementing regulations 
 
      The Government shall issue the ordinances required to implement this Law. 
  IP/N/1/LIE/C/3 
 Page 27 
 
 
  
Article 75 
 
Repeal of Laws 
 
      With the coming into force of this La w, the Law of 26 October 1928 concerning Copyright in 
Literary and Artistic Works, Liechtenstein State Gazette (Landesgesetzblatt) 1928, No. 12, and the 
Ordinance of 30 January 1996 concerning Specific Pr otected Rights relating to Intellectual Property, 
Liechtenstein State Gazette 1996, No. 31 are repealed.  
 
B. Transitional provisions 
 
Article 76 
 
Subject matter already protected 
 
      1)   This Law shall apply also to works, performances, phonograms and videograms and also 
broadcasts created prior to its entry into force;        2)   Where the use of a work, performance, phonogram, videogram or broadcast that is unlawful 
under this Law was previously permitted, it may be co mpleted if begun prior to the entry into force of 
this Law. 
 
Article 77 
 
Existing contracts 
 
      1)   Contracts concerning copyright or neighb oring rights concluded prior to the entry into force of 
this Law and orders issued on the basis of such contracts shall remain in effect in accordance with 
previous law, unless the contents thereof conflict with new law or are subject to new regulations 
thereunder. 
 
      2)   Unless otherwise agreed, such contract s shall not apply to rights first created by this Law. 
  
Article 78 
 
Expired copyright periods 
 
      1)   Copyright periods which have expired pr ior to the coming into force of this Law shall not be 
further revived even if such periods w ould have been longer under this Law. 
 
      2)   In relations with member stat es under the Agreement on the European Economic Area, 
copyright periods which under previous law have expi red prior to 1 July 1995 shall be revived with 
retrospective effect if, according to the provisions on  the term of protection pursuant to Articles 32 to 
35, they would not expire until after this date. Th is shall not apply to films and audiovisual works 
created before 1 July 1994. 
 
      3)   However, any person who, on the basis of the previous provisions on the term of protection 
which have been revived pursuant to paragraph 2), in good faith exploits or has commenced the 
exploitation of works which have become unprotected by  copyright, shall be entitled to continue to do 
so without payment of remuneration. IP/N/1/LIE/C/3 
Page 28  
 
 C. Entry into force 
 
Article 79 
 
      This Law shall enter into fo rce on the date on which it is announced. 
 
 signed  Hans-Adam II. von und zu Liechtenstein 
(Head of State) signed  Dr. Mario Frick 
(Head of Government)  
  
__________