Distribution Rules: Decision of the Federal Institute for Intellectual Property

The Federal Institute for Intellectual Property has approved the following amendments to SUISA's Distribution Rules:

Follow the respective link to the wording of the decisions, available in German only, however. The individual amendments to the Distribution Rules are published in German, French and Italian in the Swiss Official Gazette of Commerce (SHAB/FOSC).

«Deletion of Common Tariff 6b / Amendment of points 5.1, 5.2, 5.5.6, 5.5.7, 5.5.8,,,,, 5.5.9, 5.5.10, 5.5.11, 5.5.12, 5.5.13, 5.5.14, and 7.4» published in the SHAB/FOSC of 18.10.2022

Common Tariff 6b (CT 6b) regulates lending rights in libraries in the Principlaity of Liechtenstein in accordance with Article 15 LCA. This lending right does not exist in Switzerland. However, in both countries, copyright law provides that remuneration is due for the rental of copies of works (Article 13 CopA, Article 14 LCA); Common Tariff 5 (CT 5) applies in this regard. To simplify tariff administration, CT 6b has been incorporated into CT 5. Therefore, CT 6b is removed from the Distribution Rules effective 1 January 2023.

“Revised definitions of the terms “Publisher” and “Sub-publisher”” / Amendment of points, and» published in the SHAB/FOSC of 18.10.2022

The new definitions are no longer tied to the requirement for a publisher to produce copies of works but relate to the publisher’s role. This consists in working in the author’s interest to ensure that their work is disseminated to the public. The Distribution Rules henceforth reflect current practice in the music industry rather than the definition of a publisher given in the Swiss Code of Obligations. For more information, see the Blog.

“Distribution of tariff revenues from the blank media levy” / Amendment of points 5.1, 5.2 and 5.5.5” published in the SHAB/FOSC of 18.10.2022.

Last year, Common Tariff 4i was renegotiated. As of 1 July 2022, in addition to the existing blank media levy on MP3 players, hard disk recorders, mobile phones and tablets, the tariff provides for remuneration on hard disk drives built into laptops and on external hard drives (see  https://blog.suisa.ch/en/remuneration-for-private-copying-new-ct-4i-as-of-1-july-2022/). The Distribution Rules have been adapted to include this tariff amendment. The revenues on hard disk drives in laptops and external drives is apportioned 82% to audio revenues from private copying and 18% to video revenues from private copying respectively.

(Photo: Andreas Greber)