ancillary copyright strengthens journalism

A few weeks ago, the Federal Council presented a draft law for a performance protection right in Switzerland and opened the consultation process. For SVP Council of States member Hannes Germann, one thing is clear: "The bill is of the utmost importance for the Swiss media center with its 12,000 journalists". Today, international tech platforms take over the content of Swiss media for their own business model, generating hundreds of millions of Swiss francs, but - due to a loophole in the law - do not pay any remuneration for it. This is to change with the adaptation of the Copyright Act to the digital reality. "Media companies and media professionals must finally receive remuneration for the use of journalistic services by large online services in Switzerland," says Josef Dittli, a member of the Council of States for the Free Democratic Party (FDP).

Fair compensation: international standard, Swiss solution

Remuneration via a performance protection right corresponds to an international standard. The EU has introduced such a performance protection right, and the law is already in force in around 20 countries. In Australia, too, journalism is currently being substantially strengthened as a result of the new legislation, and Canada, New Zealand and the USA, for example, are following the same path.

The "Pro ancillary copyright" alliance is convinced by the proposed legislation: It includes various well-known organizations in the media industry as well as, among others, the largest Swiss journalists' association impressum and Suisseculture, the umbrella organization of organizations of professional cultural workers in Switzerland and Swiss copyright societies. With the Swiss solution devised by the Federal Council, tech platforms will still be able to display the content of media companies. "The users will not be affected - consequently, it is not a link tax," Green Party member of the Council of States Lisa Mazzone is pleased to say. A collecting society would be responsible for determining and implementing the remuneration, as is already the case in Switzerland (ProLitteris). Matthias Aebischer, SP National Councillor, says: "This solution, as well as the consideration of the effort, makes it possible that the entire Swiss media center is strengthened and that small and medium-sized media companies in the regions can also benefit from the remuneration of the tech platforms." This point is central to the alliance. In addition, according to the Federal Council's proposal, journalists will also participate in the remuneration - this is also an innovation brought about by the ancillary copyright as an international standard.

Introduction of ancillary copyright without delay

Recent developments have shown: Tech platforms are using journalistic content in different ways. Artificial intelligence applications will cause changes in further areas. Against this backdrop, swift implementation of the Federal Council's proposed amendment to copyright law (ancillary copyright) is indicated. This will allow the necessary improvements for the Swiss media center to come into force as soon as possible. Other possible issues in connection with artificial intelligence require in-depth analyses and are to be dealt with in the context of international developments.