Facts
The dispute opposes Bernard Henrion, owner of the individual company 'Gold Records', to the company BMG Ariola (Suisse) AG, which distributes audio media of the 'Radio Corporation of America' (RCA) brand. In 1987, Bernard Henrion launched a sales campaign for audio media, including the CD 'Just Elvis', whose producer presents itself under the name 'LOR-DISC'. The company BMG Ariola (Suisse) AG intervened, arguing that these audio media were illegal copies. Both parties initiated a judicial procedure.
The court of first instance prohibited the company BMG Ariola (Suisse) AG from stating that Bernard Henrion or 'Gold Records' were involved in audio media piracy activities. The company appealed, but the court of appeal dismissed its appeal. The company then filed a request for revision, which was dismissed by the Federal Court.
Considerations
The Federal Court examined the question of the duration of protection for phonogram producers' performances. The Copyright Act (CopA) does not explicitly provide for a duration of protection for phonogram producers. However, the Federal Court considered that the duration of protection should be determined based on the principles of copyright and related rights protection.
The Federal Court recalled that the rights of phonogram producers are of a wettbewerbsrechtlicher nature, i.e. they aim to protect fair competition. However, it also considered that the protection rules resulting from special laws, such as the CopA, take precedence over those of unfair competition law.
The Federal Court decided that the duration of protection for phonogram producers' performances should be 50…