Further questions about the licensing of music uses

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.

Generative artificial intelligence is trained on works that are protected by copyright. AI-generated songs may therefore contain recognisable copyrighted works or parts of works.

Consequently, SUISA cannot forgo licensing unless users can credibly demonstrate that no copyrights are being infringed.

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

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.