Distribution to phonogram producers

In November 2020, the supervisory authority of SWISSPERFORM, the Swiss Federal Institute of Intellectual Property (IPI), approved an amendment of the Distribution Rules. As of now, the following system applies to each usage year: At first, a distribution according to radio-airplay will be made (so-called “use-related distribution”). This applies to all recordings that were reported by the radio stations relevant for the distribution and that can clearly be attributed to a recording of a right holder. This results in two shares: attributable recordings and unattributable recordings. Accordingly, the distributable annual amount will be proportionally divided: The first share will be distributed in a use-related manner as explained above; the second share of the distributable amount will be distributed on the basis of the market shares (market sharemarket share
Market share = turnover achieved from sales of commercially published phonograms...
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) of the right holdersright holders
Right holders are persons who are entitled to a share of the collected remuneration. The distribution rules distinguish between the following five right holder groups:...
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(so-called “turnover-related distribution”).

 

This way SWISSPERFORM can guarantee the audio producersaudio producers
This category includes natural persons and legal entities that have the organisational and economic responsibility for authorised productions of phonograms, of which great numbers are intended to be released under a label to the commercial market.

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that each year almost all the money collected will be distributed. Moreover, this also means that an even higher amount is distributed in a turnover-related manner and that more right holdersright holders
Right holders are persons who are entitled to a share of the collected remuneration. The distribution rules distinguish between the following five right holder groups:...
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can participate in this turnover-related distribution than before. Along with the domestic right holdersright holders
Right holders are persons who are entitled to a share of the collected remuneration. The distribution rules distinguish between the following five right holder groups:...
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also foreign right holdersright holders
Right holders are persons who are entitled to a share of the collected remuneration. The distribution rules distinguish between the following five right holder groups:...
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are entitled under certain conditions.

 

This change comes into force retroactively as per the usage year 2017. This means that from the usage year 2017 all shares that have not been distributed in a use-related manner will be included in the turnover-related distribution. This way we can achieve a high distribution quota as from 2017.

 

What are the next steps (as of November 2020)?: 

 

On the basis of the submitted Declaration Forms for 2017, 2018 and 2019 SWISSPERFORM will calculate the market shares of the right holdersright holders
Right holders are persons who are entitled to a share of the collected remuneration. The distribution rules distinguish between the following five right holder groups:...
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for these three years and distribute the available shares of the distributable amounts in a turnover-related manner. If you already received remunerations for 2017 and 2018 from the "turnover-related distribution from collections from private copying for Swiss residents", we will still pay you the remuneration arising from the new turnover-related distribution. This previous regulation is replaced by the new distribution system.

 

This also applies to the future, i.e. from the utilization year 2020:

Please report

- on the one hand, your entitlement here

- on the other hand, your turnovers here.

 

In order to receive remunerations from SWISSPERFORM (from both the “use-related” distribution and the “turnover-related” distribution) it is required that each beneficiary (phonogram producersphonogram producers
This category includes natural persons and legal entities that have the organisational and economic responsibility for authorised productions of phonograms, of which great numbers are intended to be released under a label to the commercial market.

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, distributors/persons with collecting authorization etc.) concludes an agreement with SWISSPERFORM. Please click on this link to apply.

SWISSPERFORM
Kasernenstrasse 23
CH-8004 Zürich
T +41 (0)44 269 70 50
F +41 (0)44 269 70 60
E-mail

 

Antenne Romande
David Johnson
Av. du Grammont 11bis
1007 Lausanne
T +41 (0)32 724 31 25
E-mail