- General principles of music copyright law
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What is copyright law?
The Federal Law of 1 July 1993 on Copyrights and Neighbouring Rights (the Copyright Law) is the legal basis of reference for SUISA. The Copyright Law regulates the protection of authors, artists, record and video producers and broadcasting companies, and defines the obligations of the collective administration societies. It defines key terms such as «work» or «author», and enumerates the rights of an author in his works. The Law also places limits on copyright protection.
Pursuant to the Copyright Law, the author is the owner of his work. An author’s work can only be published, reproduced, performed in public, broadcast or otherwise disseminated with his or her consent. In exchange, the author is entitled to remuneration.<o:p></o:p> -
What type of music is protected?
The Copyright Law provides that all musical works, regardless of their style and purpose, are protected by copyright. A symphony and a radio jingle enjoy equal protection under the law. SUISA only manages what are known as «small rights», i.e. the rights to non theatrical music:
- non theatrical musical works, with or without lyrics, including oratorios;
- concert versions of theatrical works;
- ballet music performed or broadcast without dance;
- excerpts from theatrical musical works provided that they do not constitute complete acts and that the relevant performance, broadcasting or recording does not exceed 25 minutes, or 15 minutes in the case of videos and television broadcastings;
- musical works contained in feature or television films, except certain theatrical works specially recorded for television purposes.
SUISA is responsible for performance rights, broadcasting and retransmission rights, mechanical rights (i.e. for the production of sound and sound and video carriers or audiofiles), for royalties on blank media carriers and for rental royalties.