Swiss IP Institute Outlines AI Copyright Plan With Licensing Duty, Payment From Foreign Providers and a Shift in the Burden of Proof

Switzerland’s Federal Institute of Intellectual Property (IGE) is preparing copyright rules that would require AI developers to obtain permission to use protected works and could make foreign providers pay for Swiss content, according to a presentation summarised by lawyer Martin Steiger on the Steiger Legal blog on October 27. Lena Leuenberger, a copyright specialist at the IGE, outlined the plans at the CLTR 2026 conference in Bern on October 26.

The project rests on three pillars. First, the law would state clearly that training AI models and running AI systems, including retrieving content to answer specific queries, fall under the exclusive rights of rights holders. The private-use exception would be updated so everyday uses, such as a pupil asking for a summary or a company translating an article for information, remain possible. Second, extended collective licences would let collecting societies license large volumes of works, while rights holders could opt out and negotiate their own deals. A separate remuneration right would apply when AI services offered in Switzerland were trained on, or use, works by Swiss-based creators, even if the training happened abroad.

Third, providers would face transparency duties, with industry associations first asked to negotiate the details. If a rights holder shows it is plausible that its works were used, the burden would shift to the provider to prove otherwise.

What it means in practice

Leuenberger illustrated the problem with Globi, the blue parrot that has been part of Swiss childhood since 1932: journalists at Watson asked ChatGPT for a new Globi adventure and received a rhyming story carrying the publisher’s logo. The plan responds to the Gössi motion, in which parliament asked for better protection of journalism and other works, while adding that Switzerland must not be put at a disadvantage as an AI location. Leuenberger acknowledged that Swiss-only requirements could lead some providers to limit features or exclude Swiss users altogether.

The copyright track runs alongside the wider AI law consultation planned for early 2027, linked to ratifying the Council of Europe AI convention, and it adds to Swiss work on provenance such as ETH Zurich’s role in testing AI text watermarks.

The work is at an early stage. A public consultation could open in spring 2027, and a Federal Council decision would come no earlier than mid-2027. What to watch is how AI firms, publishers and collecting societies respond once a draft text appears.