Copyright and Fees for ProLitteris - A Guide for Private Music Teachers

Oli Kipfer
Jul 11
6 min read

Are you a music teacher in Switzerland teaching private music students? Have you ever wondered whether you need to pay fees for reproducing works by other artists and music scores? Then this article might pique your interest.

music nots for violin lessons — Sheet music in education – protected or not?

Who is ProLitteris?

ProLitteris is a Swiss collective rights organization that protects the copyrights of authors, photographers, and other creative professionals, as well as publishers in the realm of texts and images. Its goal is to ensure that creators receive fair compensation for the use of their works. ProLitteris has a statutory mandate for collection, issues licenses, and collects fees when protected works are copied, digitally distributed, or publicly used. The organization operates under the framework of Swiss copyright law (URG) and serves as an important partner for cultural creators and users of protected content.

What does ProLitteris regulate regarding sheet music?

Sheet music is considered a protected work, with the rights held by publishers, composers, lyricists, and other rights holders. ProLitteris is responsible for the statutory licensing that the Swiss Copyright Act grants to schools as well as private companies and administrations for internal copying and teaching purposes. For this, ProLitteris requires an annual flat fee per student, as defined in a common tariff agreed upon by all Swiss collective rights organizations.

For educational purposes and internal documentation within any organization, all kinds of works—including sheet music—may be copied and stored. However, a fee must be paid to ProLitteris, the central collection agency of Swiss collective rights organizations.

When do ProLitteris fees become due?

The fees from ProLitteris are not taxes or any other form of levy, but rather civil claims based on copyright law. The flat-rate fees must be paid annually by schools, businesses, administrations, libraries, etc., after being notified by ProLitteris. You first declare the necessary data, and then you receive an invoice. ProLitteris has an online portal to manage these payments. For small organizations, the amounts amount to a few Swiss francs per year, usually with a minimum flat rate of around CHF 32.

How do I know whether I have to pay the minimum flat rate or declare everything individually?

As a music teacher, you never have to declare on an individual basis to the collective rights organizations. For flat rates, ProLitteris will contact you—you do not have to take any action yourself. For a private music teacher, the fees owed to ProLitteris are very moderate, and in most cases the minimum flat rate of CHF 32 covers the requirements. However, if you provide private lessons for more than around 2,000 hours per year, it could be a few francs more per year.

Do these fees also apply to private music teachers?

Music teachers are educators. In the words of copyright law, this takes them out of the private, familial circle of personal use. For teaching, regardless of the type of work, copyright law automatically grants a statutory license, along with the obligation to pay a fee to the collective rights organizations.

Insofar as private music teachers are not recorded through their music school (whether public or private), their teaching must be accounted for separately with ProLitteris according to the common tariffs. You do not have to get in touch with ProLitteris yourself, but can wait for them to contact you. The collective rights organization regularly conducts completeness checks and, where necessary, sends out the appropriate forms.

How high are the fees for copying sheet music?

For music teachers who teach on a permanent basis, the fee depends on the number of students. In most cases, however, the minimum fee of CHF 32 per year applies, which covers both institutional (e.g., school) and operational copying. With this payment, you are secure and compliant with music publishers and composers.

Which sheet music is exempt from fees?

The fee paid to ProLitteris covers all works, that is, all sheet music and other texts, images, and additional sources. There is no quantity limit. However, complete copies of works that can be purchased commercially are not permitted. In other words, a teacher may not provide students with a fully copied reproduction of their purchased copy. Only works in the public domain – that is, copyright-free works whose rights have expired because all the authors have been deceased for more than 70 years – are entirely free of licensing requirements.

Caution: When it comes to edited editions from publishers, caution is advised: New creative contributions or layout designs result in additional copyright, and the person holding these rights at the publisher may not have been deceased for 70 years. Sheet music explicitly licensed under Creative Commons may always be copied in full and used, according to the chosen license model – assuming that no underlying rights have been overlooked. Content created by the user is inherently free of copyright.

What is the difference between original sheet music and copies?

Original sheet music that has been legally acquired constitutes an authorized copy and does not affect the fee to ProLitteris, as long as it is not reproduced. Copies for internal use or for teaching purposes, on the other hand, fall under the obligation to pay the fee since they represent a use that is subject to copyright law.

Are digital copies of sheet music also subject to fees?

Yes, digitizing protected sheet music (e.g., scanning and distributing as a PDF) also falls under the fee regulations. The law treats analog and digital copies equally. Such actions require a license, and in cases of statutory permission (such as for teaching), a fee to ProLitteris is owed.

What happens if I break the rules?

Unauthorized copying or distribution of protected sheet music can lead to legal consequences. Rights holders, publishers, or authors may pursue injunctions and claim damages. However, this is not the responsibility of ProLitteris; it is the music publishers who would need to assert legal claims.

What happens if I do not pay the invoice from ProLitteris?

Invoices or reminders from ProLitteris must be paid. The claims are enforced legally, and you risk debt collection proceedings or a court case. It is best to contact them directly if you have any questions about an invoice.

Are there special licenses for private music teachers?

ProLitteris treats music teachers the same as other educators and schools. There are no special licenses available or needed. It is possible that certain sheet music publishers offer their own private licensing models. However, these are not necessary for teaching as long as you have access to a copy template and refrain from providing complete or nearly complete copies of commercially available works.

I've composed my own song – can I register it now and receive money for it?

That is not within the scope of ProLitteris' responsibilities. If you produce your own music, perform as an artist, write lyrics, or compose, you should check the websites of SUISA (which handles copyright for music creators and publishers) and Swissperform (which covers the rights of performing artists – such as actors and musicians – as well as producers and broadcasting companies).

What should I do if I receive a form or invoice from ProLitteris?

Check the document: Verify that the sender is indeed ProLitteris. It does not matter whether protected material has been copied or digitally distributed—the copying fee is determined based on the number of students and a tariff-based minimum amount. It is not dependent on individual copying behavior or on the specific works or categories of works.
Inquire: Contact ProLitteris if you have any uncertainties. Often, open questions can be resolved by clarifying the specific usage scenarios. ProLitteris offers a central customer service via chat, telephone, and email.
Enter into a license: If ProLitteris is requesting the statutory fee, a flat-rate license is available, with moderate annual costs of a few Swiss francs. This license provides peace of mind, provided that complete copies of works that are commercially available are not reproduced.
Seek legal advice: If you wish to critically examine the system of copying fees in more depth, consult an expert in copyright law. Experts in media law are usually well-versed in copyright matters, too. In most cases, however, the publicly available information from ProLitteris, the supervisory authority for collective rights organizations (Institute for Intellectual Property), and school administrations experienced in copyright payments is sufficient.

How can I avoid copyright conflicts?

Use original sheet music that students purchase themselves.
Refrain from copying entire music books and booklets available for sale, or use copyright-free or Creative Commons-licensed sheet music.
Obtain a license from ProLitteris under the common tariffs 7 and 8 for internal copying and copying for educational purposes.

Conclusion

Music teachers in Switzerland must pay ProLitteris fees, regardless of whether they reproduce specifically protected sheet music individually. If you receive a notification form or invoice from ProLitteris, you should review it and respond accordingly. Inform yourself with ProLitteris about the exact tariffs and licenses.