On April 6, the Swiss copyright office launched a discussion on the proposal for the revision of the copyright law in Switzerland at its media event in Berne. The Swiss copyright office presented a pocket guide as well as a website and commented on the most important changes. The primary goal of the copyright revision is the ratification of the two WIPO Internet Treaties.
A crucial point is the legal status conferred to technical copyright protection measures, such as Digital Rights Management (DRM), and ensuring prohibition of their circumvention. However, in contrast with copyright laws passed in other countries, circumvention would be allowed for uses authorized in general by copyright law (personal copies, fair use). File downloading will remain legal, because users cannot be required to decide whether a file is offered legally or not. The proposed law clarifies the legal status of Internet Providers, stating that they can't be held responsible for their customers' copyright infringements. The Federal Council would also install an Observatory (Observatoire des mesures techniques) to arbitrate between the different parties and to watch over the use and misuse of technical protection measures. The Observatory was heavily criticised by all sides, especially by consumer organisations because it would lack power. Regarding the payment of rights, the Federal Council favors the co-existence of their traditional levying by collecting societies, and of direct automated levying through DRM technologies.
The website and the pocket guide are the result of a joint effort by different interest groups and the Swiss copyright office. Their aim is to stimulate the public debate and give a balanced view on the topic, e.g. the harms and benefits of DRM systems. The pocket guide tries to explain the proposed changes on a very general level, and quotations of different actors give a first view on the debated issues. On the website, however, there is a dubious flash game, sponsored by Microsoft, where people are encouraged to hunt "pirates of ideas".
The Parliament will decide about the revision later this year. It is expected that the different groups will try to change the law and even expand the revision to include further regulations such as the introduction of a tax levy for copy machines, or the rights on works made for an employer. Several civil liberty groups, such as SIUG, comunica-ch and Digitale Allmend are planning to protect their interests as users and producers of digital content.
Proposal for the revision of copyright in Switzerland
http://www.ige.ch/E/jurinfo/j103.shtm
Swiss Copyright Office - website and pocket guide
http://www.swiss-copyright.ch
(Contribution by Daniel Boos, Member of SIUG and Digitale Allmend)