Music cell phones: Swico defends itself against copyright fees

Swico is opposing the imposition of copyright fees on mobile phones with MP3 capabilities. The Swiss Trade Association of Information, Communication, and Organizational Technology Providers has filed a complaint with the Federal Administrative Court.

According to SDA, the Federal Arbitration Commission for the Exploitation of Copyrights and Neighboring Rights decreed the fees, which are lower than those for MP3 players, last March. The tariff is 30 centimes per gigabyte. For an iPhone with 16 gigabytes, the one-off fee is CHF 4.80 at the time of purchase.
Swico opposes the levies. On the one hand, composers and musicians are adequately compensated via the Suisa fees, on the other hand, the new copyright levies are a burden on consumers. Swico therefore filed a complaint with the Federal Administrative Court in Bern on June 29. The action has suspensive effect. The fees can therefore not yet be levied; this had been planned for July 1.
Swico also rejects the new cell phone tariff because the multifunctionality of the devices, which can be used as a cell phone, PDA, camera, radio, audio and video player and so on, means that the criterion of mass use for storing and playing MP3 files is not met.
The copyright society Suisa's definition of the term "music mobile" is insufficient and impracticable, writes Swico. Suisa has until September 15 to present its view of the matter to the Federal Administrative Court, as its Deputy Director Vincent Salvadé told the SDA news agency on Thursday.

More articles on the topic