Q: What are the benefits of membership with ProLitteris?

Affiliation of rightsholders with ProLitteris by concluding a rights administration agreement. As a rule, this is a condition for participating in distributions and receiving royalties. In addition, cooperative membership as a “plus” with further benefits is possible. ">Membership means that certain rights are managed by ProLitteris and that you receive royalties for the use of your Individual creation of a person, for example text, image, audio, video. Copyright applies to the work. "> works . Specifically, membership offers you the following: You receive payments in the main distribution in accordance with the distribution rules. You can benefit from additional exploitations when your texts are broadcast on radio and television or when your visual works are reproduced in the art market. You can become a cooperative member, take part in the general meeting and – as an author – receive support from the welfare foundation. The rights administration agreement is free of charge and forms the basis for ProLitteris to collect and pay out royalties for you. You define which rights are included yourself in the ProLitteris portal. You can adjust your choice annually. Your works are protected independently of membership with ProLitteris. Copyright protection arises automatically when they are created. Become a member as early as possible so that you do not miss out on any royalties and can later receive social benefits if necessary.

Q: Does membership with ProLitteris have any disadvantages?

Affiliation of rightsholders with ProLitteris by concluding a rights administration agreement. As a rule, this is a condition for participating in distributions and receiving royalties. In addition, cooperative membership as a “plus” with further benefits is possible. ">Membership has no disadvantages. ProLitteris manages statutory rights that are independent of the contracts between different rightsholders. Only in a small part of the Exploitation of rights in literary works that are used in radio or television broadcasts. The royalties come from SRG and other broadcasting companies. ">Audio sector do contracts between authors and publishing houses play a role. For readings and film adaptations of literature in the programs of broadcasting companies, it depends on the individual publishing contract whether the author or the publishing house is responsible. You can adjust all rights annually in the ProLitteris portal. A rights administration contract with ProLitteris therefore has no legal or practical disadvantages for you. You retain control over your rights.

Q: Is membership in several collective management organizations possible?

Affiliation of rightsholders with ProLitteris by concluding a rights administration agreement. As a rule, this is a condition for participating in distributions and receiving royalties. In addition, cooperative membership as a “plus” with further benefits is possible. ">Membership in several collective management organizations only makes sense if you are active in different fields, e.g. as a visual artist and at the same time as a musician. For texts and images, membership in ProLitteris is sufficient. Due to legal and administrative issues, ProLitteris avoids simultaneous membership in another collective management organization with the same field of activity. In the past, this led to additional effort and to a lack of clarity regarding royalties. ProLitteris cooperates with foreign organizations so that you receive royalties from abroad even without dual membership. In some cases, it is possible for rightsholders of another collective management organization to participate directly in the distributions of ProLitteris. For all other cases and rightsholders, ProLitteris pays the other collective management organization an annual quota defined by the supervisory board.

Question 1

What are the benefits of membership with ProLitteris?

Accepted Answer

Membership means that certain rights are managed by ProLitteris and that you receive royalties for the use of your works.

Specifically, membership offers you the following:

You receive payments in the main distribution in accordance with the distribution rules.
You can benefit from additional exploitations when your texts are broadcast on radio and television or when your visual works are reproduced in the art market.
You can become a cooperative member, take part in the general meeting and – as an author – receive support from the welfare foundation.

The rights administration agreement is free of charge and forms the basis for ProLitteris to collect and pay out royalties for you. You define which rights are included yourself in the ProLitteris portal. You can adjust your choice annually.

Your works are protected independently of membership with ProLitteris. Copyright protection arises automatically when they are created.

Become a member as early as possible so that you do not miss out on any royalties and can later receive social benefits if necessary.

Question 2

Who can become a member of ProLitteris?

Accepted Answer

You can become a member of ProLitteris if you are an author, a publishing house or an heir and have created published works that are used by third parties.

A rights administration agreement is useful for you if you are regularly active in creative or journalistic work, for example:

Contributions in books, newspapers or magazines
Content for radio or television
Works of visual art or photography

As a member, you receive royalties from uses that are compensated by law as well as from further exploitations that you can hardly organize yourself.

Membership is free of charge. The conditions of the rights administration agreement and the statutes apply.

Question 3

Which work categories are admitted at ProLitteris?

Accepted Answer

ProLitteris manages published works in the fields of text and image, as defined in the exploitation conditions.

These include:

Texts: journalism, academic works, fiction, non-fiction, art books, spoken word, comedy, books and newspapers/magazines of all kinds
Images: artworks, photographs, illustrations, sculptures, visual works of all kinds
Also contributions in copies of works and parts of works, provided they are independently protected

The decisive factor is whether participation in a distribution is possible. The distributions of statutory royalties concern printed works (Print distribution for books and newspapers/magazines), the internet (Online distribution, especially for journalism and academic online services), radio and television (Broadcast distribution) and exhibited works (Expo distribution from 2027).

For music, film and stage, other collective management organizations are usually responsible.

When you register and for distributions, you confirm that your works are protected by copyright and that you hold the corresponding rights. ProLitteris checks this if necessary.

Question 4

What conditions do you have to meet in order to be able to apply for a rights administration agreement?

Accepted Answer

You can apply for a rights administration agreement if you meet certain requirements relating to yourself, your works, and your rights.

The conditions for all rightsholders are:

Residence or nationality in Switzerland or Liechtenstein; as a publishing house you need a registered office or a branch
Rights to texts or images that are published and accessible in Switzerland or Liechtenstein
Proof of works, as required by ProLitteris (ISBN, ISSN, website, exhibition, etc.)

Additional conditions for publishing houses:

UID number
Activities and resources in Switzerland or Liechtenstein, e.g. staff, production, distribution, and marketing

The management of ProLitteris reviews your application on the basis of the statutes and the rights administration conditions and decides on the conclusion of the rights administration agreement.

Question 5

Can an exploitation agreement be concluded retroactively?

Accepted Answer

No, you cannot conclude an exploitation agreement retroactively. The agreement is valid from the time it is concluded and applies for the future.

However, it covers all rights and works that belong to you – both existing and future ones. Your previous works are therefore included in the exploitation, even if the agreement is only concluded at a later date.

It is advisable to conclude the exploitation agreement as early as possible, as soon as you are professionally active. In this way, you ensure that your claims are recorded from the outset.

If you additionally become a member of the cooperative, this may also be relevant later for possible social benefits.

Question 6

Is ProLitteris necessary for works to be protected?

Accepted Answer

A rights administration agreement is not necessary for your works to be protected. Protection arises automatically as soon as you create a work. A rights administration agreement with ProLitteris serves to receive royalties for the use of your works.

Authors do not have to register their works or conclude an agreement. This distinguishes copyright from patents, trademarks, and designs.

ProLitteris recommends accompanying the publication of works with notices referring to authorship and to the rights. In addition, ProLitteris offers a digital deposit that can facilitate proof. However, this is not a requirement, neither towards ProLitteris nor towards third parties who might one day dispute the copyright.

Question 7

Does membership with ProLitteris have any disadvantages?

Accepted Answer

Membership has no disadvantages. ProLitteris manages statutory rights that are independent of the contracts between different rightsholders.

Only in a small part of the Audio sector do contracts between authors and publishing houses play a role. For readings and film adaptations of literature in the programs of broadcasting companies, it depends on the individual publishing contract whether the author or the publishing house is responsible.

You can adjust all rights annually in the ProLitteris portal.

A rights administration contract with ProLitteris therefore has no legal or practical disadvantages for you. You retain control over your rights.

Question 8

To what extent does it not matter if my rights are held by a publishing house?

Accepted Answer

In the main distribution, you receive royalties independently of your contracts with other persons. Authors, publishing houses and heirs of authors are entitled.

The reason is mandatory collective management. Royalties are calculated independently and you are entitled to them by law.

It is different in the case of voluntary collective management. At ProLitteris, this concerns the areas Audio and Art. Here, ProLitteris can only manage the rights that actually lie with you. If rights have already been transferred to a publishing house, a museum or another person before they were transferred to ProLitteris in the rights administration agreement, ProLitteris cannot license uses.

This is how you avoid conflicts:

Exclusion of the areas Audio and/or Art in the rights administration agreement
Adjustment of the transfer of rights
Area Art: define individual exclusions for individual works or uses

The adjustment of rights in the ProLitteris portal is possible until 30. September and becomes effective on 1. January of the following year.

Question 9

What applies in the event of death, inheritance, or representation of authors?

Accepted Answer

In the event of death, the copyrights pass to the persons entitled to inherit. Who receives the rights is determined by inheritance law.

If several persons inherit, they form a community of heirs. This appoints a joint representative who takes over contact with ProLitteris. The basis for this is a certificate of inheritance.

During their lifetime, the exploitation agreement always remains tied to the author. Other persons or institutions cannot conclude the agreement, even if they have received rights. Only after death can heirs take over the exploitation agreement or conclude a new one and continue to administer the rights.

A foundation cannot become a member during the author’s lifetime. However, authors can authorize a person to manage their account and take over the administration in dealings with ProLitteris.

Question 10

Is membership in several collective management organizations possible?

Accepted Answer

Membership in several collective management organizations only makes sense if you are active in different fields, e.g. as a visual artist and at the same time as a musician. For texts and images, membership in ProLitteris is sufficient.

Due to legal and administrative issues, ProLitteris avoids simultaneous membership in another collective management organization with the same field of activity. In the past, this led to additional effort and to a lack of clarity regarding royalties.

ProLitteris cooperates with foreign organizations so that you receive royalties from abroad even without dual membership. In some cases, it is possible for rightsholders of another collective management organization to participate directly in the distributions of ProLitteris. For all other cases and rightsholders, ProLitteris pays the other collective management organization an annual quota defined by the supervisory board.

Question 11

What applies if you move abroad?

Accepted Answer

If you move abroad and are not a citizen of Switzerland or the Principality of Liechtenstein, you should terminate the exploitation agreement with ProLitteris.

The decisive factor is the exploitation terms of ProLitteris.

Your rights should only be exploited by a collective management organization in the same field. Thanks to the cooperation between the organizations, you receive royalties from abroad even without dual membership.

Please note: If you terminate your membership with ProLitteris, certain benefits – for example from the welfare foundation – may cease. Which rights to compensation you have is determined by the regulations of the welfare foundation.

Question 12

Who can receive social benefits?

Accepted Answer

You can only receive social benefits if you are an author and if you have a membership in the ProLitteris cooperative.

The cooperative membership is – like the exploitation agreement – free of charge and offers additional advantages. You can take part in the general assembly and you have the right to vote.

The ProLitteris welfare foundation supports members in two cases:

Old-age pensions for authors who have been members for at least 10 years and have received a minimum amount in royalties
Emergency aid for members in financial need, upon application

It is advisable to take out the membership as early as possible. The duration of your membership is decisive for the calculation of a later old-age pension.

Question 13

Which types of images does ProLitteris manage in the Art sector?

Accepted Answer

In the Art sector, ProLitteris exclusively manages works of visual art as well as art photography.

This includes in particular paintings, sculptures and other works of art, as well as photographs that are exhibited.

The decisive factor is that the works are reproduced in the art market and that royalties can be claimed for them. Press photographs, stock images or portrait photographs, on the other hand, are not covered. ProLitteris does not manage these categories of works in voluntary collective management. However, like all texts and images, they are admitted under the conditions of the main distribution in mandatory collective management.

For photographers: If you create both works of art and other photographs, ProLitteris licenses only the rights to your works of art and to your art photographs. Other photographs remain under your own control.

Question 14

What is the difference between mandatory and voluntary collective management?

Accepted Answer

Mandatory and voluntary collective management differ in their legal basis and in the freedom of choice of the rightsholders.

In the case of mandatory collective management, the royalties are based directly on the Copyright Act, for example in the case of copying levies. ProLitteris collects these statutory royalties and distributes them to the rightsholders. This form of management is prescribed and you cannot control it individually.

In the case of voluntary collective management, for example in the areas of Audio and Art, the management is based on a contract. You decide yourself whether you transfer these rights to ProLitteris or waive them.

In the management contract, you can specifically include or exclude voluntary collective management. Changes are possible annually for the future.

Question 15

What does individual exploitation or collective exploitation mean?

Accepted Answer

Individual exploitation means that you exploit your rights yourself. You have this choice in voluntary collective exploitation. You grant licenses or transfer rights directly to third parties, for example to a publishing house or a client. In this case, ProLitteris does not act for you.

Collective exploitation means that a collective management organization such as ProLitteris exploits certain rights jointly for many rightsholders. It sets tariffs, concludes contracts and collects royalties. In every case, ProLitteris distributes the royalties to the rightsholders without making any profit of its own.

Specifically: in the Audio and Art sectors you can exploit your rights yourself or transfer them to ProLitteris. In mandatory collective exploitation you do not have this choice. The law permits certain uses by schools, libraries and companies – with a statutory royalty that flows via ProLitteris to the rightsholders.

Question 16

What does it mean to exploit copyright?

Accepted Answer

To exploit copyright means that you receive a royalty for the use of your works.

When someone uses your work, this person or organization pays an amount of money. This is forwarded to you as the rightsholder.

The exploitation generally takes place by means of contracts. In contracts there are two forms, which have different implications:

Transfer rights: You assign the rights in whole or in part, then they are disposed of.
Grant rights of use (license): You allow a specific use, but remain the rightsholder.

Depending on the situation, you decide whether and how you exploit your rights. In case of doubt, licensing should be chosen so that you do not lose the rights. In the exploitation contract with ProLitteris, however, a transfer of rights is necessary so that ProLitteris can define tariffs and contracts and collect royalties in its own name.

Question 17

Who are authors, publishing houses, heirs?

Accepted Answer

Authors are persons who have created works or will create works. They are always natural persons, in other words human beings.

Publishing houses are persons or companies that publish works with the consent of the authors and hold the corresponding rights. Publishing houses can be natural persons or legal entities. ProLitteris requires a company identification number (UID) and that the publishing house is identifiable on a publication.

Heirs are persons who take over the copyrights after the death of a female or male author. The basis for this is the certificate of inheritance. Several heirs must appoint a joint representative. This person acts in their own name for all heirs in dealings with ProLitteris.

Question 18

What recommendation does ProLitteris give regarding the transfer of rights?

Accepted Answer

ProLitteris recommends transferring all rights provided for in the exploitation agreement. If you exclude rights or define exceptions, you will receive lower royalties.

In a few cases, you should exclude individual areas:

Exception for the Audio area: authors or heirs have no rights to texts that are broadcast on radio and television. In that case, the transfer of these rights is unnecessary.
Exception for the Audio area: publishing houses or authors regulate uses by SRG and other broadcasting companies themselves.
Exception for the Art area: authors or heirs have no rights to works of art. In that case, the transfer of these rights is unnecessary.
Exception for the Art area: artists or their heirs regulate uses by museums and other persons themselves.

When you conclude your exploitation agreement, ProLitteris asks in the portal which work categories concern you. Based on this information, the scope of the transfer of rights is preset. You can adjust the rights annually for the future.

Question 19

What is the Audio sector?

Accepted Answer

The Audio distribution concerns texts in the offering of broadcasting companies. These include literary works, spoken word and comedy as well as screenplays, provided that they are not exploited by another collective management organization (Suissimage or SSA).

ProLitteris enables copyright-compliant uses of linguistic works on radio, television or on the internet, provided that the user is a broadcasting company (SRG or private broadcasters). ProLitteris handles the licensing in its own name and distributes the royalties to the rightsholders.

This is voluntary collective management. This means: The royalties are based on a choice in the exploitation agreement and not directly on the law.

Question 20

What is the Art distribution?

Accepted Answer

The Art distribution includes royalties for the use of works of visual art and of art photographs.

ProLitteris enables copyright-compliant reproductions of artworks that are used in the art market or in cultural mediation. ProLitteris handles the licensing in its own name and distributes the royalties to the rightsholders.

This is voluntary collective management. This means: The royalties are based on a choice in the exploitation agreement and not directly on the law.

Question 21

What is the Internet sector?

Accepted Answer

The Internet exploitation sector concerns uses of works on platforms and by search engines.

This sector is not active and ProLitteris does not conclude contracts. The reason is that a legislative procedure concerning royalties from platforms is pending.

Therefore, ProLitteris has so far not concluded any contracts with platforms and no royalties are currently being paid in this sector.

Question 22

What are the individual exceptions in the Art sector?

Accepted Answer

In the Art sector, you can define three individual exceptions. In doing so, you determine that certain works, uses, or users are not managed by ProLitteris.

Examples of individual exceptions:

certain works (e.g. «the dove» or «all watercolors»)
certain users (e.g. a gallery, a museum, a publishing house, an archive)
certain uses (e.g. all uses on the internet)

You must define the exceptions in advance in the portal. Adjustments are possible annually until 30.09. and apply from the following year.

Under these conditions, ProLitteris does not grant licenses and does not collect royalties. You decide yourself whether and how your work is used.

Question 23

Can contracts determine how ProLitteris distributes the royalties?

Accepted Answer

ProLitteris distributes all royalties on the basis of the distribution regulations and their application in practice. Contracts cannot determine how ProLitteris pays out statutory royalties.

The contractual division of royalties among several rightsholders is generally not possible. If required, several persons can divide among themselves the royalties they have received.

In the area of statutory royalties, both the author and the publishing house have their own independent claim.

Question 24

Should publishing contracts, employment contracts and commissions take ProLitteris into account?

Accepted Answer

As a rule, contracts do not have to take the collective management by ProLitteris into account. Both parties to a contract (e.g. author, publishing house) can be members of ProLitteris in accordance with its rules and receive royalties.

In mandatory collective management, employment contracts, publishing contracts or commissions have no impact on the royalties for legal reasons. These are determined exclusively by the law and the distribution rules of ProLitteris. Conversely, ProLitteris does not influence the contractual relationships.

Only in voluntary collective management in the Audio sector does it matter where the rights for uses by broadcasting companies lie. ProLitteris licenses the uses of SRG and private broadcasters on behalf of the entitled person. In a publishing contract, the rights for broadcasting should therefore either remain with the author or be transferred to the publishing house. ProLitteris recommends formulating the rights in a publishing contract in the same way as in the exploitation conditions for the Audio sector. On this basis, the person who holds the rights (author or publishing house) can then transfer the Audio sector to ProLitteris and receive the royalties that ProLitteris collects from the broadcasting companies. The publishing house or the author should also inform SRG of this choice so that uses are declared correctly.

Question 25

How do collective management organizations work together internationally?

Accepted Answer

Collective management organizations work together internationally by exchanging data on works, uses and rightsholders and forwarding royalties across national borders.

ProLitteris distributes part of the income to foreign collective management organizations for their members. Each collective management organization receives a quota that ProLitteris calculates according to a key approved by the supervisory board.

Conversely, ProLitteris receives royalties from abroad for uses of works of rightsholders who are members of ProLitteris.

Question 26

What are extended collective licenses?

Accepted Answer

Extended collective licenses allow the use of many works at the same time – including works of rights holders who do not have a management agreement with ProLitteris.

ProLitteris may grant such licenses if the statutory requirements pursuant to Art. 43a CopA are met.

To date, ProLitteris offers an extended collective license for the following uses:

Publications by memory institutions when archives or collections are made accessible on the Internet
Uses that exceed statutory limitations in a non-substantial way, e.g. for collection catalogues, journalistic reporting or exhibition catalogues
Uses for purely internal applications of artificial intelligence, e.g. for Copilot and similar AI tools

The extended collective licenses enable uses in new areas without the need to revise the Copyright Act. ProLitteris supports this statutory instrument in the interest of rights holders and users.

Question 27

Which exceptions to rights are there for extended collective licenses?

Accepted Answer

After ProLitteris has granted an extended collective license, it is published on the website. After that, rights holders can submit an opt-out declaration. In doing so, you object to the use of your works within the framework of a specific license.

The opt-out declaration always refers to a specific license and to the future.

Participation in the distribution of royalties from this license is no longer possible in this case.

Question 28

What is the VG WORT Digital Copyright License?

Accepted Answer

The VG WORT Digital Copyright License is a standard license for the use of protected texts in digital working environments.

It covers typical usage situations in which content is used within organizations, for example:

Scientific content on the intranet of multinational companies
Exchange of documents in the collaboration of project teams
Communication with authorities, e.g. for patent applications

The aim is to close legal gaps and to enable simple, legally compliant use of copyright-protected content.

ProLitteris and other collective management organizations have joined this license in an international collaboration.

Question 29

What is the main distribution of ProLitteris?

Accepted Answer

ProLitteris pays statutory royalties and most international royalties once a year.

The distribution takes place annually in September and concerns royalties from the previous year. These come from the mandatory collective management regulated in the common tariffs (CT 1 to 14), as well as from similar exploitations abroad.

To participate in the main distribution, you need a rights management agreement with ProLitteris.

Question 30

Who receives royalties?

Accepted Answer

You can participate in the main distribution if you are a rightsholder and have a rights administration agreement with ProLitteris.

The following are eligible to participate:

authors
publishing houses
heirs of authors

Other rightsholders, for example agencies, foundations or producers, cannot participate. The reason is that ProLitteris accesses standardized data that can be identified on a published copy of a work. In practice, this mainly allows authors and publishing houses to be clearly identified.

In certain areas, the systems of ProLitteris also allow members of foreign collective management organizations or of SSA to receive royalties directly from ProLitteris. In these cases, the distribution is handled via the other collective management organization.

Question 31

By when do works and contributions have to be reported?

Accepted Answer

The deadline for declarations runs until 31 January for:

Print distribution
Broadcast distribution
Expo distribution (from 2027)

For works on the internet, the process is different. In this case, the publishing house reports the authors and texts by 31 March, provided it has correctly integrated the ProLitteris counting tags on the website. After that, authors can link themselves to these reports until 31 May.

Question 32

What needs to be considered when reporting works?

Accepted Answer

ProLitteris recommends that you report works on an ongoing basis and not only towards the end of the deadline.

It is important that you report contributions in works completely and correctly. Suspicious reports are checked. ProLitteris must reject incorrect reports.

In the Broadcast distribution, all broadcast minutes and image transmissions must be declared in full, including repeats.

Missing reports always result in royalties being forfeited. ProLitteris cannot pay out these royalties later or as a gesture of goodwill. This also applies if the error does not lie with the person who failed to claim the royalty, but for example with the publishing house in the Online distribution.

Question 33

How are royalties distributed to several people?

Accepted Answer

The royalties are divided differently between authors and publishing houses depending on the distribution.

In the Print distribution, authors and publishing houses each receive their own royalties. The calculation is based on fixed keys, depending on the work category and the role of a specific person, e.g. as author or translator.

In the Online distribution, the royalty per work is divided in half between the authors (one or more people) and the publishing house. The prerequisite is that the publishing house reports the work and uses tracking codes. Without a publishing house there is no royalty.

In the Broadcast distribution, the royalties for authors and publishing houses are calculated separately. If several rightsholders are involved, each person can be remunerated for their broadcast minutes or images. If several people hold rights to an entire broadcast, the broadcast minutes are divided per capita or on the basis of a measurement.

Question 34

Are AI‑generated works protected by copyright and eligible for royalties?

Accepted Answer

If works are created with AI, then – according to the general rule in copyright law – they are protected and eligible for royalties only if an original, individual human creation is expressed.

What is decisive is not a specific AI share, but the personal creative contribution of one person or several people working together. If AI is used merely as a tool and a human being substantially shapes the result, then in most cases a protected work exists. If, on the other hand, AI takes over the creation without any recognizable original human shaping, then no work arises within the meaning of the Copyright Act and there is no copyright protection, and ProLitteris does not distribute any royalty for this product.

By declaring a work with ProLitteris, you confirm as author or publishing house:

That it is a work within the meaning of the Copyright Act.
That you have created or published the work.

Furthermore, you must ensure that a work does not infringe third‑party rights and that the use of artificial intelligence does not take place in a way that prevents a work from coming into existence.

ProLitteris relies on the information and confirmation of the rightsholders and can carry out checks at any time. ProLitteris follows the development of technology and the use of AI and comments on it regularly.

Question 35

Which distributions are relevant for me?

Accepted Answer

The main distribution at ProLitteris comprises several areas: Print, Online, Broadcast, and from 2027 Expo. Which of these is relevant for you depends on how your works are used.

The distributions at a glance:

Print: texts and images in printed books, newspapers, and magazines. The Print distribution concerns works with an ISBN or ISSN.
Online: texts and images on websites. The Online distribution is particularly suitable for media publishing houses and academic publishing houses. Content in audio or video formats is excluded.
Broadcast: texts and images on radio and television. These are first of all texts that are also used in the Audio area, namely by broadcasting organizations, specifically spoken word and comedy, scripts and fictional works that are read or filmed. In addition, in the Broadcast distribution all images and all verbal expressions on radio and television are remunerated – it is important to make a complete declaration in the ProLitteris portal, separately also for repeats.
Expo (from 2027): works that are exhibited. The Expo distribution is for artists whose artworks are exhibited.

All areas together form the main distribution. If you hold rights to texts or images and have a rights administration agreement, you can participate in one or more of these distributions.

Question 36

Which distributions are relevant for book authors and book publishing houses?

Accepted Answer

For authors, translators and publishing houses of books, the Print distribution is central.

If readings take place on radio or television or if filmed literature is broadcast, the Broadcast distribution is an option.

Copy-protected e-books cannot participate in the Online distribution, and files without copy protection often do not reach the necessary number of accesses per year.

In voluntary collective management, the Audio area is added. Instruct ProLitteris to manage your rights vis-à-vis SRG and the other broadcasting companies.

Question 37

Which distributions are relevant for journalists and academics?

Accepted Answer

For authors in the fields of journalism and academia, the Online distribution is central. The operator of the website must be a publishing house with a membership with ProLitteris, implement counting markers, and declare the texts as well as the authors.

Works in printed newspapers and magazines can receive an additional royalty in the Print distribution.

There is no area of voluntary collective management in journalism.

Question 38

Which distributions are relevant for visual artists?

Accepted Answer

For authors of visual art and photography, the Print distribution is central.

If works are exhibited publicly, the Expo distribution (from 2027) is an option.

Artworks on websites can only participate in the Online distribution if they are accompanied by a text that has a minimum length and achieves a sufficient number of visits. ProLitteris cannot pay royalties for image-only publications.

In voluntary collective management, the Art distribution is added. Authorize ProLitteris to manage your rights vis-à-vis museums and other users. The reproduction of photographs is only covered in this distribution if exhibitions or sales on the art market take place.

Question 39

Can the same work receive a royalty for the printed and the digital version, for example a journalistic text?

Accepted Answer

The same work can receive a royalty for both the printed and the digital version. This situation occurs in journalism and in academia.

The Print distribution and the Online distribution are two separate systems. The Print distribution concerns printed works on paper, while the Online distribution covers the use of content on the internet.

It is therefore not a double royalty, but two independent royalties for different forms of use.

Question 40

Which distribution can files such as EPUB or PDF participate in?

Accepted Answer

Digital files such as EPUB or PDF can participate in the Online distribution if certain conditions are met.

The decisive factor is that the file has no copy protection and that the publishing house uses ProLitteris counting tags correctly.

Since counting tags cannot be built directly into EPUB or PDF files, they must be integrated into the HTML page through which the document is accessed. This allows accesses to be counted and royalties to be distributed.

If a platform or a publishing house does not meet these technical requirements, no royalty is possible.

Question 41

Can e-books participate in a distribution?

Accepted Answer

The registration of an e-book in the Print distribution is excluded, because it is not a printed copy of a work. However, in the Print distribution, an e-book version of a printed book is included in the royalty on a calculated basis.

If e-books have copy protection, a royalty in the Online distribution for the copy of the work is excluded.

If e-books are not copy-protected, participation in the Online distribution is possible. Often, there is an insufficient number of accesses. The same applies as for EPUB and PDF.

Question 42

Is there a royalty for posts on social media?

Accepted Answer

There is no royalty from ProLitteris for posts on social media.

Royalties for online uses, regardless of the channels, are possible within the voluntary collective management in the areas of Audio (texts in broadcasts) and Art (artworks), provided that the rights are held by ProLitteris.

Question 43

How do you receive a royalty for a contribution on radio or TV?

Accepted Answer

For a contribution on radio or television, two royalties are possible.

First, there is the Broadcast distribution. Here you receive statutory royalties for the retransmission of radio and TV programs. This payment is made once a year in September, provided that you have recorded the broadcasts in full and on time in the ProLitteris portal.

Second, there is the Audio sector. Here you receive contractual royalties for spoken texts in programs, provided that you have transferred these rights to ProLitteris. Payments in the Audio sector are generally made monthly. For the Audio distribution you do not have to report the uses yourself. ProLitteris receives the information directly from SRG and the other broadcasting companies.

These two royalties are legally independent of each other.

Question 44

Can media professionals of SRG participate in a distribution?

Accepted Answer

Media professionals who are employed by SRG or another broadcasting company cannot participate in any distribution by ProLitteris.

The statutory royalties are handled via IRF (Interessengemeinschaft für Radio und Fernsehen). This organization bundles the rights of the broadcasting companies and receives lump-sum royalties from the collective management organizations.

Authors benefit from these royalties through their employer.

Participation in the Audio sector – voluntary collective management – is excluded from the outset for employees of a broadcasting company, because the rights have been transferred to the broadcasting company in all employment contracts.

Question 45

Is there a royalty for a work on the SRG website?

Accepted Answer

For a work on the SRG website, you receive a royalty provided that you are registered with ProLitteris as a rightsholder and have transferred the rights in the Audio sector.

Question 46

Do you receive a royalty if you have not assigned the rights to radio or TV content for the Audio sector?

Accepted Answer

If you have not assigned the rights for the Audio sector, you can still receive royalties, namely statutory royalties in the Broadcast distribution.

The prerequisite is that the work was not created as part of an employment relationship with the broadcasting company.

Question 47

Can you receive a royalty via ProLitteris if SRG offers audio or video contributions on the internet?

Accepted Answer

You can receive a royalty in the Audio sector if SRG offers audio or video contributions on the internet.

The prerequisite is that these are linguistic works – for this reason ProLitteris calls this sector «Audio».

The Audio sector also applies to content that broadcasting companies publish on platforms such as YouTube.

There is no royalty for on-demand uses in the Broadcast distribution. This distribution only covers linear radio and TV programs.

Question 48

How do the Broadcast distribution and the Audio sector differ?

Accepted Answer

The Broadcast distribution and the Audio sector differ in their basis, procedure, and requirements.

The Broadcast distribution concerns statutory royalties for the retransmission of radio and TV programs. These royalties come from network operators and internet services. Rightsholders must declare their works themselves in the portal, including every repeat. ProLitteris cannot make this declaration on their behalf. Payment is made once a year as part of the main distribution.

The Audio sector concerns contractual royalties paid directly by broadcasting companies for spoken texts. The requirement is that you have transferred these rights to ProLitteris. A separate declaration is not necessary, because the uses are reported by the broadcasting companies. Payment is made regularly, usually on a monthly basis.

There are also differences in terms of content: In the Broadcast distribution, conversations and interviews are also permitted, but not in the Audio sector. Works created under an employment relationship are excluded in both areas.

Question 49

What requirements apply to reported works?

Accepted Answer

For your works to be taken into account, two conditions must be met: your authorship and the status of the work under copyright law.

Your work must be an individual human creation. Content without its own creative contribution is not accepted, for example purely AI-generated results or texts and images that have been taken over in full or predominantly from third-party sources.

ProLitteris may request evidence from you in order to verify your authorship and the status as a work. In addition, random checks are carried out to ensure the accuracy and admissibility of the reports.

Question 50

How and when does ProLitteris check whether a protected work exists?

Accepted Answer

ProLitteris checks whether a protected work exists in different situations and at different times.

A check is carried out in particular:

when several rightsholders report the same work
in the event of indications of or suspicion of errors or misuse
systematically as part of inspections, depending on the distribution as a full check or a random sample

Automatic or manual confirmation in the reporting system does not yet mean that your work will definitely receive a royalty. Errors or ambiguities can also be identified later as part of an inspection.

Question 51

What deductions does ProLitteris make before royalties are distributed?

Accepted Answer

Before payment, ProLitteris deducts certain portions from the royalties.

These deductions include:

9% of the Swiss income for the Welfare Foundation (social purposes)
1% of the Swiss income for the Cultural Fund Foundation (cultural purposes)
around 15% for administrative costs, depending on the financial year and sector

The amount of the deductions may vary depending on the agreement and applicable rules.

Question 52

Which contractual royalties are added to the main distribution?

Accepted Answer

You receive contractual royalties in the distributions of royalties from broadcasting companies and for the reproduction of artworks, provided that you are active in these areas and have transferred the corresponding rights to ProLitteris, and provided that your works are actually used.

This applies in particular to:

Audio sector: for texts in broadcasts
Art sector: for reproductions of artworks

To receive these royalties, you must activate the corresponding areas in the exploitation agreement.

You can adjust this decision annually. Changes apply from the following year.

Question 53

Who cannot participate in the main distribution?

Accepted Answer

You cannot participate in the main distribution if you belong to one of the following groups:

Authors at news or picture agencies, because their authorship is usually not clearly indicated in publications.
Employed authors at broadcasting companies, because their royalties are handled on a lump-sum basis via the IRF interest group.
Rightsholders who already receive royalties from another collective management organization for the same rights and uses.

Double royalty payments for the same use are always excluded.

Question 54

Which royalties do broadcasting companies and agencies receive?

Accepted Answer

Broadcasting companies such as SRG and private providers receive royalties via the Interest Group for Radio and Television (IRF). Their employed authors also benefit from this indirectly.

The news agencies Keystone-SDA, AWP Finanznachrichten and FMR Fundaziun Medias Rumantschas receive flat-rate royalties directly from ProLitteris – for themselves as well as for their employees and contractors.

These flat-rate royalties replace individual participation in the main distribution. If you are employed by a broadcasting company or work for one of the above-mentioned news agencies, you therefore cannot participate in the Print, Online or Broadcast distributions.

In the distribution regulations, these institutions are referred to as «exploitation organizations».

Question 55

Which regulations apply to the distribution of statutory royalties?

Accepted Answer

The statutory requirements for the distribution can be summarized as follows (see in particular Art. 45 para. 2 and 49 CA):

Distribution according to fixed rules: transparent, determinable compensation

Distribution according to frequency of use and value of use (approximation)

Equal treatment of rights holders (appropriate criteria for differentiation)

Cost-effectiveness: efficient processes, low administrative effort

Appropriate share for authors (Art. 49 para. 3 CA)

Every amendment to the distribution regulations is submitted to the supervisory board and the Swiss Federal Institute of Intellectual Property for approval. The customer service department receives suggestions for adjustments to the distribution for the attention of the executive management.

Question 56

What is the Print distribution?

Accepted Answer

The Print distribution is the oldest part of the main distribution of ProLitteris and concerns printed works.

Here you receive royalties for works that have been published in printed form, for example in books, newspapers, or magazines. The royalties come mainly from copying levies.

For your works to be taken into account, you must report them with complete and correct information by 31 January of the distribution year at the latest.

For digital publications, however, the Online distribution is responsible.

Question 57

Which conditions apply in the Print distribution?

Accepted Answer

The Print distribution covers printed texts and images that have appeared in books, newspapers, or magazines.

For your works to be taken into account, they must be published and available on the market or in a sufficient number of libraries. In addition, you must report the works correctly by 31 January of the following year at the latest.

Question 58

What circulation must a work have for Print distribution, and how do I provide evidence of this?

Accepted Answer

A work is taken into account in Print distribution if it is sufficiently circulated.

This requirement is met if one of the following conditions applies:

The work is publicly sold in Switzerland in a minimum print run of 100 copies. In this case, you need a confirmation from the publishing house.
Or the work can be borrowed from libraries:
- at least two libraries for German- or French-language works
- at least one library for Italian- or Romansh-language works

As evidence, for example, a library receipt, a link, or a screenshot from a catalog such as Swisscovery is sufficient. Please send this to us by email.

The possibility of borrowing must refer to the printed version. Availability online only is not sufficient.

Question 59

Which royalties are available in the Print distribution?

Accepted Answer

In the Print distribution, you receive royalties over several years, depending on the type of your work.

The royalty period per category of the Print distribution is governed by the distribution rules. ProLitteris is shortening the number of years in several revisions of the distribution rules with the following goal:

Books (BL, SL, WL, LM) 8 years
Magazines (SZ, WZ) 4 years
Journalism (PZ) 1 year.

Currently, longer royalty periods still apply. The information in the portal is decisive.

If several rights holders are involved in a work, the royalties are calculated separately for each person.

Question 60

How can members of SSA, Société des Auteurs, participate in the Print distribution?

Accepted Answer

As a member of SSA, you can participate in the Print distribution without concluding a rights administration agreement with ProLitteris.

You can report your contributions in printed books, newspapers or magazines directly to ProLitteris. For this, you need access to the portal and to the Print distribution.

An additional membership with ProLitteris is possible, but not required.

Important: If you are affiliated with both SSA and ProLitteris, you may not receive a double royalty for the same work and the same use.

Question 61

What is the Online distribution?

Accepted Answer

The Online distribution is part of the main distribution and concerns royalties for works on the internet.

Here you receive royalties for texts and images that were published online. The income comes mainly from statutory royalties in the digital sector as well as from abroad.

The role of the publishing house, that is, the operator of the website, is decisive. For your work to be taken into account, the publishing house must:

integrate counting tags from ProLitteris
report the works and data correctly by 31.03. at the latest

As an author you can only receive your royalty if the publishing house meets these requirements. It is therefore worthwhile to speak to your publishing house about participating in the Online distribution.

For printed works, however, the Print distribution is responsible.

Question 62

Which work categories are covered by Online distribution?

Accepted Answer

Online distribution covers texts that are published on the internet and meet certain minimum requirements.

For your work to be taken into account, it must:

be at least 1,500 characters long
reach at least 500 accesses from Switzerland per year (for paid content: 125)

The notification is submitted by the publishing house by 31.03. Authors should check these notifications by 31.05 and, if necessary, complete them with their MemberID.

If all requirements are met, the royalty is divided equally between you and the publishing house.

Question 63

Are images also taken into account in the Online distribution?

Accepted Answer

Images are also taken into account in the Online distribution.

The prerequisite is that your texts and images are published on a website that uses ProLitteris counting tags, and that the minimum requirements are met, in particular regarding text length and number of accesses.

The publishing house must declare that one image or several images have been published with a text – and it must provide the MemberID of the image author or authors.

In addition, you as the right holder must have a rights administration agreement with ProLitteris.

Question 64

What can you do to receive royalties in the Online distribution?

Accepted Answer

To receive royalties from the Online distribution, the participation of your publishing house is crucial.

First check whether your publishing house is already participating in the Online distribution. If not, you can draw your publishing house’s attention to it and encourage participation – especially if the website achieves a sufficient number of visits.

It is also important that the publishing house records and assigns your works correctly. Your ProLitteris MemberID helps with this. You receive it when you conclude a rights administration agreement.

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