ProLitteris: Legal Obligation or Misunderstood System under Swiss Copyright Law

ProLitteris operates under the Swiss Copyright Act (URG) and the Ordinance on Remuneration for Copyright and Related Rights (URV). Articles 19 and 20 URG form the core legal foundation for the obligation to pay remuneration for certain uses of protected works, particularly copying (reprography) in non-private settings.

Under Article 20(2) URG, companies, educational institutions, and public administrations that possess copying or scanning equipment capable of reproducing protected works must contribute to a statutory remuneration scheme, irrespective of actual use. This principle is upheld by the Federal Supreme Court in BGE 129 III 721, which confirms that the system functions based on a presumption of use and statistical relevance, not case-by-case proof.

ProLitteris is the only officially recognised Verwertungsgesellschaft (collecting society) in Switzerland mandated to manage literary and visual rights, including text, photography, and illustration. It is a private cooperative (Genossenschaft), not a government entity, but operates under a federal licence issued by the IGE for a fixed term (e.g., 2023–2027).

Its main tasks include:

• Collecting levies based on approved tariffs (notably Common Tariff 8) from companies and institutions;
• Distributing these funds to registered authors, photographers, and artists in Switzerland and abroad;
• Cooperating with foreign collecting societies (e.g., VG Wort, ADAGP);
• Verifying declarations of exemption where appropriate.

Any Swiss-based organisation or enterprise must pay a ProLitteris levy if it:

• Possesses reprographic devices (printers, copiers, scanners);
• Employs staff who may reasonably be expected to reproduce protected works internally;
• Does not qualify for an approved exemption.

The obligation applies regardless of whether protected content is actually copied. This presumption is essential to the functioning of the system, as confirmed by jurisprudence.

The levy amounts are set through negotiation between user associations and ProLitteris, then officially approved by the Federal Arbitration Commission (ESchK). The principal applicable model is Common Tariff 8 (GT 8), which uses company size (number of employees) as a basis for determining payment levels.

For example:

No. ProLitteris is a legitimate and legally mandated collecting society. However, the formal tone of its invoices and the broad application of tariffs can lead to confusion or scepticism, particularly among small businesses. This has been exploited by fraudsters sending fake invoices.

To distinguish genuine claims:

• Confirm the sender's address matches official details: https://www.prolitteris.ch
• Check bank account details and IBAN for authenticity;
• When in doubt, contact ProLitteris or the IGE directly.

Exemptions are strictly limited. You may qualify only if:

• No copying or scanning devices are available or accessible;
• All reproduction is limited to self-created works, with no external content used;
• A formal declaration is submitted and accepted, under Article 3 URV.

Important: Merely declaring that protected content is "not used" is not sufficient. The legal system operates under a model of presumed use due to the impossibility of monitoring all copying activities.

Criticism of ProLitteris often centres on:

• Lack of transparency in individual remuneration distribution;
• Flat-rate levies that treat minimal users and heavy copiers similarly;
• Administrative burdens for micro-enterprises.

These criticisms target the collective compensation framework, not necessarily the organisation itself. However, public debate continues.

Although ProLitteris is a private entity, it operates under federal supervision. The IGE (Swiss Federal Institute of Intellectual Property) oversees its compliance with neutrality, transparency, and non-profit obligations. Tariffs must be negotiated and approved under transparent procedures.

Additionally, the Federal Audit Office (EFK) regularly reviews the financial operations and governance of Swiss collecting societies.