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Federal Act on Copyright and Related Rights (Copyright Act, CopA)
of 9 October 1992 (Status as of 1 July 2023)
Art. 60Principle of equitableness
1 When determining remuneration, account is taken of:
a.
the proceeds obtained from the use of the work, performance, phonogram or audio-visual fixation or broadcast, or alternatively the costs incurred in such use;
b.
the nature and quantity of the works, performances, phonograms or audio-visual fixations or broadcasts used;
c.
the ratio of protected to unprotected works, performances, phonograms or audio-visual fixations or broadcasts as well as to other services.
2 Remuneration normally amounts to a maximum of ten per cent of the proceeds or costs incurred from the use of the copyright and a maximum of three per cent for related rights; however, it is determined in such a way that entitled persons receive equitable remuneration conditioned upon sound financial management for the administration of rights.
3 The use of the work under Article 19 paragraph 1 letter b is subject to preferential tariffs.
4 The rental of copies of works in accordance with Article 13 by public or publicly accessible libraries is subject to preferential tariffs in order to safeguard the institution’s mandate to disseminate knowledge.56
56 Inserted by No I of the FA of 27 Sept. 2019, in force since 1 April 2020 (AS 2020 1003; BBl 2018 591).