Interpretation of the notion of "audiovisual work" in the context of art. 12 para. 1bis aLDA

Facts

Z. Inc. (the plaintiff) is co-author of the video game "Enter the Matrix". G. GmbH is authorized to distribute this game exclusively in Switzerland. X. AG (defendant 1) buys and sells video games, including "Enter the Matrix", to resellers in Switzerland, including Y. AG (defendant 2). The plaintiff brought an action against the defendants for infringement of its copyright on the video game "Enter the Matrix".

The cantonal court rendered a partial judgment on September 26, 2006, ordering the defendants to provide information and account for the video games "Enter the Matrix" they had purchased and sold. The defendants appealed this judgment to the Federal Court.

Considerations

The Federal Court examined the interpretation of the notion of "audiovisual work" in the context of art. 12 para. 1bis aLDA. The defendants argued that video games and electronic games are not covered by this notion, while the plaintiff claimed that video games are audiovisual works.

The Federal Court applied a teleological method of interpretation, taking into account the legislator's objective and the context in which the provision was adopted. It found that the main objective of art. 12 para. 1bis aLDA was to protect cinematographic films against parallel imports and to preserve the exploitation cascade of films.

The Federal Court also examined the preparatory work of the law and found that the legislator intended to…