Within the legal framework basically those who make the legally protected works available on a server accessible over the internet are responsible for the use of music in the internet and other protected works (such as films, pictures etc.). Anyone who controls the content of a website is responsible and must obtain the necessary licenses. Also those who indirectly contribute to, tolerate or benefit from a copyright infringement (so-called "interfering persons"; e.g.: service providers) may possibly be bound to omit or remove such copyright infringements. However, the liability for damages requires intention or negligence (Article 41 of the Swiss Code of Obligations).
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