Dear Community,

Here’s a short update from the Court of Berne.

As we shared in last month’s newsletter, the final hearing took place on January 27th, 2026. During the hearing, both sides had the opportunity to present their arguments on the key question: Do handpans infringe on the Hang’s copyright?

Our legal team carefully explained why the submitted handpans are not infringing the Hang’s copyright previously granted by the Court. They showed how handpans differ significantly from the Hang in four essential elements: the lens shape, the central dome and port, and the circular arrangement of tone fields.

They also emphasized that recent rulings by the European Court of Justice — issued after the Court of Berne’s original copyright decision — change the overall perspective on whether the Hang is even eligible for copyright protection in the first place.

PANArt’s lawyers argued the opposite, claiming that all handpans infringe their copyright. One interesting detail: Shortly before the hearing, a widely discussed article quoted the highly respected copyright and IP law expert Prof. Dr. Annette Kur, who stated that, if any, the copyright for the Hang should be very limited and restricting the general production of this instrument would be unacceptable in her point of view. PANArt’s lawyer repeatedly tried to downplay both her statement and her influence in the field — which, in our view, only underlined how significant her opinion actually is.

After a short break, the hearing concluded around midday, following final statements from both sides and closing remarks by the presiding judge. No time was scheduled for settlement discussions. It was clear to everyone involved — including the judge — that a settlement was unlikely at this stage.

We and our legal team left the courtroom with a positive feeling. The judge acknowledged that this decision will affect many people and said we can expect a ruling within three to four months — likely around May or June, before the Court’s summer break.

We continue to expect a positive outcome for the handpan community. If the verdict is not in our favor, we are prepared to appeal to the Swiss Federal Court. At the same time, we must assume that PANArt would also appeal any decision that goes against them.

This means that a truly final decision may not come before spring or summer 2027.

In the meantime, we still depend on donations to continue funding our defense. We are incredibly grateful for the support we’ve received through the crowdfunding campaign — truly, thank you to everyone who has contributed so far.

We are still about EUR 130,000 short of our goal, and we sincerely hope to close that gap by the end of this year. If you haven’t donated yet — or if you’d like to contribute again — you can do so here:
https://www.gofundme.com/f/the-handpan-may-become-illegal-how-can-you-stop-that

To bring fresh energy into the crowdfunding effort, our friends and partners at handpandays.com are supporting the cause with free music releases and free workshops. At the end of this month, several artists will also host a free online concert. Be sure to check it out! 

In the days before and after the hearing, multiple newspapers in Switzerland and Germany reported on the case. Most articles have taken a neutral stance, while also pointing out how extreme the consequences would be if the decision went against us — potentially devastating the global handpan community.

One important clarification: Some articles — including one published by ZEIT, one of Germany’s leading newspapers — incorrectly stated that the Swiss Federal Court has already confirmed the copyright for the Hang in general. This is not correct. The first-instance decision from last year is not final. The appeal initiated after the first-instance decision was rejected by the Federal Court on procedural ground – it was neither confirmed nor rejected. We will have the opportunity to appeal that broader copyright question once the current infringement ruling is issued.

That’s all for now. As always, we’ll keep you updated as soon as there is news to share.

With appreciation,
HCU Admin Team