ProLitteris holds the reproduction rights to the artworks it represents. When a postage stamp is to be created, ProLitteris grants Swiss Post a license for the printing of artworks. Because the small format can lead to changes to the image and stylizations, this requires sensitivity towards the rights holders and agreements on how the chosen work will be shown.
The license entitles Swiss Post to produce and distribute the postage stamp. This also includes the license to reproduce the stamp as an illustration in its own communication channels. As always, the uses are specified and described in license agreements.
But what about the rights of third parties? Are media and catalogs also allowed to reproduce the stamp in their printed products or digital channels? Swiss Post can grant a license for this if it holds the rights to the stamp and to the subjects depicted on it. For the repertoire of ProLitteris, however, no full rights are transferred; only permissions to use (licenses) are granted. So these third parties need a separate license from ProLitteris in order to avoid an infringement of copyright.
The solution: ProLitteris includes the harmless and usual subsequent uses by media and catalogs in the license granted to Swiss Post. Legally, this is a sublicense to third parties, and Swiss Post can indicate this when providing image material to journalists and publishing houses. ProLitteris takes a similar approach with museums and archives whose art publications are to be used by third parties in individual cases.
But is this not a standard situation that one would like to regulate in general? ProLitteris has offered Swiss Post an extended collective license (ECL) under which media and catalogs are authorized to reproduce the stamp for all postage stamps. The statutory requirements are a larger number of works and uses, and the market for the works concerned must not be disrupted.
An extended collective license could create legal certainty at a stroke (Art. 43a CopA). Such uses already take place today, but in ignorance of copyright or in a legal gray area.
In dialogue with Swiss Post, it emerged that it finds an extended collective license interesting but does not yet want to decide in favor of it. The solution is also not perfect in every respect. Swiss Post assessed the following circumstances:
- With an extended collective license, ProLitteris can cover uses in Switzerland. However, ProLitteris cannot provide legal protection for uses in foreign legal systems. And for people who use an artwork outside Switzerland and the Principality of Liechtenstein, the collecting societies there are responsible (e.g. ADAGP for France, VG Bild-Kunst for Germany, Bildrecht for Austria, and SIAE for Italy). In this situation, media and catalogs must still take care of their own authorization to use copyrighted works – even in the case of an extended collective license from ProLitteris.
- Under Swiss law, there is no privilege for postage stamps, but there is a privilege for journalistic reporting, provided it concerns a current event (the postage stamp has just been launched) and provided the reproduction is accompanied by a journalistic report dealing with the event. In many cases, freedom of reporting may be sufficient in journalism. However, reproductions of postage stamps outside the context of current events are not covered by freedom of reporting. In journalism, it is often assumed too hastily that freedom of reporting is applicable.
- There is no privilege for stamp catalogs in Switzerland. Exhibition catalogs of museums and galleries are in a different situation here (but also with limits). The authors and editors of stamp publications therefore have to obtain a license for the reproduction of the artwork. Or they may themselves be interested in a flat-rate solution in the form of an extended collective license.
This small example shows that collecting societies can pursue their purpose of facilitating uses with generally applicable licenses if the rights holders’ own management is not impaired. However, the effect of extended collective licenses is limited to Switzerland and generally does not include third parties. ProLitteris is working to ensure that, within the network of internationally active collecting societies, solutions also emerge for such cases that can serve users of protected works and performances as a «One Stop Shop».