Tag Archives: Common tariff

Changes in relation to the distribution of Tariff CT 1 and CT 2 collections

In the last few years, cable network providers switched their offerings from analogue to digital. In order to take these changes into consideration, the distribution of the collections arising from Tariffs CT 1 (cable networks), CT 2a (retransmitters) and CT 2b (IP based networks) was aligned. In item 5.5.1 of the distribution rules the calculation basis of the reference parameter “number of subscribers” was changed to “daily reach”. Text by Irène Philipp Ziebold

Changes in relation to the distribution of Tariff CT 1 and CT 2 collections

Even though there is a plethora of digital TV programmes available, only a few of them fill TV screens for a longer period. (Foto: Zeber / Shutterstock.com)

Cable network providers have carried out a migration of their offerings from analogue to digital in the last few years. The number of the radio and TV programmes on offer is now many times higher than before. Until recently, the number of subscribers acted as the calculation basis for the distribution of income from Tariffs CT 1, CT 2a and CT 2b. As a consequence, the distribution depended on the receptability, i.e. on how many subscribers of a cable network provider had the option to receive a specific channel.

With the increase of the broadcaster offerings, the significance of the subscriber numbers regarding the actual work usage has decreased remarkably. This is due to the fact that of the multitude of channels that consumers have at their fingertips today, they only use a few in reality. With the switch of the calculation basis to the reference parameter “daily reach”, what counts in terms of distribution now is what consumers actually watch.

The daily reach corresponds with the share of people who have watched or listened to a specific programme on an average day for at least 30 seconds. The relevant usage is thus registered which goes above and beyond a mere channel hopping.

Distribution more exact based on actual usage

Due to the daily reach as a calculation basis the actual usage is now taken into consideration more: The copyright royalties now flow to those channels that have really been watched or listened to. Channels which were not selected by the consumer or where consumers merely hop through, are not taken into consideration for the allocations into the three broadcaster groupings (SRG SSR, Swiss private channels, foreign channels).

The switch to the reference parameter of the daily reach will entail that more money is going to be distributed to Swiss channels. In the case of the calculation based on subscriber numbers so far, many foreign channels were taken into consideration which are in fact only used by a very small portion of subscribers. This will no longer be the case with a calculation basis in accordance with the daily reach.

IGE (Institute of Intellectual Property) decision dated 26/07/2017 (PDF 1.47 MB, only in German) in relation to “Review of item 5.5.1 distribution rules: Distribution of collections from CT 1, 2a and 2b”
Further information on the distribution keys of SUISA

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In the last few years, cable network providers switched their offerings from analogue to digital. In order to take these changes into consideration, the distribution of the collections arising from Tariffs CT 1 (cable networks), CT 2a (retransmitters) and CT 2b (IP based networks) was aligned. In item 5.5.1 of the distribution rules the calculation basis of the reference parameter “number of subscribers” was changed to “daily reach”. Text by Irène Philipp Ziebold

Changes in relation to the distribution of Tariff CT 1 and CT 2 collections

Even though there is a plethora of digital TV programmes available, only a few of them fill TV screens for a longer period. (Foto: Zeber / Shutterstock.com)

Cable network providers have carried out a migration of their offerings from analogue to digital in the last few years. The number of the radio and TV programmes on offer is now many...read more

“Hands-on” – the new Common Tariff K

The new Joint Tariff K applies to events which have taken place since 01 January 2017. An overview of the changes to the concert tariff in force and some answers to frequently asked questions which have arisen based on the experience gathered with the new provisions in the first few months. Text by Chantal Bolzern

“Hands-on” – the new Common Tariff K

Since January 2017, a new concert tariff has been in force in Switzerland and in Liechtenstein. The picture shows SUISA member Seven (in the middle) on stage at the Tonart Festival in Altdorf, where he performed with a trio in March 2017. More information on Seven is available in the brochure “Where the music is new”, 2017 edition. (Photo: Tabea Hüberli)

What’s new?

There is now one instead of two tariffs. That way, all information that is relevant to customers, and the respective licensing terms and conditions are now combined into one single document. This makes life much easier, especially for event organisers who organise, apart from concerts, also other events such as theatre performances, cabarets etc.

The types of events are defined and explained in more detail and clarity. Apart from concerts, there are now specific event categories for concert-like performances, shows, ballet and theatre. These are intended to help customers to find their type of event and the licensing rates required for calculating the budget more quickly.

The licence fee percentages have been newly defined and reduced for many events depending on the type of event (concert, concert-like performance, show, ballet, theatre).

Apart from concerts, Common Tariff K (CT K) also governs licensing for music appearing in comedy, shows (such as “Art on Ice” or “Masters of Dirt”), sport tournaments with choreographies such as show dances or theatre performances with musical background or bedding. The calculation of the licence fees for comedy, tattoo festivals etc. in particular will become easier since the event is now relevant as a whole for the amount of the licence rate; it is no longer necessary to license individual works at different rates. This also helps making the budgeting process for event organisers easier and reduces the efforts of SUISA.

Small concerts are invoiced based on the works that were actually used (“pro rata temporis” rule) and no longer as a lump-sum. At the same time, licensing based on the costs of the music usage was re-introduced. Thus, the copyright remuneration will be calculated on the basis of the income generated or the costs incurred. The latter specifically applies to concerts which are free of charge and charity events.

Customers may also deduct the costs for external ticket sales up to a lump-sum of 10%, even for small concerts, if they submit the relevant supporting documents. SUISA thus takes into consideration that event organisers nowadays do use external ticket agencies, even for small or non-commercial events.

Performing artists of any recordings that are played by event organisers prior or after the event, or between the live performances, now also grant the event organiser reproduction rights. This entails a slight increase of the licensing rate for neighbouring rights from 0.2% to 0.25%.

Following the afore-mentioned lowering of the licensing fees, there was a review of the discount system. The volume discount is now only granted for small concerts and the contractual customer must be a member of a recognised association of event organisers in order to qualify for a discount.

What has not changed?

Services to concert goers by third parties that are included in the entrance fee, such as the use of public transport, a voucher for an inclusive drink etc. as well as ticket and value-added tax may still be deducted from the income if the relevant supporting documents are submitted.

The minimum licence fee has remained the same and still amounts to CHF 40 per event. Our contractual customers continue to receive the association discount as well as a 2% cash discount if they pay their invoice within 10 days.

Event organisers must submit set lists or lists of the performed works to SUISA. Firstly, SUISA requires such lists so that it can calculate a correct licensing amount. If SUISA does not hold the rights in all the titles, because, for example, copyright protection has already lapsed, the licensing amount is reduced on a pro rata temporis basis. The licensing rate also gets reduced on a pro rata temporis base if music is not used throughout the entire performance, as is the case quite regularly for theatre performances or comedy. Secondly, SUISA requires the lists in order to distribute the income collected to those composers and publishers whose music has been performed during the event.

Answers to frequently asked questions

Why does the new tariff create more administrative effort?
Introducing a new tariff is always an opportunity to check with long-term customers whether the modalities for the notifications of the events are still suitable for both parties. Furthermore, it is possible that with the partial changes to the licensing rates or conditions under the tariff, SUISA requires different information from customers. This mainly affects such concerts for which event organisers had received a licence based on the Common Tariff Kb between 2009 and 2016 (small concerts). Unfortunately, this is linked to an increased administrative effort for customers as well as for SUISA during a transitional period. As soon as we have clarified with individual customers in each case how we can licence and distribute correctly, this will get easier again.

What is a small concert and why is there no longer a specific tariff for it?
Between 2009 and 2016, a proper tariff applied for small concerts, Common Tariff Kb. Since the beginning of this year, small concerts are governed by the same tariff again as major concerts, theatre performances or comedy events.

In order to continue to fall under the “small concert” category, the capacity of the event venue must be no bigger than 999 people, and the income generated from ticket sales may not exceed CHF 15,000 per event. In this segment, the basic licensing rates were lowered from 10% until 2008 via 9.5% in 2016 to 9% for this year. Until 2008 the same rules have applied, and now, from 2017 onwards, apply again for the declaration of the concerts and licensing such as major concerts. This means that customers deliver the same information to us and don’t have to ask themselves each time which category the event falls under and how they should submit their documentation to SUISA.

This is especially a simplification of matters for medium-sized clubs whose capacity is just less than 1,000 people and which have generated more than CHF 15,000 in ticket sales in one instance and less in another. It’s also facilitating matters immensely for the venues that organise cabarets and concerts. Until now, you had to adhere to CT Ka for comedy, dance, acrobatics etc., and CT Kb for concerts.

Why are sponsoring monies or subsidies suddenly taken into consideration as income in the case of small concerts?
The basic idea of copyright is that authors participate in the collections which have been generated from the exploitation of their works. In the event business, the main income source are usually the ticket sales. If an event organiser’s plans for their budget only caters for the music costs such as payment for musicians to be covered by way of third party means, such third party means (sponsoring, subsidies etc.) must be taken into consideration as an income. This rule has already been established in concert tariffs as early as 20 years ago. It applies for all major concerts, comedy and theatre performances and used to apply to small concerts up until 2008. Due to the combination of the two tariffs CT Ka and CT Kb, it now applies to small concerts again since the beginning of this year.

Many non-commercial clubs and stages create annual budgets, where they make a hybrid calculation. They receive subsidies from their municipalities or cantons, but finance themselves from ticket income and turnover generated by the gastronomy on top of that. As long as they assume in their annual budgets that their ticket sales cover the artists’ performance salaries, the new tariff entails no changes for them. For long-term customers it therefore suffices to glance over their old invoices (up until 2008) to see whether a change has taken place. During the tariff negotiations, we undertook thorough calculations and research together with the associations whose results are now confirmed when implementing the tariff: for the vast majority of the event organisers of the non-commercial sector and especially clubs and stages, nothing will change.

The changes do, however, affect event organisers of corporate events or events that are free of charge, but also categories which can only pay artists’ salaries and other costs related to music by means of subsidies or sponsors’ subsidies.

What are non-musical performances at major concerts and what do they entail?
Both the old Common Tariff Ka (item 25 CT Ka) as well as the new Common Tariff K (item 14.1 CT K) include the term “non-musical performances”. We found out in everyday application of the tariff, that it wasn’t always clear to event organisers what is meant by this term. In order to answer these questions in the tariff, we have clarified this term in the new tariff text: it includes sophisticated choreographies, elaborate costumes and costume changes, video installations or light shows which go beyond the ‘must-have’. By doing so, we want to – as is required by copyright law – take performance-related activities into consideration which are not music but are still protected by copyright.

In practice, this means that the entire concept is taken into consideration for concerts of artists such as Beyoncé or bands like Archive, and the event organiser has to pay a lower licensing rate for the copyright in musical works. It also means that even in big stadiums, concerts sometimes will take place without elaborate artistic production and the event organiser will pay the usual basic licensing rate. That does not only apply to big classical concerts but can also be the case for concerts of certain singer songwriters, like Bruce Springsteen or Neil Diamond.

Why were the new provisions of the concert tariff made known so shortly before its introduction?
In June 2016, SUISA had announced that a new tariff had been negotiated with the relevant user associations such as SMPA, petzi, KTV, ATP etc. and that an agreement had been made. The result of the negotiations was submitted to the Federal Arbitration Commission for copyright and neighbouring rights (ESchK) for approval. The EschK approved the new Common Tariff K on 20 December 2016 and the tariff could thus come into force on 01 January 2017. The relevant tariff documents could not be officially published prior the approval had been given by the ESchK. SUISA had no influence on the date of the approval.

Further information:
«Concerts, comedy shows, shows, ballets, etc.» on www.suisa.ch

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The new Joint Tariff K applies to events which have taken place since 01 January 2017. An overview of the changes to the concert tariff in force and some answers to frequently asked questions which have arisen based on the experience gathered with the new provisions in the first few months. Text by Chantal Bolzern

“Hands-on” – the new Common Tariff K

Since January 2017, a new concert tariff has been in force in Switzerland and in Liechtenstein. The picture shows SUISA member Seven (in the middle) on stage at the Tonart Festival in Altdorf, where he performed with a trio in March 2017. More information on Seven is available in the brochure “Where the music is new”, 2017 edition. (Photo: Tabea Hüberli)

What’s new?

There is now one instead of two tariffs. That way, all information that is relevant to customers,...read more

Tariff negotiations 2016 – an overview

While companies in other sectors are at their busiest during the Christmas period, SUISA “sales” hit their peak time during spring – this is when tariff negotiations must be brought to a conclusion and the approval for the tariffs to be valid from 1st January of the following year must be obtained from the Federal Arbitration Commission for the Administration of Copyright and Neighbouring Rights. Text by Anke Link

The Tonhalle Orchestra Zurich (see picture), www.tonhalle-orchester.ch, is a member of orchester.ch, an association of Swiss professional orchestras with which SUISA has successfully reached a new tariff for copyright licence fees for performances by concert consortiums. (Photo: Priska Ketterer / Tonhalle Orchestra Zurich)

SUISA and many of its negotiation partners have agreed upon adding a new clause to the tariffs in the last few years, allowing an automatic extension of the relevant tariff in cases where none of the parties desire a new round of negotiations. This has now shown its benefits: None of the relevant tariffs has been terminated so that it has not been necessary to hold negotiations for these tariffs.

This has opened up additional capacity for the negotiation of new tariffs that come to an end in 2016. At the same time, SUISA has also been able to participate intensively in the negotiation process for tariffs managed by its sister organisations Suissimage and ProLitteris.

As early as in autumn 2015, SUISA had agreed a new Tariff D with orchester.ch, the association of Swiss professional orchestras, which will come into force from 01 July 2016. The tariff has been edited in terms of the wording, but the remuneration and the tariff system remain unchanged. The same applies for Common Tariff HV (hotel TV) and Common Tariff 4 (blank media levy) where an approval of the associations for the new version of the tariffs from 01 January 2017 could be swiftly reached.

Agreement on a new concert tariff from 2017

The negotiation of the new Common Tariff K (CT K) for concerts, concert-like performances, shows, ballet and theatre required more time to settle. Negotiations for this tariff had already begun in December 2013. The preceding tariffs CT Ka and CT Kb had been extended twice, in order to provide enough time for the negotiation of the new tariff.

This turned out to be a good investment as the time was used so that SUISA and its negotiation partners could agree upon a new tariff CT K which will enter into force from 01 January 2017. The new CT K will apply to all concerts and performances which have previously been covered by CT Ka and CT Kb. Individual performance categories have been formulated more clearly in the new tariff.

The tariff structure has also been changed compared to the previous tariffs. A basic criterion – the fact that organisers pay a licence fee based on a percentage of their income – still remains the same. Depending on the type and size of the event, different percentages apply. The different percentage rates take it better into account that there may be additional artistic performances during concerts which influence the character of the performance.

If such additional performances take place they have a diminishing effect on the percentage. In return, the previous discounts were deleted. Only those organisers who are members of an association for organisers may be subject to rebates if the respective association collaborates with SUISA. Overall, the new CT K provides for a fair remuneration and also contributes to an increased legal certainty for all partners.

The importance of the legal certainty can be illustrated by the seemingly never-ending process which preceded the first legally binding and valid Common Tariff 4e (Levy for private copying via smartphones). Rights holders had to wait more than five years until the remuneration due to them could finally be collected. SUISA is trying, wherever possible, to avoid such situations.

Number of tariffs reduced

Negotiations for the new Common Tariff 4i (Levy for integrated digital storage media in devices) which is going to combine the previous common tariffs 4d (MP3 player and hard disc recorders), 4e (mobile phones) and 4f (tablets). Instead of three tariffs, there will only be one, the CT 4i. This is another step towards a reduction of the number of tariffs requested by the public and the politicians.

During the negotiations for the new CT 4i, SUISA and its negotiation partners agreed on a lowering of the tariff rates per GB for smart phones and tablets and a lowering of the tariff rates per GB for hard disc recorders with a storage space of more than 2 TB. That way, the established increased storage capacity of these devices in the market has been taken into consideration.

Unfortunately, SUISA could not reach an agreement for Common Tariff 3a (background music and making available of broadcasts). This tariff procedure is unfortunately in dispute and may – see above – drag on over a longer period of time.

SUISA cooperates with others for further tariff negotiations

Apart from these “main negotiations”, SUISA also supported its sister society ProLitteris with the negotiations on a new Common Tariff 7 (“School tariff”) and other new common tariffs 8  and 9 (levy on photocopying and remuneration for digital networks). All three tariff negotiations could be concluded with agreements whereby a slight increase could be reached for CT 8 and 9.

SUISA also supported the negotiations led by Suissimage for Common Tariff 1 (cable re-transmission) and Common Tariff 12 (virtual video recorders and catch-up TV). An increase could be reached with the negotiation partners for both tariffs.

The broadcasters, however, on the side of the rights holders, have not supported this agreement for the CT 12. They deem the option provided by catch-up TV to skip the ads to be a threat to their business models and therefore wish to directly represent their own interests in the impending tariff approval procedure with the Federal Arbitration Commission.

Even though it has not been possible to reach mutually agreed deals in all negotiations, SUISA and its sister societies did manage to reach agreements in the majority of cases and therefore continue to safeguard the interests of all of its members.

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While companies in other sectors are at their busiest during the Christmas period, SUISA “sales” hit their peak time during spring – this is when tariff negotiations must be brought to a conclusion and the approval for the tariffs to be valid from 1st January of the following year must be obtained from the Federal Arbitration Commission for the Administration of Copyright and Neighbouring Rights. Text by Anke Link

The Tonhalle Orchestra Zurich (see picture), www.tonhalle-orchester.ch, is a member of orchester.ch, an association of Swiss professional orchestras with which SUISA has successfully reached a new tariff for copyright licence fees for performances by concert consortiums. (Photo: Priska Ketterer / Tonhalle Orchestra Zurich)

SUISA and many of its negotiation partners have agreed upon adding a new clause to the tariffs in the last few...read more

New Concert Tariff 2017

After some intensive negotiations, SUISA and the association of concert organisers have agreed on a new concert tariff. The new Common Tariff K shall replace the tariffs CT Ka and CT Kb still valid until the end of 2016, and enter into force on 01 January 2017. Text by Chantal Bolzern and Manu Leuenberger

Stefan Buck during a sold out gig (Photo: Tabea Hüberli)

According to the SMPA index, Swiss music on Swiss concert stages has been on the upswing (pictured: Stefan Buck during a sold out gig by the band Band Hecht on 24 March 2016 in the Lucerne concert house Schüür). A new concert tariff for the remuneration to composers and lyricists of the performed songs shall be in force with effect from 2017. (Photo: Tabea Hüberli)

For six years now, the applicable Common Tariffs Ka and Kb have already been in place for concerts, shows and theatre performances. The music business and together with it, the concert market, have progressed further in the meantime. It was time for a new concert tariff which takes the current conditions in the live business into consideration. As always, whenever negotiations are on the cards, SUISA intends to simplify the tariff landscape. This means: reducing the number of tariffs and streamlining structures.

Tariff negotiations for the new concert tariff with the SMPA, Petzi, the Swiss Stage Association as well as other significant trade associations had started in February 2014. After intensive discussions, SUISA and the associations of the concert organisers managed to agree on a new concert tariff in April 2016. From now on, there is only one Common Tariff K which shall replace the two old tariffs Ka and Kb, and enter into force with effect from 01 January 2017.

By way of agreeing this new tariff, SUISA has achieved the intended simplification: There is now only one tariff instead of previously two. The advantage for customers is that they can now locate all the answers relating to their concerts, irrespective of the size of the event, in one single tariff. The animated exchange with representatives from the concert sector had another positive aspect i.e. that important customer concerns – such as tiered licence fees depending on the type of event – could be taken on board and have influenced the creation of the new tariff.

Financial importance of the concert market for SUISA members

The agreement is good news, not least because the concert business has a great significance for SUISA members. The concert and festival landscape in Switzerland is in full swing. SUISA licences more than 20,000 concerts and festivals and looks after nearly 10,000 concert organisers and stages. In 2015, the income from tariffs Ka and Kb amounted to CHF 20.3m. These two tariffs thus nearly made up half of SUISA’s total income from performing rights (CHF 46m).

The financial importance of the Swiss concert market can also be illustrated by means of some figures from the SMPA index for 2015. The SMPA index is issued by the Swiss Music Promoters’ Association. According to their own accounts, members of the association for professional Swiss concert, show and festival organisers more than 80% of the tickets sold in Switzerland were for concerts, shows and festivals.

In line with the 2015 index, members of the SMPA sold 3.6m tickets to an audience amounting to 5.2m of about 1,700 events. At an average ticket price of CHF 78.65 they reached a gross turnover of approx. CHF 357.7m which represents an increase of 11.5% compared to the previous year.

It is positively noteworthy that the number of Swiss artists who are hired for the events has, according to the SMPA index, continued to rise. As such, 1,087 Swiss Acts as well as 1,687 foreign artists participated in SMPA events in 2015. Since 2011, the number of Swiss artists hired for these events has doubled, as per the information provided by the association in a media bulletin dated 21 April 2016.

The new concert tariff CT K

Irrespective of whether Swiss or international artists perform: The new concert tariff CT K shall apply for all events which take place in Switzerland or the Principality of Liechtenstein. Even if the two old tariffs (Ka and Kb) have been contracted to one new tariff, a lot is still the same.

As previously, SUISA will continue to request set lists in future, so that the income can be distributed correctly to the composers and lyricists of the pieces used in the performance. In 2015, SUISA processed 360,000 works arising from the set lists of such events. Based on the set lists, the income from tariffs Ka/Kb could be distributed, resp. paid out to the rightsholders of these works.

The difference between major events and small concerts

In the new concert tariff, the 10% discount continues to apply for all customers if they are members of an association (such as SMPA or Petzi), which support SUISA in its work as mentioned in the tariff wording. As before, major events are distinguished from small concerts. In a nutshell: For small concerts, the volume discount continues to be applicable, but there are no tiered licence fees. For major events, new, tiered licence fee rates have been introduced, but the volume discount has been discontinued.

In practice, this means: Organisers of small concerts are granted up to 20% volume discounts in addition to the association membership discount if they regularly organise concerts. In the case of major events, however, newly tiered licence fee rates for different event types such as concerts, open air festivals, shows, theatre performances etc. shall be applicable. Depending on the type of major event, the base licence rate varies between 3% and 10% of the gross income generated by ticket sales.

With this innovation of the tiered licence fee rates, the diverse significance of music in major events is taken into consideration. The negotiating parties agreed that an open air might essentially depend on the programme and the performing artists, but that the choice of the grounds and additional offers also contribute to the atmosphere and success of a festival. In the case of stadium concerts, on the other hand, artists work with screens, choreographies and elaborate light shows which differentiates them from acoustic concerts in a more intimate circle. Finally, the versatile use of music in the cabaret sector or in theatre performances had to be duly taken into consideration.

Approval and validity of the new tariff

The new Common Tariff K is yet to be approved by the arbitration tribunal in charge, the Federal Arbitration Commission (ESchK) so that it can enter into force with effect from 2017. Once it has been approved, the new Tariff CT K shall act as the basis for the remuneration for music in concerts, shows, and theatre performances etc. which are performed after 01 January 2017. Any events performed up to the end of 2016 shall still be licensed based on the existing Common Tariffs Ka and Kb.

All event organisers that have an agreement with SUIA shall receive a letter with further details on the new tariff in order to facilitate their budgeting of the events in the next year. It is also planned to provide further information via SUISA’s publication channels.

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After some intensive negotiations, SUISA and the association of concert organisers have agreed on a new concert tariff. The new Common Tariff K shall replace the tariffs CT Ka and CT Kb still valid until the end of 2016, and enter into force on 01 January 2017. Text by Chantal Bolzern and Manu Leuenberger

Stefan Buck during a sold out gig (Photo: Tabea Hüberli)

According to the SMPA index, Swiss music on Swiss concert stages has been on the upswing (pictured: Stefan Buck during a sold out gig by the band Band Hecht on 24 March 2016 in the Lucerne concert house Schüür). A new concert tariff for the remuneration to composers and lyricists of the performed songs shall be in force with effect from 2017. (Photo: Tabea Hüberli)

For six years now, the applicable Common Tariffs Ka and Kb have already been...read more

How much copyright remuneration does a concert organiser have to pay?

This is a question that many ask: How much is the copyright fee for concerts? The reply is of interest to both customers and members of SUISA: Concert organisers plan copyright remuneration in their favour into the budgets for their events. SUISA members can calculate their income up front once they know the rules of thumb for the concert remuneration. Text by Chantal Bolzern

How much copyright remuneration does a concert organiser have to pay?

Concert event in the Zurich Hallenstadion: With a capacity from 1,000 people upwards or ticket sales of more than CHF 15,000 gross, the tariff for major concerts applies. (Photo: Marcel Grubenmann)

How much a concert organiser has to pay in terms of copyright remuneration depends on different factors: The size of the concert, number of concerts held per year, association membership, potential rebates etc. An exact amount cannot be predicted in detail without any individual information being provided first. There are, however, some rules of thumb depending on the size of the event.

Small concerts

A concert event is considered to be a small concert and is licensed on the basis of the Common Tariff Kb (CT Kb) as long as the capacity of the club or the area is no more than 999 people and no more than CHF 15,000 ticket sales gross.

For such small concerts, the organiser should budget 9.5% of the ticket sales as the maximum for the copyright remuneration to be invoiced by SUISA. The percentage goes down to 3.5% if more than half of the music played during the concert stems from composers who have been dead for more than 70 years or are not affiliated with any collective management organisation.

The organiser may also benefit from a volume discount if it has entered into an agreement with SUISA. The volume discount can range from 5% to 20% if the event organiser has carried out more than 10 concerts in the previous year. Furthermore, it receives an additional rebate of 10% if it belongs to an association of concert organisers such as SMPA or PETZI.

All in all, an organiser may thus get up to 30% discount if it fulfils all of the contractual provisions. This means specifically that the licence rate for small concerts can be reduced from 9.5% to 6.65%. Finally, a concert organiser has the right to be subject to a 2% cash discount if it has paid the last SUISA invoice within 10 days.

Small concert – simplified calculation example

Concert in a club – 400 people capacity – 350 sold tickets @ CHF 23.00.

Ticket income 350 x CHF 23.00 CHF 8,050.00
Licence base 6.65%, maximum discount (30%) CHF 535.30
– 2% discount (of CHF 535.30) CHF 10.70
= Copyright remuneration CHF 524.60

Major concerts

If organisers carry out a major concert, the licence fee will be calculated based on Common Tariff Ka (CT Ka). Major concerts are considered to be concerts in venues or on areas with a minimum capacity of 1,000 people or for which the organiser has achieved ticket sales of more than CHF 15,000 gross.

In such cases, the organiser should budget a maximum of 10% of the gross income from ticket sales for the copyright remuneration to be invoiced by SUISA. The organiser of a major concert can – as long as it provides all relevant receipts – claim certain deductions from the gross income; for example, any train tickets included in the ticket price, access to the camping grounds and similar expenditure. It can also deduct a lump sum of 10% for pre-sales office costs.

The major concert organiser may also benefit from various rebates as long as it has entered into an agreement with SUISA and sticks to the conditions. It shall receive a volume discount between 5% and 10% if it had organised more than 10 concerts in the previous year. Depending on the capacity of the event venue, the rebate may range from 5% to 15%. Just like with small concerts, there is also a 10% association rebate for major concerts.

As a consequence, organisers of major concerts can benefit of a discount of up to 35% which means that the licence rate can go down from 10% to 6.5%. The 2% discount is also applicable to major concerts if the organiser has paid the last SUISA invoice within 10 days.

Major concert – simplified calculation example

Open Air concert – 11,000 people capacity – 9,985 sold tickets @ CHF 110.00.

Ticket income 9,985 x CHF 110.00 CHF 1,098,350.00
– 10% cost external pre-sales office (CT Ka item 29) CHF 109,835.00
– cost for the public transport in the ticket (CT Ka item 11) CHF 29,995.00
= subtotal CHF 958,520.00
Licence basis 6.5%, maximum discount (35%) CHF 62,303.80
– 2% discount (of CHF 62,303.80) CHF 1,246.10
= Copyright remuneration CHF 61,057.70

Additional remuneration for interval music

The following shall apply to small concerts and major concerts alike: Should music recordings be played during the concerts e.g. as interval music, the organiser will have to pay a remuneration for neighbouring rights. Information on this is available within tariffs CT Ka and CT Kb as well as on Swissperform’s website.

Additional information: tariffs, fact sheets, forms etc.

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  1. Comment cela se passe-t-il si l’on joue mes compositions, que je dirige?
    Merci pour votre réponse.
    Monique Buunk (Nom d’auteur: Monique Droz)

    • Manu Leuenberger says:

      Chère Madame,

      Merci pour votre commentaire. Lorsque des oeuvres sont exécutées en public, des droits d’auteur sont dus, quelque soit l’interprète ou la personne dirigeant l’exécution. C’est l’organisateur d’un concert qui est en charge des droits d’auteur. Il peut arriver que l’auteur soit organisateur de son propre concert. Dans ce cas, des règles particulières s’appliquent. Pour plus d’informations, nous vous invitons à contacter directement notre service clientèle.

      Meilleures salutations
      Manu Leuenberger, SUISA Communication

  2. Frédéric says:

    Vous n’avez rien indiqué pour le cas où le concert porte uniquement sur de la musique non protégée (typiquement musique classique); dans un tel cas, la redevance est logiquement nulle ?

    • Manu Leuenberger says:

      Bonjour Frédéric,
      Merci beaucoup pour le commentaire.
      SUISA n’établit des factures que pour la musique pour laquelle elle représente les droits. Si par exemple, dans un cas donné, tous les compositeurs et arrangeurs sont décédés depuis plus de 70 ans, SUISA n’enverra pas de facture.
      Le genre de musique ne dit rien sur la question de savoir si la musique est encore protégée ou non. Dans la musique classique, de nombreuses œuvres arrangées sont jouées, et l’arrangeur en question est peut-être encore vivant. Dans ces conditions, l’organisateur doit après chaque concert envoyer à SUISA la liste des œuvres exécutées avec des indications sur les compositeurs et les arrangeurs (si certaines œuvres jouées n’étaient pas des œuvres originales). SUISA examine si elle représente les droits ou non.
      Les détails concernant les tarifs peuvent être trouvés dans les textes des tarifs ou demandés à la Division Clients de SUISA.
      Manu Leuenberger, Communication SUISA

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This is a question that many ask: How much is the copyright fee for concerts? The reply is of interest to both customers and members of SUISA: Concert organisers plan copyright remuneration in their favour into the budgets for their events. SUISA members can calculate their income up front once they know the rules of thumb for the concert remuneration. Text by Chantal Bolzern

How much copyright remuneration does a concert organiser have to pay?

Concert event in the Zurich Hallenstadion: With a capacity from 1,000 people upwards or ticket sales of more than CHF 15,000 gross, the tariff for major concerts applies. (Photo: Marcel Grubenmann)

How much a concert organiser has to pay in terms of copyright remuneration depends on different factors: The size of the concert, number of concerts held per year, association membership, potential rebates etc. An exact amount cannot be...read more