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Knowledgebase
Prolitteris: What Companies in Switzerland (and the D-A-CH Region) Need to Know About Obligations, Calculation, Exceptions, and Appeals
Karin Gray, Associate
29.08.2025
Table of contents
- What is Prolitteris – and why am I receiving an invoice?
- Is a ProLitteris obligation applicable even without actual copies?
- How is the ProLitteris fee calculated according to GT 8?
- Comparison Table 1: Sector Rates and Exemptions (Excerpt, Companies)
- Data Table 1: Media Monitoring and Caps
- Who must pay ProLitteris – are there ProLitteris exceptions?
- Data Table 2: Administration (Federal/Cantons/Municipalities)
- Comparison Table 2: Calculation Examples (Companies)
- How does ProLitteris payment work for libraries, media monitoring, and copy-shops?
- Data Table 3: Copy-Shops – Remuneration per Device/Year
- Comparison Table 3: Exception "No Copying Device," Exemption Threshold, Minimum Remuneration, Cap
- How reporting, assessment, objections – and surcharges work
- Data Table 4: Deadlines, Surcharges, Fees (GT 8)
- Comparison Table 4: Third Parties – Billing Logic Overview
- Is ProLitteris fraud? How to verify the authenticity of a claim?
- Which legal bases and supervisory mechanisms ensure neutrality and transparency?
- Typical points of dispute – and how companies can file objections objectively
- Three Expert Tips (Practical and Case-Based)
- Data/Specifications (Summary)
- Practice: Which documents should you have ready?
- How were the current rules negotiated and approved?
- Checklist for ProLitteris Payment – in Five Steps
- Frequently Asked Questions – Key Points
- Note on the keyword BGE 129 III 721
- FAQ on ProLitteris
What is Prolitteris – and why am I receiving an invoice?
Prolitteris is a Swiss collective management organization authorized by the federal government. It collects statutory remuneration for copying, storing, and internally making copyrighted texts and images accessible, and distributes it to rights holders. ProLitteris is supervised by the Swiss Federal Institute of Intellectual Property (IGE) and operates within a regulated system alongside SUISA, SUISSIMAGE, SSA, and SWISSPERFORM. The authorization governs, among other things, equal treatment, acting according to fixed rules, and the non-profit requirement.
Invoices to companies are based on the Common Tariff 8 (GT 8). This tariff was negotiated between user associations and collective management organizations and was approved on 02.12.2022 by the Swiss Arbitration Commission (ESchK); it has been effective since 01.01.2023 (Switzerland and Liechtenstein).
Invoices to companies are based on the Common Tariff 8 (GT 8). This tariff was negotiated between user associations and collective management organizations and was approved on 02.12.2022 by the Swiss Arbitration Commission (ESchK); it has been effective since 01.01.2023 (Switzerland and Liechtenstein).
Is a ProLitteris obligation applicable even without actual copies?
Yes. The IGE states that for internal company information and documentation, a remuneration is owed; it is set on a flat-rate basis using assumptions. A claim exists as soon as the possibility to make copies exists (e.g., because printers/scanners are available) – regardless of proof of individual copying actions.
How is the ProLitteris fee calculated according to GT 8?
GT 8 differentiates by user groups. For administrations and companies, the basic remuneration is decisive; additionally, a media monitoring fee may apply. Core principle: CHF x per position (full-time equivalent), rounded up. Different sectors have different rates and, in some cases, exemptions. Minimum fees, caps, and special rules are regulated.
Formula (Companies)
Basic remuneration = (Number of positions, rounded up) × (Sector-specific rate per position) – consider exemptions; minimum remuneration CHF 32; from the 1001st position CHF 3.20 per position. Media monitoring: CHF 4.50 per position with access to one or more media monitoring services.
Comparison Table 1: Sector Rates and Exemptions (Excerpt, Companies)
| Sector/Industry (GT 8 Sec. 3.3) | Base Fee per Position (CHF) | Exemption Threshold (Positions) |
|---|---|---|
| Industry/Trade (various sectors) | 3.20 | 14 |
| Banks, other financial institutions, leasing | 5.20 | – |
| Insurance companies, health insurers | 5.20 | – |
| Lawyers, notaries, fiduciary, auditing, debt collection, management consulting, property management | 8.20 | – |
| IT, hospitals, doctors, associations, culture/libraries (depending on section) | 5.20 | – |
| Retail, wholesale, transport/traffic | 3.20 | 14 |
| Energy/Water Supply | 5.20 | 14 |
| Sports organizations, sports facilities, hairdressers | 5.20 | 14 |
| Telecommunications providers | 3.20 | – |
| Other service companies | 5.20 | – |
Source: GT 8, Table of Sectors and Industries.
Data Table 1: Media Monitoring and Caps
| Item | Rule |
|---|---|
| Media monitoring fee | CHF 4.50 per position/year with access to the media monitoring |
| Media monitoring cap (companies) | +10% cap compared to 2020, max. 110% of the fee paid in 2020 |
| Exceptions | No cap if the invoice < CHF 100 |
Legal Basis: GT 8 Sections 3.5–3.7; 6.1–6.3.
Who must pay ProLitteris – are there ProLitteris exceptions?
Categories subject to payment
- Companies and administrations: as soon as copying/scanning capabilities exist (paper and digital).
- Third parties (libraries, media monitoring services, copy shops) if they produce reproductions or provide devices for rights holders – with their own calculation logic (see below).
Exceptions in GT 8
- “No copying device”: The basic fee is waived or halved if it is declared truthfully and within the deadline that no devices for paper and/or digital copying are available (separate form, observe deadlines).
- Exemption threshold: Many sectors have an exemption threshold up to 14 positions; small companies below this threshold do not pay the basic fee (minimum fee may apply). Sectors without an exemption pay from the first position.
- Minimum fee: CHF 32.00 per year if the product “positions × rate” is lower.
Data Table 2: Administration (Federal/Cantons/Municipalities)
| Entity | Example Calculation |
|---|---|
| Federal (e.g., Federal Administration, SUVA, Justice) | Flat rate per position (e.g., 3.20; 5.20; 8.20) |
| Cantons/Municipalities |
Flat rate per inhabitant; Municipalities up to 1,000 inhabitants: CHF 140 1,001–10,000: CHF 279 10,001–20,000: CHF 558 … from 750,001: CHF 46,006 |
Source: GT 8, section 3.2 (Tables Federal/Cantons/Municipalities)
Comparison Table 2: Calculation Examples (Companies)
| Case | Sector | Positions (rounded) | Exemption Threshold | Rate/Position (CHF) | Base Fee (CHF) |
|---|---|---|---|---|---|
| Micro GmbH (5 positions) | Other Services | 5 | – | 5.20 | 26.00 → Minimum fee 32.00 applies |
| SME (12 positions) | Retail | 12 | 14 | 3.20 | 0.00 (below exemption threshold) |
| Consulting AG (18 positions) | Lawyers / Fiduciary / Audit | 18 | – | 8.20 | 147.60 |
| Industrial Company (30 positions) | Mechanical Engineering | 30 | 14 | 3.20 | (30×3.20)=96.00 |
| Group Unit (1,050 positions) | Any | 1,050 | – | 3.20 | (1,000×rate) + (50×3.20); from 1001st position 3.20 per position |
Source: GT 8, section 3.3 (including minimum fee / 1001-rule)
How does ProLitteris payment work for libraries, media monitoring, and copy-shops?
Third parties (GT 8 Section 4)
- Billing is based on the number of copies at a price of CHF 0.035 per reproduction (per copy/document page or audiovisual copy), multiplied by a relevant share of third-party works (libraries: documentation services 70%, others 35%; media monitoring services 75%; others 35%).
- University libraries: proportional application of GT 8/GT 7 depending on the university share.
Data Table 3: Copy-Shops – Remuneration per Device/Year
| Device Class | Technical Performance | Remuneration (CHF/Year) |
|---|---|---|
| A | up to 45 copies/minute | 180 |
| B | 46–69 copies/minute | 360 |
| C | 70–105 copies/minute | 477 |
| D | from 106 copies/minute | 783 |
Source: GT 8 Section 4.5
Comparison Table 3: Exception "No Copying Device," Exemption Threshold, Minimum Remuneration, Cap
| Instrument | Effect | Requirements / Limits | Source |
|---|---|---|---|
| “No Copying Device” | Base remuneration is waived / halved | Submitted on time, signed form; no devices available for paper and/or digital copies | GT 8 Sec. 3.4, 7.3 |
| Exemption Threshold | Zero charge up to 14 positions (depending on sector) | Does not apply in sectors marked “–” (e.g., lawyers/trustees/auditing) | GT 8 Sec. 3.3, Table |
| Minimum Remuneration | Lower limit CHF 32.00 | Applies if (positions × rate) < 32 | GT 8 Sec. 3.3(c) |
| Capping | Max. +10 % vs. 2020 (base and media remuneration) | No capping for merger cases >10% staff increase; no capping if < CHF 100 | GT 8 Sec. 5–6 |
How reporting, assessment, objections – and surcharges work
Reporting obligation and deadlines
The user must submit the necessary data completely and on time upon request. If data are missing, the society sets a grace period. If no correct report is submitted, ProLitteris may make an assessment and charge accordingly.
Objection and surcharges
- Objection to assessment:Deadline-bound; after a recognized objection, regular billing is applied. Without a justified and timely objection, the assessment and remuneration are considered binding.
- Surcharge:For the assessment, the user owes +10%, minimum CHF 100.
- Audit / Examination:In case of a sample check or doubts, an independent expert may examine the data; if the remuneration deviates to the user’s disadvantage by >10%, the user bears the audit costs.
- Invoicing / Payment:Annual invoice after completion of the procedure; 30-day payment term; reminder fee CHF 10; VAT charged separately.
Data Table 4: Deadlines, Surcharges, Fees (GT 8)
| Item | Rule |
|---|---|
| Grace period for missing report | Period to remedy deficiencies; invoice follows |
| Assessment by ProLitteris | Permissible; classification as "Other service companies" possible |
| Surcharge for assessment | 10% of the fee, min. CHF 100 |
| Audit costs | Paid by the user if deviation > 10% to their disadvantage |
| Payment | 30 days; reminder CHF 10; VAT separate |
Source: GT 8 Sections 7–8
Comparison Table 4: Third Parties – Billing Logic Overview
| Category | Billing basis | Relevant share |
|---|---|---|
| Libraries | CHF 0.035/copy × number of copies × share | 70% (documentation services), otherwise 35% |
| Media monitoring services | CHF 0.035/copy × number of copies × share | 75% |
| Other | CHF 0.035/copy × number of copies × share | 35% |
| Copy shops | per device/year (A–D) | – |
Source: GT 8 Sections 4.2–4.5
Is ProLitteris fraud? How to verify the authenticity of a claim?
No. ProLitteris is federally licensed and supervised by the Swiss Federal Institute of Intellectual Property (IGE); tariffs are approved by the Swiss Federal Copyright Commission (ESchK). Invoices are based on legal flat rates; a claim arises as soon as copying is possible. Verification steps:
- Check the sender is “ProLitteris”
- Reference to GT 8
- Reporting request / assessment logic according to the tariff
- UID identification of the company
- If in doubt, the IGE website provides information on the role of collecting societies.
Which legal bases and supervisory mechanisms ensure neutrality and transparency?
- Authorization / Supervision (IGE): Contents of the license (equal treatment, fixed rules, non-profit, approval of distribution regulations)
- Tariff supervision (ESchK): GT 8 was approved in 2022 (decision 02.12.2022). Annual reports list applicable tariffs and practices.
- External audit (Swiss Federal Audit Office – EFK): Audits the supervision of collecting societies; reports are published.
Typical points of dispute – and how companies can file objections objectively
Common problem areas:
- Industry classification:Incorrect classification leads to a wrong “rate per position” or loss of the exemption threshold. Supporting evidence of the main activity is helpful.
- Number of positions / rounding:Unclear FTE calculations, rounding issues, or corporate group structures. Clarify and document carefully.
- “No copying device”:Exception reported too late or incorrectly; mobile devices overlooked. Strictly adhere to deadlines and form requirements.
- Media monitoring:Access to media monitoring assumed incorrectly; differentiate internal vs. external usage.
- Assessment / surcharge:Late or missing reporting triggers a 10% surcharge (minimum CHF 100); audits are conducted in case of discrepancies.
Formal procedure for raising an objection
- Submit a reasoned objection within the given deadline, including complete data and supporting documents (FTE listing, equipment inventory, media monitoring access).
- Provide proof of the correct industry; for mixed-activity companies, document the main focus.
- Deadlines: reporting period → grace period → assessment → objection deadline; if missed, the assessment is considered binding.
Three Expert Tips (Practical and Case-Based)
- Micro-Enterprise Without Devices (use ProLitteris exception)Keep an inventory showing no devices (printers/copiers/scanners, including mobile devices). Submit the “No Copying Device” form on time and signed. Check whether external service providers make copies for you, as in that case the rules for third parties may apply.
- Consulting/Law Firm (Industry Without Exemption Threshold)For lawyers, fiduciaries, and auditing firms, the exemption threshold does not apply; CHF 8.20 per position is charged from the first FTE. Verify FTE rounding and media monitoring access per workstation to avoid declaring any position twice.
- Companies with Media MonitoringDocument access rights to media monitoring services and apply the capping rule if applicable (maximum 110% compared to 2020). Check whether database tools actually constitute a media monitoring service as defined in GT 8.
Data/Specifications (Summary)
- Paper and digital copies are covered under GT 8 for internal purposes (including scans, storage, and internal access). Only excerpts from commercially available works are permitted; entire works are allowed only in special areas (art/sheet music) according to section 2.4.
- Media monitoring: periodic or continuous compilation (push/pull), including online contributions and TV/radio transcripts; CHF 4.50 per position.
- Caps: base remuneration and media monitoring for companies are limited to 110% of the 2020 annual amount (exceptions apply).
- Enforcement: factoring/assignment is possible; reminder fee CHF 10; annual license effect retroactive from the beginning of the year upon payment.
Practice: Which documents should you have ready?
- Organizational chart & activity profile (for industry classification).
- FTE proof per calendar year (rounded; positions above the exemption threshold count fully).
- Equipment inventory (printers/copiers/scanners, including mobile devices; for the “No Copying Device” exception).
- Access lists for media monitoring (per person/per position).
- Previous year’s data (as of 31 December) for comparison/cap purposes.
How were the current rules negotiated and approved?
GT 8 (2023–2027) is the result of several years of negotiations between user associations (e.g., sgv, DUN, viscom, etc.) and the collecting societies. The ESchK approved the new tariff on 2 December 2022. ProLitteris provides an official memo on GT 8; the ESchK documents practice and decisions in annual reports.
Checklist for ProLitteris Payment – in Five Steps
- Check your industry and correct if necessary (provide proof of main focus).
- Determine the number of positions (FTE), round up, and observe the exemption threshold. Verify the minimum payment of CHF 32.
- Record media monitoring access per position (CHF 4.50 per position).
- Declare the “No Copying Device” exception in a timely and proper manner, if applicable.
- Observe deadlines; if an assessment is issued, file a timely objection to avoid the 10 %/CHF 100 surcharge.
Frequently Asked Questions – Key Points
- Who must pay ProLitteris?All organizations with the ability to make copies/scans for internal purposes (paper/digital).
- When does the ProLitteris exception apply?Only in cases of “No Copying Device” (formal declaration) or below the exemption threshold, depending on the industry.
- How high is the ProLitteris fee?Industry rate × positions (rounded) +, if applicable, media monitoring (CHF 4.50 per position). Minimum payment CHF 32.
- What are the chances of a successful objection?Good if supported with evidence (industry, positions, devices, media monitoring) and submitted on time. Missed deadlines lead to binding assessment and surcharge.
- Is ProLitteris a scam?No, it is an authorized collecting society under IGE supervision; tariffs are approved by the ESchK.
Note on the keyword BGE 129 III 721
The flat-rate payment obligation recognized in practice is based on law (URG) and has been confirmed in case law. For practical purposes, the IGE guideline suffices: the entitlement to remuneration exists as soon as copying is possible; the tariff logic is flat-rate.
Author: Karin Gray, Associate
Core sources: IGE (supervision, authorization, collecting societies), ESchK (tariff decision 02.12.2022), GT 8 (2023–2027) including tables/deadlines/caps, ProLitteris user information/FAQ.
Disclaimer: This article does not replace legal advice. Decisions should be made based on the specific operational circumstances and the applicable current tariffs/decisions.
Core sources: IGE (supervision, authorization, collecting societies), ESchK (tariff decision 02.12.2022), GT 8 (2023–2027) including tables/deadlines/caps, ProLitteris user information/FAQ.
Disclaimer: This article does not replace legal advice. Decisions should be made based on the specific operational circumstances and the applicable current tariffs/decisions.
FAQ on ProLitteris
ProLitteris is a Swiss collecting society for texts and images. It collects statutory remuneration (e.g., under the Common Tariff 8) and is supervised by the IGE; tariffs are approved by the ESchK.
All companies and administrations are required to pay as soon as internal copying/scanning/storage is possible (paper and digital) – regardless of proof of individual copies. Basis is GT 8 (2023–2027).
Formula: FTE (rounded up) × rate per position per industry; media monitoring may be added. Examples: CHF 3.20 / 5.20 / 8.20 per position (depending on industry); minimum fee CHF 32; from the 1001st position CHF 3.20.
Media monitoring = regular compilation of contributions (print/online/TV/radio, including transcripts) for internal use. Flat rate CHF 4.50 per position with access – regardless of number of contributions/monitors.
Yes: “No copying device” (paper and/or digital) → base fee is waived or halved (formal and timely declaration). Many industries have a threshold of up to 14 positions; others have no threshold (e.g., law/tax/audit sectors).
You must provide the requested data completely and on time. If missing, ProLitteris may estimate; a 10% surcharge (min. CHF 100) applies, and classification as “other service companies” is possible.
After notification of the estimation, the society sets an objection period; if the user submits data timely and properly, regular billing applies. Without a justified objection, the estimation and remuneration are binding.
No. ProLitteris is legally authorized (supervised by IGE), tariffs are approved by the ESchK and officially published. Claims are based on statutory license and approved GT 8.
1) Check industry/rate. 2) Round FTE correctly. 3) Observe threshold (14). 4) Count media monitoring accesses (CHF 4.50 per position). 5) Cap: max. 110% compared to 2020 (exceptions apply).
Billing based on number of copies × CHF 0.035 and relevant share (libraries 70%/35%; media monitoring 75%). Copy shops: device categories A–D (CHF 180–783/year) per device.
Private use (internal information/documentation) is legally allowed; remuneration obligation exists (Art. 19 ff. URG). GT 8 specifies fees and conditions.
No. There are comparable systems, but separate societies/tariffs. For Swiss sites, GT 8 applies; foreign locations must follow their national rules separately.
Indicates regulatory oversight: ProLitteris is authorized, supervised by IGE; tariffs approved by ESchK. Ensures legal certainty and equal treatment.
Case law exists on tariffing/private use; the statutory license (URG) and ESchK GT 8 decisions are decisive. Referencing depends on the case; check the decision in context.
Invoices due within 30 days; reminder fee CHF 10; fees exclude VAT. Payment grants a retroactive annual license from the start of the year for uses allowed under the tariff.
In case of sampling/doubts, an independent expert may review data. >10% deviation to the user’s disadvantage → user bears audit costs.
Rate per position varies by industry (e.g., industry CHF 3.20; banks/insurance CHF 5.20; law/tax/audit CHF 8.20). Some have a 14-position threshold; others none.
Yes. Even sole proprietors without income and staff count as 1 position and are generally liable (subject to exceptions/threshold/minimum fee).
After payment of the annual fee, the license applies retroactively from the start of the year; GT 8–permitted uses are covered.
Principle: only excerpts from commercially available works. Exceptions: visual art and sheet music – GT 8 contains specific rules. External publication remains prohibited.