Other rights

The Federal Law  of 9 October 1992 on Copyrights and Neighbouring Rights (the Copyright Law) is the legal reference basis for SUISA's activities. The Copyright Law regulates the rights of authors, performers, record producers and broadcasting companies in their works and services and stipulates the duties of the collective administration societies. The Copyright Law also defines fundamental terms such as “work” or  “author”, and specifies what rights an author has in his works. The Law also places limits on copyright protection.

Pursuant to the Copyright Law, the author is the owner of his work. An author's work can only be published, reproduced, performed in public, broadcast or otherwise disseminated with his consent. In exchange, the author is entitled to remuneration.

The Copyright Act protects all musical works of an original nature created by individuals. Apart from music, other acoustic works of an original nature, characterised by the use of sounds and not notes, are protected. All these works are protected regardless of their value or purpose. A symphony and a radio jingle enjoy equal protection under the Copyright Act. SUISA only manages what are known as “small rights”, i.e. the rights to non theatrical music. This includes:

• non theatrical musical works, with or without lyrics, including oratorios;
• concert versions of theatrical (dramatic) musical works;
• dance musical works which can be used without dance;
• excerpts from theatrical musical works which do not comprise a complete act and are not longer than 25 minutes in the case of a radio broadcast, or 15 minutes in the case of a television broadcast.
• musical works in films or other audiovisual or multimedia works (except in the case of films of dramatic musical works).

SUISA is responsible for performance, broadcasting and retransmission rights, public broadcasting rights, the right to make music available (online rights), mechanical rights (i.e. the production of sound and audiovisual recordings, including audiofiles) and blank carrier and rental rights.

A list of reference books on the subject of copyright and musicians' rights is published under "Copyright in music"

in German:

2003 Poto Wegener: „musik & recht – Schweizer Handbuch für Musikschaffende“  (Music & the Law – The Swiss Handbook for Music Creators), unchanged 2nd edition, 2004  (ISBN 978-3-9809540-2-0).

The book explores the following themes in 500 pages: copyright law, rights management law (SUISA and SWISSPERFORM), recording industry, sound recording agreements, publishing, sampling and remix, music and the Internet, contract law, intra-group agreements and organisation structures, concert contracts, management and booking, protection of group names, noise protection and social insurance. Although some sections are no longer entirely up to date, this book is a complete and competent guide with detailed explanations on a dozen sample contracts.

Robert Lyng, Heinz Oliver, Michael von Rothkirch: Die neue Praxis im Musikbusiness, 12th edition, 2013 (ISBN 978-3-95512-059-7).

A standard reference work for anyone who wants to know how the music industry works. The key players of the music industry are presented in 18 chapters. Precious practical tips for music professionals on everything from starting a band to hitting the top of the charts. The book covers copyright law basics as well as the art of negotiating contracts. Comprehensive annexes with commented contracts complete the book. Since the book is based on the German legal framework, not all information can be applied 1:1 to Switzerland.

Rolf Moser, Andreas Scheuermann (Hrsg.): Handbuch der Musikwirtschaft, 7th edition, 2018 (ISBN 978-3-7808-0188-3).

This 1500 page volume discusses all music production-related issues in great depth and detail - a more comprehensive presentation of the subject matter is hardly conceivable. Since the book is based on the German legal framework, not all information can be applied 1:1 to Switzerland.

Donald S. Passman, Wolfram Herrmann: Alles, was Sie über das Musikbusiness wissen müssen, 2nd edition, 2011 (ISBN 978-3-7910-2987-0).

An expert adaptation by Wolfram Herrmann of US lawyer Donald S. Passman's bestseller to the German, Austrian and Swiss music industry. The two insiders reveal their comprehensive expert knowledge in a sound and intelligible guide.

in French:

Guy Haumont, Eric Haumont: Le Droit des musiciens, Guide pratique, 2nd edition, 2002 (ISBN: 978-2911433160).

A clear and complete overview of law and practice in the music industry with an international focus; no longer entirely up to date.

The following rights need to be taken into account:

• Synchronisation rights

The synchronisation right is the right to combine a piece of music with another media product, e.g. to add music to a podcast. As a rule, this right is managed by the publisher or the author of the work and SUISA cannot issue a licence. Therefore, the synchronisation rights for the title concerned must be obtained directly from the relevant publisher or author.

• Neighbouring rights

Neighbouring rights in this context means the right to re-record a piece of music from the original recording (e.g. a CD or an MP3 file). Neighbouring rights are generally managed by the producer of the sound recording (sound recording producer, record company or label). You therefore need to apply directly to the producer of the sound recording for the right to re-record the chosen title. Depending on the circumstances, Audion GmbH (https://www.audion-music.ch/) can help. Audion GmbH is an independent agency for music rights; it intermediates and licenses selected uses of music recordings.