All questions and answers

By signing the agreement, you assign certain neighbouring rights to SWISSPERFORM and at the same time authorize SWISSPERFORM to exercise these rights on your behalf. This means that you instruct SWISSPERFORM to collect remuneration from the users of your performances and recordings and to distribute this remuneration to you. However, you remain entirely free in your general artistic and organizational decisions, just as before.

The contractual relationship between SWISSPERFORM and you is based on two documents: the «Membership and Rights Administration Agreement» and the «General Terms for the Administration of Rights» (GT):

The «Membership and Rights Administration Agreement» contains individual agreements that can be adapted by you (restrictions on rights and territory).

The «General Terms for the Administration of Rights» (GT) include general provisions that are binding for all members. Future amendments to the General Terms for the administration of rights may be decided by the competent bodies of SWISSPERFORM, whereby the members concerned will be informed in advance of the intended amendments.

SWISSPERFORM recommends that you also sign an agreement with the Swiss Performers’ Cooperative Society (SIG). An additional assignment of your rights and remuneration claims to the performers’ cooperative is in your interest, as it covers areas in which SWISSPERFORM is not active – and vice versa.

SWISSPERFORM and the performers’ cooperative work closely together in many areas, and only by signing both agreements can your rights be comprehensively administered.

The agreement becomes become effective upon signature by the applicant. It replaces all previous agreements between you and SWISSPERFORM (item 14.1 of the General Terms for the Administration of Rights (GT) for producers and item 15.1 of the GT for performers).

As soon as you are registered as subject to VAT with the Swiss Federal Tax Administration, you must inform SWISSPERFORM of your VAT number and the exact name under which you are listed in the VAT register.

You are subject to VAT if:

• your annual turnover exeeeds the threshold for exemption from VAT (currently CHF 100,000), or
• you have waived the exemption from VAT, or
• you have opted to apply VAT, for example, to your cultural services.

In these cases, SWISSPERFORM will calculate the remuneration payable to you plus VAT at the applicable rate.

You are also required to inform SWISSPERFORM immediately of the following:

• any changes to your VAT status (in particular, if you are no longer subject to VAT);
• any changes to the name under which you are registered for VAT purposes;
• the application or cancellation of options to apply VAT to specific revenues.

For further details, please refer to item 10 of the ‘General Terms for the Administration of Rights (GT)’.

As a party entitled to collect – i.e. as the representative of a holder of producer rights – you will find specific provisions in item 10.2 of the GT. Particularly important: any potential addition of VAT depends on the VAT liability status of the represented holder of the producer rights.

For SWISSPERFORM to effectively exercise your rights, it must document information about you and your performances and recordings. SWISSPERFORM maintains a database for this purpose.

The collection of remuneration for your performances and recordings from users is usually not carried out by SWISSPERFORM, but by another collecting society (‘sister society’) (in Switzerland and, where applicable, also abroad). For the sister societies to transfer the share of the remuneration collected that is due to SWISSPERFORM members to SWISSPERFORM for distribution, SWISSPERFORM must provide the relevant data to the sister societies concerned.

Furthermore, in certain areas and for certain right holders, SWISSPERFORM does not pay the remuneration itself, but has delegated this task to a sister organisation or another trustworthy organisation. Consequently, SWISSPERFORM must also pass on your relevant data to these organisations.

Finally, SWISSPERFORM is authorised to make information about your participation in performances and recordings in Switzerland and abroad available on the internet in such a way that certain right holders with a login account have access to it. Of course, this authorisation does not include the publication of the remuneration paid to you.

For more detailed information on data protection, please refer to item 8.3 of the ‘General Terms for the Administration of Rights’ (GT).

In order for SWISSPERFORM to be able to pay remuneration for the use of your performances, it requires all information about your performances and recordings that you have created in the past as a performer and those that you will create in the future (item 8.2 of the General Terms and Conditions of Management (AWB)). Performances generated exclusively by artificial intelligence are not considered to be self-created. You can find out more about deadlines and other registration procedures in our section for artists.

As SWISSPERFORM uses a mixed distribution system for phonogram producers (i.e. usage-based distribution based on playlists and turnover-based distribution), phonogram producers are required to both register their recordings (so-called «claims») and declare their turnover in order to be eligible for remuneration.

Audiovisual producers register their works with Suissimage.

If you fail to provide SWISSPERFORM with a valid delivery address, SWISSPERFORM may suspend your membership (Art. 5a of the Articles of Association). This means that SWISSPERFORM is not obliged to send you statements or other correspondence and is not required to make any efforts to find your valid address (item 8.1 of the General Terms for the Administration of Rights (GT)).

If SWISSPERFORM does not have a valid address for a period of five years, your membership and thus also your contractual relationship will be automatically terminated at the end of the following year. SWISSPERFORM will retain any remuneration accrued up to that point that you would still be entitled to for a further five years. If no valid address is provided within that period either, the retained funds will be forfeited in favour of SWISSPERFORM’s other right holders (item 13.2 of the GT for producers and item 15.2 of the GT for performers).

In order to effectively manage your rights and send you statements, SWISSPERFORM must always have your current contact details. We therefore ask you to inform us immediately of any changes to your address, phone number, e-mail address, payment address, VAT number, etc. Any correspondence sent by SWISSPERFORM to the most recently provided (postal or electronic) address is considered to have been validly delivered (item 8.1 of the ‘General Terms for the Administration of Rights (GT)).

SWISSPERFORM primarily uses electronic means (e-mail or online services) to communicate with you. A web portal is available to members. Members for whom SWISSPERFORM does not have an e-mail address, or who do not use the portal, will be contacted by post upon request SWISSPERFORM may charge a fee to cover the costs incurred in such cases. For more information, please refer to item 7 of the General Terms for the Administration of Rights (GT).

The agreement covers all performances and recordings that you have created in the past as a performer and/or producer, as well those you will create in the future (item 2 of the ‘General Terms for the Administration of Rights (GT)). Performances or recordings generated exclusively by artificial intelligence are not considered to be created by you and therefore cannot be registered. Performances or recordings generated exclusively by artificial intelligence are not considered to be created by you and therefore cannot be registered. Such ‘à la carte’ rights management would result in a disproportionate administrative burden for SWISSPERFORM.

Your selection in item 6 of the agreement (applies only to the agreement for performers) regarding the territory is not final. You may change this declaration later, even after signing the agreement. Any such change must be submitted to SWISSPERFORM in writing by the end of June, and will take effect at the beginning of the following year.

There is one exception to this deadline and effective date: If you wish to change your territorial selection because you intend to assign specific rights or remuneration claims for certain countries to a producer or broadcaster, you may notify us of this change in writing at any time, and it will take effect immediately.

In item 6 of the agreement for performers and item 5 of the agreement for producers, you can choose between two options: Either SWISSPERFORM acts on your behalf worldwide, or you limit the territorial scope.

Important: You must select one of the two options. If you choose the territorial restriction, you must also select one of the following three options:

• ‘Worldwide minus’ option: You can list specific countries. The transfer of rights applies worldwide except for the countries listed.
• ‘Regional plus’ option: You can list specific countries. The transfer of rights applies to Switzerland, the Principality of Liechtenstein, plus the countries listed.
• ‘Regional’ option: The transfer of rights is limited to Switzerland and the Principality of Liechtenstein.

As a result, you will not receive remuneration from those countries via SWISSPERFORM and must handle the collection of such remuneration yourself.

SWISSPERFORM recommends that you do not restrict the territory of the assignment of rights.

If your information on the territory is unclear or contradictory (e.g. if you select none or multiple options), SWISSPERFORM will assume that you do not wish to restrict the territory of the assignment of rights.

In item 5 of the agreement (applicable only to the agreement for performers), you can choose between two options: Either you assign all the rights and remuneration claims listed in item 4 of the agreement to SWISSPERFORM, or you limit this list.

By choosing the second option, you assign only those rights and remuneration claims to SWISSPERFORM that must be managed by a collecting society. Put differently: if you choose to limit the assignment, you exclude those rights from the list that do not require mandatory collective management and that you may enforce independently. As previously explained, this particularly concerns the rights related to the following uses:

• Making performances available on demand (online or on-demand rights, except for audiovisual works, which are subject to mandatory collective management);
• Recording the performance on audio, audiovisual or data carriers and reproducing such recordings

Important: You must select one of the two options in item 5. If you choose to restrict the transfer of rights, SWISSPERFORM will not be able to pay you any remuneration for the excluded uses. In other words, you will need to ensure that users pay you directly for those uses.

SWISSPERFORM recommends not limiting the scope of the rights assignment.

If your selection in item 5 is unclear or contradictory (e.g. if you select neither or both options), SWISSPERFORM will assume that you do not wish to limit the rights assignment.

Your selected option – whether or not you made a restriction under item 5 of the agreement (applies only to the agreement for performers) regarding the scope of the rights assignment – is not final. You may change this declaration subsequently, i.e., even after signing the agreement. This change must be communicated to SWISSPERFORM by the end of June, and will then take effect at the beginning of the following year.

If you did not choose a restriction of the rights assignment and later wish to assign rights – which do not necessarily have to be administered by a collective management organization – to a producer or a broadcasting company. In this case, you may notify us of the restriction declaration in writing with immediate effect at any time.

You assign your rights and remuneration claims to SWISSPERFORM for ‘worldwide administration’. This is stated in item 4 of the agreement. To ensure that you receive remuneration for the use of your performances and recordings abroad, SWISSPERFORM cooperates with foreign collecting societies (‘sister societies’).

It should be noted that this international cooperation network is less extensive than that of copyright societies such as SUISA or Suissimage. The reason is that neighbouring rights – unlike copyright – are structured very differently across countries, which makes it difficult to conclude reciprocal agreements that broadly cover various neighbouring rights.

There are exceptions to worldwide administration:

Audiovisual producers may notify SWISSPERFORM in writing at any time of a territorial limitation of the scope of the agreement. Such a limitation must also be notified to Suissimage so that it can adjust their agreement with the audiovisual producer accordingly.

The agreements for performers and producers provide specific options to restrict the contractual territory.

SWISSPERFORM recognises five types of right holders’ groups. Each member belongs to at least one of SWISSPERFORM’s five right holders’ groups. Membership is determined by the member’s activities.

If you perform multiple roles (e.g., as a film producer and actor), you belong to different right holders’ groups within SWISSPERFORM. If a member is also an elected delegate of SWISSPERFORM, they may exercise their voting and election rights at the Delegates’ Assembly only within one right holders’ group. Accordingly, if a member belongs to several right holders’ groups, the agreement will specify in which group the member exercises their voting and election rights. This specification can be changed if needed.

According to the Swiss Copyright Law, neighbouring rights are structured in two distinct ways:

• Exclusive rights allow the right holder to permit or prohibit specific uses of their performances or recordings (e.g., the right to produce sound and audiovisual recordings). The Swiss Copyright Law stipulates that certain exclusive rights cannot be exercised directly by the right holder , but only through a collecting society (e.g., public reception or retransmission of broadcast performances and recordings). However, the right holder may also assign additonal exclusive rights to a collecting society by agreement. . This is foreseen in the agreement between SWISSPERFORM and the performers.
• Simple remuneration claims mean that the right holder cannot prohibit the use of their performances and recordings, but they are entitled to receive remuneration (e.g., rental rights, private copying). Simple remuneration claims mean that the right holder cannot prohibit the use of their performances and recordings, but they are entitled to receive remuneration (e.g., rental rights, private copying). This means that it is SWISSPERFORM’s task, together with other involved collecting societies, to collect remuneration from users and distribute it to the right holders.

With regard to the exclusive rights assigned to SWISSPERFORM, SWISSPERFORM has the option of prohibiting the corresponding uses on behalf of the right holder. However, this only occurs in very rare cases, and SWISSPERFORM will of course coordinate such action with the affected right holders. As a general rule, even with respect to the exclusive rights assigned to it, SWISSPERFORM merely collects remuneration from users and distributes it to the right holders.

Item 4 of the agreement lists the rights and remuneration claims that you assign to SWISSPERFORM for administration. SWISSPERFORM administers your rights by collecting remuneration for certain uses of your performances and recordings and distributing this to you. The collection of remuneration from users is based on so-called tariffs.

When describing the individual rights and remuneration claims in item 4 of the agreement, the wording of the Swiss Copyright Law was adopted as closely as possible, with references to the relevant legal provisions.

The agreement covers the assignment of rights and remuneration claims for the following uses of the member’s performances and recordings:

• Broadcasting
• Retransmission
• Public reception of broadcasts
• Performance (making perceptible)
• Rental
• Use for teaching purposes (usages in schools)
• Use for internal company information and documentation (usages in organisations)
• Production or import of blank media (for private usage)
• Usage of archive recordings of broadcasting companies (Art. 22a Swiss Copyright Law)
• Making broadcast recordings available (Art. 22c Swiss Copyright Law)
• Reproductions for broadcasting purposes (Art. 24b Swiss Copyright Law)
• Reproductions in a form accessible to persons with disabilities (Art. 24c Swiss Copyright Law)
• Making performances in audiovisual works available (video on demand, Art. 35a para. 4 Swiss Copyright Law)

Specific provision in the agreement for performers:

Since the 2020 revision of the Swiss Copyright Law, the right to make performances in audiovisual works available (Video on Demand entitlement for audiovisual and audio performers) is also subject to mandatory collective rights administration (Art. 35a Swiss Copyright Law).

In the agreement for performers, the list is further extended to include additional exclusive rights. These concern, in particular, the rights for the following uses:

• Making available on demand (online or on-demand right, excluding audiovisual works),
• Recording the performance on audio, audiovisual or data carriers and reproducing such recordings.

These two exclusive rights mentioned last are not subject to mandatory collecting society. If you are a performer and wish to do so, you may therefore exclude these rights from the assignments list and choose not assign them to SWISSPERFORM.

Please note that the administration of these two exclusive rights by SWISSPERFORM is being introduced gradually. SWISSPERFORM will begin to assert these rights step by step against users of your performances and recordings (e.g., on-demand music platforms online or companies that fully copy your performances and recordings).

This wording was chosen based on the requirements of the Value Added Tax Act. If you are subject to VAT, we pay your remuneration including VAT. Normally, you would have to issue an invoice to us that also shows the VAT owed. To spare you this step and simplify the process, SWISSPERFORM issues the invoice on your behalf. So it is not necessary for you to send us an invoice in advance.

The term of protection usually starts with the publication of the audio or audiovisual recording and lasts 70 years. (Art. 39 para. 2 CopA).

All claims of right holders against SWISSPERFORM lapse after a period of five years after the main distribution has been run; however at the latest by 31 December of the sixth year following the respective usage (cf. item 1.5.7 distribution rules).

It is sufficient for you to become a member of SWISSPERFORM. The Schweizerische Interpretengenossenschaft SIG runs the distribution on behalf of SWISSPERFORM. As a consequence, it is only necessary for you to be a member of SWISSPERFORM.

Each musician usually has to register individually with SWISSPERFORM. However, for large music formations with a low repertoire exploitation, we have established a simplified pay-out system.

Please contact our member services department for further information.

T +41 44 269 70 50 / info@swissperform.ch

Yes, SWISSPERFORM manages your rights as a performing artist (musician, actor etc.). SUISA is responsible for your rights as an author (composer or lyricist/songwriter).

Yes, if you are a musician you are only a member as a performer. You need to register separately as a producer.

Please note that here we are talking about your quality as an economic producer. As an artistic producer, again, the performer contract is sufficient.

No, if you are a performer, it is sufficient to sign the agreement once.

The producer is the creator of a product, whereby the product can be either a band, an individual performer or a sound recording. The following types of producers can be distinguished:

Economic Producer (Label)
The economic producer finances the recording and/or production of a sound recording at his/her own economic risk. This qualified entrepreneurial performance goes far beyond the production and sale of sound recordings. The following indications support the classification as an economic producer:

• responsibility for the development of the product (e.g.: searching for new artists and promoting them);
• responsibility for the organisation and conduct of recordings with the artist (possibly combined with the granting of discounts to the artists regarding studio costs);
• responsibility for the production and distribution of the sound recordings as well as marketing and promotion for the product;
• responsibility for concluding contracts with other parties involved in the production (e.g. with the musicians, the musical producer, the pressing plant and the collecting society).

The more of the above tasks are taken on, the more likely it is to be assumed that the function is that of an economic producer.

As a rule, the label is considered to be the economic producer. If an artist takes on the majority of the aforementioned tasks himself/herself, he/she has the function and rights as an economic producer. The situation is unclear if the artist and the label share the tasks, such as in the case of a band takeover contract. In each individual case it must be checked who is entitled to the producer’s rights or whether these rights have been contractually granted by the artist to the label.

Musical Producer, Artistic Producer

The artistic or musical producer is the person musically responsible for the studio recording. He/she organises the whole recording process from a musical and technical point of view; he/she is to be considered the person responsible for the music production in the studio. The following tasks fall within its remit:

• organisation of the entire audio recording process from a musical and technical point of view;
• selection and engagement of those involved (studio musicians, sound engineer);
• preparation of the production together with the artist; implementation of the requirements of the recording company and the artist regarding sound and financing;
• (possibly) take charge of arranging activities (e.g. instrumentation, arrangement and sound design).

SWISSPERFORM only accepts economic producers as audio producers. The artistic producer can join SWISSPERFORM as audio performer. The prerequisite for this is that certain performing artists who have participated in the recordings concerned confirm the performance as artistic producer.

Yes, SWISSPERFORM manages your rights as a performing artist (musician, actor etc.). SUISA is responsible for your rights as an author (composer or lyricist/songwriter).

No, for performers it is sufficient to sign one copy.

No. You appear as yourself; you don’t assume a role.

No. Extras do not count as an individually identifiable performance.

Yes. However, the parts are (except roles in series) weighted according to the number of shooting days. There are three different categories (A,B and C). Speaker performances, on the other hand, are weighted according to the number of takes.

Yes. We must be able to allocate your contribution to a specific episode, otherwise we are not able to distribute remuneration to you. The name of the series is only sufficient if your role appears in every episode.

How will the Video on Demand remuneration be implemented?
There is a new common tariff for this (CT 14).
The remuneration to be paid by the platforms (Netflix, Playsuisse, etc.) is calculated differently depending on the offer and business model, sometimes also by using a flat rate.

When does this tariff apply?
The CT 14 is valid starting January 2022.

In concrete terms, what does this mean?
From 2022, the platforms (Netflix, Playsuisse, etc.) will have to pay compensation to the collecting societies for offering audiovisual works on their streaming services. SWISSPERFORM forwards this money to the artists who have contributed to these works as actors or musicians. The film authors (directors, screenwriters) receive the remuneration from Suissimage, SSA and ProLitteris.

Why do the platforms only have to pay from 2022?
The Swiss Copyright Law was amended in 2020. Artists are now entitled to receive compensation from the streaming platforms, even if they have assigned their rights to the producers. Previously, this additional compensation claim did not exist. SWISSPERFORM and the collecting societies immediately began negotiating a tariff with the streaming platforms. This came into effect on 1.1.2022.

How much money will I receive?
This depends on the respective tariff income per year and the specific provisions in the distribution rules.

When will I receive my remuneration?
The first remuneration for 2022 can be expected in fall 2024 at the earliest. They will then be distributed together with the annual main distribution in summer 2025 at the latest. Thereafter, there will be an annual distribution.

How does SWISSPERFORM know in which production I have appeared in?
We register all your notifications about your contributions in our database. Please report missing contributions and updates directly online. This allows us to ensure that you receive your remuneration for all utilizations (including conventional television).

Yes, you need to register twice with SWISSPERFORM, once as a performer and once as a producer.

The protection begins with the publication of the sound or audiovisual recording and lasts for 70 years (Art. 39 para. 2 CopA).

No, producers are the natural persons or legal entities holding the organisational and economic responsibility for a production. Sound engineers, sound mixers, managers, recording engineers etc. are not entitled to receive remuneration from SWISSPERFORM (point 2.2.0 of the distribution rules).

The producer is the creator of a product, whereby the product can be either a band, an individual performer or a sound recording. The following types of producers can be distinguished:

Economic Producer (Label)
The economic producer finances the recording and/or production of a sound recording at his/her own economic risk. This qualified entrepreneurial performance goes far beyond the production and sale of sound recordings. The following indications support the classification as an economic producer:

• responsibility for the development of the product (e.g.: searching for new artists and promoting them);
• responsibility for the organisation and conduct of recordings with the artist (possibly combined with the granting of discounts to the artists regarding studio costs);
• responsibility for the production and distribution of the sound recordings as well as marketing and promotion for the product;
• responsibility for concluding contracts with other parties involved in the production (e.g. with the musicians, the musical producer, the pressing plant and the collecting society).

The more of the above tasks are taken on, the more likely it is to be assumed that the function is that of an economic producer.

As a rule, the label is considered to be the economic producer. If an artist takes on the majority of the aforementioned tasks himself/herself, he/she has the function and rights as an economic producer. The situation is unclear if the artist and the label share the tasks, such as in the case of a band takeover contract. In each individual case it must be checked who is entitled to the producer’s rights or whether these rights have been contractually granted by the artist to the label.

Musical Producer, Artistic Producer

The artistic or musical producer is the person musically responsible for the studio recording. He/she organises the whole recording process from a musical and technical point of view; he/she is to be considered the person responsible for the music production in the studio. The following tasks fall within its remit:

• organisation of the entire audio recording process from a musical and technical point of view;
• selection and engagement of those involved (studio musicians, sound engineer);
• preparation of the production together with the artist; implementation of the requirements of the recording company and the artist regarding sound and financing;
• (possibly) take charge of arranging activities (e.g. instrumentation, arrangement and sound design).

SWISSPERFORM only accepts economic producers as audio producers. The artistic producer can join SWISSPERFORM as audio performer. The prerequisite for this is that certain performing artists who have participated in the recordings concerned confirm the performance as artistic producer.

The distribution is run by Suissimage. The relevant broadcast data is taken from the database of Suissimage. Suissimage also calculates the remuneration for audiovisual producers from the neighbouring rights’ collection.

Yes. Suissimage collects and distributes remuneration for copyrights whereas SWISSPERFORM collects and distributes remuneration for neighbouring rights.

No. Association can no longer be members of SWISSPERFORM and so there is no possibility to be a member through your association. You must register directly with SWISSPERFORM.

The IRF is an association in which domestic and foreign broadcasters (SRG, ARD, ZDF, ORF, RAI a.o.) affiliated/joined forces to represent the radio and TV broadcasters’ interests.

SWISSPERFORM has concluded a rights administration agreement with the association IRF Interessengemeinschaft Radio und Fernsehen. If a broadcasting organization has concluded a corresponding mandate agreement with the IRF in addition to the membership agreement with SWISSPERFORM, the assertion of rights and remuneration claims and the collection and distribution of remunerations by the IRF shall be carried out in accordance with the corresponding mandate agreement. The statutory membership rights in SWISSPERFORM shall in any case be exercised by the member (broadcasting organization) itself.

Please contact the IRF directly for further details on this subject.

SWISSPERFORM manages broadcasters’ claims, mainly for the following usage types:

• re-transmission of radio and TV broadcasts via cable networks (Art. 22 and 38 CopA);
• communication to the public of radio and TV broadcasts (Art. 22 and 38 CopA);
• private copying of radio and TV broadcasts (Art. 19, 20 and 38 CopA);
• certain types of educational usage and office or workplace-related usage of radio and TV broadcasts (Art. 19, 20 and 38 CopA).