Use of a film recording of an actor for advertising purposes without their consent

Facts

Actor A. appeared in the feature film "Bäckerei Zürrer". The defendants B. Film AG and C. Advertising Agency AG used a scene from this film in commercials for the "Malbuner" brand of meat products without the consent of A. and the Swiss Performers' Society SIG (Plaintiff 2). A. and SIG filed a lawsuit against the defendants with various claims.

Considerations

The Federal Supreme Court decided as follows

The related rights under Art. 33 et seq. CopA belong jointly to the persons participating in the performance of a work. They can only assert claims for the infringement of these rights jointly. An analogous application of Art. 7 para. 3 CopA, which grants each co-author independent standing to sue, is not possible for Art. 34 CopA.

The use of the plaintiff A.'s film recording for advertising purposes without his consent violates his personality rights. However, the special legal norms of the CopA exclude claims from the…