Terms and Conditions of Use
Online registration of works
1. These Terms and Conditions of Use are supplemental to the provisions of the Rights Administration Agreement, to which reference is explicitly made here, and regulate your rights and obligations with regard to registrations of works filed in the Members area of SUISA’s website (“Online Registration of Works”).
By clicking the relevant button and completing the online registration of works, you undertake to comply with the Rights Administration Agreement and the following terms and conditions.
2. You have the non-exclusive and personal right to register your works via the online service made available on the SUISA website.
3. Works may be registered online by the Administrator of the account and by users to whom the Administrator has granted access rights and assigned this service. All such persons undertake to prevent access by unauthorised third parties. SUISA declines any liability for unauthorised access.
4. The following types of works cannot be registered online:
- musical works created for adding sound to an audiovisual production (film);
- arrangements of unprotected musical works (works in the public domain);
- literary works (texts without music).
5. You undertake to give accurate and true information about the registered work, notably with regard to authorship, arrangement consents, if any, other participants in the work and their percentage shares (distribution key).
6. If you register a work that has several participants, you represent and warrant to SUISA that you are entitled to register the work on behalf of all the participants. You are obligated to provide the other participants with a copy of the registration of works (e.g. by forwarding the confirmation email or sending a copy of the print-out of the registration of works).
7. Persons registering works online as publishers or on a publisher’s behalf must attach a digital copy of the publishing or sub-publishing agreement to the registration of works.
For arrangements, a digital copy of the arrangement authorisation from the right-holder(s) of the original work must be attached to the registration of works.
Copies of scores and recordings (on an audio format approved by SUISA or sheet music) should only be sent if requested by SUISA.
8. You must communicate your correct current email address to SUISA.
9. SUISA will send you an automatic confirmation of receipt by email for each online registration of works received. The confirmation of receipt has no legal effects and cannot be relied upon to assert any claims. It simply acknowledges that a registration of works was received.
10. SUISA registers the work, issues you a SUISA work number and an ISWC (International Standard Work Code), enters the work in its works database, digitally processes the relevant data which it then uses for managing the rights and makes available to its foreign sister societies. Article 6.3 of the Rights Administration Agreement applies with regard to the protection of personal data.
SUISA will not notify you when the work is registered, even if the indications on the registration are corrected. We therefore recommend that you check the registration in the online database 30 days after registering the works. If you have any objections to the registration, please inform us within 60 days of the registration date.
11. To access to the Members area of the SUISA website and the online registration of works you must follow a two-step authentication procedure. The access codes must be handled confidentially and safeguarded against misuse by third parties.
If as Administrator, you entrust other administrators or users with your online registrations of works, you must ensure that the authorised administrators and users comply with these Terms and Conditions of Use. You are liable for the acts and omissions of such administrators and users as for your own. SUISA declines all responsibility in this regard.
12. The proper functioning of the online registration of works is monitored during normal business hours. SUISA uses its best efforts to ensure that the online registration service is available around the clock. It cannot, however, guarantee permanent availability and reserves the right to interrupt access at any time without giving reasons. SUISA is not liable for any damages arising from the interruption of the online registration service or from errors, technical breakdowns, disturbances or abuse in the transmission and processing of data.
You are aware that the transmision of online registrations is not coded and that the security and confidentiality of the relevant data cannot be guaranteed.
In the ambit of its administration activities, SUISA may monitor, log, record and evaluate data transmissions in connection with online registrations of works.
13. You are liable for all direct and indirect damages incurred by SUISA as a result of any infringement of these Terms and Conditions of Use, and you undertake to hold SUISA, its sister societies and any other persons fully harmless from any third party claims (including indirect costs such as legal and court fees). Moreover, SUISA reserves the right to block your access to the online registration of works temporarily or permanently.
If you provide false or incomplete information about the registered works, e.g. concerning the rights of other declared participants, their respective shares or the arrangement consent, SUISA is entitled to invoice you or the declaring author or publisher for the cost of the ensuing clarifications and re-registration at the rate of CHF 100 per hour, and to charge the payment account accordingly.
All further compensation claims (especially for damages) are reserved.
14. The online registration of works on the SUISA website is currently supported by the following browsers: Internet Explorer (from version 11), Firefox (from version 30). Chrome (from version 35), and Safari (from version 7).
You yourself are responsible for the technical equipment of the computer used to access the online registration service. SUISA reserves the right to change the technical specifications for the use of its online registration of works service at any time.
15. These Terms and Conditions of Use may be amended at any time.