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Music on the Internet for large companies

Large companies (with over 50 employees and/or more than CHF 9 million in turnover) which publish videos containing music on their websites or social media profiles must essentially distinguish between two groups of rights: those concerning the production of the video and the rights for its making available. 

 

When music is used on videos in the internet (e.g. for image videos) the authors are entitled to the following remuneration:

 

  • For the production of the video: 
    The rights for the use of music in online videos have to be verified for each video individually. You may already have acquired the necessary rights (e.g. in the case of commissioned music) or you may not have produced the video yourself but obtained it from your foreign business partner, for example. However, if the videos were produced in Switzerland without the production rights having been licensed, they must be registered with SUISA. For further information on this subject, see “company films”. 
  • For the making-available of the video:
    The fee in this case is calculated based on the number of videos with music that you make available on your own website and social media profiles. The fee is a flat fee covering the whole calendar year. To enable us to calculate the flat-fee rate,  we need you to declare the number of videos made available across all your websites, and the date they were counted (counting reference date). The annual flat fee rates lie between CHF 125 and CHF 5,625.

 

How to proceed:

Please fill in the registration form

 

 

Information

 

 

 

 

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FAQs Large Companies: online videos with music

Basic questions

  1. Why must one pay SUISA for the use of videos with music on websites and social media? 
    Musicians have a legal claim to royalties when their music is made publicly available in videos on the internet. SUISA invoices the fees and passes them on to the authors. 

  2. I obtain all my videos, and the relevant music rights, from a partner abroad. Do I still have to pay your fee for making them available? 
    Yes. SUISA is responsible for collecting the fees for all videos intended for the public in Switzerland and Liechtenstein. As a rule, these rights cannot be settled abroad. If your foreign partner only uses music that is not subject to royalties, it is possible that the rights for making available in Switzerland have been settled.

  3. I only post few videos with music. What if I delete them all? 
    You will no longer have to pay us, respectively the rightholders (authors and publishers), any fees in the following year.

  4. How much does the licence for making music available on websites and social media cost? 
    The fee depends on the number of videos with music made available. 

  5. Does this fee cover all my videos? 
    Yes. It covers all the videos made available on your company’s own websites and social media profiles. Once the production budget for the videos on your internet pages exceeds CHF 30,000, these licence conditions no longer apply. In this case, kindly inform us by email to gkvideo@suisa.ch.

 

Reporting

  1. Our company has 100 videos with music. All the videos are on Youtube, Facebook and our own website (embedded through Youtube). Do I have to report 100 or 300 videos?
    F
    or each web presence, i.e. on your Youtube and Facebook Channel, as well as on your own website, you are making 100 videos available. That makes a total of 300. And that is the number you must report.

  2. Our company only posts videos on intranet.  We do not post videos on our public website or on social media. Do we have to report the intranet videos too? 
    No. If you only make your videos available on intranet, we assume that you are paying the relevant fees for usage under Common Tariff 9 and through PRO LITTERIS

  3. Unfortunately, it is impossible to find out what share of the videos we make available contains music. What assistance can you offer? 
    If you only have your total number of videos, regardless whether or not they contain music, you can simply report the total number. Experience shows that 75% of all videos contain music. Accordingly, we will deduct 25% from the total number reported. 

  4. The number of videos varies constantly over the year in our company because we post new videos every year while others have to be removed. So the number of videos fluctuates. Is there a reference date for determining the total number? 
    Yes, you can choose whichever reference date you wish. Based on your report, you will be invoiced for the current year. The invoice for the following year will be sent in April.
    If, in the following year, the number of videos changes and moves into a different fee bracket, you should let us know by 28 February. Maybe you could even provide a video forecast for the following year. Adjustments may be made once a year. Please report the changes in the number of videos  through our customer portal.

  5. What is the quickest way to find out how many videos our company has online? 
    On social media it is relatively easy to find the total number of videos. On Youtube, for example, you can see the total number of videos at a glance when you access your channel. On Facebook you find the number under the heading “videos”, they should be counted there. On Instagram you have to scroll through all the posts and count them individually. 

 

Music rights

  1. I only use commissioned music in my videos. Rights are always settled directly with the authors. Do I still have to pay the fee? 
    If the author is not a member of any collecting society like SUISA (or Germany’s GEMA for example), you do not have to pay anything. Otherwise, you will have to pay a fee for the making-available. With such authors you can settle the synchronisation rights, and in certain cases also the production and reproduction rights, directly.

  2. Does this licence give me all the rights? 
    No. Under the licence you only pay the author’s making-available fee for the music you use on the Internet. You first have to obtain the synchronisation and production rights for each video. If you copy the music from an existing source (e.g. a sound recording or directly from the Internet), then you must also obtain the rights in the recording (known as neighboring rights).

  3. Who grants which of these rights? 
    You can obtain the production rights from SUISA. For the synchronisation rights, you must contact each rightholder (composer, lyricist, publisher) individually. For the neighbouring rights, you should contact either the producer of the sound recording (the “label”), IFPI, or Audion.

 

For the past 

  1. The fee covers the current year. Is there a risk I might receive retrospective claims for prior years? 
    Yes. The rightholders may also assert their claims retrospectively or instruct us to do so on their behalf.

 

Territory 

  1. Is the licence valid worldwide? 
    The licence is valid worldwide if you use production music (also known as library or mood music), or music from rightholders who have concluded a contract with us (as a rule all authors in Switzerland). We cannot grant global licences for the international music repertoire.  However, if there is a conflict with a foreign sister society, for example, we will in any event act as intermediary and coordinate the proper licensing solution.

 

Payments

  1. What happens to the fees I pay? 
    Your fees, net of a 15% commission, are passed on to the entitled parties. 

  2. Will you invoice me automatically each year? 
    Yes, if your number of videos with music changes only slightly, or not at all, and the new number of videos is still in the same fee bracket.
    If the number of videos (for the following year) moves into a different fee bracket, you should let us know via our customer portal by 28 February. 

CONTACT

Registration, cancellation, questions etc.

gkvideo@suisa.ch

 

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