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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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