Decision on the Lump-Sum Remuneration for Copies in Service Enterprises

Facts

The company S. AG, a fiduciary firm employing a single employee, was sued by Pro Litteris, the Swiss collective management organization for copyrights in literature, theatre and visual arts, for the payment of an annual lump-sum fee of 30 Swiss francs for the copying of works protected by copyright. S. AG contested this claim, arguing that it did not make any copies of protected works. The Federal Court ultimately dismissed S. AG's appeal and upheld the judgment of the cantonal court, considering that the lump-sum tariff approved by the administrative authority applied regardless of the actual number of copies made.

Considerations

The Federal Court recalled that the rights to remuneration for copies can only be exercised collectively by the authorized collective management societies. These societies establish tariffs which, once approved by the administrative authority, are binding on the civil courts. The binding force of these tariffs aims to ensure legal certainty and to prevent the courts from questioning their appropriateness again.

However, the civil courts remain competent and obliged to ensure that the tariffs do not give rise to claims for remuneration that are contrary to the law. Thus, a lump-sum tariff based on a presumed average number of copies cannot be applied in a way that charges a fee for activities that are legally exempt from remuneration.

In the present case, the Federal Court…