SWISSPERFORM represents two producer groups: audiovisual producers such as film producers and phonogram producers such as sound recording producers.
How it works
Audiovisual producers (film producers) are entitled to remunerations from SWISSPERFORM if their productions are used by the TV broadcasters.
Remuneration
Register your works with Suissimage
The distribution of remuneration to audiovisual producers is run by Suissimage on behalf of SWISSPERFORM. In order to participate in the distribution, audiovisual producers must be members of SWISSPERFORM and have assigned the management of their neighbouring rights to SWISSPERFORM. Producers who have their (registered) office/place of business abroad usually have their rights managed through rights administration agreements with the collective management organisations in their country of residence.
Deadlines
Distribution for audiovisual producers
5.12.2024The distribution for audiovisual producers takes place at the same time as the distribution at Suissimage at the end of the year.
If we notice that a member of Suissimage has the right to receive remuneration for neighbouring rights but has not been registered as a member with SWISSPERFORM yet, we will get in touch with such a right holder.
Do you have any other questions? Contact us.
Change of address
We need to obtain your recent postal address in case of a removal to make sure that our payoffs reach the receiver properly.
Associations for producers of films and phonograms
Schweizerische Vereinigung für öffentliches Beschaffungswesen
Marktgasse 1
P.O. Box 2276
8401 Winterthur
Schweizerischer Verband der FilmproduzentInnen (SFP)
Zinggstrasse 16
3007 Bern
Swissfilm Association (SFA)
Hermetschloostrasse 77
8048 Zurich
swissfilm.org
T + 41 79 797 47 77 (Susann Vogel)
info@swissfilm-association.ch
Schweizerischer Video-Verband (SVV)
Netzibodenstrasse 238
4133 Basel
T +41 61 816 94 97
info@svv-video.ch
Verband Filmregie und Drehbuch Schweiz (FDS/ARF)
Neugasse 6
8005 Zurich
arf-fds.ch
T +41 44 253 19 88
info@arf-fds.ch
GSFA Groupement Suisse du Film d’Animation
Kanzleistrasse 126
8004 Zurich
swissanimation.ch
T +41 44 240 19 09
info@swissanimation.ch
Gruppe Autoren Regisseure Produzenten GARP
P.O. Box
8034 Zurich
garp-cinema.ch
Tel.: +41 44 422 47 70
garp-cinema.ch
IG Unabhängige Schweizer Filmproduzenten
c/o Advokatur Gartenhof
Gartenhofstrasse 15
P.O. Box 9819
8036 Zurich
independentproducers.ch
T +41 43 317 18 73
info@independentproducers.ch
Legal advice
If you have any questions, please do not hesitate to contact us. Furthermore, you can also address questions regarding distribution to Suissimage:
Suissimage
Neuengasse 23
P.O. Box
3001 Bern
E-mail
T +41 31 313 36 55
FAQ
I am a member of Suissimage. Do I still have to register with SWISSPERFORM?
Yes. Suissimage collects and distributes remuneration for copyrights whereas SWISSPERFORM collects and distributes remuneration for neighbouring rights.
How does the distribution of remuneration to film producers work?
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.
My production company is a member of the Swiss Film Producers’ Association (SFP). Am I therefore automatically a member of SWISSPERFORM?
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.
Phonogram producers (sound recording producers) are entitled to remunerations from SWISSPERFORM if their recordings are used by the radio and television broadcasters.
Distribution to phonogram producers
According to the currently valid distribution regulations, 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 share) of the right holders (so-called «turnover-related distribution»).
This way SWISSPERFORM can guarantee the audio producers that each year almost all the money collected will be distributed.
Registration
Producers of sound recordings (record companies) are defined as natural or legal persons who are responsible in an organisational or economic sense for legally produced sound recordings determined for release on the market under one label.
Producers of sound recordings (natural persons or legal entities) can become members of SWISSPERFORM if their residence or office headquarters are in Switzerland or if they are Swiss nationals.
Rights owners resident abroad, persons who acquired the producers’ rights subsequently, or parties authorised to collect can authorise SWISSPERFORM to manage their rights.
With the review of our Articles of Association in 2009 the option for associations to become members was abolished; this means that all producers of sound recordings must register as individual members at SWISSPERFORM. SWISSPERFORM membership is free.
Who is not considered a producer of sound recordings?
Managers, mixers, sound engineers, recording studios, music producers, producers, music publishers, master and matrix makers, pressing plants, dubbing plants, parallel importers and sound recording pirates in particular are not included in this definition as record companies.
Notification of claims
SWISSPERFORM maintains a database where all recordings incl. the producer’s information are documented. SWISSPERFORM updates this information as far as the relevant information has been provided. Very important is that you must hold a valid contract with SWISSPERFORM. You can order the contract here. For using the Claiming Tool your contract (respectively contracts if you act in different roles) needs to be returned to SWISSPERFORM signed by you by August 30th.
Remunerations can only be calculated if your entitlement to the recording has been registered in the database.
Declare your sales
By declaring their turnover, phonogram producers participate in the turnover-based distribution. Please note that the right holders’ shares that do not reach the threshold of CHF 50.– per distribution will not be paid out. Sales reports / turnover declarations of less than CHF 500.– will not be processed.
Sales reports/turnover declarations can only be provided via the respective Declaration Form A and must be sent to SWISSPERFORM.
Please read our distribution rules for further information on the distribution to performers.
Deadlines «turnover-related distribution»
Deadline for reporting sales using Form A
30.4.2024- 30.4.2024: Deadline for reporting of sales in 2023 and (if applicable) for the late reporting of sales in previous years, using Form A
- 29.11.2024: Payment of the main turnover-related distribution 2023. Related settlement statements will be sent on 15 November 2024.
- 13.12. 2024: Payment of supplementary turnover related distributions for previous years. Related settlement statements will be sent on 6 December 2024.
Please note: In order for us to be able to take your report into account in the turnover-related distribution (according to market share), you need a valid membership of SWISSPERFORM. Our membership department will be happy to assist you: info@swissperform.ch.
Annual Main Distribution
29.11.2024- 30.4.2024: Deadline for reporting of sales in 2023 and (if applicable) for the late reporting of sales in previous years, using Form A
- 29.11.2024: Payment of the main turnover-related distribution 2023. Related settlement statements will be sent on 15 November 2024.
- 13.12. 2024: Payment of supplementary turnover related distributions for previous years. Related settlement statements will be sent on 6 December 2024.
Please note: In order for us to be able to take your report into account in the turnover-related distribution (according to market share), you need a valid membership of SWISSPERFORM. Our membership department will be happy to assist you: info@swissperform.ch.
Supplementary Distribution for sales in previous years
13.12.2024- 30.4.2024: Deadline for reporting of sales in 2023 and (if applicable) for the late reporting of sales in previous years, using Form A
- 29.11.2024: Payment of the main turnover-related distribution 2023. Related settlement statements will be sent on 15 November 2024.
- 13.12. 2024: Payment of supplementary turnover related distributions for previous years. Related settlement statements will be sent on 6 December 2024.
Please note: In order for us to be able to take your report into account in the turnover-related distribution (according to market share), you need a valid membership of SWISSPERFORM. Our membership department will be happy to assist you: info@swissperform.ch.
Deadlines «use-related distribution»
Provision on demand of the Played-Recordings-List
10.6.2024- 10.6.2024: On demand, Provision of the Played-Recordings-List 2023 to all interested phonogram producers. Please send request for the data to pph@swissperform.ch.
- 19.7.2024: Deadline to submit claims on the 2023 used recordings.
- 19.8.2024: Access to the updated claiming tool containing the current data for the upcoming distribution 2023.
- 27.9.2024: Deadline for using the claiming tool.
Settlement statements will be sent on 18.10.2024 and payments will be made on 31.10.2024.
Deadline to submit claims on the 2023 used recordings
19.7.2024- 10.6.2024: On demand, Provision of the Played-Recordings-List 2023 to all interested phonogram producers. Please send request for the data to pph@swissperform.ch.
- 19.7.2024: Deadline to submit claims on the 2023 used recordings.
- 19.8.2024: Access to the updated claiming tool containing the current data for the upcoming distribution 2023.
- 27.9.2024: Deadline for using the claiming tool.
Settlement statements will be sent on 18.10.2024 and payments will be made on 31.10.2024.
Access to the updated claiming tool containing the current data for the upcoming distribution
19.8.2024- 10.6.2024: On demand, Provision of the Played-Recordings-List 2023 to all interested phonogram producers. Please send request for the data to pph@swissperform.ch.
- 19.7.2024: Deadline to submit claims on the 2023 used recordings.
- 19.8.2024: Access to the updated claiming tool containing the current data for the upcoming distribution 2023.
- 27.9.2024: Deadline for using the claiming tool.
Settlement statements will be sent on 18.10.2024 and payments will be made on 31.10.2024.
Deadline for using the claiming tool
27.9.2024- 10.6.2024: On demand, Provision of the Played-Recordings-List 2023 to all interested phonogram producers. Please send request for the data to pph@swissperform.ch.
- 19.7.2024: Deadline to submit claims on the 2023 used recordings.
- 19.8.2024: Access to the updated claiming tool containing the current data for the upcoming distribution 2023.
- 27.9.2024: Deadline for using the claiming tool.
Settlement statements will be sent on 18.10.2024 and payments will be made on 31.10.2024.
Distribution process
31.10.2024- 10.6.2024: On demand, Provision of the Played-Recordings-List 2023 to all interested phonogram producers. Please send request for the data to pph@swissperform.ch.
- 19.7.2024: Deadline to submit claims on the 2023 used recordings.
- 19.8.2024: Access to the updated claiming tool containing the current data for the upcoming distribution 2023.
- 27.9.2024: Deadline for using the claiming tool.
Settlement statements will be sent on 18.10.2024 and payments will be made on 31.10.2024.
Change of address
We need to obtain your recent postal address in case of a removal to make sure that our payoffs reach the receiver properly.
Associations for producers of films and phonograms
Schweizerische Vereinigung für öffentliches Beschaffungswesen
Marktgasse 1
P.O. Box 2276
8401 Winterthur
Schweizerischer Verband der FilmproduzentInnen (SFP)
Zinggstrasse 16
3007 Bern
Swissfilm Association (SFA)
Hermetschloostrasse 77
8048 Zurich
swissfilm.org
T + 41 79 797 47 77 (Susann Vogel)
info@swissfilm-association.ch
Schweizerischer Video-Verband (SVV)
Netzibodenstrasse 238
4133 Basel
T +41 61 816 94 97
info@svv-video.ch
Verband Filmregie und Drehbuch Schweiz (FDS/ARF)
Neugasse 6
8005 Zurich
arf-fds.ch
T +41 44 253 19 88
info@arf-fds.ch
GSFA Groupement Suisse du Film d’Animation
Kanzleistrasse 126
8004 Zurich
swissanimation.ch
T +41 44 240 19 09
info@swissanimation.ch
Gruppe Autoren Regisseure Produzenten GARP
P.O. Box
8034 Zurich
garp-cinema.ch
Tel.: +41 44 422 47 70
garp-cinema.ch
IG Unabhängige Schweizer Filmproduzenten
c/o Advokatur Gartenhof
Gartenhofstrasse 15
P.O. Box 9819
8036 Zurich
independentproducers.ch
T +41 43 317 18 73
info@independentproducers.ch
Consulting
If you have any questions regarding the distribution you can contact us directly via e-mail.
Do you have any questions? Please contact us.
FAQ
When am I an Economic Producer and when am I an Artistic Producer?
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.
I was the sound engineer for a recording in the studio. Do I receive remuneration for this contribution?
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).
I am a musician and have financed the production of my recordings myself. Do I have to register at SWISSPERFORM twice?
Yes, you need to register twice with SWISSPERFORM, once as a performer and once as a producer.
To top How long is my recording protected?
The protection begins with the publication of the sound or audiovisual recording and lasts for 70 years (Art. 39 para. 2 CopA).
