Supervision of the collective management organisations

Collective management organisations (CMOs) are required to obtain approval from the IPI to carry out their activities. The IPI is also responsible for supervising the CMOs together with the Federal Arbitration Commission for the Exploitation of Copyrights and Related Rights (FACO).

 

Any complaints about a CMO should be sent to the IPI by email to aufsichtnot shown@ipito make life hard for spam bots.ch.

  

IPI decisions concerning the supervision of the CMOs

 
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News: Judgment by the Federal Administrative Court on 7 May 2018 regarding supplementary payments to pension fund by ProLitteris

The IPI as the supervisory authority and ProLitteris had differing views about whether supplementary payments paid into the pension funds of members of the then executive board must be reimbursed. The Federal Administrative Court has now reached a decision on this and backs the view held by the supervisory authority.

The judgment of 7 May 2018 confirmed that the payments made by ProLitteris into the pension plans of the members of the executive board did not comply with sound administration and financial management. As a result, employee contributions amounting to 30% of supplementary payments made by ProLitteris must now be reclaimed from those concerned.

Irrespective of this legal dispute, independent experts investigated in-depth the administrative costs of the collective rights management organisations in 2014 and 2015 and concluded that they were appropriate. Under ProLitteris' current executive board, gross administrative costs have fallen from 30.9% of revenue (2014) to 17.4% (2016).

  

New IPI directive for the supervision of the collective rights management organisations

From 1 January 2018, the new IPI directive for the supervision of the collective rights management organisations comes into force. It sets out guidelines for the IPI as supervisory authority when reviewing the management of the collective rights management organisations. The new directive will apply as of the reporting for the business year 2018. 

The goal of the modernisation was to bring the directive up to date with regard to the current accounting methods as well as updating the interaction between the reviews conducted by the IPI on the one hand and those by the auditors on the other. All collective rights management organisations currently use the accounting standard Swiss GAAP FER and it is the basis of the new directive. It is already an extensive requirement of SWISS GAAP FER that details of revenue, expenditure and management be disclosed. Transparent collective management is in the interest not only of the collective rights management organisations and their members and users, but also in the interest of policy-makers and the public.

In the future, the collective rights management organisations can report to the IPI electronically.

The modernised directive allows the IPI to carry out supervision effectively and in an up-to-date way.

  • New IPI directive for the supervision of the collective rights management organisations from 2018 in German / French (pdf)
  • IPI directive of 13 February 2008 for the supervision of the collective rights management organisations in German (pdf)
  
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