Streaming and downloading offers

Jurisprudence generally accepts that uploading, i.e. making available protected works on the internet, is only allowed with the consent of the rightholders (authors and publishers, or their rights management organisations, as well as record producers). Users of file-sharing sites who do not obtain such consent are acting unlawfully. The prevailing view, however, is that private downloading in Switzerland is allowed – even if the music was unlawfully offered. Since there is no legal precedent so far, the question has not been conclusively decided yet (in Germany, for example, downloading music files that are “clearly” from illegal sources is prohibited and also prosecuted).

In practice, the question rarely arises in this form because if you download music using a relatively recent P2P programme, the titles stored on your hard disk will automatically be made available online. This is illegal and you may be exposing yourself to prosecution unless you obtain the necessary licences. Besides, P2P sites are one of the main reasons for the steep decline in record sales; they damage the music industry and jeopardise the livelihood of authors and performers. When you engage in P2P file-sharing, you harm the very artists you love.