Questions and answers

The Federal Act of 9 October 1992 on Copyrights and Related Rights (CopA) regulates copyright law.  This Act is the legal basis for SUISA’s activities. The CopA specifies what rights natural or legal persons – for example:

• Authors (composers, lyricists, etc.)
• Performers (musicians who perform the works)
• Sound recording producers (e.g. recording companies)
• Broadcasting companies (e.g radio or TV broadcasters)

have in their works and services. Moreover, the CopA stipulates the obligations of the collective management organisations.

The law also defines important terms such as “work” and “author”. Furthermore, it determines what rights authors have in their work – and places limits on this protection (known as copyright restrictions, e.g. for private use).

As a rule:
The author of a work is its owner. This means that others may only use this work – i.e. the work may only be published, reproduced, performed in public, broadcast or otherwise disseminated – with the author’s explicit consent. The author may request remuneration in exchange.

The Copyright Act protects all musical works having an own recognisable character and which are created by individuals. Apart from music, other acoustic works of an original nature, characterised by the use of sounds instead of melodies and notes, are protected. 

All these works are protected regardless how complex or well-known they are. A major symphony and a short commercial radio jingle enjoy equal protection under the Copyright Act.

SUISA is the collective management organisation in charge of managing copyrights for non-theatrical music. The latter are also known as "small rights".  Small rights include:

• Music without scenic representation, with or without lyrics (e.g. pop songs, instrumental pieces, oratorios)
• Concert versions of music from plays or operas
• Music for dance performances, if used without actual dance
• Excerpts from theatrical musical works which do not comprise a complete act and are:
  _not longer than 25 minutes in the case of a radio broadcast, or
  _not longer than 15 minutes in the case of a television broadcast.
• Music used in films, videos or other audiovisual media (except for complete filmed operas or musicals).

SUISA handles various rights of use, including:

• the right to public performance (e.g. at concerts),
• the right to broadcast and retransmit (e.g. on radio or television),
• the right to public reception (e.g. in hotels or restaurants),
• online rights (e.g. for streaming or downloads),
• the reproduction right (e.g. for CDs, DVDs or audio files) and
• remuneration for blank media (e.g. external hard drives or memory in smartphones) and for the rental of music media such as CDs or media for audiovisual works such as DVDs.

The difference between small and grand rights lies in the type of musical works involved and in the jurisdiction of the relevant organisations:

"Small rights" are non-theatrical musical works and are in SUISA’s remit. These include, for example, music works used in concerts, on the radio or on sound recordings.

"Grand rights" relate to dramatic musical works such as operas, operettas, musicals and certain types of ballet. These rights are managed by the Swiss Society of Authors (SSA) or by the publishers directly.

The distinction regularly gives rise to debate, because the criteria are not always clear and must be interpreted on a case-by-case basis.

If your composition is being used without permission, you must first secure evidence of authorship and unauthorised use.  According to SUISA, works are automatically protected by copyright from the moment they are created.

To be able to prove authorship and the date of creation in the event of a dispute, SUISA recommends two measures:

1. Register the work with SUISA (for members).

2. Self-addressed and registered mail:  send yourself a sound recording or the score of the work by registered mail. This envelope should remain sealed to serve as evidence.

These measures are not necessary to ensure protection, but they do make it easier to provide evidence in the event of a dispute.  If you already have evidence, you can take legal action or contact SUISA for assistance. 

A list of reference books on the subject of copyright and musicians' rights is published on our website under "Copyright in music"

How much you have to pay depends on how you use the music. For example, using music at a concert costs more than using it as background music in a shop. This is because the music is the focus of attention at a concert, whereas when you go shopping, it plays a minor, background role.

For a rough idea of how much the remuneration for your use might be, you can contact SUISA's customer service department.

The exact fees for the different types of use are set forth in the official tariffs.
Tariff overview
 

The law requires all Swiss collective rights management organisations, SUISA included, to issue tariffs for their royalties. These tariffs are negotiated together with the main user associations.

The tariffs are then reviewed and approved by an independent body, the Federal Arbitration Commission for the Management of Copyright and Related Rights (ESchK). The ESchK is appointed by the Federal Council and assures equal representation of the parties, i.e. it is composed of representatives from both sides.

Once the tariffs have been approved by the ESchK, they are published in the Official Journal.  This ensures that tariff rates are not abusive.

The tariffs of the five Swiss collective management organisations must be adequate – this is required by the Federal Copyright Act (Article 59 CoPA).

In practice, in setting tariff rates, SUISA takes the following points among others into account:

• how much money is earned by the use of the works, or alternatively, the costs associated with such use;
• the type and number of works used;
• what portion of the music is protected and what portion not.

As a rule, fees for the use of music should not exceed 10% of the proceeds from such use (for example, ticket sales) or costs (for example, performers' fees).

Do I have to pay royalties as an organiser, if:

• admission is free
• in the case of not-for-profit events
• for events that make 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, if:

• it was a private event, or
• for club events that are 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 under copyright law:  it applies only to a single individual who enjoys music with a small circle of close friends or relatives.

It follows that, even though they are not open to the general public, events organised by clubs, associations, companies, army units and the like do not qualify as private events.

In case of doubt, it is best to contact SUISA and ask if royalties are payable for the planned event.

Musicians receive a fee for their performance – the fee is payment for their work as performers. However, this does not automatically cover the creative work of the composers and lyricists (the authors) or the work of the music publishers.

From a legal perspective, performers and authors are two different persons who must not be identical, but can be. This means that two different persons or groups receive money:

• the authors receive remuneration for the use of their works.
• the performers receive a fee for their performance.

Both are entitled to their individual payment.

Yes. If the performer is also the composer, lyricist or arranger (i.e. the author), and is a member of SUISA, he or she has assigned his or her rights to SUISA and SUISA asserts the royalty rights royalties on his or her behalf.  Accordingly, the author no longer holds those rights and cannot settle directly with the organiser. The royalty settlements are thus handled through SUISA. It is important to understand that, a musician onstage is often both performer and  author in one natural person; legally speaking however, the performer and the author are two separate juridical persons. 

No. But you still have to provide SUISA a complete, detailed list of all the works. If the musicians only performed works in the public domain, naturally you will not be charged for royalties.

Yes. You have to send SUISA a list for all the artists. SUISA is entitled to collect royalties even for authors who are members of foreign collecting societies. If the author has not transferred his rights, you have to pay him individually. Royalties are not due for works which are not arranged and whose author has been dead for 70 years or longer.

SUISA can take legal action against you if you do not declare an event and/or do not pay royalties.  SUISA can also impose a 100% surcharge if the requisite information is not provided despite a reminder. If payment is refused repeatedly, SUISA may issue a music ban and prohibit you from using music publicly.

andres.pfister@suisa.chSUISA does not publish scores or sound recordings, nor does it sell any. SUISA is always pleased to provide information on Swiss works (composers, authors and publishers) and can tell you where you can buy their scores and CDs.

For an overview of the works of Swiss composers, we invite you to visit SUISA's online database at the following link: https://pws.suisa.ch

Our music department will be happy to assist you with any further inquiries (available scores, search by musicians, etc.) E-Mail Music Department

SUISA is the co-operative society for authors and music publishers in Switzerland and Liechtenstein. As a collective rights management organisation, SUISA is tasked with exploiting the musical rights of its members, in other words, with turning such rights into money. SUISA represents the rights of some 45,000 members, namely: 

• authors (composers, lyricists, arrangers)
• music publishers, and
• their legal successors (e.g. heirs)
   

Why SUISA is important for authors and publishers
SUISA has been protecting the rights of its members and of countless foreign rightholders since 1923, ensuring that they receive fair remuneration for the use of their works outside the private sphere.

SUISA represents the interests of music-makers; it lobbies political circles for fair framework conditions and copyright legislation. Because without copyright law, creative people would be unable to earn a living from their work.

Why SUISA is important for customers
SUISA is also there for its customers, namely for those who use music outside the private sphere. Without SUISA, they would have to obtain rights of use from each individual author and each individual publisher. Thanks to SUISA, customers in Switzerland and Liechtenstein can, with the corresponding licence, access the entire world musical repertoire from a single source.

SUISA belongs to its members. Its most important body is the annual General Meeting. At this meeting, voting members decide on important matters such as the annual financial statements and amendments to the Articles of Association, and elect their representatives to the Board of Directors and other bodies.

SUISA’s Board of Directors consists of a president and 14 board members. Authors and publishers are both appropriately represented. In addition to member representatives, currently 11 in number, 3 representatives from the business community and one member of parliament sit on the Board. The core duties of the Board of Directors include decisions on the Distribution Rules and the appointment and supervision of SUISA's Executive Committee.

The Executive Committee is responsible for implementing the business strategies decided by the Board. It manages the daily business and has overall responsibility for revenues and the distribution of remuneration to entitled parties.

Legally, SUISA is organised as a co-operative. The key feature of a co-operative is the economic self-governance of its members. SUISA is a not-for-profit organisation; after deducting its administrative costs, all earnings are distributed to the entitled parties.

SUISA is a private-law entity and does not belong to the State. As a collective management organisation, SUISA must satisfy a whole series of statutory requirements and is placed under the oversight of the Federal Intellectual Property Institute (IPI).

SUISA is the Swiss Society for the rights of authors of musical works. It represents music authors (i.e. composers, lyricists and arrangers) and publishers. SUISA ensures that music creators receive fair remuneration when their musical works are used in public (e.g. as background music in a restaurant or shop, in dance or fitness studios, or at concerts and parties). SUISA gives customers access to the entire world musical repertoire, from a single source.

Serafe is the collection agency for radio and television dues. In Switzerland, every household is required to pay a fee to finance radio and television broadcasters. The lion’s share of these fees go to the various SRG-SSR (the Swiss broadcasting company) channels, but this levy also serves to finance numerous private radio and television stations in Switzerland’s four language regions.

Serafe took over from Billag in 2019.

We use the term SUISA members because SUISA is a co-operative society owned by its members. SUISA members are authors (composers, lyricists, arrangers), music publishers and legal successors (e.g. heirs) of these two groups of persons.

Whosoever uses music outside the private sphere must have permission – i.e. a licence - to do so, and is automatically a customer of SUISA. Examples of music use outside the private sphere are concerts, parties, or background music in shops, bars and restaurants.

 
For further information about the licensing procedure and required licences, see: https://www.suisa.ch/en/Kunden.html

SUISA co-operates with other collective management organisations in Switzerland and abroad.
 

The Swiss collective management organisations
There are four other collective management organisations in Switzerland apart from SUISA, each managing a distinct repertoire.

• ProLitteris: literature, photography and the visual arts
• Suissimage: audiovisual works (films)
• Société Suisse des Auteurs (SSA): theatrical and audiovisual works (films)
• SWISSPERFORM: rights of performing artists and producers of music and films, as well as broadcasting companies

The five organisations pursue common goals and collaborate closely to achieve them, e.g. through common tariffs and joint lobbying for the rights of their members. In the case of lobbying activities, through Swisscopyright they speak with one voice in dealings with politicians and authorities: www.swisscopyright.ch.

Foreign collective management organisations
In most countries, there are organisations performing the same tasks as SUISA. These organisations co-operate on the basis of what are known as reciprocal agreements. This ensures that the rights of SUISA members are protected abroad and that they receive royalties for the use of their works in the relevant countries. In return, SUISA protects the rights of foreign music creators in Switzerland. Consequently, SUISA is able to offer music users in this country the entire world repertoire of music.

An overview of SUISA's reciprocal agreements is presented here: SUISA’s international partners

All membership information is available on the SUISA website here

The following persons can join SUISA as members:

• composers or arrangers of a musical work;
• lyricists, arrangers or translators of the lyrics of a musical work
• heirs or successors of an author
• music publishers

You are initially admitted to SUISA as an associate member. Once you have been an associate member for at least one year, and have received a total of at least CHF 3,000 in royalties during this period, you will be admitted to SUISA as an ordinary member, with full voting and election rights.

To join SUISA, you pay a one-time entry fee. There is no additional yearly membership fee.

Authors CHF 200
Publishers CHF 400

SUISA’s administrative costs for rights management are financed by a percentage cost-coverage deduction charged to your income – from uses in Switzerland and Liechtenstein as well as abroad.

You will find the current cost-coverage deductions on the following page:
SUISA’s cost-coverage deductions

Generally speaking, you yourself decide whether, when and under what name your work is published. That means, for example, that you can decide whether your work is broadcast on the radio, performed in public, published on a CD or other sound carrier, disseminated on the internet, and whether it can be arranged.

You may make your consent to the use of your work conditional upon receiving a share of the proceeds. This is customary. And it is how you obtain a royalty for your work as composer, lyricist or arranger.

If you join SUISA, SUISA will handle the licensing of the rights of use and the collection of royalties for your account. SUISA is obligated to grant all users a right of use as long as they pay a fee. You retain the right to decide about the first publication and any arrangement of your work.

SUISA represents the interests of the composers and lyricists of musical works.

If you work solely as a performing artist, i.e. you only sing or play an instrument, then the proper contact point for you is SWISSPERFORM, not SUISA.

But if you are both a composer and a performer, you should join both SUISA and SWISSPERFORM.

Yes. Authors who are not members of SUISA may manage their own rights. They can negotiate royalties directly with the users of their works.

However, individual rights management is complicated and extremely costly in terms of time and effort. How can an author find out when one of their works is played on the radio, for example, and that anywhere world-wide?

Things are even more complicated in the case of mass uses, on the internet in particular. Individual rights management is extremely difficult, if not impossible in such cases.

Please contact advertising@suisa.ch with the following information:

• customer’s name
• title of the commercial,
• media plan (when and where the commercial is broadcast)
• in the event of online broadcasting, the URLs

This service is available to SUISA members only.

Yes. SUISA has concluded reciprocity agreements with over 100 collective management organisations worldwide.  If you transfer your rights to manage your music worldwide to SUISA, SUISA will ensure that your rights are duly managed abroad.

This works as follows: If your work is performed abroad, the organisers have to pay the royalties to the competent collective management organisation in their country. That organisation then remits the money to SUISA – and SUISA remits it to you.

For an overview of all foreign collective management organisations with which SUISA works, follow this link:
SUISA’s International Partners

For further information about music use abroad, see SUISAblog:
Play abroad, communicate with SUISA at home

Together with the General Terms and Conditions (GTC), the Rights Administration Agreement (RAA) is the most important legal basis between SUISA and its members. It is the basis empowering SUISA to manage certain copyrights on behalf of its members.

By signing a rights administration agreement, members instruct SUISA to manage their copyrights on a fiduciary basis for their account – in Switzerland and abroad (via SUISA’s sister societies). In other words: SUISA ensures that users of music pay royalties, it collects these revenues and distributes them to its members.

For detailed information on the individual provisions of the Rights Administration Agreement, please see the “Explanatory note on the rights administration agreement”.

No.  You are free to decide how you wish to regulate the use of your music with a publisher. However, as regards the publisher’s share of the royalties, you must respect the limits set in the Distribution Rules.

Clauses in publishing agreements which provide that performance, broadcasting or reproduction rights should be transferred to the publisher as “ancillary rights” are invalid if you have already transferred such rights to SUISA under the rights administration agreement.

SUISA treats all rights equally – regardless whether they were transferred to it directly by the author, or indirectly through a publisher.

Yes, you can also be member of a foreign collective management organisation. However, foreign sister societies do not operate directly in Switzerland and Liechtenstein –- SUISA represents them here. 

So if you join a foreign society, this means that SUISA manages your rights in Switzerland and Liechtenstein. It collects the royalties and passes the settlement on to the society of which you are a member. The latter then pays you your money.

Online uses through certain music platforms operating in several countries at a time are the exception. In such cases, certain societies – including SUISA – grant multi-territorial licences.
 

For more information, follow this link: Online Uses

You can also be a member of several collective management organisations at the same time, in order to decide your own geographical regions for example. But this also has disadvantages: you will have to deal with the formalities of several different societies, especially when registering your works, and cope with tax issues like double taxation.

For further information on double membership, see here (SUISAblog).

SWISSPERFORM represents the rights and remuneration claims of performing artists, producers and broadcasters relating to their performances and services.

In this case, it is not a matter of protecting musical works (compositions), but of protecting services allowing the works to be heard and distributed, for example through the production of a recording. In copyright law, these rights are referred to as “related rights” (i.e. neighbouring rights).

SWISSPERFORM asserts claims against users arising from the secondary use of performing artists, producers and broadcasters’ rights. A possible illustration is a radio broadcast of a commercially available recording.

Pseudonyms can be registered in My Account under the heading “General inquiries / membership”

As a composer, lyricist or arranger, you are free to choose one or more pseudonyms. In choosing a pseudonym, you should seek to avoid any confusion with other music creators. Before you decide on a pseudonym, we advise you to conduct an online search. You can thus check if the desired name is already being used by someone else.

If you are not sure, you can contact SUISA and inquire.

SUISA can grant advances against future revenues. The amount of the advance is determined based on your average income in the last two or five years.

Advances are free of interest and there are no special application formalities to complete. SUISA grants such advances twice a year at the most.

You may apply in the “My Account” area, under “General inquiry / Other inquiry”.

Yes. DJs can join SUISA if they compose music, write lyrics, or arrange works. Remixers are also considered arrangers – and therefore qualify as authors.

But if you only play back music and neither create nor arrange any works of your own, you cannot as a rule join SUISA.

Joining SUISA

No. Band members can only join as individuals – and only if they are the authors of the music or lyrics.

Every band member who participated in composing the song or writing the lyrics must apply separately for membership.

To join SUISA as a publisher you must show that you already work as an original publisher or sub-publisher. Once you have concluded publishing contracts with authors or other publishers, you may apply for membership. Your application must include

• a duly completed application form;
• a copy of the extract from the commercial register (mentioning the publishing activity) or, for firms that are not registered, an equivalent document for your firm;
• declarations for the works published by your firm, accompanied by the relevant publishing contracts and supporting documents.

To join SUISA, you pay a one-time entry fee of CHF 400 (including VAT).

Once you have signed the rights administration agreement for publishers and paid the entry fee, you qualify as an associate member of SUISA. After a period of at least one year, and provided you have earned the minimum amount of royalties set by SUISA's Board, you become a full member. Membership entitles you to vote at, and be elected by, the General Meeting. 

The most suitable legal form for a publishing house depends mainly on the type and scope of your planned publishing activities. The following legal forms may be suitable depending on the circumstances:

• One-man firm 
  Suitable for activities conducted on a small scale by one person; simple and inexpensive; registration with the commercial register is mandatory as of CHF 100,000 in turnover. Disadvantage: liability extends to all assets – personal assets included. 
   
• General partnership (Kollektivgesellschaft)
  Suitable for small publishing houses whose partners are willing to fully commit themselves, their work and their assets.  Registration with the commercial register is compulsory and it is advisable to conclude a partnership agreement. Disadvantage: the liability of each partner extends to all his assets – personal assets included. 
   
• Limited liability company (GmbH/Sàrl))
  Suitable for small- and medium-sized undertakings; CHF 20,000 minimum capital requirement. Registration with the commercial register is compulsory; a public notary is needed for the incorporation of the company. Advantage:  liability is limited to the company’s share capital.
   
• Public limited company (AG/SA)
  Suitable for large and medium-sized publishing houses; minimum share capital requirement CHF 100,000. Registration with the commercial register is compulsory; a public notary is needed for the incorporation of the company, and the tax rate is higher. Advantage:  liability is limited to the company’s share capital.

Ordinary partnerships do not have their own legal identity and cannot therefore be members of a cooperative society.

Further information is available from a notary or the commercial register or at the following website www.gruenden.ch

Firstly, the provisions of the Civil Code on the formation of companies must be observed (Article 944); the rules vary depending on the legal form of the company. Care must be taken to avoid a name which is liable to be confused with that of another company. We therefore recommend that you check with SUISA's publisher division before you make your final choice. E-Mail

Companies are protected by corporate law as soon as they are entered in the commercial register. Moreover, the law protects anyone against unfair competition if he can show he was first to use a name. It is also advisable to file the name as a brand name with the Federal Institute of Intellectual Property – for Switzerland at least, and maybe even internationally.

Link IGE

Publishers and authors (composers, lyricists and arrangers) sign an original publishing agreement. Under the terms of that agreement, the publisher undertakes to artistically and economically exploit the works transferred to him, at his own cost and risk. In particular, this involves

• producing and distributing scores of the work (own publishing rights);
• finding a record company to distribute recordings of the work;
• finding a producer to use the work for a film;
• advertising on radio stations
• finding an artist to record the work; or
• finding a musician to arrange the work.

In other words, the publisher of a work is the manager of the work. A publisher is not a record company. The publisher has to find a record company to produce and release the work. For economic reasons, however, many record companies have their own publishing departments and can handle both sides of the business.

An original publishing agreement is an agreement concluded between a publisher and an author (i.e. a composer, lyricist or arranger). By this agreement, the author entrusts his works to the publisher for publication, granting him the necessary rights for that purpose. In exchange, the publisher undertakes to distribute the work within a reasonable period and to remunerate the author. Such agreements are generally concluded for an indefinite duration expiring at the end of the copyright protection period, i.e. 70 years after the author's death. SUISA only recognises publishing agreements with a term of at least 3 years.

In practice, a distinction is made between two kinds of publishing agreement: on the one hand, the normal publishing agreement, known as a "Specified Agreement", which only applies to the work specified in the agreement; and on the other, the publishing agreement known as a "General Agreement" (or author's exclusive agreement), covering all an author's works, including those he has yet to create.

Music publishing – also an art

Link to specimen agreement

Original publishing agreements must contain and regulate the following points at least:

a) Name and address of the contractual partners

b) Title of the work, name of all authors 
As a rule, agreements cover one or more works, for example all the titles on an album (Specified Agreement). All the participants in a work must be clearly named in the agreement or in an annex to the agreement. The agreement or the annex must contain the following indications:

• title of the work
• full names of all composers
• full names of all lyricists
• full names of all arrangers

c) Transfer of rights
Under a publishing agreement, the author usually grants the following rights to the publisher:

• Graphical rights: the publisher has the right to publish the work as a score, or to print the lyrics.
• SUISA rights: these are the rights which the author has assigned to SUISA under the rights administration agreement; they include performance and broadcasting rights and mechanical rights. They are therefore transferred to the publisher for “joint administration” with SUISA.
• Other usage rights: these are all the rights that qualify neither as graphical rights nor as SUISA rights, namely and in particular, arrangement rights, the right to use the work for advertising purposes, and synchronisation rights. In other words, a publisher may authorise a third party to arrange the work, use it for advertising purposes, or use it in combination with another work (e.g. for a film) against payment.

d) Obligations of the publisher 
In a publishing agreement, the publisher usually assumes the following obligations:

• obligation to publish
• commitment to the work during the term of the contract
• to always publish the work with the authors’ name
• obligation to inform

e) Remuneration
The revenues from the exploitation of a work are generally apportioned as follows:

• Graphic rights or publishing rights: the author receives between 10% and 15% of the retail price.
•  SUISA rights: distributed by SUISA in accordance with the regulatory distribution key. As a rule, the regulatory distribution key is:
  • Mechanical rights: the publisher receives 40%; this percentage increases to 50% if the publisher assumes the sound (and audiovisual) recording production costs. The author thus receives a share of 60% or 50%, as the case may be.
  • Performance and broadcasting rights: the publisher receives 35% and the author 65%. The publisher also receives a share of the royalties when the work is performed in concert or broadcast on the radio.
  • Other usage rights: the income from other uses, such as advertising, is generally split equally between the publisher and the author.

f) Duration
The contractual term is the period of time during which the publisher is entitled to exploit the assigned rights in the work. The contractual parties may set the contractual term at their discretion. Publishing agreements are often concluded for the "legal term of copyright protection", namely for 70 years from the date of the (last surviving) author’s death. That is the maximum legal duration. Three years is the minimum term set by SUISA.

g) Contractual territory 
Publishing rights may be granted for the whole world, or rights may be assigned only for a specific territory. The publisher must manage the assigned rights for the whole of the contractual territory. But since many publishers do not have foreign branches, they usually entrust the foreign rights to sub-publishers in the different countries. Since in that case a third party is entitled to a share of the publishing income, the author’s share is reduced.

h) Bankruptcy clause
Every publishing agreement should contain the following clause: “If insolvency or bankruptcy proceedings are initiated by or against the publisher, if he liquidates his business or if he is otherwise incapable of paying his debts, this agreement shall immediately terminate and all rights granted to the publisher hereunder shall automatically revert to the author.”

i) Place, date and signature of all contractual partners

A co-publishing agreement is a contract concluded between two or more publishing houses covering works co-authored by several authors who are contractually tied to different publishing houses. Co-publishing agreements regulate how the publishing duties are divided between the participating publishers. 

A sub-publishing agreement is a contract regulating the relationship between the original publisher and the sub-publisher who is granted sub-publishing rights in one or more works for a specific territory. SUISA requires sub-publishing agreements to have a minimum duration of three years. Such agreements may be extended at maturity. 

In practice, a distinction is made between two kinds of sub-publishing agreement:

• firstly, the normal sub-publishing agreement which only applies to the works explicitly specified therein (Specified Agreement, also known as an option agreement);
• and secondly, sub-publishing agreements which are not limited to the works already published at the execution date but also cover works which may be subsequently acquired for publication (General Agreement).

Specimen agreement

With regard to mechanical rights, the agreement must specify which basis is used for calculating the sub-publisher's share:

• production: the sub-publisher is entitled to a participation in respect of all sound recordings produced in the contractual territory, regardless the country of sale, or
• sale: the sub-publisher is entitled to a participation in respect of all sound recordings sold in the contractual territory, regardless where they were produced.

Publishers register all their sub-publishing agreements for all territories with SUISA via the member portal ‘My Account’.

Works created with the help of artificial intelligence can in principle and under certain conditions be registered with SUISA.

Works generated exclusively by artificial intelligence without any human creative input on the other hand are not protected by copyright and cannot therefore be registered with SUISA. When authors sign the SUISA rights administration agreement, they undertake not to register any musical works that are pure artificial intelligence products.

When artificial intelligence serves only as a tool – for example to generate ideas which are then developed into new works through human creativity – it is a different matter. In this case, there is a human creative contribution so the work is protected by copyright, and as its author you can register it with SUISA.

If only part of a work is generated by AI, for example only the lyrics or the music, and the other part was created by you, you can register the work as follows:

1. Music generated by AI, lyrics created by the registering person:

C: SUISA GENAI Prov
A: Name of registering person

2. Music created by the registering person, lyrics generated by AI:

C: Name of registering person
A: SUISA GENAI Prov

No, because they were entirely generated by artificial intelligence. Only natural persons qualify as authors within the meaning of Article 6 CopA. That is why products generated purely by AI are precluded from copyright protection. Moreover, SUISA’s terms and conditions of rights administration obligate authors to refrain from registering musical works generated solely by artificial intelligence.

This depends on the general terms and conditions (GTC) of the relevant digital distributors and platforms. You must also consider possible restrictions in the GTC of the AI provider.

Find more information in our blog article:
"Artificial intelligence and copyright law" (Link)

Pure AI generated products are not protected by copyright. Only natural persons qualify as authors within the meaning of Article 6 CopA. On the other hand, if AI is “only” used as a tool, the product can be protected by copyright if all the protection requirements are met. Such copyrights then remain with the author even after they cancel their subscription.

No.

If the author created both the lyrics and the music, and only the voice was generated by AI, the author is entitled to 100% of the rights and they can publish the work. However, possible restrictions in the general terms and conditions of the AI provider must be taken into account.

Band names can be registered as trademarks if all the legal prerequisites are satisfied. To register a trademark you must file an application with the trademark register of the Federal Intellectual Property Institute (IPI): https://www.ige.ch/en/protecting-your-ip/trade-marks/national-applications.

SUISA is not a party to the application and has nothing to do with this registration.

The name of an artist or a band may be protected by law even if it is not registered as a trademark.  The following legal bases apply:

• general rules of the Civil Code for the protection of names,
• Federal Act on Unfair Competition.

This legal protection is not, however, very clearly defined, and the scope of such protection needs to be verified on a case-by-case basis.

Registering a band name as a trademark has several advantages:

• in the event of a dispute, it makes it easier to prove who was first to adopt the name
• it prevents new bands from choosing the same name, since checking will show that it is already taken
• the scope of protection is clearly limited to certain classes of goods or services (such as advertising or entertainment).

But trademark registration also has disadvantages:

• it costs between CHF 350 and CHF 450 at least, for ten years.
• Trademark protection is only valid in Switzerland. Protecting the name abroad as well is complicated – the trademark must be registered there at additional cost.
• Filing a registration is complicated and requires specialised legal knowledge. It makes sense to hire a trademark lawyer – this will add to the cost.

Since, even without trademark registration, names may be protected under the Civil Code and the Unfair Competition Act, the need for trademark registration should be considered on a case-by-case basis.

Trademark registration has two advantages:

• It gives the band the exclusive right to use its name.
• The band can take legal action against anyone who uses the same name or one that sounds the same.

But there are three limitations:

1. Trademark protection is restricted to ten years. After which it can be renewed for a further ten years: currently this costs CHF 550.
2. The protection is only valid for three classes of goods or services, for example advertising, entertainment and musical instruments. If you wish to protect your band name for additional classes of goods or services, you can apply separately, for a fee.

If anybody can prove that they were already using a similar trademark before the band name was registered, they may continue to use it. As owner of the trademark, you cannot prevent them from doing so.

To file a national registration for a band name with the Federal Intellectual Property Institute (IPI) currently costs 350 (for electronic filing) or 450 Swiss francs.

This protects the band name for ten years in Switzerland in three classes: advertising, entertainment and music instruments.

For further information, see the fee schedule of the Federal Intellectual Property Institute.

You can only register works with SUISA in which you hold a share. Moreover, to register a work, you need to be registered with SUISA as an author or publisher.

As a rule, you must register your works online at:
www.suisa.ch/my-account

Exceptions: Certain types of works still need to be registered in hard copy:

• works composed for an audiovisual production (e.g. films)
• arrangements of original works no longer protected by copyright (free works)

The relevant forms are available here:
https://www.suisa.ch/en/Musikschaffende/Werkanmeldung.html

A work must only be registered once, preferably before first publication. If the work is subsequently used in another form – e.g. in a film – it does not need to be registered again provided neither its title nor the shares have changed.

NB. SUISA only manages rights in non-theatrical music. Please only register suchworks. The SSA is responsible for theatrical works such as operas or musicals.

When a person takes another’s work and releases it as their own (with or without changes), they are guilty of plagiarism.  Plagiarism is a theft of intellectual property.

Unfortunately, such cases cannot be prevented. But you can take steps to conclusively prove your authorship in the event of a dispute. The following can help:

• if you are a member of SUISA, register your works with SUISA.
• SUISA members – and non-members – should send themselves a recording of the work (on a CD or USB stick for example) or a copy of the score by registered mail. Important: Do not open the envelope or package.
• You can deposit a copy of the work with a specialised institution.

Another option is to store audiofiles or PDFs on Cloud memories with bank-level standards e.g. on Procloud. The date and time of uploading on this type of secured server can also serve as proof.

The rights administration agreement concluded between you as the author and SUISA covers all the works created by you. It is not possible to exclude individual works from the agreement.

This means that, as a rule, all your works must be registered.

However, you need only register works that are actually used in public – i.e. that are performed, broadcast or disseminated.

Important: SUISA does not pay royalties for works which have not been registered.

Each title on an album must be individually registered with SUISA – even if all the songs have the same participants.  SUISA always accounts per work, not per album.

When registering works online, you can use previously registered works as a template. That way you do not have to re-enter identical data and you can save time.

Titles should be chosen so that works are clearly identifiable. Avoid titles which are too general or too frequently used: they may lead to confusion.

If you publish several versions of a given work, you should distinguish these clearly in their titles – by additions like “radio edit”, “featuring…”, or “remix”, for example.

If a work is published in more than one language, enter the corresponding title on the registration form as an alternative title.

Important: In the case of digital publications or sound recordings, make sure that the title of the work is written the same way everywhere. Different spellings or diverse titles may prevent SUISA from properly classifying the work – with the result that no remuneration can be paid.

Depending on the type of work, SUISA may need additional documents with the registration form:

• for published works: a copy of the publishing agreement
• for arrangements of protected works: written permission from the rightholder(s) –namely the publisher or the composer of the original work
• for setting a protected text to music: permission from the publisher and, if applicable, the poet or his or her heirs
• For arrangements of free works (e.g. by an author who has been dead for 70 years or longer, or in the case of traditional folklore pieces):
  • the master source copy used, and
  • a sample copy of the arrangement so that SUISA can verify whether the work is copyrighted.

Irrespective of the type of work, SUISA may require you to provide a sample copy in a prescribed format with your registrations of works.

In the “distribution key” section of the registration form you can indicate how revenues from the work are to be distributed between participants.

You have two options:

• Automatic distribution in accordance with SUISA’s Distribution Rules: if you choose this option, distribution will be in accordance with the current version of SUISA’s Distribution Rules.
• Manual entry of distribution key: if you wish to enter your own distribution key, you must comply with the mandatory provisions of the Distribution Rules.

For further information, we refer you to this page: SUISA Distribution Rules

In Switzerland, a musical work is protected by copyright up to 70 years after the author’s death.

If several persons co-authored a musical work, the 70-year term starts running from the death of the last author to die.

The IPI number is an international identification number for authors and publishers. It serves to unequivocally identify the participants in a work world-wide. All IPI numbers are stored centrally in the IPI system. This system is an essential part of the global data exchange between collective management organisations.

Whoever joins a collective management organisation – like SUISA for example – is recorded in the IPI system and is automatically assigned an IPI number.

If you are a member of SUISA, you will find your IPI number in the members data area of “My Account”.

The IPI number of all entitled parties is also shown in the public works database – this is how you can find other authors’ IPI numbers.

Read more about the IPI number in the SUISAblog:
https://blog.suisa.ch/en/what-is-the-ipi-number/

If you have co-authored a work with another author who is member of a different collective management organisation, you must register the work like any other with SUISA.

Please indicate the following particulars of your co-author on the registration form:

• Surname and first name
• IPI number
• Name of your co-author’s collective management organisation

Yes. SUISA records participants exactly as indicated on the registration form. If you register a work under a pseudonym, the work will be recorded in the system under that pseudonym.

Important: Before you register a work under a pseudonym, please make sure that you have already registered the pseudonym with SUISA. You will find your registered pseudonyms under your personal data in “My Account”.

As a composer, lyricist or arranger, you are free to choose one or more pseudonyms. These names are confidential and will not be published.

NB: Some pseudonyms may be confused with the names of other music creators. Accordingly, when you select a pseudonym it is advisable to first ask SUISA whether the name or a similar name is already taken.

If possible, the title of a work which is already registered should not subsequently be changed. If, however, a work is given a new or an additional title – in another language, for example – it must be registered with SUISA. To do so, use the function “General inquiry/Work documentation in “My Account”.

Changes in participants must be promptly announced. If a new co-author joins, the written consent of the existing authors is required.

If a work or part of a work is transfered to a publisher, the relevant publishing agreement must be provided.

The following changes do not need to be registered:

• new instrumentation
• change in the length of a work

This information is not relevant for the distribution of royalties as long as there are no changes in the shares. For distribution purposes, SUISA relies on the indications in the programmes (e.g. concert programmes or playlists).

Works that are reported to SUISA via usage reports are first provisionally recorded in the database – based on programme or broadcasting lists. In this case, the name of the first person on the list is provisionally entered with a 100% share. This entry does not impact the subsequent distribution.

The royalties for such works will first be accounted when the work is properly registered and fully documented. Meanwhile, the revenues are reserved for five years at the most.

What should you do when you see provisional works in your list of works?

• If the work is not yours:
  Please announce this in “My Account” under "General inquiry/Work documentation".
  If you have played the work as a performing artist and know who the author is or which performing artists are otherwise in the repertoire, please also inform us.
• The work is yours but it is not registered yet:
  Send in the registration indicating under comments that a provisional work already exists under this number.
• The work is yours but is registered under a different title:
  Inform us about the previously registered work in “My Account”, under "General inquiry/Work documentation". SUISA can then link the provisional work with the right work.

For further information, see the SUISAblog:
https://blog.suisa.ch/en/why-are-there-provisional-works-in-my-works-database/

Various abbreviations are used in SUISA’s database. They have the following meaning.

Entitled party abbreviations:

• C: Composer
• A: Lyricist/writer
• CA: Composer and lyricist
• AR: Arranger
• E: Publisher
• SE: Sub-publisher
• SR: Sub-arranger
• SA: Sub-lyricist/writer

Distribution key abbreviations

• P&B: Performance and broadcasting rights
• Mech: Reproduction rights (e.g. recordings, downloads)

International identifier abbreviations:

• ISWC International Standard Work Code – the international work number
• ISRC: International Standard Recording Code – the international number for a recording

When two or more people work together to create a work, that work is a jointly-created work.

A work is not jointly created if an existing work was used to create a new work – for example in the case of setting to music, adding lyrics or arrangements.

Whether a work was jointly created or not impacts various aspects:

• Term of protection: The term of protection for a jointly-created work ends 70 years after all the participating composers and lyricists have died.
• Registration of works: When several persons participate in a work, it must be specified whether the work was jointly created.
• Arrangements and changes: If a work was jointly created (and nothing to the contrary was agreed), changes and arrangements – including new registrations or changes communicated to SUISA – are subject to the consent of all participants. This applies to changes in content as well as to changes in participant-related data.
• Publishing and use: The same applies here. If a work was jointly created and no special agreements exist, the work may not be published or used without the consent of all the authors.
  Consent for normal uses may not, however, be unreasonably withheld. If the contributions of the participants can be clearly delimited, participants can use their own contribution independently as long as that does not affect the use of the work as a whole.

The two declarations serve different purposes: the sound recording declaration filed by the record producer is necessary to obtain a sound recording production licence from SUISA. It is an application for a licence.

The declaration of works filed by an author and/or a publisher enables SUISA to register the musical work and the participating authors and publishers: without a declaration of musical works, SUISA cannot pay royalties.

NB: A sound recording declaration does not replace the individual declarations of works.

No.  The standard repertoire is a list of the musical works that you regularly perform live.  SUISA needs these lists to distribute the remuneration paid by the organiser to the entitled parties

Works of your own composition listed in the standard repertoire must be filed separately with SUISA by means of a registration of musical works.

If you perform regularly as a musician and always play titles from the same repertoire, then you can ask SUISA for a standard repertoire card so that you do not have to fill in a programme form for each show.

An arrangement is when a new protected work is created from an existing work whereby the original character of the latter remains recognisable.

Typical examples of arrangements are:

• works orchestrated for different instruments,
• lyrics translated into another language.

Such arrangements are independently protected by their own copyright.
 

The following modifications do not qualify as arrangements:

• adding dynamic or agogic signs
• adding musical phrasing symbols
• entering finger positions (fingering)
• registrations for organs or other keyboard instruments
• flourishes
• translating an old musical notation style into the current notation style
• correcting clerical mistakes in the original and similar improvements
• transferring music into other keys or pitches (transpositions)
• editing out individual voices
• exchanging or doubling voices
• adding purely parallel voices
• allocating existing voices to other instruments (simple transcription).

For further information, we refer you to the SUISA Distribution Rules

Arrangements of free works:
A musical work is free upon expiry of the copyright. Free works can be arranged or altered without permission.

Find out about the types of arrangement and how they can be registered with SUISA in the SUISAblog:
https://blog.suisa.ch/en/arrangement-of-works-in-the-public-domain/

Arrangement of protected works:
If a work is still protected by copyright, you need the express consent of the rightholder(s) before you can undertake its arrangement. The same applies to translations and to the setting to music of protected texts. Depending on the circumstances, permission must be obtained from the author, the author's heirs or from the relevant publisher. This permission is a prerequisite for registering your arrangement with SUISA. It is also the basis for your participation in the revenues from the work.

SUISA helps its members trace the relevant rightholders and their contact information.
Contact: repertoire@suisa.ch

For further information about the arrangement of protected works - including how to obtain permission for an arrangement and which points should be covered – see the SUISAblog:
"Arranging works protected by copyright"

For information about setting protected texts to music – with notes on permission to set to music - see:
https://blog.suisa.ch/en/setting-to-music/

Copyright law protects works in their entirety as well as their individual parts provided such parts qualify as as works in their own right. This means that the melody, a solo, or other elements of a work may therefore be protected by copyright and cannot be freely used if, when standing alone, they constitute a work with a recognisable individual character.

Whether a part of a work is actually protected by copyright should be examined on a case-by-case basis. The more original and marked the characteristics of the sampled element, the less likely it is you will be able to use that element for free.

The claim that sampling is free up to two measures, nine tones or 10 seconds of music, for example, is entirely unfounded. There is no clean demarcation between lawful sampling and unlawful sampling.

If you want to include a protected sample of a third-party work in a new work which you intend to publish, you have to hold the necessary rights.  For this purpose, you need to conclude a sampling agreement with the publisher or the author of the original work.

Samples are often taken from works which are commercially available in the form of a CD or a download. In this case, you must also ask the record company for permission since it holds the recording rights.

For further information about samples and remixes –- including the rights involved and agreements required to register such works with SUISA –- see the SUISAblog: https://blog.suisa.ch/en/sampling-and-remixes/
 

There are three types of remix depending on who produces the remix and whether or not samples from other works are used:

1. Remix  by the author of the original work – without samples from third-party works:
   In this case, the remixer needs permission from the record company which published the original recording. 
   If the original work was co-authored by several persons, permission from the co-authors must also be obtained.
    
2. Remix by the author of the original work – with samples from third-party works:
   In addition to permission from the record company and any co-authors, the remixer needs permission from the rightholders of the samples, in other words from:
   . the author or publisher of the third-party work (for the rights in the work), and
   . the record company (for the rights in the recording)
    
3. Remix by a third party – with samples from third-party works:
   A third party who remixes a work needs permission from:
   . the author or publisher of the original work (rights in the work), and
   . the record company which published the original (for the recording).
   These agreements also regulate the rights in the original sample. If the remix version contains samples from other third-party works as well, separate agreements have to be concluded with the relevant rightholders (authors, publishers, record companies).

For further information about samples and remixes –- including the rights involved and agreements required to register a remix with SUISA –- see the SUISAblog:
https://blog.suisa.ch/en/sampling-and-remixes/

Ready-made beats are very popular with music creators. You should, however, be aware that your “purchase” does not as a rule cover all the rights in the beat but only a certain right of use – in the form of a licence.

If you buy ready-made beats, you must make sure you know exactly which uses are allowed and which are not. This applies for example for the reproduction of the beat (e.g. for CDs or streams) or its arrangement.

What to consider when concluding a licence agreement for a beat is explained in detail in the SUISAblog:
https://blog.suisa.ch/en/the-beats-from-others-but-your-own-songs/

A cover version is a musical work that is deliberately reproduced and possibly reinterpreted - a cover version basically stays very close to the original. Cover versions do not go as far as arrangements  because the musical work is not given any new individual character. Conversely to arrangements, cover versions cannot be independently protected by a separate copyright. 

In a buyout agreement, the author transfers all rights of use in a work once and for all to a producer – in exchange for an agreed single payment.

This means that after the single payment, the author will no longer receive any income from the work – not even in the event of subsequent use. As a rule, related rights are also included in the buyout.

For members of collective management organisations like SUISA, such buyouts are generally not admissible. This is because members have transferred their rights of use to the collective management organisation. The very purpose of such organisations is to assert copyrights for each use of a work – in other words, to secure remuneration on an ongoing basis.

For over a century, composers and songwriters of music for film, television and other audiovisual media have relied on a well-tested model: they keep hold of their copyrights, and when their works are broadcast or otherwise used – by radio stations or streaming services for example – they collect ongoing licensing revenues in exchange.

Today, this model is increasingly called into question. More and more companies demand that composers accept a full buyout of their rights – including performing rights.  In this scenario, music creators receive a one-time fee but lose the entitlement to ongoing remuneration from the uses of their works. Such buyouts are often a prerequisite for commissioning or employment.

The works of songwriters and composers, as of screenwriters and directors, are an invaluable and inextricable part of the storytelling in film, TV and all other audiovisual media. Traditionally, royalty income has been one of the few dependable sources of earnings for these creators.

The growing practice of buying out their rights changes the remuneration equation – with adverse implications for the economic security and long-term careers of many creators.

To raise awareness for this global issue, an international education resource has been launched. It brings together the US initiative “Your Music Your Future” and CISAC, the global confederation of authors societies with 230 members in over 120 countries and territories.

“Your Music Your Future” was founded by US composers in 2019. It is dedicated to educating fellow creators about their rights, options for compensation and the ramifications of their choices, including accepting total buyouts of their work. The campaign is strictly educational and does not take sides in the debate. Meanwhile it has a community of more than 15,000 members.

As a rule, SUISA does not accept general waivers from its members.

There are two important reasons why not:

• artists who waive their royalties make themselves and others more vulnerable to pressure from users – organisers could decide for example only to employ bands which agree to waive royalties on their own compositions; and
• processing such waivers involves disproportionate additional administration costs for SUISA. The additional costs have to be borne by all SUISA members, including those who do not issue waivers.

In individual cases, SUISA may make an exception and waive remuneration.
A few examples:

• Own sound carrier productions:
  authors who auto-finance and produce their own CDs can waive the entitlement to mechanical rights (reproduction). In the case of a band, all co-authors and arrangers must give their consent to validate a waiver.
  Register your own compositions at:
  https://www.suisa.ch/en/Kunden/Weitere-Tarife/CDs--Vinyl--Musik-DVD-zum-Vertrieb0.html
   
• Commissioned compositions:
  Works for orchestras and choirs:
  For world premières, it can be agreed that the performance rights for the first concert are covered by the commission. All subsequent performances must be licensed by SUISA as usual.
  Film music:
  For film score commissions, SUISA members may conclude a supplemental agreement regulating certain rights directly with the principal. This only applies to music specially composed for a film. Commercials are excluded.
  Game music:
  Members can regulate synchronisation, production and distribution rights directly with the game producer through the games supplemental agreement. Other uses (e.g. downloads or streams) continue to be managed by SUISA –- analogously to the film area.
  Theatre music:
  SUISA members who are employed by a Swiss theatre for at least one season may exclude works composed for a play (provided the work is not a theatrical work) through the supplementary theatre agreement. The exception only applies in the framework of this employment relationship.

All other rights of use not regulated by supplemental agreements remain with SUISA and will be licensed in accordance with the relevant tariff. Example: If production rights have been waived in respect of a film and that film is broadcast on television, SUISA licenses this use and the composer receives a royalty for the broadcasting.

SUISA members may make their works available for non-commercial uses under a creative commons licence. To do so, all participants in the work – publisher included, if applicable – must be members of SUISA and consent to the licence.

A creative commons licence is only an option for uses for which SUISA’s tariffs foresee work-for-work fees instead of flat fees. Before licensing, the work must have been registered with SUISA and the relevant application filed. SUISA does not charge remuneration for such works provided usage is non-commercial.

For further information and the relevant application form, see on our page under:
Creative Commons licences

The waiver, or buy-out as it is also called, only applies to recording and reproduction rights under Tariff VN – with the exception of advertising.

Performance rights (e.g. showing the film on television or at the cinema) are not covered by the waiver. Accordingly, in the case of these performances, authors continue to receive the relevant remuneration.

SUISA has established a special Pension Fund for authors and publishers. SUISA Pension Fund supports eligible members with a contribution to their income in old age.

For more information about eligibility and the terms and conditions of support, see the following page:
SUISA Pension Fund for Authors and Publishers (SPF)​​​​​​​

Yes. The royalties you receive from SUISA are part of your taxable income and must be declared in your tax return.

If the tax authorities ask you to do so, you must document your income from SUISA by providing the settlement statements. If you fail to comply with this request, the tax authorities can ask SUISA to provide the documentation.

If your income from SUISA is not properly declared, that can be considered tax evasion. In which case, you may be required to pay back taxes, penalty taxes and fines.

No. Authors’ services are exempt from value-added tax.

Yes, the royalty settlements you receive from SUISA qualify as income from self-employed activities and are therefore subject to AHV/AVS contributions. This income must be filed with the AHV/AVS Compensation Fund.

If your total income from self-employed activities is less than CHF 2,300 per year, the Compensation Fund will only charge contributions at your request.

It is advisable to voluntarily pay social security contributions even on smaller amounts. This helps you avoid gaps in contributions which can adversely impact your AHV/AVS pension when you retire.

Read more about this subject in the SUISAblog:
SUISA remuneration is subject to AHV (pension) contributions

FONDATION SUISA is a non-profit foundation based in Lausanne; it has promoted contemporary music in all genres in Switzerland and Liechtenstein since 1989, supporting its dissemination at home and abroad.

For further information, see the website:
www.fondation-suisa.ch

FONDATION SUISA supports projects which have a connection with contemporary music-making in Switzerland or in Liechtenstein: activities must also be accessible to the public and have supra-regional appeal.

Moreover, the Foundation offers various incentive programmes, such as ‘Get Going!’, encouraging innovative ideas and individual career steps for music creators.

For further information, see the website:
www.fondation-suisa.ch

FONDATION SUISA is funded through an annual allocation of 2.5% of SUISA's domestic performance and broadcasting revenues.

SUISA is the Swiss Cooperative Society of Music Authors and Publishers. It represents their copyrights and ensures they receive fair remuneration for their work.

Requests for funding must be submitted online – via the application portal on the website.

Direct link to application portal

The dossiers submitted are assessed by the Artistic Committee.

Contact for inquiries:
FONDATION SUISA
Avenue du Grammont 11bis
1007 Lausanne
Phone: +41 21 613 50 60
email: info@fondation-suisa.ch

In specific cases, you may contact the office directly. The contact persons and their functions are indicated on the FONDATION SUISA website at: www.fondation-suisa.ch

FONDATION SUISA does not support, inter alia: infrastructure projects, educational and training programmes, pure sound or image productions, arrangement work, PR measures, sponsorship, therapeutic projects and retroactive applications (i.e. for projects that have already started).

The Funding Regulations of FONDATION SUISA contain a detailed description of its funding criteria and exclusions. The Regulations are available on the website: www.fondation-suisa.ch

The following criteria and prerequisites must be met:

• The project must have a direct relationship with current music-making in Switzerland or Liechtenstein – for example, nationality, residence, SUISA membership, or make a verifiable contribution to musical life in these countries.
• As a rule, applications must be submitted at least three months before the start of a project.
• Only one funding contribution per person or project is granted per year.
• Applicants must demonstrate adequate own funds and viable overall financing. No support is provided for free concerts or free online publications.

Mint Digital Services is a joint venture established by SUISA and SESAC, a US music rights organisation. Mint Digital Services offers services in all areas of music rights management – with special focus on digital uses of music.

Mint enables SUISA and SESAC to centralise and streamline the online licensing of their own repertoires.  Moreover, the joint venture offers its services to third parties, including music publishers and other rights management organisations.

For more information, see its website: www.mintservices.com/

Through Mint Digital Services, SUISA is exploiting its high-performance, state-of-the-art IT infrastructure to develop new business.

Thanks to its joint venture with SESAC, SUISA can make more efficient use of its informatics resources while equipping itself strategically for the future. The current model – in which one collective management organisation per country licenses the entire global repertoire – is increasingly likely to be challenged or watered down in the future.

The trend towards direct licensing is clear even beyond the online sector. As part of this trend, transnational licences will be granted, but only for own repertoire – circumventing local collective management organisations.

By establishing Mint, SUISA is responding to these developments in a timely manner, positioning itself in the international music rights business as a digitally competent and competitive organisation.

No –- nothing changes for SUISA members. SUISA remains your contact and continues to issue settlement statements directly to members.

Mint Digital Services has simply taken over certain behind-the-scenes services – primarily relating to the management of digital rights – on SUISA’s instructions.

No.  The partnership with SESAC does not affect settlement flows from the USA.

Revenues from the USA paid to SUISA members for the use of their works will continue to be collected and settled as part of the existing reciprocity agreements between SUISA and the US collective management organisations (e.g. ASCAP, BMI, SESAC).

No – the Mint Digital Services joint venture only provides administration and accounting services. The licensing of the SESAC and SUISA repertoires is not handled through Mint itself, but through own specially established subsidiaries in Liechtenstein:

• • SESAC Digital Licensing AG (SESAC subsidiary)
  • SUISA Digital Licensing AG (SUISA subsidiary)

so as to ensure access to the European Economic Area.

The two companies are responsible for the separate online licensing of their own rights, and for the licensing of the performing rights of most Anglo-American collective management organisations.

We may be able to negotiate better contracts with certain online platforms. But the platforms themselves can decide whether they want to negotiate with the SUISA and SESAC licensing entities individually or jointly.

If a platform negotiates jointly with the two companies, SUISA is likely to profit from the larger SESAC repertoire.  This may lead to better terms and conditions for SUISA, and therefore for the authors and publishers it represents.

Background music is music played in commercial or public spaces with a view to creating a welcoming atmosphere.

Background music is mainly used in:

• shops,
• bars and restaurants,
• lobbies and waiting rooms,
• offices and workstations, and
• over the phone, as music on hold

There are no exceptions for small shops or offices. The minute you start playing background music or running films and TV broadcasts on your premises you become liable for fees under Common Tariff 3a (CT 3a), available only in German, French and Italian.

In exchange for these fees, you are entitled to use the entire world repertoire of music – for a very low price.

Revenues collected under CT 3a (Common Tariff 3a) are distributed to the composers, lyricists, and performers of the music, and to the producers, screenplay writers and actors of the films and broadcasts concerned.

In Switzerland, these creative artists are represented by five collective management organisations: ProLitteris, SUISA, SUISSIMAGE, SOCIETE SUISSE DES AUTEURS (SSA) and SWISSPERFORM. Since CT 3a is by definition a common tariff, you receive a single invoice, from SUISA. By paying SUISA's invoice, you extinguish the claims of all five organisations.

For further information, see the SUISAblog: "How SUISA distributes fees collected for background entertainment"

If you use musical works or services in your business or in public, the relevant composers, lyricists, performing artists, or screenplay writers and producers, and their publishers, are entitled to remuneration by law.

You have to pay fees under Common Tariff 3a (CT 3a) if at least one of the following circumstances applies to your business:

• background music is played in your restaurant, store or other business premises,
• you play films, radio or TV broadcasts on your premises;
• you have guestrooms, holiday homes, rooms for patients, or the like, equipped with devices for playing films and radio and TV broadcasts,
• you play music on hold on your telephone waiting loop,
• your company cars are equipped with radios.

Fees under Common Tariff 3a (CT 3a) are charged based on the surface area on which the music, film, or TV broadcast is played.

In this context:

• the surface areas per location, including any guestrooms, are added together.
• If a customer operates several locations (e.g. business premises, shops, factories, branches, etc.), remuneration is charged separately for each location.

The fees and particulars are set out in the tariff information (available only in German, French and Italian) CT 3a.

For music on hold (phone waiting loops), the reference basis is the number of active lines on the exchange.

You must automatically contact SUISA if you use music or audiovisual content in your business; the simplest way to do so is online at
www.suisa.ch/3a

As part of our marketing strategy, we also contact businesses directly. If you use music without the requisite licence from SUISA, you can be charged double the applicable rate.

If you have forgotten to register, please contact us promptly.  We will invoice you for your prior unlicensed usage at the normal CT 3a rate.

Tip: If you register via the SUISA customer portal, you will be granted a 5% discount on your invoice.

No. There are no exemptions from the obligation to pay the fee.

Whoever uses music or audiovisual works commercially or publicly is required by law to pay a fee to the rightholder(s). This obligation is statutory and the remuneration is set in the relevant tariff.

By law, authors and other rightholders are entitled to remuneration for their work.

No. There are other tariffs for live music. Just as there are various kinds of music uses, there are various tariffs for the different uses.

Common Tariff 3a (CT 3a) does not apply to live music; the relevant tariff is either the concert tariff (CT K) or the tariff for events with live music (CT H).

Find more information here:

When you buy a CD, you acquire the right to play it in your private sphere, i.e. at home or in your car. Use outside the private sphere is not included in the price of the CD. To play the CD elsewhere, you have to pay a licence fee under CT 3a.

No. Unless otherwise stipulated in the licence, SUISA generally does not need programme listings.

SUISA invoices Common Tariff 3a (CT 3a) fees once a year. As a rule, the licence is granted for a full calendar year, from 1 January to 31 December.

For businesses or holiday homes that do not play background music or films all year round, the fee is only charged for the actual months of use.

Important: If anything changes (e.g.  duration of use, location, surface area) you must notify SUISA by 15 January of the following year at the latest. Otherwise, you will be invoiced the same fees as the year before.

In the case of single uses, for example at fairs or events limited in time, a single invoice is issued for the relevant time frame. The fee for a fraction of a month is due for the full month.

The minimum amount is one month’s fee.

Relevant changes must be notified to SUISA via the customer portal www.suisa.ch/kundenportal by 15 January of the following year at the latest.

If you have not paid your invoice yet, we will cancel it and issue you a new revised one.

If you have already paid the invoice, we will refund the difference or carry it forward to the next invoice.

The fees specified by the Radio and Television Act (RTVA) serve to secure independent radio and TV broadcasting in Switzerland. The Federal Office of Communications (OFCOM) distributes the proceeds to the SRG and to the other radio and TV broadcasters with a performance mandate which use them to finance their broadcasting activities.

The licence fees collected by SUISA are owed to the composers, lyricists and performers of the music and to the producers, screenwriters and actors of the films and broadcasts. All the latter are entitled to remuneration whenever their works and performances are used outside the private sphere, e.g. as background music in stores, restaurants, lounges, working areas or as music for telephone loops. 

No, CT 3a licence fees are payable irrespective of the radio and TV reception fee. Even if a business does not have to pay the radio and TV reception fee - e.g. because its annual sales are less than CHF 500,000 - licence fees are due under CT 3a for music, films or TV broadcasts played outside the private sphere.

No – the obligation to pay remuneration also applies to holiday home rentals and guestrooms.

If the holiday home or guestroom is equipped with music devices or TV screens, the landlord must pay licence fees in accordance with Common Tariff 3a (CT 3a).

Yes. If you organise a public viewing (by definition outside the private sphere), you need a licence from SUISA

The type of licence depends on the size of the screen:

1. Screens under 3 metres in diagonal
You need a licence in accordance with Common Tariff 3a (CT 3a).
If you are already a customer of SUISA and have a CT 3a licence, no further action is required.

2. Screens over 3 metres in diagonal
In this case, Common Tariff 3c (CT 3c) applies.

For further information, see: Public viewing on large screens

As a rule, all uses of music in videos have to be registered with SUISA – regardless whether the video is made available online, played on a screen, or otherwise disseminated.

If a video is only used for private purposes, within a small circle of friends and family, you do not need a licence from SUISA.

Embedding videos on social media is only subject to a licence if the videos are used commercially. Private users do not as a rule need a licence. Embedding videos on a website is, however, subject to a fee.

Yes, if you are using music protected by copyright.

What music is protected by copyright?

Users who upload or share music on the internet are responsible. They must secure the necessary permission to use the music, and obtain or acquire the necessary rights from the relevant rightholders.

A web point of presence comprises all web pages that are publicly accessible under a specific internet address (domain) for a natural or legal person. This includes all content, subpages and functions belonging to the domain in question.

Important distinctions:

• Own domain = own web point of presence
  Each independent internet address (e.g.www.beispiel.ch) qualifies as a separate point of presence. When someone operates several domains, each domain counts as a separate web point of presence – even if they are linked to each other or have related content.
   
• Social media profile = own web presence
  Each social media profile, e.g. on Facebook, YouTube, Instagram, TikTok, etc. qualifies as a separate point of presence. In other words, a company that has a website and an additional Facebook profile, has two separate points of presence.

In terms of licensing, this means that:
since a licence is required for the use of music on publicly available internet sites and platforms, a separate licence must be obtained for each point of presence – even if all the profiles belong to the same company. This applies both to conventional websites and to social media insofar as music is embedded or made available.

No.  Under Swiss law, an intranet is public, not private.

Legally speaking, protected content – e.g. texts, images or videos – placed on an intranet constitutes public usage. Therefore, such content must be licensed from SUISA (music, videos) or, in the case of texts and images, from ProLitteris at the tariff rates for online uses.

Making available videos with music on the internet counts as public use.  The authors are therefore entitled by law to remuneration.

This remuneration is collected by SUISA and passed on to the authors.

In practice, the uploading person may be sent a warning with a request to delete the video or have it deleted.

In certain cases, labels may demand damages for the unauthorised online use. Certain platforms automatically delete the videos.

In the case of well-known songs, it may not even be technically possible to upload without a licence.

It depends on the individual case, and on the individual provider and rightholder.

Please report to us the average number of videos made available per year.  Based on your report, you will then receive an invoice for the current year.

If, in the following year, the number of videos changes enough to move into a different fee bracket, you should let us know by 28 February.

Adjustments can be made once a year.  Please report the change using the application form or via email.

Yes, even videos only shown on intranet have to be licensed. Under Swiss law, an intranet is public, not private.

The licensing obligation is the same as for videos made available on a website or on social media.

If you publish 100 videos on each of your points of presence – e.g. YouTube, Facebook, and your website – you are making available 300 videos.

This is the total number you must report in your registration.

Yes. As the author of the music or lyrics of a musical work, you alone are entitled to decide how your work is used. But if you have transferred part of your copyrights (for example, to SUISA), you should bear the following in mind:

If you are a member of SUISA, you can only publish your work without paying royalties on your own website. If you use your own music on your website, you should, however, notify SUISA to avoid SUISA invoicing you. Link: Waiver form 

If your work is published on a third-party website (e.g. Soundcloud, Facebook, YouTube, etc.), the owner of the website or the person responsible for its publishing must obtain a licence from SUISA and pay the corresponding fee. 

No. There is no general rule authorising the use of music free of charge.

Naming the composer does not replace a valid copyright licence.

No. But it is important to indicate the name of the original author correctly in the metadata.

SUISA invoices the digital service providers (iTunes, Amazon, Spotify etc.) directly.

If you are a member of SUISA, you have to register all your compositions with SUISA.

Unless you do so, SUISA cannot ensure that you are remunerated when your works are downloaded or streamed.

An arrangement – called a "derived work" in copyright law – is a variation of a work which satisfies the creative standards for copyright protection in its own right.

The production, publication and exploitation of an arrangement requires the consent of the author or the publisher of the arranged work.

No. Barcodes are only required for the physical sale of sound recordings – such as CDs or records.

For pure online commerce, over downloading or streaming platforms, you only need the ISRC code.

For further information, see the article "Codes, what codes?" (in German) on the SUISA website.

Videos or websites with the same content made available in different languages count as a single video or point of presence – provided they appear on the same domain.

SUISA can deliver all necessary rights for production music.
 

These include among inter alia:

• reproduction rights
• global making-available rights (e.g. on internet)
• synchronisation rights (i.e. combining music with images)
• related rights

SUISA has concluded the necessary agreements with various publishers of production music.

For further information, see on our website: Production Music

If you use production music (also known as library or mood music), or music from rightholders who have concluded a contract with SUISA (as a rule all authors in Switzerland), the licence is valid world-wide.

However, in the case of the international repertoire (i.e. music by authors in other countries), we cannot provide a world-wide guarantee for the licences.

If disputes arise with foreign collective management organisations, SUISA will act as a mediator and ensure that the correct licensing is agreed and coordinated.

SUISA licenses the mechanical rights (production) and the right to make audiovisual productions available. But the production process involves other rights. These are synchronisation rights, generally held by the publisher, on the one hand, and recording rights, held by the label, on the other. To obtain these rights, one normally has to pay the corresponding remuneration.

These are two distinct forms of use. The mechanical rights are federally regulated and are subject to a tariff. Making available is not federally regulated and is subject to its own set of rules. Both uses are public uses within the meaning of the Copyright Act. 

We take the average production cost per video.

In other words: the total production budget of all the videos divided by the number of videos. This average value is the reference basis for the fee calculation.

The fee is calculated based on:

• the number of videos with music made available online, and
• the production budget of the relevant video.

Reproduction and making available are two different forms of use.

• Reproduction is federally regulated and is subject to a tariff.
• Making available (e.g. posting on the internet) is not federally regulated and is subject to its own set of rules.

However, both uses are public uses within the meaning of the Copyright Act.

A production budget comprises the pre-production, production and post-production costs.

Productions must always be registered with SUISA before the audiovisual recording is produced.

The licence is delivered directly at registration, when you file application form VN-C .

The fees are flat-rate fees for the use of productions via streaming or downloading.

The waiver, or buy-out as it is also called, only applies to recording and reproduction rights under Tariff VN – with the exception of advertising.

Performance rights (e.g. showing the film on television or at the cinema) are not covered by the waiver. Accordingly, in the case of these performances, authors continue to receive the relevant remuneration.

No, if a podcast is only made available via conventional platforms like Spotify and not on your own website, only the reproduction (production) needs to be licensed. SUISA licenses the making-available of the music directly with the platforms concerned.

The minimum fee of CHF 34.20 applies to all the music in all the podcasts produced during a six-month reporting period provided such podcasts contain less than 24 minutes of protected music altogether. If the 24-minute duration is exceeded, a fee of CHF 1.40 per minute of protected music applies.

It makes no difference whether or not the podcast is profit-oriented. The music in a podcast must be licensed in any event.

No. Indicating the names of the rightholders does not entitle you to use protected music without the requisite licence.

No. SUISA only licenses the music in podcasts. If a podcast does not contain any music, it does not have to be registered with SUISA.

The production of a podcast must only be licensed once.

Its making-available online, on the other hand, has to be licensed on an ongoing basis for as long as the podcast is available online. Billing is every six-months.

A podcast series can be registered in advance.

There are two additional rights to be considered when using music in a podcast:

1. Synchronisation right
The synchronisation right is the right to combine a piece of music with another medium, e.g. to add music to a podcast.

As a rule, this right is managed directly by the publisher or the author of the work, and SUISA cannot issue a licence for synchronisation rights. Consequently, permission must be obtained directly from the relevant publisher or author.

2. Related rights
In this context, these rights concern the use of a specific recording – for example, a song from a CD or an MP3 file.

These rights are generally managed by the producer of the sound recording (sound recording producer, recording company or label). Here again, you must apply directly to the rightholder concerned.

Depending on the circumstances, Audion GmbH can help. Audion GmbH is an independent agency for music rights; it brokers and licenses selected uses of music recordings.

For radio and television broadcasters who offer podcasts of their previously broadcast programmes containing music licensed under Common Tariff S (private broadcasters) or Tariff A (SRG-SSR), the production and making available online on their website is already covered.

Exception: podcasts where the music takes centre stage, e.g.

• podcasts focusing specifically on bands or artists,
• reports on festivals and concerts,
• music specials, etc..

Such podcasts must additionally be licensed in accordance with the “podcast” licensing model.

Live streaming is (as a rule) the direct transmission of music or events disseminated live via the internet.

In principle, the remuneration is charged as a percentage of revenues. If there are no revenues, remuneration will be based on the total costs, or a minimum fee will be applied. 

For more information and the licensing terms and conditions for livestreams: Livestreams of events

As a private individual, you do not need a licence from SUISA to place non-commercial livestreams on YouTube and/or Facebook/Instagram because SUISA has direct agreements with both platforms (YouTube and Facebook/Instagram). In this context, non-commercial means that no money is charged for the livestream and that it is not produced by or for a company. Charity actions whose proceeds go entirely to the needy, as well as religious services and association events qualify as non-commercial provided no money is charged.

On social media: whenever money is charged for the livestream, or if it is streamed by or for a company.

On your own website: as a rule, whenever you use music protected by copyright.
Exception: a performing artist (e.g. a band) which only ever plays its own compositions (“own use”).

Usually, such messages tell you who the objecting rightholders are.

In this case, it is advisable to contact the person or organisation concerned: that is the best way of finding out why the notice appeared.

YouTube treats archived livestreams exactly the same way as any other uploaded videos: rightholders who can claim content in the videos are able to display advertising.

The advertising revenues are then shared between YouTube and the rightholders.

This is admissible; you can only avoid it by using music which you have composed and produced yourself in the video.

That depends: if you do not play music from a recording (and only stream concerts, for example), you can assume that the stream will not be blocked. However, SUISA is only responsible for copyrights and not for recording rights which are represented by the labels. Therefore, if you play music from recordings, you need to contact the labels to avoid blocking.

If you livestream music, you need a licence for the copyrights in accordance with the Licensing terms and conditions for livestreams.

Important:
If you are planning to stream commercially available recordings (e.g.C Ds, MP3s, or music from streaming platforms), depending on the platform and rightholders, the livestream may be blocked.

Tip: Read more on this subject in the SUISAblog article "Information on live streams for SUISA members"

Registration forms are found on our website here: Livestreams of events

1. From your organ/live/concert
   a) on social media: the rights are generally regulated by contracts with the platforms. You do not need a licence from SUISA.
   b) on your own website: you must obtain a licence from SUISA in accordance with the livestream licensing terms and conditions 
    
2. From recordings
   a) on social media: you should expect the stream to be blocked (see FAQ 6)
   b) on your own website: in addition to the authors’ rights, you need licences from the labels.

Yes, you must obtain a licence in accordance with the livestream licensing terms and conditions.

Important:
DJ sets usually contain music recordings in respect of which the record companies or labels hold the recording rights.

Many labels expressly prohibit DJ livestreams on social media, and often automatically block them.

To livestream on your own website, you additionally need to license the recording rights directly from the labels. Without a licence, you will be infringing those copyrights and risk prosecution.

Tip:
According to SUISA, Mixcloud is currently the only platform that has concluded agreements with most major labels for DJ livestreams. To be on the safe side of the law, we advise you to only livestream your DJ sets there.

Whosoever intends to publish or broadcast an audiovisual production – such as a commercial, film, video, or a series – has to file an application with SUISA.

The application can be made by:

• the principal or the user of the music directly, or
• an agent, such as an advertising agency.

SUISA confirms the registration in writing and issues the corresponding SUISA number(s).

Registration is online using the relevant VN-A application form (available at this link).

Yes. You must first register the video production with SUISA under Tariff VN. After registration, you are issued a SUISA number.

Then register the making-available of the online advertising campaign and enter the SUISA number in the process.

For further information, see: Online advertising campaigns

If you are re-using a commercial without making any changes – in duration, music or images – simply send an email to advertising@suisa.ch with the particulars of the repeat broadcast.

However, if any changes are made, a new form must be filled in, and the commercial must be registered with SUISA as a “derivative commercial”.

SUISA only protects and licences music. For a commercial to be broadcast on TV or online – with or without music – it must have a SUISA number. This is the only way the commercial can be unequivocally identified.

However, SUISA does not issue invoices for commercials that do not contain music, nor does it pay any royalties.

The production won’t be properly licensed, and it cannot be lawfully broadcast or streamed.

In that case, although their music was used, the music-makers will not be fairly remunerated.

Image films are designed to cast a company in a positive and informative light. The purpose is to strengthen trust in the brand or the company.

Commercials, on the other hand, target sales directly: they promote a product with a view to increasing sales.

Yes. Licensing under Tariff VN is mandatory, even without an online budget. 

Ideally, advertising budgets should be reported per commercial.

SUISA admits one exception:

• if music was commissioned from the same composer for several commercials, and
• the commercials differ only in length, for example,

a joint overall budget can be submitted.

Please point this out in the “Notes” field of the registration form.

Please send in your advertising budget as rapidly as possible.

If you do not have the budget when you register your application, indicate this in the “Notes” field. The budget must be sent in within four months of registration.

Important:

• In absence of budget information, SUISA can make a binding estimate.
• Changes in budgets must be reported promptly – ideally before invoicing.

Send the corresponding information with the SUISA number to: invoice-ad@suisa.ch

This can vary from case to case. Please contact advertising@suisa.ch with the particulars.

Yes. Any change in the commercial –- whether in the images, music, duration, or text – requires a new SUISA number.

But if the only difference is the language, a single SUISA number is enough.

All commercials or video productions broadcast in Switzerland or Liechtenstein must be registered with SUISA – regardless whether or not they contain music, licence-free music, or production music (also known as ‘mood music’).

Please fill in the registration form as completely and as accurately as possible so that SUISA can unequivocally identify the musical work.

On the use of ‘licence-free’ music from the internet:
You have used music promoted as ‘licence-free’ on certain websites in your commercial produced in Switzerland. These platforms offer catalogues presented – depending on the country or region – as freely usable.

Warning: Under Swiss law and in application of the agreements between SUISA and its members, and between SUISA and its foreign partner organisations, SUISA is required to collect remuneration where:

• the rightholders have transferred their works to a collective management organisation like SUISA, and
• their works are used publicly by third parties (e.g. in a commercial).
   

From the moment these musical works are entrusted to SUISA for rights management, their use is no longer automatically licence-free. We recommend that you check directly with the relevant websites to find out whether the works you are using are truly copyright-free. In many cases, no additional costs are likely to be due – but this depends on the specific piece of music and the legal circumstances.

If the video productions are only made available on the website or on the customer's social media channels, both the reproduction rights and the making-available rights must be licensed from SUISA.

In the case of production music, all relevant rights are covered by a single all-in fee.

In other words, the invoiced amount covers:

• synchronisation rights (combining music and images),
• master rights (recording rights)
• and authors’ rights (composer’s copyrights).

The source of the music does not matter.

When dealing with music protected by copyright and used in Switzerland or Liechtenstein, it must be licensed by SUISA under Tariff VN.

Unfortunately, we cannot answer these questions for two reasons:

• we receive a large number of inquiries every day.
• The circumstances of composers, publishers and subpublishers can change between the moment of your inquiry and the subsequent invoicing date.

SUISA’s duties include the following, among other things:

• managing the licensing of the use of music
• supporting music creators
• collecting and distributing royalties for the work of composers

For further information, we refer you to VN-Tariffs on page 4 and the licence terms and conditions for online advertising campaigns

The principal or the music user – in other words, SUISA’s customer – is invoiced for the music use in accordance with the applicable tariffs.

The music creators, who are either members of SUISA or of a foreign sister collective management organisation, are remunerated (royalties) in accordance with SUISA’s Distribution Rules.

The amounts paid may vary – depending on various factors such as the applicable tariff and the relevant distribution category.

The music users themselves decide who the invoice is sent to. SUISA sends the invoice to the address indicated on the registration form.

The debtor is always the person or company indicated on the form as the customer.

Settlement statements are generally prepared 3 months after the fully completed registration form is received.

If important information is missing – especially with regard to the advertising budget – processing may take longer. If, despite a reminder, the missing information is not supplied, SUISA may prepare a binding invoice based on its own estimate.

No. Rights in commercials cannot be waived; waivers are only possible in respect of films.

If the commercial is to be broadcast abroad, you need to contact the collective management organisation in the host country. They are responsible for licensing there.

If the content and the music in the bumper is identical to that in the main commercial, the bumper is counted as part of the same commercial.

Tariff VN, point 19 provides that:

• if different versions are cut of a commercial produced for use in Switzerland, the longest version is decisive for licensing purposes;
• all other versions qualify as copies of the main version.

This means that:

• only the longest version needs to be licensed for reproduction and making-available.
• For all shorter versions, only the making-available needs to be licensed.

(see points 15.3 and 24 of Tariff VN).

As soon as you use music publicly, you require a license – regardless the medium on which the music is used.

Since Tariff PN is still valid, you must continue to register and license your radio ads.

The same applies for ads played on podcast hosters.

If you perform music protected by copyright or have it performed in public, you need a licence from SUISA.

Concerts – with or without an admission fee – are regulated by Common Tariff K (CT K). To calculate the licence, SUISA needs the following information:

• ticket revenue details
• event-related costs
• set lists (programmes) of the performing artists

For forms and other information, see: www.suisa.ch/k

If you perform music protected by copyright, or have it performed, in public, you need a licence from SUISA.
The applicable tariffs vary depending on the type of event.

1. Events for which the public specifically gathers (e.g. concerts, openair festivals, comedy events, shows, dance or theatre performances). These are licensed in accordance with Common Tariff K (CT K).

We need:

• ticket revenue details
• event-related costs
• set lists (programmes) of the performing artists

For forms and further information, see: www.suisa.ch/k
 

2. Dance and entertainment events (e.g. parties, company events, village fêtes and town fairs, electro-festivals and raves). These are licensed in accordance with Common Tariff Hb (CT Hb).

For forms and further information, see: www.suisa.ch/hb

3) Dance and entertainment events in restaurants and bars (e.g. parties, DJ and dance events or free concerts). These are licensed in accordance with Common Tariff H (CT H).

For forms and further information, see: www.suisa.ch/h

Important: Register your event early on so the licence can be delivered in good time.

No. Royalties for concerts are calculated as a percentage of concert revenues or of the costs of music use. The financial situation of each event is thus equitably taken into account. But it is also possible to conclude an annual contract with SUISA and pay the agreed instalments for the whole year. In exchange, SUISA will grant you a licence for all your events during the year. If you are interested, please contact our customer services. 

SUISA normally calculates the remuneration based on a concert's revenues. In the following cases, however, the cost of the music use serves as the calculation basis:

• if the revenues cannot be established;
• if the costs are higher than the revenues and the customer has not prepared a budget, or if the customer assumes from the outset that the costs will have to be fully or partially covered by his own funds;
• charity events where the profit goes to the needy.

Whenever you use music in public, you must apply to SUISA to licence that use.

Such uses include:

• company events
• club events
• private parties

You do not need a licence to use music in the private sphere – namely within a small circle of family members and close friends, for example at a birthday party or a wedding.

The organiser has to apply for the licence. The organiser is the person or entity responsible for the use of the music, e.g. the owner or operator of a club, a radio or television station, or the association organising an event.

Because they are hired to perform – they offer a service for which they receive a fee; they do not organise the event.

Yes. Royalties are due whenever music is performed in public – whether or not admission is charged and the musicians are paid.  The only exception is for private events such as birthday parties and weddings.

If you don’t charge admission, the royalty is lower. Common Tariff H specifies the applicable rates.

No, because it is not an event in a small circle of family and friends.

Concerts and concert-like performances in the hospitality industry are usually licensed under Common Tariff K (CT K).

Exception: If an event is free of charge – i.e. no admission fee, collections, or mark-up on drinks – and is organised by the hotel or restaurant itself on its own premises, Common Tariff H (CT H) applies.

When SUISA receives the programme list, it will as a rule distribute the money to the authors of the listed works. If SUISA does not request the programme to avoid excessive costs, it will distribute royalties on a «lump sum» basis.  Entertainment events with recorded music are always settled based on a statistical sampling method (hit boxes). 

Copyright law has a restrictive interpretation of the term “Private”. Private events are only events at home, within a small circle of family and friends – such as weddings or birthday parties, for example.

Company and club events do not qualify as private. For these events, you must obtain a licence from SUISA and pay the corresponding fee for music use.

As a rule, the organisers of an event with music are responsible for paying the copyright remuneration. If you organise an event, then you are responsible for the payment.

This tariff is intended for organisations which broadcast radio and/or TV programmes or feed them directly into cable networks.

In copyright law, these organisations are called “broadcasters”. Broadcasters may broadcast one or more TV channels and radio stations.

Point 30. No. Payments on account are decided on the basis of final statements of account or, in the case of new broadcasters, based on their registration forms. Payments on account are adjusted as required at SUISA’s discretion, or when a customer contacts SUISA proactively to request an adjustment.

Own resources include:

• Equity
• Debts (loans)

Relevant costs (non-exhaustive list)

Programme, materials and services costs:

• Broadcast production technology
• Transmission technology (feeding-in, dissemination)
• Presentation studio technology
• Cost of materials, affiliated companies’ costs of materials
• Acquisition of rights and licences from third parties and affiliated companies
• Third-party services for the production of commercials
• Other third-party and affiliated company production and programme costs
• Social media costs
• Other services costs
• Cost reductions

Labour costs:

• Salaries
• Social security
• Pension fund
• Advanced education and training
• Actual expenses paid
• Other labour costs
• Temporary employees
• Social security benefits

Other operating costs:

• Premises
• Maintenance, repairs, replacement
• DAB platform operator’s user fees 
  (Broadcasters granted funding for the promotion of DAB+ technologies pursuant to Articles 58 and 109a RTVA, may, on the DAB+ costs side, deduct the amount received from OFCOM up to the amount of the funding received; the remaining DAB+ costs must be declared as usual. For example, a broadcaster with total DAB+ costs of CHF 30,000 and receiving CHF 10,000 in DAB+ technology funding from OFCOM, can simply deduct CHF 10,000 from costs and declare the remaining CHF 20,000 as costs.)
• Vehicles
• Property insurance, taxes and charges
• Energy and waste disposal
• Administration
• Advertising
• Advertising costs of group media partnerships        
• Costs for barter transactions, advertising excluded
• Other operating costs
• Non-reclaimable VAT
• Depreciation (except: see “extra-ordinary results”)
• Management fees

Costs which are not relevant (non-exhaustive list):

Extra-ordinary result:

• Other extra-ordinary costs
• Copyright fees / other sister society fees
• Costs for events (e.g. CT K costs)
• Costs for third-party financial investments / Affiliated companies / Shareholders
• Extra-ordinary depreciation
• New technologies depreciation (RTVA Art. 58)
• Depreciation of goodwill
• Depreciation on programme conservation (Art. 21(3) RTVA)
• Fines, penalties, legal infringements
• Other extra-ordinary non-operating costs
• Taxes

Under point 10 of the Tariff, licensing terms and conditions are always “per channel or station”.

This means that:

• if a channel or station has its own name, and
• the viewers or listeners have to actively select it,

it counts as a free-standing channel or station – even if the content is only slightly different (e.g. different news bulletin).

If, in the case of such stations or channels, neither the revenues nor the costs exceed the minimum fee, the minimum fee is charged.

Supplementary channels and stations offered via webcasting must also be settled separately from the main channel or station.

This concerns what are known as “artist channels”, for example, with identical programming which can be assigned to several main stations or channels.

Yes. Point 8.1 (tariff, last indent) provides that the broadcaster must report the allocations and income which it needs to cover the shortfall arising from its broadcasting activities.

The only exceptions are revenues which have already been accounted under other SUISA tariffs, deriving for example from:

• concert events
• other events with music
• sound and audiovisual recording productions

SUISA disregards any losses from the prior year. To the extent the prior year’s profit was realised from broadcasting activities, it was already taken into account in the reported income. So if it were counted again in the reported income of the following year, that would be a double charge.

When larger amounts are involved, SUISA verifies on a case-by-case basis whether this income should be reported as revenues.

The lump-sum deduction under point 8.3 does not apply to cost-based invoicing since the lump-sum deduction only concerns advertising income.

Reductions under points 18 to 21:

Point 18 concerns the invoiced remuneration. The reduction is therefore granted even where remuneration is calculated based on costs.

Point 19 concerns the invoiced remuneration. The reduction is therefore granted even where remuneration is calculated based on costs.

Point 20 refers to the settlement statement. The reduction is therefore granted even where remuneration is calculated based on costs.

The reduction under point 21 is not directly related with either costs or income. The reduction is therefore granted even where remuneration is calculated based on costs.

Reductions for trade associations and for timely and complete reporting are assessed independently of the costs or income issue.

Broadcasters who belong to a recognised association of radio and television broadcasting companies are entitled to a 10% reduction, provided:

• the association supports SUISA and SWISSPERFORM in their work
• the broadcaster undertakes in writing to respect the tariff provisions. This includes, e.g.:
  • compliance with time limits
  • complete and timely delivery of all data for the final settlement statement

Important:
The reductions apply per channel or station – not for an entire company. This means that: in any given group, one channel may be granted a reduction while another will not.

Point 33. Jingles, background music, etc. must be reported in the broadcast lists. In practice, SUISA accepts jingles, signets, etc. being reported separately from the broadcast list. There are no specific reporting time limits.

The broadcaster loses its reduction. The loss of the reduction does not however release the broadcaster, channel or station from its reporting obligations under Article 51 CopA. The circumstances are regulated by point 48 CT S.

It is clear from point 48 that apart from the loss of the reduction, non-compliance with reporting requirements can lead to an obligation for the broadcaster to compensate any additional costs incurred by the collective management organisation.

Point 7.1 of Common Tariff S (CT S) provides that certain broadcasters must acquire supplemental rights from Audion: https://www.audion-music.ch/

Audion grants broadcasters who are not subject to the Federal Act on Radio and Television (RTVA) the reproduction licence for broadcasting purposes. Non-RTVA broadcasters are broadcasters with minor editorial significance, i.e. music-only stations with low broadcasting reach.

In Switzerland and Liechtenstein, the legal protection period for musical works runs for 70 years after the author's death. If you intend to record musical works protected by copyright, or have such works recorded, you need a licence from SUISA.

Nearly all authors – in Switzerland and abroad – have entrusted SUISA with the management of their rights in Switzerland and in Liechtenstein. This means that SUISA grants the licence on the rightholder’s behalf to record a work against payment of the corresponding remuneration, which it then passes on to the entitled author or publisher. Accordingly, you must always notify SUISA before producing a recording, or having a recording produced.

Yes. If you intend to record music protected by copyright on audiovisual carriers for uses outside the private sphere, you need permission from the author or rightholder – generally the publisher.  This permission is called a synchronisation licence.

Without such permission, you may not use or reproduce the music. You must obtain the licence in advance, before recording. As a rule, SUISA cannot issue such licences itself.

You do not need a synchronisation licence if you add sound to or reproduce film recordings with music exclusively for private use (e.g. family videos).

You may burn your own CDs and DVDs provided:

• the CD or DVD is only for your own private use, or
• the CD or DVD is a gift for a close friend or relative.

You may not burn your own CDs and DVDs if:

• you intend to sell the CD or DVD without having obtained permission from the record company or a licence from SUISA, or
• the CD or DVD is a gift for someone other than a close friend or relative.

The Copyright Act authorises the free use of a work “in the personal sphere or within a small circle of closely-related persons, such as relatives or friends“.  Case law and literature is strict in this regard: only persons who are actually closely related count. Important: only you, yourself, as a private individual, may do the burning.

Burning is not permitted if it is done on your behalf by a press shop or any other third party for a fee.

Productions must always be registered before the audiovisual recording is produced.

Download the "Application for a sound carrier recording licence", fill it in and send it to SUISA. SUISA must receive the duly completed form at least ten days before the recording date. SUISA will then authorise the pressing plant to produce the sound recordings. Without SUISA’s authorisation, the pressing plant cannot proceed.

To use music for advertising purposes you need the express permission of the author or his publisher.

SUISA cannot grant you this permission but will forward your application.  As this takes some time, SUISA notifies applicants on receipt of their duly completed application form that no sound recordings may be produced until written permission is received.

Authors and publishers may demand remuneration for the licence: such remuneration is additional to the customary fees collected by SUISA.

If you combine music with other works (pictures, dialogues etc.) on the audiovisual recording or make the audiovisual recording for alien purposes (advertising, sales promotions or public relations), you may be going against the author’s principles or intentions.

To protect the author's moral rights, SUISA only issues licences to record music with the authors’ consent – as a rule this is evidenced by the "sync" (synchronisation) licence.

No.  The rental price is not included in the purchase price for a video or DVD.

The Copyright Act provides that only collective management organisations are entitled to collect this remuneration (Article 13(3) CopA). 

There is another reason for the sometimes higher price for rental cassettes: it secures the exclusivity period during which films are not allowed to be broadcast on (free) television.

In Switzerland, if you own a CD or buy a song from an online shop, you are allowed to copy this music for your own use – for example to an MP3 player or on your car radio.  This is permitted by law.

The authors are entitled to a fee, however, because private copies save you the cost of buying another CD or the songs again – but the author incurs a financial loss.

This loss is compensated by the blank media levy – a simple and fair system:

• although the CD or music file containing the song belongs to you, the music still belongs to its authors, i.e. the composers and lyricists.
• Moreover, the blank media levy is not paid by the consumer but by the producer or importer of the storage media (e.g. smartphone, USB stick, hard drive).

The latter builds the royalties into the retail price just like their other production costs and their profit margin.

Fee rates per memory unit have actually been following a downward trend in recent years.

Moreover, the tariff structure takes into account the growing memory size of modern devices: the bigger the memory of a device, the lower the rate per gigabyte. This degressive model ensures a fair balance between the interests of the user and those of the author.

When you buy a CD, or music on the internet, no fee is charged for private use. Nor is any fee payable since private use is permitted by law.
Anybody who wishes to copy music from a CD or from a music file on the internet for private use can do so unrestrictedly. In exchange, the Copyright Act provides that the rightholders of the copied works are entitled to a fee levied on blank carriers and storage media (CDs, DVDs, MP3 players, etc.).

See infochart (https://www.suisa.ch/fileadmin/user_upload/suisa/FAQ/SUIS_Grafik_LTV_2014_final.jpg)

DRM systems have not become as widespread as was originally expected. On the contrary: they have been scrapped in many areas.

That is because:

• DRS systems are mostly closed systems which are poorly interconnectable with other devices and platforms.
• They cause content archiving problems.
• Such systems by no means assure users free access to all works and services.
• DRM systems can also be problematic in terms of privacy protection.

Nor DRM systems have managed to impose themselves in the music world or in any other field either. The major labels sell their music online through a multitude of internet platforms, without any copyright protection.

The Swiss collective management organisations rejected DRM for all these reasons.

• Consumers should be free to make copies unhindered for their own private use, but
• authors must be entitled to collect their fair due through an appropriate remuneration system, such as the blank media levy.

Storage media are used to store both personal data and works protected by copyright.

It is neither technically possible nor legally desirable to check exactly who is storing what. That is why royalties are charged as a lump-sum fee.

The share of personal and business content on such storage media is periodically verified by GfS, the research institution, and deducted when tariff rates are structured.

This means that the remuneration for authors is only levied on the portion of stored data representing the copyrighted content.

SUISA's tariffs regulate the remuneration for the use of authors’ rights. The Distribution Rules stipulate how the remuneration is distributed to entitled parties.

For uses abroad (e.g. for performances and broadcasts), the rules of the collective management organisation of the relevant host country apply.

Who receives money from the distribution?
The remuneration is distributed to:

• authors (e.g. composers, lyricists, arrangers), and
• music publishers

in Switzerland and, through our foreign sister organisations, abroad.

All entitled parties receive a settlement statement showing the share transferred to them.

What is distributed?
We distinguish between:

• performance and broadcasting rights, and
• reproduction rights

Unless special agreements are concluded, SUISA applies the distribution key set forth in its Distribution Rules. In certain cases, a different apportionment may be agreed – within certain limits.

Read more about distribution here: "How royalties are distributed"

SUISA prepares a settlement statement four times a year, on a quarterly basis.

However, certain categories are settled only once a year.

You can view the settlement calendar here: www.suisa.ch – Settlement dates

After the administration cost-coverage contribution, SUISA makes the following deductions:

• 7.5% of revenues from performance and broadcasting in Switzerland are paid to SUISA's Pension Fund for authors and publishers;
• 2.5% of revenues from performance and broadcasting in Switzerland are paid to the SUISA Foundation for Music which promotes musical creation in Switzerland.

These deductions are not applied to revenues from audio and video on demand uses. 

Revenues from abroad are distributed to SUISA members and principals after a deduction of 4% for the additional administrative costs. Legal provisions concerning withholding tax may apply. 

Read more about distribution here:  "SUISA’s cost-coverage deduction"

SUISA complies with applicable data protection legislation and treats personal data confidentially. SUISA may communicate information about works, authorship or entitlements to third parties in the scope of its mandate, for example to combat piracy or foster and promote music (Article 5.4 of the rights administration agreement).