Federal Court approves copyright fee on MP3 players
Hard-disk recorders and MP3 players are expected to become more expensive soon. The Federal Supreme Court has approved the introduction of the copyright levy. Consumer organizations are deeply disappointed.
Hard disk recorders and MP3 players will probably soon be more expensive. The Federal Supreme Court has approved the introduction of the copyright fee on digital storage media in its planned form. This means that the consumer organizations and the collecting societies have failed in their appeals, and the Federal Supreme Court declared the tariff set by the Federal Arbitration Commission for the Exploitation of Copyrights in January to be lawful. The Commission had neither exceeded nor abused its discretion in determining the amount of the levy.
The losing consumer organizations are very disappointed. The Swiss Foundation for Consumer Protection (SKS) is indignant about both the ruling and its legitimacy as a complainant, which was denied by the Federal Court. According to the SKS, the Federal Court's ruling opens the door to levies on all kinds of devices. The Consumer Forum, which alone represents around one million consumers, is also unable to understand the denial of legitimacy.
The user organizations Schweizerischer Wirtschaftsverband für Informations-, Kommunikations- und Organisationstechnik (Swico) and Dachverband der Urheber- und Nachbarrechtsnutzer (DUN) were also unsuccessful. They had contested the fee in principle on the grounds that it was a disguised device levy - which the Federal Supreme Court denied.
The ruling is welcomed by the copyright societies Suisa, Pro Litteris, SSA, Suisseimage and Swissperform. According to a joint press release, the decision makes it possible to continue a system that has proven its worth for both artists and consumers.
The controversial tariff applies to both removable storage media and built-in storage devices, provided that the device is primarily used for recordings of copyrighted works. No levy is therefore charged on PC hard disks.
The introduction of the copyright fee, which has now been approved by the Federal Supreme Court, only affects consumers indirectly; the fee will be levied on manufacturers and importers, who may pass it on to their customers. The tariff comes into force on September 1 and will apply for 22 months thereafter.
The losing consumer organizations are very disappointed. The Swiss Foundation for Consumer Protection (SKS) is indignant about both the ruling and its legitimacy as a complainant, which was denied by the Federal Court. According to the SKS, the Federal Court's ruling opens the door to levies on all kinds of devices. The Consumer Forum, which alone represents around one million consumers, is also unable to understand the denial of legitimacy.
The user organizations Schweizerischer Wirtschaftsverband für Informations-, Kommunikations- und Organisationstechnik (Swico) and Dachverband der Urheber- und Nachbarrechtsnutzer (DUN) were also unsuccessful. They had contested the fee in principle on the grounds that it was a disguised device levy - which the Federal Supreme Court denied.
The ruling is welcomed by the copyright societies Suisa, Pro Litteris, SSA, Suisseimage and Swissperform. According to a joint press release, the decision makes it possible to continue a system that has proven its worth for both artists and consumers.
The controversial tariff applies to both removable storage media and built-in storage devices, provided that the device is primarily used for recordings of copyrighted works. No levy is therefore charged on PC hard disks.
The introduction of the copyright fee, which has now been approved by the Federal Supreme Court, only affects consumers indirectly; the fee will be levied on manufacturers and importers, who may pass it on to their customers. The tariff comes into force on September 1 and will apply for 22 months thereafter.
