Anybody who organises concerts or publishes, reproduces, performs, broadcasts or otherwise disseminates music is automatically a client of SUISA’s. Even the owner of an aerobic studio who plays music during lessons is a client. Anybody using music publicly needs a licence and is therefore a client of SUISA’s.
If you use music in private, i.e. within a small circle of family and friends, you do not need a licence. All other uses are considered public uses and require a licence from SUISA. The organiser is responsible for obtaining the licence for public use.
All tariffs of the five Swiss collective rights management organisations
Detailed information for
Concert Organisers
Radio and Television
Clubs, Discotheques and Dancing in Hotels and Restaurants
Parties with music
Retailers with background music
Producers of sound- and audiovisual carriers
Hotels and Restaurants
TV spots / Film music
Further Questions
As an organiser, do I always have to pay royalties?
Do I have to pay royalties when
- admission is free?
- the event was a non commercial event?
- the event made a loss?
Yes. The economic success of an event is the organiser’s affair. Royalties are fixed costs like beverages and lighting, and must be paid whether or not the event turns a profit.
Do I have to pay royalties for
- private events or
- club events not open to the general public?
For private events you do not need a licence and you do not have to pay royalties. However, the term «private» is restrictively defined by law: it applies only to a single individual who enjoys music with a small circle of close friends or relatives (Article 19(1) (a) of the Copyright Law). It follows that, even though they are not open to the general public, events organised by clubs, associations, companies, army units and the like are not private events.
On what criteria are royalties based?
The tariffs of the five Swiss collective administration societies must comply with the equity principle enshrined in the Copyright Law. In setting its tariffs, SUISA takes the following criteria into consideration:
- the proceeds generated by the use of the music or, alternatively, the costs in connection with such use;
- the type and number of works used; and
- the breakdown between protected and non protected works.
As a rule, royalties do not exceed 10% of the proceeds (for example, ticket sales) or costs (for example, performers' fees).
What if I do not declare an event and do not pay royalties?
In that case, you may be prosecuted. SUISA can also impose a 100% surcharge if the requisite information is not even provided after a reminder. If payment is refused repeatedly, SUISA may issue a music ban and prohibit you from using music publicly.
Why aren’t the musicians responsible for declaring the event and paying the royalties?
Because they are employed to perform – they offer a service for which they receive a fee; they are not organising the event.
I already pay the musicians, why do I have to pay royalties to SUISA too?
The musicians’ fees remunerate their performance. Their fee does not cover the authors’ creative work or the right to perform the authors’ works. The performer and the author are two legally separate persons even if they may be one and the same individual. Each of the performer and the author is entitled to remuneration: the author is entitled to a royalty and the performer to his fee.
