Facts
The copyright management society ProLitteris has been authorized to collect royalties for the use of copyright-protected works. Several press publishers (the applicants) have challenged ProLitteris's right to invoice royalties to companies, public administrations, and other institutions for the creation of internal electronic press reviews, as well as for the electronic reproduction and distribution of journalists' articles by press clipping and documentation services.Considerations
The Federal Tribunal has ruled that the creation of an electronic press review for internal use is permissible under Art. 19 para. 1 let. c CopA. Press clipping and documentation services that produce electronic press reviews for their clients can be considered third parties within the meaning of Art. 19 para. 2 CopA. Therefore, ProLitteris is entitled to collect royalties from these services for the electronic reproduction and distribution of journalists' articles, in accordance with Art. 20 paras. 2 and 4 CopA.
The use of…