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The Artist’s Agreement compared with the Publishing Agreement

The economic producer (a label, for example) finances the production of sound recordings containing performances by p artists with the intent to subsequently promote and exploit the recordings commercially. The artist’s agreement regulates the resulting rights between the performer and the producer. The artist’s agreement is often confused with the publishing agreement. An overview of the differences between the two contracts. Text by Céline Troillet

The Artist’s Agreement compared with the Publishing Agreement

The artist’s agreement regulates the performer’s rights to their performance; the publishing agreement on the other hand regulates the exclusive rights of the composer and the lyricist in their work. (Photo: Tabea Hüberli)

An artist’s agreement between a performer and an economic producer (a label, for example) can be defined as the transfer by the performer of their performance rights to the producer for the purpose of producing and marketing a sound recording.

Transfer of the artist’s rights

The neighbouring rights transferred by the performer (performance rights) to the producer are the performer’s exclusive rights in their performance. These include the exclusive right:

  • to fix their performance on blank media and to reproduce such fixations (mechanical rights);
  • to offer, transfer or otherwise distribute copies of their performance; (right to market or distribution right);
  • to make their performance perceptible in some place other than that in which it was performed, either directly or through any kind of medium, in such a way that persons may access it from a place and at a time individually chosen by them (the right of recitation, presentation and performance, and the right to make available);
  • to broadcast their performance by radio, television or similar method, including by wire, as well as to retransmit the broadcast performance by means of technical equipment, the provider of which is not the original broadcasting organization, and to make their performance perceptible when they are broadcast, retransmitted or made available to the public (broadcasting right).

Obligations of the producer

The producer’s function is to produce, at their own expense, a recording containing the artist’s performance, and to promote and exploit the recording. The producer is responsible for promoting the recording in accordance with industry practice.

Royalties

In consideration of the transfer of the performer’s rights, the producer is required to pay a fee for each recording sold. The fee is calculated on the wholesale price of every sound recording sold, at varying rates depending on the type of sale. For recordings sold in retail outlets (physical distribution), the rate is generally 8%, but it may go up to 12%. For online sales (internet and other), rates are usually between 15% and 30%. For other uses (e.g. for advertising or use in a film), the fee due to the performer is generally 50% of the amount received by the producer of the sound recording.

Comparison with the publishing agreement

A publishing agreement between an author and a publisher can be defined as the transfer by the author (composer, lyricist, arranger) to the publisher of the rights in the author’s work with a view to its publishing.

Transfer of the author’s rights

The author’s rights transferred to the publisher are the author’s exclusive rights in their work (i.e. in the composition and lyrics). These rights include:

  • the right to produce copies of the work, particularly in printed form, or as sound recordings, audiovisual recordings or on other media carriers (mechanical rights);
  • the right to offer to the public, to sell or otherwise distribute copies of the work (right to market or distribution right);
  • the right to recite, present or perform the work, or enable it to be viewed or heard in a place other than that where the work was presented, and to make it available (the right of recitation, presentation and performance, and the right to make available);
  • the right to broadcast the work via radio or television (broadcasting right).

Other rights may also be transferred by the author, i.e. remuneration claims managed by collecting societies (uses for teaching purposes, for example), graphic rights (the right to publish sheet music and/or lyrics and to distribute such copies of the work), arrangement rights (remixes, arrangement of a work), synchronisation rights (the right to combine the work with works of other genres, in particular with films or video games), or the advertising right (the right to use the work for advertising purposes).

For your information
Publishing agreement: “Publishing agreements: What do I need to consider?” (SUISAblog)
For more about music and films: SUISAinfo 2.09 (PDF, in German)
For more about arrangements: “Arranging works protected by copyright”, “Setting to music” as well as “Sampling and Remixes” (SUISAblog)

Obligations of the publisher

The function of the publisher is to publish, reproduce, and distribute the author’s work, to mediatise it, combine it with other works (in an arrangement, film or commercial), present it to the public (interviews, galas, show-casings), and to conclude contracts with sub-publishers for the publication of the work in other countries.

Royalties

The remuneration for the exclusive rights and for the compensation claims managed by collecting societies are split between the author and the publisher following the distribution key of the competent collecting society, or by mutual agreement. According to SUISA’s Distribution Rules, the publisher’s share of performance and broadcasting rights may not exceed 33.33%. There is no cap on the publisher’s share of the mechanical rights. The remuneration from the management of the other rights is shared between the parties as provided in the publishing contract. As a rule, the remuneration is split on an equal 50: 50 basis. For sheet music, the author is entitled to between 10% and 15% of the retail price.

In a nutshell

The artist’s agreement is different to the publisher’s agreement. The artist’s agreement applies to a performer while the publishing agreement concerns the author (composer, lyricist, arranger). In the artist’s agreement, the performer transfers their neighbouring rights (performance rights) in their performance whereas in the publishing agreement, the author transfers the copyrights in their work. Lastly, the producer and the publisher do not have the same function in respect of their respective co-contractor, and the remuneration deriving from the artist’s agreement and the publishing agreement is specific to each. For example, if a film producer wishes to use a piece of music in their new film, they must obtain the recording rights from the label (which obtained them from the performer under the artist’s agreements) and the copyrights in the work (composition and lyrics) from the publisher (who obtained them from the author under the publishing agreement).

For your information
Specimens of publishing and sub-publishing agreements are available on SUISA’s website. The main points of these agreements are presented in a commented version. www.suisa.ch/en/members/publishers/publishing-agreement.html
SUISA manages authors’ rights for authors and publishers. Swissperform manages the neighbouring rights of performers and producers in their recordings.
“Why SUISA members should also consider joining SWISSPERFORM” (SUISAblog)
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The economic producer (a label, for example) finances the production of sound recordings containing performances by p artists with the intent to subsequently promote and exploit the recordings commercially. The artist’s agreement regulates the resulting rights between the performer and the producer. The artist’s agreement is often confused with the publishing agreement. An overview of the differences between the two contracts. Text by Céline Troillet

The Artist’s Agreement compared with the Publishing Agreement

The artist’s agreement regulates the performer’s rights to their performance; the publishing agreement on the other hand regulates the exclusive rights of the composer and the lyricist in their work. (Photo: Tabea Hüberli)

An artist’s agreement between a performer and an economic producer (a label, for example) can be defined as the transfer by the performer of their performance rights to the producer for the purpose of producing...read more

How do you write a streaming success?

Tips and reflections on modern song structures by successful songwriters as well as other music industry representatives at the SUISA panel “How streaming is changing songwriting” in the course of the M4music festival on Saturday, 21 March 2020, at Moods. Text by Erika Weibel

M4music 2019 SUISA Panel Hit the World

KT Gorique, Laurell Barker and Shelly Peiken (f.l.t.r.) talking about songwriting at the SUISA panel “Hit the world / this is how international hit composers work” at the 2019 M4music festival. (Photo: Ennio Leanza / M4music)

Even the most creative songwriters go unnoticed if they are not able to get their music heard. In a highly competitive and oversaturated sector, songwriters need attract attention. They must stand out from countless other professional authors. Especially in the pop/urban genre, you must win over an audience whose listening behaviour is strongly influenced by music consumption via streaming services.

On the occasion of the SUISA panel at the 2020 M4music festival, successful songwriters are going to discuss with people from the music business what a song needs to sound like in order to satisfy the taste of the increasing streaming audience or to even win it over.

The SUISA panel “How streaming is changing songwriting” takes place on:
Saturday, 21 March 2020, between 1.45pm and 3.00pm in the Moods, Schiffbau in Zurich.

The big challenges of the new era

Spotify founder, Daniel Ek, said in April 2019 that nearly 40,000 tracks per day were uploaded to the Spotify platform. A projection of these figures would result in 280,000 songs per week, 1.2 million tracks per month and a whopping 14.6 million per year. To stand out from the masses is a huge challenge.

A potential springboard for songwriters could be to be included in a curated playlist. Songs in a curated playlist are grouped in order to appeal to a specific audience – this means more listeners, more “shares” and more income for the rights holders. It also entails a better chance that a song stands out to a “music supervisor”, i.e. People who look in those playlists for songs to be used in current TV and film productions. It is, however, only a small part of the published songs that manage to make it to the playlist.

Another new challenge brought about by streaming is also that music creators only get their royalties if their song has been streamed for 30 seconds. The listeners must, after all, not ‘bail out’ from listening too early, otherwise there’s no money. On top of that, the rule for radio or TV is: the longer the song the higher the income. In the case of streaming this is different: You get paid per stream.

How much do these new game rules affect composers? Will there only be short songs without intros that build them up and instead, catchy hook lines from the first beat? What role do song lyrics play today? How does a song need to sound in order to be included in a playlist?

Come to the SUISA panel and join our discussion!

SUISA- Panels at the 2020 M4music festival
“How streaming is changing songwriting”
Saturday, 21 March 2020, from 1.45pm to 3.00pm
in the Moods, Schiffbau in Zurich

Speaker:

  • Janine Cathrein, Singer Songwriter, Zurich
    Singer songwriter Janine Cathrein is a part of Black Sea Dahu. After publication of their successful debut album “white creators”, the band has been touring without interruption, they performed at 120 concerts in 2019 alone.
  • Julie Born, Managing Director Sony Music Entertainment Switzerland GmbH, Zurich
    Julie Born has been active in the Swiss music business for more than 30 years. In her position as Managing Director of Sony Music Switzerland, she and her team are responsible for establishing and building up artists in a variety of music fields.
  • Henrik Amschler, Producer Songwriter, Zurich
    Born in Zurich in 1989, he is known as HSA. He is a well-known Urban/Pop music producer and songwriter. He has contributed to various gold and platin productions and won prestigious awards (such as the Swiss Music Award as a songwriter) He produces Loco Escrito and Mimiks, among others.
  • Loris Cimino, producer and songwriter, Reinach AG
    The 22-year-old producer can already count more than 2.5 million streams in 2019, and that just on Spotify. He produces music of renowned artists and enjoys international success as a DJ with official remixes for artists such as David Guetta and Meghan Trainor. He is also co-writer of the official trailer for the current “America’s got talent” show.

Moderator: Nina Havel

www.m4music.ch

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Tips and reflections on modern song structures by successful songwriters as well as other music industry representatives at the SUISA panel “How streaming is changing songwriting” in the course of the M4music festival on Saturday, 21 March 2020, at Moods. Text by Erika Weibel

M4music 2019 SUISA Panel Hit the World

KT Gorique, Laurell Barker and Shelly Peiken (f.l.t.r.) talking about songwriting at the SUISA panel “Hit the world / this is how international hit composers work” at the 2019 M4music festival. (Photo: Ennio Leanza / M4music)

Even the most creative songwriters go unnoticed if they are not able to get their music heard. In a highly competitive and oversaturated sector, songwriters need attract attention. They must stand out from countless other professional authors. Especially in the pop/urban genre, you must win over an audience whose listening behaviour is strongly...read more

Why SUISA members should also consider joining SWISSPERFORM

Composers and lyricists who are SUISA members and are also active as artists and/or producers and whose performances are broadcast by Swiss or foreign radio and TV channels are entitled to receive a remuneration from SWISSPERFORM. For all those authors-composers-artists/producers, a membership with SWISSPERFORM is thus a necessary addition to their SUISA affiliation in order to safeguard their rights and the full remuneration they are entitled to. Text by David Johnson, SWISSPERFORM/SIG antenne romande, guest author

Why SUISA members should also consider joining SWISSPERFORM

It is recommended that SUISA authors such as Seven (pictured), who are also artists and whose performances are broadcast on radio and TV become SWISSPERFORM members. (Photo: Tabea Hüberli)

Are you a musician and do you contribute to recordings which are used commercially or in music videos? Do you perform your own musical compositions or those of other composers on the radio or on TV? Are you a performing producer in the case of recordings? Do you perform music which is used in films, commercials or as main themes of broadcasts?

In that case, you do hold neighbouring rights and are entitled to receive a remuneration for the transmission of your performances. In order to receive such remuneration, you must be a member of SWISSPERFORM.

Neighbouring rights

The reason neighbouring rights carry their name is that they are in close ‘vicinity’ to copyright. Neighbouring rights do not protect the work itself but the performance of the work.

Artists, whether they are musicians, singers or conductors can at the same time be composers, lyricists and/or arrangers of a work that they perform. The performance of their works is therefore protected independently of the work that they perform.

In cases where artists finance their own recordings, they are also economic producers and therefore hold two different types of neighbouring rights, whose owners are remunerated by SWISSPERFORM in separate distributions for the relevant usages and which require artists to enter into a second membership type (producer). The term of protection in a recorded performance is 50 years. For the calculation of the expiry of the term of protection, the date of the first publication is authoritative, provided that the recording has been published for the first time within 50 years. Should this not be the case, the recording date is authoritative as a calculation basis for the expiry of the term of protection.

SWISSPERFORM

Switzerland is the only country in the world that has a collective management organisation which unites all rightsholders in the neighbouring rights realm under one roof: apart from artists and producers from the music and film sectors, broadcasters are also rightsholders within SWISSPERFORM. Members can pursue various activities and therefore belong to several rightsholder categories, for example musicians whose recordings were produced by themselves, played by their band and broadcast on the radio.

SWISSPERFORM’s activities are similar to those of SUISA. Musicians and producers assign their rights to the society for management purposes. SWISSPERFORM then collects the licence fees from the users based on the statutory tariffs and pays them to the entitled parties on the basis of its distribution rules which have been ratified by the Swiss Federal Institute of Intellectual Property (supervisory authority).

SWISSPERFORM collaborates with SUISA when it comes to the collection of the licence fees. They are usually invoiced on the basis of the Common Tariffs which are set for each type of usage if exploitations affect the areas of activity of more than one collective management organisation and simultaneously affect copyright and neighbouring rights.

On behalf of SWISSPERFORM, SUISA collects, among other income streams, remuneration from private radio and TV stations as well as the levy on blank media and storage media integrated into hardware.

Ten percent of the entire tariff collections of SWISSPERFORM are allocated for the support of various autonomous legal entities with socio-cultural character. One part of these subsidies is used to co-finance the Swiss Artists’ Foundation, SIS, which supports professional musicians by providing them with means for concerts and tours in Switzerland and abroad.

Distribution of radio and TV usages

In the case of artists in the phono (audio) category, i.e. musicians, singers, conductors etc., whose performances were broadcast on the radio and on TV, a distinction is made between several distribution models.

SWISSPERFORM directly distributes the licence fees collected for the usage of commercially released sound recordings (sound recordings that are available in the marketplace) and from videoclips used on radio/TV. The income is allocated in proportion to the actual usage of the recordings. Main criteria for the distribution are the duration of the broadcast of a recording as well as the value of the roles of artists who contribute to a broadcast.

The following distributions are made on behalf of the Swiss Artists’ Cooperative Society, SIG, subject to a mandate from SWISSPERFORM. Licensing fees from the following areas are distributed:

  • the direct exploitation of performances and the usage from non-commercially released sound recordings (sound recordings that have not been commercially released or made available). This manual distribution is based on a declaration system and takes into account transmissions of concerts on the radio/TV, own productions of recordings by the radio/TV channels, musical performances in radio plays, commercials, jingles, ident tunes, theme tunes etc.;
  • the usage of music in films: This distribution is based on a declaration system at the same time as on an automatic system (depending on the broadcast on TV) and takes into account the music on sound tracks of films (score music), music from commercial sound recordings on sound tracks of films, music from non-commercial sound recordings (library music) on sound tracks of films, music from TV commercials as well as jingles etc.;
  • the usage of other audiovisual performances. This distribution is based on a declaration system and takes transmissions of concerts and artistic performances in TV shows into consideration, among others.

Please note: If you do not make a declaration to SWISSPERFORM and SIG that you have contributed to sound recordings or the transmission of your artistic performances, in order to receive your remuneration, the amounts that have not been claimed by you will expire after a limitation period of five years and will be re-distributed.

This is how you become a member of SWISSPERFORM

Membership with SWISSPERFORM is free. You can request your membership agreement online:
www.swissperform.ch/en/service/order-an-agreement.html

How do I declare my contribution to commercially available recordings?
www.swissperform.ch/uploads/media/Discography_01.xlsx
www.swissperform.ch/uploads/media/Explanations_on_the_discography_form_02.pdf

How do I declare direct performances, non-commercially released sound recordings, the usage of music in films and other audiovisual usages?
www.interpreten.ch/de/verteilung-ab-2017/info/

Further information:
www.swissperform.ch, SWISSPERFORM website
www.interpreten.ch, Schweizerische Interpretengenossenschaft SIG (Swiss Artists’ Cooperative Society) website

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Composers and lyricists who are SUISA members and are also active as artists and/or producers and whose performances are broadcast by Swiss or foreign radio and TV channels are entitled to receive a remuneration from SWISSPERFORM. For all those authors-composers-artists/producers, a membership with SWISSPERFORM is thus a necessary addition to their SUISA affiliation in order to safeguard their rights and the full remuneration they are entitled to. Text by David Johnson, SWISSPERFORM/SIG antenne romande, guest author

Why SUISA members should also consider joining SWISSPERFORM

It is recommended that SUISA authors such as Seven (pictured), who are also artists and whose performances are broadcast on radio and TV become SWISSPERFORM members. (Photo: Tabea Hüberli)

Are you a musician and do you contribute to recordings which are used commercially or in music videos? Do you perform your own musical compositions or those of...read more

La Tessinoise: Much ado about the Ticino

Over the Easter period, it’s not just the palm trees and nice weather that make the Ticino attractive: Over a three-day period, you can get a good impression of what the Indie-Pop-/Rock scene has on offer in the Ticino. Text by Erika Weibel

La Tessinoise: Much ado about the Ticino

Barbara Lehnhoff (left) and Aris Bassetti (right) are mainly music creators and known for their projects Peter Kernel and Camilla Sparksss. Apart from that, they have their own label, On the Camper Records, and organise the festival La Tessinoise. (Photo: Robert Huber)

Last year, Ticino label On the Camper Records celebrated its tenth anniversary with a festival. For the celebrations, label founders Aris Bassetti und Barbara Lehnhoff invited music professionals from across Europe and organised several concerts in the Lugano area. The festival and the get together of music business and artists proved to be so successful that the organisers decided to continue the event under the name “La Tessinoise”.

As a consequence, many bands will enter the stages at various event venues around Lugano again this year, between 14 and 16 April 2017. While music creation in the Ticino takes the ‘centre stage’ in terms of focus, acts from other Swiss regions and from abroad are also set to perform. One thing that distinguishes this festival is that all bands will play new repertoire. Every evening, the audience will thus be able to listen to the première of new songs.

If you wish to enjoy some Indie music in Switzerland’s ‘sunny parlour’ and also want to meet people from the music business from all across Europe on an informal basis, you will have an excellent opportunity to do so in Lugano.

Further information:
Concert programme, tickets etc.: www.latessinoise.com, festival website
Website of the On the Camper Records label: www.onthecamper.com

SUISA and FONDATION SUISA, SUISA’s foundation for music promotion, support the Festival La Tessinoise. On Saturday, 15 April 2017, at 10:30, SUISA holds a brunch during the festival – access is by invitation only.

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All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

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Over the Easter period, it’s not just the palm trees and nice weather that make the Ticino attractive: Over a three-day period, you can get a good impression of what the Indie-Pop-/Rock scene has on offer in the Ticino. Text by Erika Weibel

La Tessinoise: Much ado about the Ticino

Barbara Lehnhoff (left) and Aris Bassetti (right) are mainly music creators and known for their projects Peter Kernel and Camilla Sparksss. Apart from that, they have their own label, On the Camper Records, and organise the festival La Tessinoise. (Photo: Robert Huber)

Last year, Ticino label On the Camper Records celebrated its tenth anniversary with a festival. For the celebrations, label founders Aris Bassetti und Barbara Lehnhoff invited music professionals from across Europe and organised several concerts in the Lugano area. The festival and the get together of music business...read more

Ein Jahr IndieSuisse: Verbandspräsident Andreas Ryser zieht Bilanz

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