In October 2018, we sent you the ordinary statement regarding use of your registered works in 2017. This statement includes remuneration from all common tariffs in the areas of retransmissionSimultaneous, integral and unaltered transmission of a radio or TV broadcast via cable network (or retransmission facility) via an entity other than the original broadcaster. Retransmission rights are subject to mandatory collective management., private copying and company use and use for educational purposes.
However, for the ordinary statement for 2017, we had to retain the payments from the common tariffConditions governing the collection of remuneration under the scope of mandatory collective management, negotiated between the Swiss collective management organisations and the associations representing work users. The tariffs are authorised by the Swiss Federal Arbitration Commission for copyright and related rights. 12, which regulates catch-up TV (replay TV, NPVR and private copying). This step was necessary because the approval of this tariff had been challenged by several broadcasting companies. The procedure is still pending. If the court seized refuses to approve the tariff or approves it to a lesser degree, this could result in refund claims from users against the collective rights management organisations participating in the tariff.
Meanwhile, the collective rights management organisations have been able to clarify the risk of such refund claims from users in mediation with the broadcasting organisations. This means that the funds withheld can now be paid out as part of a special distribution (regarding only TV-broadcasting) in April 2019, even though the tariff is not yet legally binding. After that, the ordinary statement for 2018 will be regular again (including the common tariffConditions governing the collection of remuneration under the scope of mandatory collective management, negotiated between the Swiss collective management organisations and the associations representing work users. The tariffs are authorised by the Swiss Federal Arbitration Commission for copyright and related rights. 12).