All questions and answers

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. 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.

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.

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).