Copyright Review Commission Report - ICT Law and Regulation ...
Copyright Review Commission Report - ICT Law and Regulation ...
Copyright Review Commission Report - ICT Law and Regulation ...
- No tags were found...
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
6.2. STRUCTURE OF COLLECTING SOCIETIESIn Switzerl<strong>and</strong>, there are five collecting societies. These societies were established as additional repertoires. ProLitteris <strong>and</strong>SUISSIMAGE were first authorised to administer rights in 1982. In 1992, SSA (Swiss Society of Authors) were authorised tomanage the rights pertaining to, inter alia, dramatic <strong>and</strong> choreographic works. SWISSPERFORM was established in 1993.There is one society per repertoire according to the artistic field (literary, music, etc.), with the exception of neighbouringrights (where there is one collecting society). SUISA is the collecting society for authors’ rights <strong>and</strong> SWISSPERFORM is thecollecting society for neighbouring rights. If more than one collecting society manages the invoicing under a tariff for all, theuser will only have to deal with one collecting society. Collecting societies may consist of cooperatives (SUISA) or anassociation (SWISSPERFORM). Swiss collecting societies have reciprocal agreements with collecting societies from otherjurisdictions, for example, SWISSIMAGE has entered into 65 reciprocal agreements with producers <strong>and</strong> authors of audiovisualworks from other jurisdictions, with the notable exception of South Africa.The Federal Act on <strong>Copyright</strong> <strong>and</strong> Related Rights of 9 October 1992 (the <strong>Copyright</strong> Act) provides for the compulsorycollective management of various rights, including the retransmission rights, remuneration for private copying (‘blank tape’levy) <strong>and</strong> business photocopying.6.3. THE TARIFFS6.3.1. THE PROCESSTariffs are approved through negotiations between groups of users <strong>and</strong> the collecting societies. Article 55 of the Federal Acton <strong>Copyright</strong> <strong>and</strong> Related Rights of 9 October 1992 (the <strong>Copyright</strong> Act) provides that the tariffs must be approved by theFederal Board of Arbitration for the Exploitation of <strong>Copyright</strong> <strong>and</strong> Related Rights (the Arbitration <strong>Commission</strong>)(http://www.eschk.admin.ch/eschk/de/home.html). The Arbitration <strong>Commission</strong> fulfils its functions in accordance with theprocedures prescribed in the Administrative Procedure Act of 20 December 1968. The collecting societies <strong>and</strong> the relevantassociations of users nominate members to the Federal Arbitration Board, <strong>and</strong> the members of the Board are appointed bythe Federal Council.Article 60 of the <strong>Copyright</strong> Act provides for principles of equitableness to be taken into account in approving the tariffs. Ingeneral, the licensing fee shall normally amount to a maximum of 10% of the proceeds from or cost of utilisation for authors'rights <strong>and</strong> a maximum of 3% for related rights; however, it shall be determined in such a way that the entitled persons receiveequitable remuneration for administration carried out efficiently. Preferential tariffs are prescribed for the use of a work by ateacher for teaching in class.Article 59(2) provides that the Arbitration Council may modify the proposed tariff after hearing the collecting society <strong>and</strong> theassociations of users (such as DUN, SWICO, Swissstream, swisscable, Gastrosuisse <strong>and</strong> Hotelleriesuisse) involved in theprocedure. The Federal Arbitration Board investigates the fairness of the tariffs <strong>and</strong> obtains the opinion of the Office of PriceControl for this purpose. Federal Arbitration Board decisions on the approval of tariffs may be appealed to the Federal- 150 -