Extraordinary Delegates’ Assembly of SWISSPERFORM 2024
A major reform of SWISSPERFORM's bodies was approved at the Delegates' Assembly on June 19, 2024. The new Articles of Association will come into force on January 1, 2025.
BECAUSE CULTURE IS A VALUABLE ASSET.
SWISSPERFORM ensures that creative artists are adequately remunerated for their works and thus contributes to strengthening culture in Switzerland and the Principality of Liechtenstein.
SWISSPERFORM is the collective management organisation for neighbouring rights (also called related rights) in Switzerland and the Principality of Liechtenstein, supervised by the Swiss government. SWISSPERFORM operates based on an authorisation granted by the Swiss Federal Institute of Intellectual Property (IPI) and on a licence issued by the government of Liechtenstein.
SWISSPERFORM manages secondary usage rights. SWISSPERFORM claims against users on behalf the neighbouring rights’ owners. The rights arise in connection with the secondary usage.
SWISSPERFORM negotiates tariffs with the users and their associations and ensures that the relevant fees are collected and distributed to the right holders.
SWISSPERFORM cooperates with other Swiss collective management organisations.
The Swiss Federal Institute of Intellectual Property (IPI) supervises the activities of the collective management organisations in Switzerland, including SWISSPERFORM. It examines and approves SWISSPERFORM’s annual financial report.
Swiss Federal Institute of Intellectual Property
Stauffacherstrasse 65/59g
3003 Bern
Apart from authors’ works, Swiss copyright law also protects performances by performers (in the audio and audiovisual field), producers of audio and audiovisual recordings and broadcasters. The rights of those right holders’ groups are referred to as related rights or neighbouring rights (NR). Neighbouring rights exist at international level in all countries that have ratified the Rome Convention (RC) or the WIPO Performances and Phonograms Treaty (WPPT).
Holders of neighbouring rights control the primary usage of their performances themselves and claim their financial entitlements directly from the users. Musicians, for example, collect their concert fees directly from the concert organiser. However, as soon as recordings of the concert performance are used (e.g. by broadcasting them on radio or TV), these are considered secondary uses.
In many cases, particularly in case of mass usage of their performance, it is impossible for the individual right holder to keep track of the relevant secondary usage. The legislator therefore determined that in certain cases financial claims must be managed collectively – by a collective management organisation operating based on an authorisation and under government supervision. The collective management organisation dealing with such claims in Switzerland is called SWISSPERFORM.
60. Solothurner Filmtage / PRIX SWISSPERFORM 2025
solothurnerfilmtage.ch