ProLitteris: Mandatory Payment or Option? Swiss Copyright Explained

ProLitteris – the name alone is enough to cause unease among many Swiss businesses. Every year, countless letters and invoices are dispatched by the Swiss Cooperative for Literary and Artistic Copyrights, raising concerns: Who must pay ProLitteris? and Is payment mandatory or is it a scam?

An objective analysis reveals: behind the demands lies solid legislation – but also notable uncertainties and communication shortcomings.

ProLitteris is a copyright collective management organisation officially recognised by the Swiss Confederation.
Its mission is to secure fair remuneration for authors, artists, and photographers when their works are copied, scanned or otherwise reproduced (see Articles 13 and 20 of the Copyright Act (URG)).

The Swiss Copyright Act (URG) protects intellectual property while allowing certain reproductions for private use under specific conditions (see Article 19 URG).

Such freedom is, however, subject to a collective compensation system organised through entities like ProLitteris.

The fundamental question remains: Who must pay ProLitteris?

According to the applicable law, any business, law firm, trustee, educational institution, or administration that possesses devices capable of reproducing copyrighted works must pay a levy (see Article 20 para. 2 URG) – even if such use is infrequent.

The obligation is based not on actual usage, but on the mere presence of copying equipment.

The duty to pay arises from the Swiss Copyright Act (URG) and collective tariffs negotiated with user associations and approved by the Federal Arbitration Commission (ESchK) (see ESchK).

One of the key tariffs is the Common Tariff 8 (GT 8), regulating copying levies for business use (see Common Tariff 8 – 2025).

The fee usually depends on the number of employees and the type of copying devices installed.

Given the rise in fraud attempts using the names of legitimate organisations, one may wonder: Is ProLitteris a scam?

The evidence is clear:
The real ProLitteris operates from Zürich, using official addresses and certified bank references.
However, as NZZ reports, the mass distribution of highly standardised invoices has led even bona fide recipients to express doubts.

More personalised and transparent communication could certainly enhance trust.

Some recipients may be tempted to ignore the invoice. But what happens if you do not pay ProLitteris?

The answer is unequivocal: ProLitteris is legally entitled to pursue unpaid claims through legal proceedings (see Article 69 URG).

Given the solid legal framework, the chances of successfully contesting an invoice are generally low.

Exemptions are possible under certain conditions:
• No copying devices present
• No usage of copyrighted material
• Exclusive creation and reproduction of one’s own original works

An official declaration must be submitted (see Article 3 URV), and ProLitteris reserves the right to verify the claims through random checks.

The principle of securing fair remuneration for creators is legally and morally undisputed.
Yet ProLitteris’ practical implementation raises concerns, particularly regarding the undifferentiated treatment of small and large users alike.

Trust is built through transparency – a challenge that ProLitteris must still fully address.

In the digital age, traditional systems of copy-based compensation seem increasingly outdated.
The evolution of professional practices demands flexible models based on actual use.

There is a clear need for reform – but it remains uncertain when or how such changes will be implemented.