Frequently asked questions about Use works

Copying levies are payments to a collecting society for the right to use copyright-protected works and parts thereof for specific purposes.

Schools, companies, public administrations and private individuals have this statutory license, and the affected rights holders have a right to compensation based on official tariffs of the collecting societies.

Without copying levies, companies and other organizations would have to obtain licenses from publishing houses and other rights holders and pay contractual royalties.

Copying levies and similar flat-rate royalties are in the interest of users, who would otherwise have to obtain contractual licenses. At the same time, they compensate rights holders for uses that they are not allowed to control themselves because of a statutory privilege granted to schools, companies, and other persons (for example by issuing warnings and taking legal action).

The income of the collecting societies goes to authors (authors, artists, photographers, musicians, etc.), publishing houses, and other rights holders.

The collecting societies are obliged to manage in an efficient and rules-based manner. They do not make a profit.

ProLitteris issues an invoice as a collecting society when it has been mandated, based on the Copyright Act (URG), to carry out licensing and to collect a royalty.

In the area of copying levies and similar mass uses, there is a statutory right to compensation. The specific uses do not matter (mandatory collective management).

For companies, this means: A royalty to ProLitteris for the rights holders is due, regardless of whether copies are actually made. It is sufficient that an organization provides devices with which copies can be made.

So that ProLitteris can issue the invoice correctly, for example under Common Tariff 8, all organizations are obligated to provide the necessary information.

This duty to provide information is laid down in Art. 51 of the Copyright Act (CopA). If information is missing, ProLitteris has to make an estimate and issue the invoice on that basis.

In most cases, the declaration results in a moderate annual royalty. The tariff has been approved by an authority, and the executive management of ProLitteris is supervised by the Swiss Federal Institute of Intellectual Property (IPI).

Based on the declared information, it is possible that a company does not owe any royalty, in particular if the company operates in a sector with a threshold (royalties only from 15 employees upwards).

If an invoice is not paid, ProLitteris enforces the claim by legal means, for example through debt collection proceedings or by filing a lawsuit.

If you receive a form or an invoice from ProLitteris, it is binding and based in law.

ProLitteris collects copying levies on the basis of the Copyright Act (URG) and approved tariffs. These apply to companies, schools and libraries. ProLitteris distributes the income to authors, publishing houses and other rights holders.

For you, this means:

• You must provide the requested information in the form.
• The invoice from ProLitteris is binding and will be enforced.
• You must communicate any corrections to your data; they will take effect at the latest for the following year.

ProLitteris is an official collecting society under state supervision. For around 30 years, it has been authorized and obliged to collect statutory royalties.

Companies have to participate in copying levies so that ProLitteris can collect and distribute the royalties correctly.

For you, this means: You are legally obliged to provide the necessary information about your organization (Art. 51 Copyright Act).

The royalty is clearly regulated:

• The amounts are defined in tariffs.
• An independent arbitration commission (Federal Arbitration Commission (ESchK)) approves these tariffs.
• The Swiss Federal Institute of Intellectual Property (IPI) monitors implementation.

Your participation ensures that the royalties are collected fairly.

Companies have to pay copying levies because, based on the law, they are allowed to use copyright-protected works for internal information and documentation.

In everyday work life, texts, images, or other content are regularly copied or used internally. This use is permitted by law but subject to royalties. As a company, you are therefore considered a licensee and are obliged to pay a flat royalty.

The most important points for you:

• The royalty is anchored in the Copyright Act (URG).
• The royalty is based on Common Tariff 8 (CT 8), and for courses and teaching on Common Tariff 7 (CT 7).
• The amount is determined on the basis of average values, not according to individual copies.

Courts up to the Federal Supreme Court have confirmed this practice. This means: you have to pay the royalty even if you do not prove or record any specific copies.

ProLitteris distributes the royalties to authors, publishing houses, and other rights holders.

The Federal Supreme Court decided that flat-rate copying levies are binding, even without proof of specific copies.

For you, this means: You must pay the royalty as soon as your organization provides devices for reproduction — regardless of whether protected works were actually copied.

The courts have repeatedly stated:

• Flat-rate tariffs under Art. 20 para. 2 CopA are permissible
• The royalty is based on statistical averages
• Common Tariff 8 (CT 8) is binding

Individual uses do not have to be proven. What matters is that copying is in principle possible in your organization.

Companies have to pay a royalty because people at work use protected works, for example by copying texts and images for internal purposes.

This use for internal purposes is permitted by law. At the same time, the Copyright Act (CopA) provides that a royalty is owed for this.

The law provides for a similar royalty for schools (common tariff 7). Private individuals do not pay a copying levy, but there is a royalty on storage media (smartphones etc.), which the collecting society SUISA enforces (common tariff 4).

The royalty is negotiated every few years with user associations and approved by the Federal Arbitration Commission (ESchK).

ProLitteris collects the copying levies and passes them on to authors, publishing houses, and other rights holders.

The legal basis of ProLitteris is the Copyright Act (URG). The activities of ProLitteris and the royalties collected are regulated by law and binding.

Important provisions in the URG are:

• Art. 40 et seq.: activities of the collecting societies
• Art. 19 and 20: copying levies
• Art. 51: duty to provide information
• Art. 59: state approval of the tariffs

In addition, ProLitteris is based on:

• the authorization of the Swiss Federal Institute of Intellectual Property (IPI)
• approved tariffs and the distribution rules

Swiss courts, in particular the Federal Supreme Court, have confirmed these bases and the activities of ProLitteris on several occasions. Two supervisory authorities are responsible for the collecting societies.

An organization without any activities does not have to pay a royalty under CT 8.

If your organization is actually inactive, ProLitteris makes an exception to the obligation to pay a royalty. In such cases, there is also no access to devices with which the organization can make copies (computers, mobile devices etc.).

If an organization starts its activity before 1 July of a year, the full annual flat rate of the copying levies is due.

The same applies if the organization was active for at least six months in total during the current year.

If the activity started after 30 June or lasted less than six months, the copying levies are due as of the following year. The provisions in the respective tariff are decisive.

If a company has several locations in Switzerland or in Liechtenstein, these are considered together, provided they are not legally independent. The total number of employees at all locations is decisive.

The royalties for legally independent organizations are collected separately, even if these organizations are linked by shareholdings or as a corporate group. At the request of a corporate group, the royalties of several organizations can be shown on a single joint invoice.

Organizations can send the information about their invoice by email.

ProLitteris takes changes to the assessment bases into account if they are received within 30 days after the invoice date. This includes in particular corrections to the business sector or the number of positions.

As a private individual, you do not pay any direct royalty for copying copyright-protected works in a private context. The royalty for private copying is already included in the purchase price when buying certain devices with storage, such as smartphones or tablets. It is paid by manufacturers or importers in accordance with Common Tariff 4 (CT 4).

As soon as you run a company, are self-employed, or represent an association, federation, or organization, different rules apply. In this case, an annual royalty under Common Tariff 8 (CT 8) may be due. It authorizes you to copy, scan, store, and share protected texts, images, and graphics internally within your business. Small companies in the industrial, trade, and commercial sectors, as well as certain service providers, for example in personal care, are exempt from this direct royalty up to a sector-specific threshold of 14 full-time equivalents.

For schools and higher education institutions, Common Tariff 7 (CT 7) applies. The royalties are generally settled as lump sums by the educational institution, the canton, or the higher education institution with the collecting societies. If you attend or teach at a school, you therefore usually do not incur any direct costs.

In teaching, you may use protected works freely within a certain framework.

You may adopt ideas, information and stylistic elements without restriction. In addition, you may use works in internal teaching as long as there is no publication to the outside.

For you as a teacher, this means:

• You may copy, store and share content for teaching purposes.
• Use remains restricted to internal teaching.
• You do not need to take care of individual licenses.

The royalty for public schools is settled as a lump sum via the cantons. Based on Common Tariff 7 (CT 7), they pay ProLitteris a copying levy per pupil.

In teaching, you may use protected works within a clearly defined framework.

The following applies to you as a teacher:

• You may use works in class, for example by copying, showing or performing them, as long as the use remains internal.
• You may use excerpts, for example individual pages, chapters or articles.
• You may record radio and TV broadcasts and show them in class.

The following are not permitted without an additional license:

• Copies of whole or almost whole works, if these are available commercially.
• Uses outside class, for example for events with an external audience.
• Publications on the internet, on social media or in public courses.

In addition, the following applies:

• Music performances are permitted in class, but not for public or paid events.
• You may use your own teaching materials and share them in isolated cases.
• Parodies, quotations and adaptations are permitted in class, but publications are only allowed with the consent of the rights holders.

The basis is the Copyright Act and Common Tariff 7 (CT 7), which covers the most important uses in the school sector.

For classroom use, you may use protected works for teaching in the class.

You may make physical and digital copies from books, magazines, or the internet, as long as the use is limited to parts of the works and restricted to teaching. An individual license is not required for this.

For you, this means:

• You may copy excerpts from works and use them in class.
• the use remains within the class and the school.
• the royalty is a flat amount per pupil or student.

The following are not permitted without additional consent from the rights holders:

• Copies of complete or almost complete works, if these are available commercially.
• Uses outside teaching, for example on websites, on social media, or in external continuing education.

Images, audio, and video may also be used in class without an additional license.

You may copy individual exercises and other elements from teaching materials as long as these are excerpts.

You may use these works in lessons if you comply with Common Tariff 7 (CT 7).

The following is not permitted without additional authorization:

• copying an entire teaching material or an essential part of it
• producing and distributing your own teaching materials with third-party content

If you wish to use an entire teaching material, you must purchase it in retail or obtain a license from the publishing house or the authors.

You may use images in class as long as the use remains internal and no publication takes place.

The following is permitted:

• using images in lessons within the class
• including them in presentations or teaching materials for internal use

The following is not permitted without the consent of the rights holders:

• publishing images, for example on websites or on social media
• using them in published teaching materials

If you wish to use an image as part of published teaching materials, the quotation exception may apply. This requires that you engage with the image in terms of content and indicate the source correctly.

You may use subscribed services in class, but you must also comply with the provider’s contractual terms.

In addition to the statutory rules on use in schools for their own purposes (CT 7), the terms of use of the respective service also apply. In Switzerland, the rules of the tariff take precedence.

The following therefore applies to you:

• The statutory freedom of use in class according to CT 7 is always authoritative.
• Providers of subscriptions and streaming services cannot restrict the tariff.
• However, they can grant you additional usage rights.
• Individual cooperation agreements between publishing houses and schools that deviate from these rules are possible.

The freedom of use for teaching purposes is designed in such a way that the normal management of rights by authors and publishing houses remains possible.

In class, the following applies: You may use music in your own class, for example through performances by students or by playing music during lessons.

Common Tariff 7 (CT 7) also allows certain school events if all of the following conditions are met:

• The performance is given by members of the school; external persons such as DJs or bands need a separate license.
• The event is aimed exclusively at students, teachers, and their closest family members.
• No admission fee or any other payment is charged—otherwise the use of works requires a license.

Public events, performances by external artists, or events with an admission fee are not permitted without an additional license.

Teachers at music schools are also covered by the scope of application.

What is decisive is not the type of school or your role, but the purpose of the use. The Copyright Act is based on teaching and educational purposes.

Specifically, the following applies:

• Internal school use applies when you are working in the context of teaching.
• According to the prevailing view, it does not matter whether you teach at a general school or at a music school, and whether it is individual lessons, classroom teaching, or project-based teaching.

Common Tariff 7 (CT 7) is directly based on this statutory provision and uses the term "schools" as a simplified designation for all corresponding teaching situations.

Individual instrumental tuition is also covered by Common Tariff 7 (CT 7).

School-related private use applies regardless of whether you provide individual or group tuition. The decisive factor is the educational purpose of the use.

The Copyright Act deliberately does not refer to the "class" but, in general, to teaching situations. Therefore:

• individual tuition is treated in the same way as group tuition
• the number of learners is irrelevant
• the regulation applies to all educational contexts

A distinction between individual and group tuition would additionally be hardly verifiable in practice.

Course offerings by companies can also be considered a school. This ensures freedom of use in accordance with statutory and tariff provisions.

Continuing education is covered by Common Tariff 7 (CT 7) if it involves teaching that, in the broadest sense, pursues a professional objective.

A course is considered teaching if it:

• is offered regularly or on a permanent basis
• is aimed at external participants and takes place in groups
• serves to impart knowledge or skills that can also be used professionally

Typical examples include professional continuing education, specialist courses, lectures, or group coaching.

The following are not covered:

• internal training for employees
• sports and leisure courses
• pure entertainment offerings

If your course meets these requirements, you benefit from the CT 7 system: You do not have to license uses of works in teaching individually and you reduce the risk of copyright infringements.

For you, this means: Not every continuing education course or event automatically counts as a "school". Certain characteristics of the offering are decisive.

Under the Copyright Act, libraries owe royalties for internal copies within their own operations, for copying services for third parties and as lessors of copies of works.

A royalty is only owed if copies of works are made available in return for payment (Art. 13 Copyright Act). If, on the other hand, a work is provided free of charge, this constitutes a loan. There is no statutory obligation to pay a royalty for this in Switzerland. Important: An annual fee or a membership contribution is also considered payment.

A royalty is due when a library or video store rents out books, films, or sound carriers and thereby generates income.

The amount of the royalty depends on:

• the income from renting
• the type of work, for example book, sound carrier, or audiovisual carrier

For the libraries of the cantons and municipalities, an agreement between ProLitteris on the one hand and the Swiss Conference of Cantonal Ministers of Education (EDK) on the other hand takes precedence. It provides for a flat royalty per canton, based on usage data. In agreement with the association Bibliosuisse, each canton pays a royalty to ProLitteris for the rights holders.

In copyright law, "lending" is differentiated according to whether a payment is required or not. Only renting is subject to a royalty, not lending.

Specifically:

• Renting is making copies of works available in return for payment, for example books, CDs or DVDs
• According to Art. 13 CopA, a royalty is due for this
• Lending is making copies of works available free of charge
• There is no obligation to pay a royalty for this in Switzerland

The decisive factor is therefore whether the use generates income. However, it does not matter whether the consideration from the recipients of copies of works is a one-off payment or a periodic payment (e.g. subscription or membership).

Common Tariff 5 (CT 5) only covers revenues that are related to the rental of books, CDs, or DVDs.

The tariff does not cover revenues in the following cases:

• Copying services and document delivery (other tariffs apply here)
• Subsidies and sponsoring
• E-books, e-readers, and corresponding subscriptions
• Sale of books or other media
• Sale of food and beverages
• Events such as readings or other events
• Internet access or workspaces in the library
• Reminder fees, reservations, or replacement costs
• Fees for toy libraries (games, vehicles, etc.)

The decisive factor is therefore whether a payment is generally or specifically aimed at the rental of copies of works.

ProLitteris offers licenses under the Common Tariffs (CT) in the name of all collecting societies.

These include the royalty for copying in schools and organizations (Common Tariffs 7 and 8), for renting in libraries and video rental stores (Common Tariff 5), and for uses by people with disabilities (Common Tariff 10).

In these cases, ProLitteris is responsible, in the name of all domestic and foreign collecting societies, for collecting and distributing the royalties.

In addition, ProLitteris grants contractual licenses. In these cases, specific works are licensed upon request from the licensees.

You can obtain a contractual license from ProLitteris if you wish to do the following:

• Reproduce specific artworks on the internet, in books, as printed matter, or in another form, provided that the artist concerned is represented by ProLitteris (Sector Art)
• Use specific works from collections or archives, provided that the rights holders are unknown or cannot be located (Tariff CT 13 for orphan works)
• Use a large number of texts or images, provided that the normal management of the rights is not impaired in this way, for example for "open archive", for internally used AI systems, or for minor extensions of statutory limitations (extended collective license, ECL)
• Use texts and other literary works as a broadcasting organization (Sector Audio)

With a license from ProLitteris, you keep copyright under control. In return for a transparent and moderate royalty, you ensure that no rights of authors, artists, photographers, publishing houses, and other rights holders are infringed.

The licenses granted by ProLitteris depend on the sector in which they are granted.

For copying levies and other statutory licenses (mandatory collective management), ProLitteris contacts you. You declare the required information via the form or portal, and ProLitteris invoices you for the correct royalty. If you do not provide complete information, ProLitteris has to estimate the data and determine the royalty accordingly.

For contractual licenses (voluntary collective management: reproducing works of art, orphan works or extended collective licenses (ECL)), you take action yourself:

• You submit a license request to ProLitteris.
• ProLitteris then defines the scope of application and the costs.
• You receive the license and the corresponding invoice.

Licenses from ProLitteris always ensure legally compliant use and compliance with copyright. All tariffs, agreements and royalties are legally reviewed and are subject to supervision.

Certain uses are permitted by law and do not require a license from rights holders.

In certain cases, the law allows protected content to be used without consent:

• Use in a personal circle, at work, and in education
• Quotations and reporting, provided the source is indicated where necessary and there is engagement with it
• Freedom of panorama, when works are visible in public spaces
• Exhibition catalogues and directories of collections

These uses are subject to legal requirements and are only permitted within the respective framework.

When the law provides for a royalty for such use, ProLitteris or another collecting society takes care of it.

Uses are different ways in which you use or share protected content. This is relevant not only in relation to ProLitteris, but whenever you work with protected material or wish to publish such material.

These are the most frequent uses:

• Reproductions: copies on paper or in digital form, for example by printing, scanning, saving, or copying by hand
• Online publications: making content available on the internet, for example on websites, social media, or platforms
• Presentations and performances: presenting, showing, or playing content, for example in presentations, training sessions, or events
• Broadcasting: disseminating content via radio or television
• Adaptations and transformations into other categories of works: reproduction, translations, film adaptations.

Copyright law is relevant as long as a work is protected. As a rule, protection applies until 70 years after the death of the author. In certain cases, different terms of protection apply.

You have to respect copyright when you use protected content and in doing so interfere with rights.

Two conditions must be met:

• You carry out an act of use, e.g. you copy, put content online or present it.
• You use protected works or performances created by others, such as texts, images, audio or video content.

The following are not considered uses:

• the mere consumption of content
• the adoption of ideas, facts or style
• mere linking on the internet

In the area of schools and businesses, the following also applies: for internal uses, it does not depend on every individual act. Instead, the royalty is based on general uses within an organization, as governed in Common Tariffs 7 and 8.

ProLitteris grants extended collective licenses (ECL) for the internal use of artificial intelligence with services such as Copilot, Gemini, ChatGPT, Claude or Apertus.

As a rights holder, user or licensee, you can obtain information on copyright from ProLitteris at any time.

ProLitteris helps to ensure that fair framework conditions also exist in the field of artificial intelligence.

Pure AI outputs are not works within the meaning of the Copyright Act (URG). However, products that were created with AI are protected by copyright if they constitute a human intellectual creation with an individual character.

This is the case:

• if a prompt is so creative and detailed that it itself has the character of a work,
• and if this individual design is recognizable in the result generated by the AI.

In addition, so-called related rights can arise in an audio (sound carrier) or video (audiovisual carrier).

If you work with AI, it is advisable to document your own creative contribution. This way you can later prove that a protected work exists.

In the view of legal experts and in the assessment of ProLitteris, training AI systems with protected works requires the consent of the rights holders.

The question is the subject of court proceedings abroad. At the same time, statutory solutions are being discussed in order to clearly regulate the use of works for AI systems and to provide appropriate royalties.

In this situation, ProLitteris offers an extended collective license (ECL) so that companies can use internal AI systems in a legally secure way.

You can explicitly state on your website that the training of AI systems is only permitted with your consent. This makes your position clear and documents your rights.

Possible wording includes:

• "Training of AI systems only with specific consent"
• International: "Opt-out for uses with artificial intelligence under the EU directive on text and data mining"

The practical benefit is currently limited, because the legal situation is unclear and AI systems often do not take such statements into account.

AI systems allow protected works to be uploaded to an AI application in order to translate, summarize, or analyze them. 

In the opinion of ProLitteris, this processing requires consent. Such consent exists in the personal sphere and in teaching, because the Copyright Act defines a corresponding freedom of use (Art. 19 para. 1 let. a and b CopA). For companies, there is no such statutory permission—there is only one for reproductions for internal information and documentation.

For you, this means: When you upload texts, images, music, or other protected content to an AI, you use these works under copyright law.

For companies, ProLitteris offers an extended collective license (ECL). Instead of obtaining individual consents from rights holders, the ECL from ProLitteris covers internal systems such as Copilot.

ProLitteris offers licenses under the Common Tariffs (CT) in the name of all collecting societies.

These include the royalty for copying in schools and organizations (Common Tariffs 7 and 8), for renting in libraries and video rental stores (Common Tariff 5), and for uses by people with disabilities (Common Tariff 10).

In these cases, ProLitteris is responsible, in the name of all domestic and foreign collecting societies, for collecting and distributing the royalties.

In addition, ProLitteris grants contractual licenses. In these cases, specific works are licensed upon request from the licensees.

You can obtain a contractual license from ProLitteris if you wish to do the following:

• Reproduce specific artworks on the internet, in books, as printed matter, or in another form, provided that the artist concerned is represented by ProLitteris (Sector Art)
• Use specific works from collections or archives, provided that the rights holders are unknown or cannot be located (Tariff CT 13 for orphan works)
• Use a large number of texts or images, provided that the normal management of the rights is not impaired in this way, for example for "open archive", for internally used AI systems, or for minor extensions of statutory limitations (extended collective license, ECL)
• Use texts and other literary works as a broadcasting organization (Sector Audio)

With a license from ProLitteris, you keep copyright under control. In return for a transparent and moderate royalty, you ensure that no rights of authors, artists, photographers, publishing houses, and other rights holders are infringed.

ProLitteris grants extended collective licenses (ECL) for the internal use of artificial intelligence with services such as Copilot, Gemini, ChatGPT, Claude or Apertus.

As a rights holder, user or licensee, you can obtain information on copyright from ProLitteris at any time.

ProLitteris helps to ensure that fair framework conditions also exist in the field of artificial intelligence.

Pure AI outputs are not works within the meaning of the Copyright Act (URG). However, products that were created with AI are protected by copyright if they constitute a human intellectual creation with an individual character.

This is the case:

• if a prompt is so creative and detailed that it itself has the character of a work,
• and if this individual design is recognizable in the result generated by the AI.

In addition, so-called related rights can arise in an audio (sound carrier) or video (audiovisual carrier).

If you work with AI, it is advisable to document your own creative contribution. This way you can later prove that a protected work exists.

In the view of legal experts and in the assessment of ProLitteris, training AI systems with protected works requires the consent of the rights holders.

The question is the subject of court proceedings abroad. At the same time, statutory solutions are being discussed in order to clearly regulate the use of works for AI systems and to provide appropriate royalties.

In this situation, ProLitteris offers an extended collective license (ECL) so that companies can use internal AI systems in a legally secure way.

You can explicitly state on your website that the training of AI systems is only permitted with your consent. This makes your position clear and documents your rights.

Possible wording includes:

• "Training of AI systems only with specific consent"
• International: "Opt-out for uses with artificial intelligence under the EU directive on text and data mining"

The practical benefit is currently limited, because the legal situation is unclear and AI systems often do not take such statements into account.

AI systems allow protected works to be uploaded to an AI application in order to translate, summarize, or analyze them. 

In the opinion of ProLitteris, this processing requires consent. Such consent exists in the personal sphere and in teaching, because the Copyright Act defines a corresponding freedom of use (Art. 19 para. 1 let. a and b CopA). For companies, there is no such statutory permission—there is only one for reproductions for internal information and documentation.

For you, this means: When you upload texts, images, music, or other protected content to an AI, you use these works under copyright law.

For companies, ProLitteris offers an extended collective license (ECL). Instead of obtaining individual consents from rights holders, the ECL from ProLitteris covers internal systems such as Copilot.

Enforcing copyrights against artificial intelligence is difficult. ProLitteris supports adapting the Copyright Act to strengthen rights and clarify uses.

In the view of ProLitteris, the law would provide protection, but it encounters practical limits in the case of international uses. In addition, ProLitteris does not hold the rights to bring legal action itself against AI services.

You check whether an action affects third-party copyrights by clarifying four questions:

• Is it a protected work or a protected performance? Protected, for example, are texts, images, music, or films, as long as the term of protection is running (no more than 70 years after the death of all authors).
• Is there a use? This includes, for example, copying, publishing, performing, broadcasting, and uploading to AI systems.
• Does a statutory exception apply? Among other things, quotations, reporting in journalism, personal and internal use, and teaching are permitted.
• Is there consent from the rights holders, or can you obtain such consent? This can be a license or a transfer of rights.

If you check these points, you can assess whether copyrights are affected and how to act correctly.

Copyright today protects both authors and the use of their works in an increasingly digital world.

For you, this means: when someone creates a work, this person decides whether and how it will be used — and can request a royalty for it.

Copyright fulfills several functions:

• It protects the intellectual achievement of authors, meaning creative works with an individual character.
• It also protects related achievements, for example those of performers, producers, and broadcasting organizations.
• It creates clear rules for use, royalties, and responsibility for publications.

In this way, copyright places the people who create and distribute content at the center.

This is particularly relevant today: new technologies such as AI / artificial intelligence present existing rules with new challenges. Copyright ensures that fair conditions for creative work exist even in this environment.

You can contact ProLitteris for an extended collective license (ECL) if you are planning to use numerous works.

The application cases for an ECL from ProLitteris include in particular:

• Open archive projects of memory institutions
• Extension of statutory limitation provisions, e.g. quotation freedom, reporting freedom, inventory lists or catalog freedom
• Internal AI uses limited to sources that have been reproduced for internal information and documentation

An extended collective license (ECL) requires that the use does not impair the normal management of the rights.

If you cannot find the rights holders, you can under certain conditions obtain a license for orphan works.

For you, this means: you may not simply use a work without clarification. First, you must carefully research whether the rights holders can be identified.

If, despite this research, they cannot be located, the following applies:

• You can apply to ProLitteris for a license under Common Tariff 13 (CT 13).
• You confirm with a form that you have searched relevant databases.
• The work must originate from a Swiss memory institution, such as a library, a museum or an archive.

The use is subject to a fee at moderate prices (from CHF 5 or 10), but is legally secured.

The license for an orphan work applies only to use in Switzerland and Liechtenstein. As long as the use is limited to these territories or this focus results from the type of content and audience, you are well protected.

If you also want to use an orphan work outside Switzerland, you must examine the legal situation in the respective country separately.

Nevertheless, the license offers you the most secure possible basis for using a work whose rights holders are unknown or cannot be located.

A license under CT 13 is advantageous despite a foreign connection if the main use of the work takes place in Switzerland and you want to safeguard copyright risks as effectively as possible.

The following points are particularly relevant for you:

• If the central use takes place in Switzerland, such as the reproduction of a work, this use is legally safeguarded.
• Subsequent use, such as online publication or a screening, is part of the license for 10 years.
• Even if content is made available abroad via the internet or through physical copies, the license shows that you have acted with the necessary care. Without a license, the use would be legally excluded.
• If your offer is aimed predominantly at a Swiss audience, for example through language or content, cross-border use is often considered negligible in practice.
• The subject matter and type of use can also indicate that the focus lies in Switzerland.

You should be cautious if you intend to distribute a work specifically abroad. In such cases, there remains a residual legal risk.

If rights holders contact you at a later stage, ProLitteris will support you in obtaining a retroactive license, including for future uses. There is no guarantee. However, with a license under CT 13 you are significantly better protected than without one.

ProLitteris generally licenses all linguistic works to broadcasting organizations, with the exception of musical works such as lyrics or librettos.

These include in particular:

• Literary works, such as readings from books, audiobooks or audio dramas based on existing texts
• Screenplays, for example for audiovisual productions or audio dramas
• Spoken word and comedy

As soon as a linguistic work is used on radio, television or online, it generally falls within the area of responsibility of ProLitteris.

When content that is already available online is broadcast, making it available is generally additionally eligible for a royalty.

An exception applies in the case of multiple broadcasts within 30 days: depending on the selected tariff option, the additional making available may not apply.

Which royalty is applied in concrete terms depends on the agreement between SRG and ProLitteris. This includes several tariff options from which the broadcasting organizations can choose.

Audio distribution belongs to voluntary collective management.

This means for you: You decide yourself whether you instruct ProLitteris to manage your rights in this area. The basis is a management agreement, since the broadcasting right and the online right generally remain within your own power of disposition.

In contrast, there is mandatory collective management. There you have no choice. ProLitteris distributes lump-sum royalties, for example for retransmission in communication networks (Broadcast distribution), according to fixed rules in the distribution rules and regardless of contracts.

In Sector Audio, ProLitteris also pays royalties to rights holders without a management agreement, provided their works are used and the conditions are met.

The basis for this is the extended collective license (ECL) of SRG. It makes it possible to declare and have royalties paid for rights of non-affiliated persons as well.

Conditions for you:

• the broadcasting organization knows you as a rights holder
• your name is declared to ProLitteris

ProLitteris then searches for you and attempts to pay out the royalty. A management agreement is required for this.

For certain online uses, the following additionally applies:

• making available for up to 10 minutes in length
• availability for a maximum of 2 years
• a royalty is also possible without an existing management agreement

How ProLitteris handles amounts that cannot be allocated is determined by the distribution rules.

In Sector Audio, ProLitteris can only grant licenses to broadcasting organizations, not to other persons or organizations. This explicitly excludes social media, streaming platforms, and websites, as well as podcasts that are not distributed by broadcasting organizations.

For you, this means:

• If your literary work appears outside the offering of a broadcasting organization, you must take care of the prohibition, the license, and, where applicable, the royalty yourself. ProLitteris is not responsible.
• Even if a text has already been used in a broadcast, ProLitteris cannot grant you a license if you want to distribute or perform the broadcast online.

Providers that are not broadcasting organizations must obtain the rights directly from the rights holders — not from ProLitteris.

A license is always required when you wish to use a work of art for which you do not hold any rights of your own or do not hold full rights.

This concerns in particular reproduction, for example:

• depicting a work in a book or magazine
• use on a website or on social media
• use in advertising or presentations

In certain cases, the law permits use without a license. These so-called limitations apply, for example, to quotations or private use.

In all other cases, the rights holders decide whether and under which conditions you may use a work.

In Sector Art, the works and rights are managed collectively by ProLitteris. We grant you a license at uniform and transparent costs (Art tariff).

You do not need a license if your use falls under a statutory exception in the Copyright Act (URG).

Such exceptions are called limitation provisions. They permit certain uses even without the consent of the rights holders.

Examples are:

• Parodies
• Quotations
• Reporting on current events
• Works on publicly accessible ground
• Museum, trade fair, and auction catalogues
• Inventory catalogues

These uses are subject to conditions and must not interfere with normal management.

Important for you: Whether an exception applies always depends on the specific individual case. A license may also be required for non-commercial projects or cultural purposes.

If you are unsure, have your use reviewed. ProLitteris supports you in this and clarifies whether a license or a royalty is necessary.

You have to actively obtain a license from ProLitteris if you want to reproduce a work of art.

This applies in particular to uses:

• in printed publications
• online, for example on websites or in social media
• offline in presentations or on screens
• in films or TV programs

In these cases, the Team Art of ProLitteris grants the license in the name of the rights holders and issues you an invoice according to the Art tariff.

Licensing in Sector Art takes place in several steps and is aimed at the specific use of a work.

First, Team Art receives your request, receives a notification from rights holders, or identifies a use itself. ProLitteris then clarifies:

• which work is concerned
• how and for how long it will be used

ProLitteris then checks whether:

• a statutory exception applies
• a license already exists

Depending on the case, foreign collecting societies are additionally involved or rights holders are contacted directly.

On this basis, ProLitteris prepares a written offer with conditions and a proposed statement of account.

You confirm to ProLitteris the definitive use and licensing.

After the use, ProLitteris invoices the royalty and distributes the income to the rights holders.

The costs for reproducing a work of art are based on the Art tariff of ProLitteris.

This tariff defines which royalty is due for different uses, for example depending on:

• medium (print, online, film)
• size and placement of the reproduction
• print run or reach

For you this means: The specific amount of the royalty always depends on your planned use.

If you would like a more detailed assessment, you can contact Team Art. ProLitteris will give you a concrete cost estimate.

In addition, a processing fee may be charged if your request entails increased effort.

If, after the license has been granted, you decide not to proceed with the use, a royalty is due for the effort incurred.

Before using a work, you must obtain a license from ProLitteris. ProLitteris grants you the license, but cannot provide you with a template, i.e. any material.

This means for you: Before you reproduce or otherwise use a work of art, you need written permission. You must create the file you need for reproduction yourself or obtain it from an appropriate source.

You obtain the license by submitting a request to the Team Art of ProLitteris.

ProLitteris is responsible for licensing uses of artworks if the rights holder has transferred the usage rights to ProLitteris.

You can check in the artist directory whether this applies to a specific work.

Important for you:

• If the rights are with ProLitteris, you must obtain the license there
• Direct agreements with artists or their legal successors are not permitted in this case

In individual cases, a rights holder can determine in advance that certain uses will not be managed via ProLitteris. However, this exception must already exist before your license request.

If you do not comply with these requirements, additional costs will arise in accordance with the tariff. You also risk an unauthorized use with legal consequences.

The Art distribution is the payment of royalties for visual art and art photography in the art market. It is part of voluntary collective management.

The royalty in the Art distribution is based on the art tariff as well as on the tariffs of foreign collecting societies.

This means for you: you decide whether to mandate ProLitteris to manage your rights in this area. The amount of your royalty depends on how and where your work was used.

Rights holders. ProLitteris pays the amounts to you after deductions. These deductions concern:

• social and cultural purposes
• administrative costs

ProLitteris distributes the royalties twice a year to the eligible rights holders.

If a photograph shows several works, you need a license for all recognizable works. A work is considered used if it is clearly recognizable and does not just appear incidentally in the background.

If not all affected artists are represented by ProLitteris, the following applies to you:

• ProLitteris can only license the works that are part of its own repertoire.
• You must clear the rights for all other works yourself.

If you lack the license for individual works, the use is legally incomplete. In this case, you bear the risk—ProLitteris supports you with legally sound licenses.

SRG has a blanket license for the use of images in television programs.

SRG may use images as part of its programs without obtaining a separate license for each individual work. The basis is a license agreement with ProLitteris, which is compensated by an annual blanket royalty.

This license covers all images used, regardless of which artists they come from.

The income from this agreement is not allocated to individual uses, but is distributed as part of the additional Art distribution. You receive a royalty if your works were used and taken into account in the corresponding period. ProLitteris distributes small amounts as part of an additional distribution to all rights holders who have already received royalties for specific uses.

The Art distribution is the payment of royalties for visual art and art photography in the art market. It is part of voluntary collective management.

The royalty in the Art distribution is based on the art tariff as well as on the tariffs of foreign collecting societies.

This means for you: you decide whether to mandate ProLitteris to manage your rights in this area. The amount of your royalty depends on how and where your work was used.

Rights holders. ProLitteris pays the amounts to you after deductions. These deductions concern:

• social and cultural purposes
• administrative costs

ProLitteris distributes the royalties twice a year to the eligible rights holders.

Qualified uses are uses of works of art that particularly strongly interfere with the interests of rights holders.

These include in particular:

• monographic uses
• the use of many works by the same person
• large-format reproductions
• uses in advertising or merchandising
• adaptations or extracts of a work

For you, this means: in such cases, the standard tariffs do not apply automatically. ProLitteris must ask the rights holder or their representative before a license is granted.

SRG has a blanket license for the use of images in television programs.

SRG may use images as part of its programs without obtaining a separate license for each individual work. The basis is a license agreement with ProLitteris, which is compensated by an annual blanket royalty.

This license covers all images used, regardless of which artists they come from.

The income from this agreement is not allocated to individual uses, but is distributed as part of the additional Art distribution. You receive a royalty if your works were used and taken into account in the corresponding period. ProLitteris distributes small amounts as part of an additional distribution to all rights holders who have already received royalties for specific uses.

You can contact ProLitteris for an extended collective license (ECL) if you are planning to use numerous works.

The application cases for an ECL from ProLitteris include in particular:

• Open archive projects of memory institutions
• Extension of statutory limitation provisions, e.g. quotation freedom, reporting freedom, inventory lists or catalog freedom
• Internal AI uses limited to sources that have been reproduced for internal information and documentation

An extended collective license (ECL) requires that the use does not impair the normal management of the rights.

Internal AI systems such as Copilot are not covered by the statutory license (CT 8), because their use goes beyond merely copying and making content available internally.

Extended collective licenses can provide companies with a legal basis for using protected content in internal AI systems.

If your AI data contains copyright-protected works, the statutory license for personal use (e.g. according to CT 8) is not sufficient.

You essentially have two options:

• You carefully review and clean up your data so that it does not contain any protected content.
• You use a collective license from ProLitteris that covers such uses.

The statutory license allows you to:

• copy protected content
• forward it internally, for example as a file or printout
• make it available on the intranet or in collaboration tools

These uses are covered by the copying levies according to CT 8.

For you, this means: As soon as protected content is used in internal AI systems, you need an additional legal basis. One possible solution is the extended collective license according to Art. 43a CopA, which can cover such uses in the future.

ProLitteris is designing a license for internal AI uses with the following conditions:

• Content: You may use works and parts of works in the fields of text and image, provided that they were previously reproduced lawfully in accordance with CT 7 or CT 8.
• Lump-sum royalty: You do not have to declare individual works. A few statistical details are sufficient. Trade secrets are not affected.
• Use: The use is restricted to internal purposes. Publication or external dissemination is excluded. AI systems must be configured so that no data is transmitted to external providers.
• Territory: The license applies to Switzerland. With the license from ProLitteris, you can also demonstrate abroad if necessary that your company takes care to comply with copyright.
• Rights holders: Authors and publishing houses can exclude their works from use (opt-out). Such declarations are extremely rare. The works concerned may then no longer be used in the future.
• Costs: ProLitteris bases the royalty on CT 8, and it amounts to the same sum per full-time equivalent and year as in the tariff.

This license is intended to enable you to use internal AI systems in compliance with the law without having to clarify every single use of a work.

The extended collective license for internal AI uses is intended to help operate AI applications in a legally compliant way that are in any case used in practice.

Companies receive a clear basis to comply correctly not only with data protection, but also with copyright. Today, there is legal uncertainty in many companies.

The use of AI is not automatically permitted under current law. If protected content is used, consent or a license is required.

With the AI license, ProLitteris creates a practical solution for everyday business. It makes it possible to use internal AI systems without having to clarify each individual use of a work.

ProLitteris is in dialogue with companies in Switzerland on this and is further developing the model based on the experience gained.

Extended collective licenses (ECL) are licenses that enable a use even when not all rights holders are individually represented.

For you, this means: An ECL covers not only works by rights holders with a management agreement, but also works by persons without any direct connection to ProLitteris.

Requirements:

• The statutory conditions in accordance with Art. 43a CopA are fulfilled.
• A collecting society such as ProLitteris is responsible for a substantial part of the rights holders.

Rights holders can object and exclude their works from the license (opt-out).

In practice, ECLs are currently used mainly for orphan works. In such cases, the rights holders are unknown or cannot be found, so individual licensing is not possible.

An extended collective license (ECL) makes it possible for your works to be used even if you do not have a management agreement with ProLitteris.

For you, this means:

• Your works can be licensed under the ECL.
• You receive a royalty as part of the main distribution of ProLitteris.
• You can object for the future (opt out).

ProLitteris structures the licenses so that they are economically reasonable and practical. The goal is a fair royalty for processes that would otherwise often take place without legal certainty and without a royalty.

Extended collective licenses are also in the interest of rights holders and of copyright.

Previous experience shows that opt-out declarations are extremely rare.

Extended collective licenses make it possible to make collections and archives accessible to the public in a legally secure way.

Even if rights holders are not known or cannot be located, ProLitteris can still license a use. In addition to orphan works, an extended collective license can also include identified works, provided that normal management is not impaired.

This is particularly relevant when:

• Works are only available in archives or collections.
• Many authors or rights holders cannot be identified.
• Cultural assets that are in the public interest are to be made available online.

The basis is Art. 43a CopA. This provision allows ProLitteris to grant a license with a defined purpose and scope.

This enables institutions to make cultural heritage, such as historical poster collections, accessible to the public without having to clarify each individual right.

An extended collective license (ECL) for memory institutions enables you to use large collections in a legally secure way without having to clarify every single right.

The concrete structure of the license depends on the size of your collection:

1. Up to 100 works: You clarify the rights individually. A simple check in accordance with the checklist (CT 13) is generally sufficient. The royalty is CHF 5, 10 or 100 per work and year, depending on the use and format. With a lump sum you can cover all uses for 10 years, with a 75% discount.

2. More than 100 works: If the clarification of rights is disproportionate or not possible, ProLitteris can grant an ECL. The license also covers works whose rights holders are not known. Typical guideline value: For 1000 works, the royalty is around CHF 1 per work and year for usual formats.

• More than 1000 works: For large archives with several thousand objects, the price per work decreases significantly: The first 1000 works cost approx. CHF 1 per work and year, the additional works approx. CHF 0.10 per work and year.

For very large holdings, additional discounts are possible, for example if:

• many works are no longer protected
• statutory exceptions apply
• rights have already been clarified individually

In such cases, the extended collective license is similar to an insurance policy in copyright law.

For you, this means: With an ECL you obtain planning security. You can make your collection accessible without having to assess every single use legally.

The law privileges exhibition catalogues and declares them license-free. 

What is decisive is the limited purpose of the publication (exhibition catalogue) and the functional form as a "catalogue". It is about the methodical and systematic indexing of the works that are in the exhibition. For museums, international ethical standards of ICOM, International Committee for Documentation, apply: https://icom.museum/wp-content/uploads/2018/07/ICOM-code-En-web.pdf, in particular section 2.20: "Documentation of Collections, Museum collections should be documented according to accepted professional standards. Such documentation should include a full identification and description of each item, its associations, provenance, condition, treatment and present location." 

The target group of a catalogue is people who prepare or visit an exhibition, a trade fair offer or an auction. The need for more extensive texts and for an audience that is not closely connected to the exhibition in terms of place and time must be addressed with another document. For this purpose, ProLitteris offers a simple and proven option to acquire a license at moderate cost. In the case of numerous works, an extended collective license (ECL) may be considered (Art. 43a CopA).

A UID number is the company identification number of an economically active company in Switzerland. It serves to uniquely identify companies and organizations vis-à-vis authorities and other bodies.

As an author, you generally do not need a UID number. You can leave the corresponding field in the portal empty.

If you register a publishing house or another legal entity, providing a UID number is required. You can look up the UID of your company in the official UID register.

Since 2011, companies and organizations of all legal forms can obtain a UID. Companies with an entry in the commercial register receive it automatically. You can find further information at the Federal Statistical Office.