As a rule, all uses of music in videos have to be registered with SUISA – regardless whether the video is made available online, played on a screen, or otherwise disseminated.

If a video is only used for private purposes, within a small circle of friends and family, you do not need a licence from SUISA.

Embedding videos on social media is only subject to a licence if the videos are used commercially. Private users do not as a rule need a licence. Embedding videos on a website is, however, subject to a fee.

Yes, if you are using music protected by copyright.

What music is protected by copyright?

Users who upload or share music on the internet are responsible. They must secure the necessary permission to use the music, and obtain or acquire the necessary rights from the relevant rightholders.

A web point of presence comprises all web pages that are publicly accessible under a specific internet address (domain) for a natural or legal person. This includes all content, subpages and functions belonging to the domain in question.

Important distinctions:

• Own domain = own web point of presence
  Each independent internet address (e.g.www.beispiel.ch) qualifies as a separate point of presence. When someone operates several domains, each domain counts as a separate web point of presence – even if they are linked to each other or have related content.
   
• Social media profile = own web presence
  Each social media profile, e.g. on Facebook, YouTube, Instagram, TikTok, etc. qualifies as a separate point of presence. In other words, a company that has a website and an additional Facebook profile, has two separate points of presence.

In terms of licensing, this means that:
since a licence is required for the use of music on publicly available internet sites and platforms, a separate licence must be obtained for each point of presence – even if all the profiles belong to the same company. This applies both to conventional websites and to social media insofar as music is embedded or made available.

No.  Under Swiss law, an intranet is public, not private.

Legally speaking, protected content – e.g. texts, images or videos – placed on an intranet constitutes public usage. Therefore, such content must be licensed from SUISA (music, videos) or, in the case of texts and images, from ProLitteris at the tariff rates for online uses.

Making available videos with music on the internet counts as public use.  The authors are therefore entitled by law to remuneration.

This remuneration is collected by SUISA and passed on to the authors.

In practice, the uploading person may be sent a warning with a request to delete the video or have it deleted.

In certain cases, labels may demand damages for the unauthorised online use. Certain platforms automatically delete the videos.

In the case of well-known songs, it may not even be technically possible to upload without a licence.

It depends on the individual case, and on the individual provider and rightholder.

Please report to us the average number of videos made available per year.  Based on your report, you will then receive an invoice for the current year.

If, in the following year, the number of videos changes enough to move into a different fee bracket, you should let us know by 28 February.

Adjustments can be made once a year.  Please report the change using the application form or via email.

Yes, even videos only shown on intranet have to be licensed. Under Swiss law, an intranet is public, not private.

The licensing obligation is the same as for videos made available on a website or on social media.

If you publish 100 videos on each of your points of presence – e.g. YouTube, Facebook, and your website – you are making available 300 videos.

This is the total number you must report in your registration.

Generative artificial intelligence is trained on works that are protected by copyright. AI-generated songs may therefore contain recognisable copyrighted works or parts of works.

Consequently, SUISA cannot forgo licensing unless users can credibly demonstrate that no copyrights are being infringed.

Yes. As the author of the music or lyrics of a musical work, you alone are entitled to decide how your work is used. But if you have transferred part of your copyrights (for example, to SUISA), you should bear the following in mind:

If you are a member of SUISA, you can only publish your work without paying royalties on your own website. If you use your own music on your website, you should, however, notify SUISA to avoid SUISA invoicing you. Link: Waiver form 

If your work is published on a third-party website (e.g. Soundcloud, Facebook, YouTube, etc.), the owner of the website or the person responsible for its publishing must obtain a licence from SUISA and pay the corresponding fee. 

No. There is no general rule authorising the use of music free of charge.

Naming the composer does not replace a valid copyright licence.

No. But it is important to indicate the name of the original author correctly in the metadata.

SUISA invoices the digital service providers (iTunes, Amazon, Spotify etc.) directly.

If you are a member of SUISA, you have to register all your compositions with SUISA.

Unless you do so, SUISA cannot ensure that you are remunerated when your works are downloaded or streamed.

An arrangement – called a "derived work" in copyright law – is a variation of a work which satisfies the creative standards for copyright protection in its own right.

The production, publication and exploitation of an arrangement requires the consent of the author or the publisher of the arranged work.

No. Barcodes are only required for the physical sale of sound recordings – such as CDs or records.

For pure online commerce, over downloading or streaming platforms, you only need the ISRC code.

For further information, see the article "Codes, what codes?" (in German) on the SUISA website.

Videos or websites with the same content made available in different languages count as a single video or point of presence – provided they appear on the same domain.

SUISA can deliver all necessary rights for production music.
 

These include among inter alia:

• reproduction rights
• global making-available rights (e.g. on internet)
• synchronisation rights (i.e. combining music with images)
• related rights

SUISA has concluded the necessary agreements with various publishers of production music.

For further information, see on our website: Production Music

If you use production music (also known as library or mood music), or music from rightholders who have concluded a contract with SUISA (as a rule all authors in Switzerland), the licence is valid world-wide.

However, in the case of the international repertoire (i.e. music by authors in other countries), we cannot provide a world-wide guarantee for the licences.

If disputes arise with foreign collective management organisations, SUISA will act as a mediator and ensure that the correct licensing is agreed and coordinated.

SUISA licenses the mechanical rights (production) and the right to make audiovisual productions available. But the production process involves other rights. These are synchronisation rights, generally held by the publisher, on the one hand, and recording rights, held by the label, on the other. To obtain these rights, one normally has to pay the corresponding remuneration.

These are two distinct forms of use. The mechanical rights are federally regulated and are subject to a tariff. Making available is not federally regulated and is subject to its own set of rules. Both uses are public uses within the meaning of the Copyright Act. 

We take the average production cost per video.

In other words: the total production budget of all the videos divided by the number of videos. This average value is the reference basis for the fee calculation.

The fee is calculated based on:

• the number of videos with music made available online, and
• the production budget of the relevant video.

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. If a podcast does not contain any music, it does not have to be registered with SUISA.

The production of a podcast must only be licensed once.

Its making-available online, on the other hand, has to be licensed on an ongoing basis for as long as the podcast is available online. Billing is every six-months.

A podcast series can be registered in advance.

There are two additional rights to be considered when using music in a podcast:

1. Synchronisation right
The synchronisation right is the right to combine a piece of music with another medium, e.g. to add music to a podcast.

As a rule, this right is managed directly by the publisher or the author of the work, and SUISA cannot issue a licence for synchronisation rights. Consequently, permission must be obtained directly from the relevant publisher or author.

2. Related rights
In this context, these rights concern the use of a specific recording – for example, a song from a CD or an MP3 file.

These rights are generally managed by the producer of the sound recording (sound recording producer, recording company or label). Here again, you must apply directly to the rightholder concerned.

Depending on the circumstances, Audion GmbH can help. Audion GmbH is an independent agency for music rights; it brokers and licenses selected uses of music recordings.

For radio and television broadcasters who offer podcasts of their previously broadcast programmes containing music licensed under Common Tariff S (private broadcasters) or Tariff A (SRG-SSR), the production and making available online on their website is already covered.

Exception: podcasts where the music takes centre stage, e.g.

• podcasts focusing specifically on bands or artists,
• reports on festivals and concerts,
• music specials, etc..

Such podcasts must additionally be licensed in accordance with the “podcast” licensing model.

Whosoever intends to publish or broadcast an audiovisual production – such as a commercial, film, video, or a series – has to file an application with SUISA.

The application can be made by:

• the principal or the user of the music directly, or
• an agent, such as an advertising agency.

SUISA confirms the registration in writing and issues the corresponding SUISA number(s).

Registration is online using the relevant VN-A application form (available at this link).

Yes. You must first register the video production with SUISA under Tariff VN. After registration, you are issued a SUISA number.

Then register the making-available of the online advertising campaign and enter the SUISA number in the process.

For further information, see: Online advertising campaigns

If you are re-using a commercial without making any changes – in duration, music or images – simply send an email to advertising@suisa.ch with the particulars of the repeat broadcast.

However, if any changes are made, a new form must be filled in, and the commercial must be registered with SUISA as a “derivative commercial”.

SUISA only protects and licences music. For a commercial to be broadcast on TV or online – with or without music – it must have a SUISA number. This is the only way the commercial can be unequivocally identified.

However, SUISA does not issue invoices for commercials that do not contain music, nor does it pay any royalties.

The production won’t be properly licensed, and it cannot be lawfully broadcast or streamed.

In that case, although their music was used, the music-makers will not be fairly remunerated.

Image films are designed to cast a company in a positive and informative light. The purpose is to strengthen trust in the brand or the company.

Commercials, on the other hand, target sales directly: they promote a product with a view to increasing sales.

Yes. Licensing under Tariff VN is mandatory, even without an online budget. 

Ideally, advertising budgets should be reported per commercial.

SUISA admits one exception:

• if music was commissioned from the same composer for several commercials, and
• the commercials differ only in length, for example,

a joint overall budget can be submitted.

Please point this out in the “Notes” field of the registration form.

Please send in your advertising budget as rapidly as possible.

If you do not have the budget when you register your application, indicate this in the “Notes” field. The budget must be sent in within four months of registration.

Important:

• In absence of budget information, SUISA can make a binding estimate.
• Changes in budgets must be reported promptly – ideally before invoicing.

Send the corresponding information with the SUISA number to: invoice-ad@suisa.ch

This can vary from case to case. Please contact advertising@suisa.ch with the particulars.

Yes. Any change in the commercial –- whether in the images, music, duration, or text – requires a new SUISA number.

But if the only difference is the language, a single SUISA number is enough.

All commercials or video productions broadcast in Switzerland or Liechtenstein must be registered with SUISA – regardless whether or not they contain music, licence-free music, or production music (also known as ‘mood music’).

Please fill in the registration form as completely and as accurately as possible so that SUISA can unequivocally identify the musical work.

On the use of ‘licence-free’ music from the internet:
You have used music promoted as ‘licence-free’ on certain websites in your commercial produced in Switzerland. These platforms offer catalogues presented – depending on the country or region – as freely usable.

Warning: Under Swiss law and in application of the agreements between SUISA and its members, and between SUISA and its foreign partner organisations, SUISA is required to collect remuneration where:

• the rightholders have transferred their works to a collective management organisation like SUISA, and
• their works are used publicly by third parties (e.g. in a commercial).
   

From the moment these musical works are entrusted to SUISA for rights management, their use is no longer automatically licence-free. We recommend that you check directly with the relevant websites to find out whether the works you are using are truly copyright-free. In many cases, no additional costs are likely to be due – but this depends on the specific piece of music and the legal circumstances.

If the video productions are only made available on the website or on the customer's social media channels, both the reproduction rights and the making-available rights must be licensed from SUISA.

In the case of production music, all relevant rights are covered by a single all-in fee.

In other words, the invoiced amount covers:

• synchronisation rights (combining music and images),
• master rights (recording rights)
• and authors’ rights (composer’s copyrights).

The source of the music does not matter.

When dealing with music protected by copyright and used in Switzerland or Liechtenstein, it must be licensed by SUISA under Tariff VN.

Unfortunately, we cannot answer these questions for two reasons:

• we receive a large number of inquiries every day.
• The circumstances of composers, publishers and subpublishers can change between the moment of your inquiry and the subsequent invoicing date.

SUISA’s duties include the following, among other things:

• managing the licensing of the use of music
• supporting music creators
• collecting and distributing royalties for the work of composers

For further information, we refer you to VN-Tariffs on page 4 and the licence terms and conditions for online advertising campaigns

The principal or the music user – in other words, SUISA’s customer – is invoiced for the music use in accordance with the applicable tariffs.

The music creators, who are either members of SUISA or of a foreign sister collective management organisation, are remunerated (royalties) in accordance with SUISA’s Distribution Rules.

The amounts paid may vary – depending on various factors such as the applicable tariff and the relevant distribution category.

The music users themselves decide who the invoice is sent to. SUISA sends the invoice to the address indicated on the registration form.

The debtor is always the person or company indicated on the form as the customer.

Settlement statements are generally prepared 3 months after the fully completed registration form is received.

If important information is missing – especially with regard to the advertising budget – processing may take longer. If, despite a reminder, the missing information is not supplied, SUISA may prepare a binding invoice based on its own estimate.

No. Rights in commercials cannot be waived; waivers are only possible in respect of films.

If the commercial is to be broadcast abroad, you need to contact the collective management organisation in the host country. They are responsible for licensing there.

If the content and the music in the bumper is identical to that in the main commercial, the bumper is counted as part of the same commercial.

Tariff VN, point 19 provides that:

• if different versions are cut of a commercial produced for use in Switzerland, the longest version is decisive for licensing purposes;
• all other versions qualify as copies of the main version.

This means that:

• only the longest version needs to be licensed for reproduction and making-available.
• For all shorter versions, only the making-available needs to be licensed.

(see points 15.3 and 24 of Tariff VN).

As soon as you use music publicly, you require a license – regardless the medium on which the music is used.

Since Tariff PN is still valid, you must continue to register and license your radio ads.

The same applies for ads played on podcast hosters.

Live streaming is (as a rule) the direct transmission of music or events disseminated live via the internet.

In principle, the remuneration is charged as a percentage of revenues. If there are no revenues, remuneration will be based on the total costs, or a minimum fee will be applied. 

For more information and the licensing terms and conditions for livestreams: Livestreams of events

As a private individual, you do not need a licence from SUISA to place non-commercial livestreams on YouTube and/or Facebook/Instagram because SUISA has direct agreements with both platforms (YouTube and Facebook/Instagram). In this context, non-commercial means that no money is charged for the livestream and that it is not produced by or for a company. Charity actions whose proceeds go entirely to the needy, as well as religious services and association events qualify as non-commercial provided no money is charged.

On social media: whenever money is charged for the livestream, or if it is streamed by or for a company.

On your own website: as a rule, whenever you use music protected by copyright.
Exception: a performing artist (e.g. a band) which only ever plays its own compositions (“own use”).

Usually, such messages tell you who the objecting rightholders are.

In this case, it is advisable to contact the person or organisation concerned: that is the best way of finding out why the notice appeared.

YouTube treats archived livestreams exactly the same way as any other uploaded videos: rightholders who can claim content in the videos are able to display advertising.

The advertising revenues are then shared between YouTube and the rightholders.

This is admissible; you can only avoid it by using music which you have composed and produced yourself in the video.

That depends: if you do not play music from a recording (and only stream concerts, for example), you can assume that the stream will not be blocked. However, SUISA is only responsible for copyrights and not for recording rights which are represented by the labels. Therefore, if you play music from recordings, you need to contact the labels to avoid blocking.

If you livestream music, you need a licence for the copyrights in accordance with the Licensing terms and conditions for livestreams.

Important:
If you are planning to stream commercially available recordings (e.g.C Ds, MP3s, or music from streaming platforms), depending on the platform and rightholders, the livestream may be blocked.

Tip: Read more on this subject in the SUISAblog article "Information on live streams for SUISA members"

Registration forms are found on our website here: Livestreams of events

1. From your organ/live/concert
   a) on social media: the rights are generally regulated by contracts with the platforms. You do not need a licence from SUISA.
   b) on your own website: you must obtain a licence from SUISA in accordance with the livestream licensing terms and conditions 
    
2. From recordings
   a) on social media: you should expect the stream to be blocked (see FAQ 6)
   b) on your own website: in addition to the authors’ rights, you need licences from the labels.

Yes, you must obtain a licence in accordance with the livestream licensing terms and conditions.

Important:
DJ sets usually contain music recordings in respect of which the record companies or labels hold the recording rights.

Many labels expressly prohibit DJ livestreams on social media, and often automatically block them.

To livestream on your own website, you additionally need to license the recording rights directly from the labels. Without a licence, you will be infringing those copyrights and risk prosecution.

Tip:
According to SUISA, Mixcloud is currently the only platform that has concluded agreements with most major labels for DJ livestreams. To be on the safe side of the law, we advise you to only livestream your DJ sets there.