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 rights
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".
Neighbouring rights (Master rights)
Neighbouring rights in this context means the right to re-record a piece of music from the original recording (e.g. a CD or an MP3 file). Neighbouring rights are 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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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.
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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.
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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.
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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.
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A list of reference books on the subject of copyright and musicians' rights is published on our website under "Copyright in music"