Music in Podcasts

No, if a podcast is only made available via conventional platforms like Spotify and not on your own website, only the reproduction (production) needs to be licensed. SUISA licenses the making-available of the music directly with the platforms concerned.

The minimum fee of CHF 34.20 applies to all the music in all the podcasts produced during a six-month reporting period provided such podcasts contain less than 24 minutes of protected music altogether. If the 24-minute duration is exceeded, a fee of CHF 1.40 per minute of protected music applies.

It makes no difference whether or not the podcast is profit-oriented. The music in a podcast must be licensed in any event.

No. Indicating the names of the rightholders does not entitle you to use protected music without the requisite licence.

No. SUISA only licenses the music in podcasts. Podcasts without music do not have to be registered with SUISA.

The fee for the reproduction of a podcast is only due once. Its making-available online has to be licensed as long as the podcast is available online (six-monthly billing).

A series of podcast episodes can be registered in advance.

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.

For radio and television broadcasters who offer podcasts of programmes previously broadcast by them containing music licensed under Common Tariff S or Tariff A, the production and making available online on their website is already covered. However, podcasts which focus on a musical theme and in which music takes the foreground (e.g. podcasts specifically about bands or artists, festivals or concerts, music specials and the like) are an exception. Podcasts with a musical theme must be additionally licensed by the broadcaster in accordance with the podcast licensing model.

The rule that music in podcasts from radio and television broadcasters is only covered by the CT S and Tariff A if the podcast is dedicated to a non-musical topic stems from Article 22c CopA:

Art. 22c Making available broadcast musical works

1 The right to make non-theatrical works of music contained in a broadcast available through a radio or television programme may only be asserted by the authorised collective rights management organisations if:

a. the broadcast was primarily produced by the broadcasting organisation or at its request;

b. the broadcast was dedicated to a non-musical topic which took precedence over the music and was announced prior to the broadcast in the usual manner; and

c. making it available does not impair the sale of music on phonograms or through online offers by third parties.

2 Subject to the requirements of paragraph 1, the right of reproduction for the purpose of making available may only be asserted by the authorised collective rights management organisations.

Since the decisive point is the topic of the broadcast or podcast, the duration of the music in the podcast is irrelevant.

Two examples by way of illustration:

Example 1:

Radio 24 is broadcasting a Rolling Stones special. There is a lot of talking with a few short extracts of their songs.

Radio 24 will make the broadcast available as a podcast on its website.

The music in the podcast is not covered by the CT S licence and has to be licensed under our podcast licensing model.

Example 2:

Radio 24 is broadcasting a special report about the war in Ukraine. The programme contains short music sequences.

Radio 24 will make the broadcast available as a podcast on its website.

The music in the podcast is covered by the CT S licence.

Broadcasters are generally aware of these circumstances which rarely give rise to discussion.