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SUISA (Swiss Society of Authors and Publishers) v. Rediffusion AG

ECC 481, BGE 107 II 57 (1981)

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SUISA (Swiss Society of Authors and Publishers) v. Rediffusion AG

Swiss Federal Supreme Court
ECC 481, BGE 107 II 57 (1981)

  • Written by Jody Stuart, JD

Facts

Rediffusion AG (defendant), a cable-television company, retransmitted to subscribers broadcasts that were already freely available over the air. The reception area of the original broadcast was not enlarged. Rediffusion did not pay royalties on these retransmissions, and the Swiss Society of Authors and Publishers (SUISA) (plaintiff) consequently sued Rediffusion in Swiss cantonal court. The cantonal court held that Rediffusion did not infringe copyrights, because Rediffusion did not itself broadcast the television programs. Rather, the cantonal court argued, Rediffusion simultaneously retransmitted, without alteration, programs that its subscribers could also receive directly with private antennae. In either case, the viewer would pay a license fee, of which the share intended for authors was already collected by SUISA. Therefore, the cantonal court concluded, SUISA would be seeking inappropriate double payment for one broadcast if it collected royalties from Rediffusion. The cantonal court only considered federal law and did not take into account the Berne Convention or foreign cases referring to the Berne Convention. SUISA appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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