PLR in Switzerland

switzerland

The current Federal Copyright Law (URG) was completely revised in 1993. Article 13
URG regulates rental rights for copies of works. This article provides that authors of
literary or artistic works are entitled to remuneration when their works are rented out
or otherwise made available against payment. This rule does not apply to works of
architecture, works of applied arts or to software programs. The Copyright Law also
provides that remuneration claims may only be asserted by approved collecting
societies. These societies and the main associations of users negotiate tariffs which are
then submitted to the Federal Arbitration Commission for approval. Thereafter, the
tariffs are applicable to all users.

Two such Common Tariffs, as they are known, are currently in effect: the first
concerns video rental in videotheques and applies primarily to works on analog or
digital phonograms and sound and video carriers such as CDs, DVDs, videotapes,
music cassettes, etc. The second tariff applies to the lending of works by libraries of
which the lion’s share are books with protected works. The responsible collecting
societies (SUISA for videotheques and ProLitteris for libraries) collect the
corresponding remuneration based on the applicable tariff and distribute it to rights’
holders in accordance with each society’s regulations.

The Copyright Law is now undergoing partial revision in Switzerland, primarily with a
view to implementing into national law the two WIPO treaties (WCT and WPPT)
concluded in 1996. In the course of the revision, rights’ holders brought several
“motions” before the Swiss Parliament seeking to introduce additional entitlements
into the revised law. These include the demand for a comprehensive public lending
right. Such a lending right would improve the position of rights’ holders, ensuring
them equitable remuneration for the use of their protected works. Basically, it is a
matter of bringing Swiss copyright law into line with the efforts made abroad – in
particular in the EU – to extend the existing rental right to include a lending right. The
motion has not been definitively debated and is strongly contested by libraries and
library federations. Unfortunately, the preliminary draft revision did not contain a
provision on public lending rights. The parliamentary debate on the final bill is
expected to start in the first quarter of 2006.

The situation in the Principality of Liechtenstein is completely different: the copyright
law there is also under partial revision, the main objective being to bring it into line
with EU legislation. Accordingly, provisions on a public lending right are expected to
be introduced next year already. In its capacity as the approved collecting society for
Liechtenstein, ProLitteris will be responsible for the administration of the public
lending right in the Principality.