Other rights
For film, video, and even podcast productions, further rights must be obtained in addition to those managed by SUISA. These include the following:
Synchronisation right
The synchronisation right is the right to combine music with images, i.e., to add music to a film. As a rule, this right is managed by the publisher of the work and a licence cannot be acquired from SUISA. Accordingly, you have to apply to the relevant publisher for the rights for each title. You can find the name of the publisher on the CD or in our works database under “shareholders” in roll "E".
Re-recording right
The re-recording right is the right to record a piece of music from the original recording (e.g. a CD or an MP3 file). The re-recording right is generally managed by the producer of the sound recording (sound recording producer, record company or label). You therefore need to apply for a licence for the relevant music pieces to the producer of the sound recording. In most cases, IFPI Switzerland (the umbrella association for Swiss producers of sound and audiovisual recordings of which nearly all well-known Swiss record companies are members) will be able to assist you.
If you wish to avoid this process, you can opt to use production music – a general solution covering all rights. Various publishers offer catalogues of music for adding sound to films. The advantage of production music is that the producer or user can acquire the licence to use the music directly from SUISA.
FAQ: Frequently asked questions
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The Federal Law of 9 October 1992 on Copyrights and Neighbouring Rights (the Copyright Law) is the legal reference basis for SUISA's activities. The Copyright Law regulates the rights of authors, performers, record producers and broadcasting companies in their works and services and stipulates the duties of the collective administration societies. The Copyright Law also defines fundamental terms such as “work” or “author”, and specifies what rights an author has in his works. The Law also places limits on copyright protection.
Pursuant to the Copyright Law, the author is the owner of his work. An author's work can only be published, reproduced, performed in public, broadcast or otherwise disseminated with his consent. In exchange, the author is entitled to remuneration.
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The Copyright Act protects all musical works of an original nature created by individuals. Apart from music, other acoustic works of an original nature, characterised by the use of sounds and not notes, are protected. All these works are protected regardless of their value or purpose. A symphony and a radio jingle enjoy equal protection under the Copyright Act. SUISA only manages what are known as “small rights”, i.e. the rights to non theatrical music. This includes:
- non theatrical musical works, with or without lyrics, including oratorios;
- concert versions of theatrical (dramatic) musical works;
- dance musical works which can be used without 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 15 minutes in the case of a television broadcast.
- musical works in films or other audiovisual or multimedia works (except in the case of films of dramatic musical works).
SUISA is responsible for performance, broadcasting and retransmission rights, public broadcasting rights, the right to make music available (online rights), mechanical rights (i.e. the production of sound and audiovisual recordings, including audiofiles) and blank carrier and rental rights.
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A list of reference books on the subject of copyright and musicians' rights is published under "Copyright in music"
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in German:
2003 Poto Wegener: „musik & recht – Schweizer Handbuch für Musikschaffende“ (Music & the Law – The Swiss Handbook for Music Creators), unchanged 2nd edition, 2004 (ISBN 978-3-9809540-2-0).
The book explores the following themes in 500 pages: copyright law, rights management law (SUISA and SWISSPERFORM), recording industry, sound recording agreements, publishing, sampling and remix, music and the Internet, contract law, intra-group agreements and organisation structures, concert contracts, management and booking, protection of group names, noise protection and social insurance. Although some sections are no longer entirely up to date, this book is a complete and competent guide with detailed explanations on a dozen sample contracts.
Robert Lyng, Heinz Oliver, Michael von Rothkirch: Die neue Praxis im Musikbusiness, 12th edition, 2013 (ISBN 978-3-95512-059-7).
A standard reference work for anyone who wants to know how the music industry works. The key players of the music industry are presented in 18 chapters. Precious practical tips for music professionals on everything from starting a band to hitting the top of the charts. The book covers copyright law basics as well as the art of negotiating contracts. Comprehensive annexes with commented contracts complete the book. Since the book is based on the German legal framework, not all information can be applied 1:1 to Switzerland.
Rolf Moser, Andreas Scheuermann (Hrsg.): Handbuch der Musikwirtschaft, 7th edition, 2018 (ISBN 978-3-7808-0188-3).
This 1500 page volume discusses all music production-related issues in great depth and detail - a more comprehensive presentation of the subject matter is hardly conceivable. Since the book is based on the German legal framework, not all information can be applied 1:1 to Switzerland.
Donald S. Passman, Wolfram Herrmann: Alles, was Sie über das Musikbusiness wissen müssen, 2nd edition, 2011 (ISBN 978-3-7910-2987-0).
An expert adaptation by Wolfram Herrmann of US lawyer Donald S. Passman's bestseller to the German, Austrian and Swiss music industry. The two insiders reveal their comprehensive expert knowledge in a sound and intelligible guide.
in French:
Guy Haumont, Eric Haumont: Le Droit des musiciens, Guide pratique, 2nd edition, 2002 (ISBN: 978-2911433160).
A clear and complete overview of law and practice in the music industry with an international focus; no longer entirely up to date.