Facts
The collecting societies Swissperform and Suisa applied to the Federal Arbitration Commission for Copyright and Related Rights (ESchK) for approval of a new "Common Tariff (GT) S Broadcasters" for the years 2011-2013. This tariff was also intended to cover the use of related rights. Swissperform requested that the remuneration for related rights be increased by 10% in 2011, 20% in 2012 and 30% from 2013 onwards. The ESchK approved the tariff but rejected Swissperform's request for an increase. Swissperform then filed a complaint with the Federal Administrative Court, which was dismissed. Finally, Swissperform filed an appeal in public law matters with the Federal Supreme Court.Considerations
The Federal Supreme Court dismissed the appeal and confirmed the approved version of the GT S (2011-2013): - The Federal Supreme Court held that Art. 15(1) WPPT leaves the Contracting States a relatively wide margin of discretion in implementing the requirement of "appropriate remuneration". The legislator may also provide for different values for copyright and related rights without violating international law. - The ratio of 10% for copyrights and 3% for related rights provided for in Art. 60(2) CopA constitutes a…