Join SUISA

SUISA is the co-operative society for authors and music publishers in Switzerland and Liechtenstein. As a collective rights management organisation, SUISA is tasked with exploiting the musical rights of its members, in other words, with turning such rights into money. SUISA represents the rights of some 45,000 members, namely: 

• authors (composers, lyricists, arrangers)
• music publishers, and
• their legal successors (e.g. heirs)
   

Why SUISA is important for authors and publishers
SUISA has been protecting the rights of its members and of countless foreign rightholders since 1923, ensuring that they receive fair remuneration for the use of their works outside the private sphere.

SUISA represents the interests of music-makers; it lobbies political circles for fair framework conditions and copyright legislation. Because without copyright law, creative people would be unable to earn a living from their work.

Why SUISA is important for customers
SUISA is also there for its customers, namely for those who use music outside the private sphere. Without SUISA, they would have to obtain rights of use from each individual author and each individual publisher. Thanks to SUISA, customers in Switzerland and Liechtenstein can, with the corresponding licence, access the entire world musical repertoire from a single source.

SUISA belongs to its members. Its most important body is the annual General Meeting. At this meeting, voting members decide on important matters such as the annual financial statements and amendments to the Articles of Association, and elect their representatives to the Board of Directors and other bodies.

SUISA’s Board of Directors consists of a president and 14 board members. Authors and publishers are both appropriately represented. In addition to member representatives, currently 11 in number, 3 representatives from the business community and one member of parliament sit on the Board. The core duties of the Board of Directors include decisions on the Distribution Rules and the appointment and supervision of SUISA's Executive Committee.

The Executive Committee is responsible for implementing the business strategies decided by the Board. It manages the daily business and has overall responsibility for revenues and the distribution of remuneration to entitled parties.

Legally, SUISA is organised as a co-operative. The key feature of a co-operative is the economic self-governance of its members. SUISA is a not-for-profit organisation; after deducting its administrative costs, all earnings are distributed to the entitled parties.

SUISA is a private-law entity and does not belong to the State. As a collective management organisation, SUISA must satisfy a whole series of statutory requirements and is placed under the oversight of the Federal Intellectual Property Institute (IPI).

SUISA is the Swiss Society for the rights of authors of musical works. It represents music authors (i.e. composers, lyricists and arrangers) and publishers. SUISA ensures that music creators receive fair remuneration when their musical works are used in public (e.g. as background music in a restaurant or shop, in dance or fitness studios, or at concerts and parties). SUISA gives customers access to the entire world musical repertoire, from a single source.

Serafe is the collection agency for radio and television dues. In Switzerland, every household is required to pay a fee to finance radio and television broadcasters. The lion’s share of these fees go to the various SRG-SSR (the Swiss broadcasting company) channels, but this levy also serves to finance numerous private radio and television stations in Switzerland’s four language regions.

Serafe took over from Billag in 2019.

We use the term SUISA members because SUISA is a co-operative society owned by its members. SUISA members are authors (composers, lyricists, arrangers), music publishers and legal successors (e.g. heirs) of these two groups of persons.

Whosoever uses music outside the private sphere must have permission – i.e. a licence - to do so, and is automatically a customer of SUISA. Examples of music use outside the private sphere are concerts, parties, or background music in shops, bars and restaurants.

 
For further information about the licensing procedure and required licences, see: https://www.suisa.ch/en/Kunden.html

SUISA co-operates with other collective management organisations in Switzerland and abroad.
 

The Swiss collective management organisations
There are four other collective management organisations in Switzerland apart from SUISA, each managing a distinct repertoire.

• ProLitteris: literature, photography and the visual arts
• Suissimage: audiovisual works (films)
• Société Suisse des Auteurs (SSA): theatrical and audiovisual works (films)
• SWISSPERFORM: rights of performing artists and producers of music and films, as well as broadcasting companies

The five organisations pursue common goals and collaborate closely to achieve them, e.g. through common tariffs and joint lobbying for the rights of their members. In the case of lobbying activities, through Swisscopyright they speak with one voice in dealings with politicians and authorities: www.swisscopyright.ch.

Foreign collective management organisations
In most countries, there are organisations performing the same tasks as SUISA. These organisations co-operate on the basis of what are known as reciprocal agreements. This ensures that the rights of SUISA members are protected abroad and that they receive royalties for the use of their works in the relevant countries. In return, SUISA protects the rights of foreign music creators in Switzerland. Consequently, SUISA is able to offer music users in this country the entire world repertoire of music.

An overview of SUISA's reciprocal agreements is presented here: SUISA’s international partners

All membership information is available on the SUISA website here

The following persons can join SUISA as members:

• composers or arrangers of a musical work;
• lyricists, arrangers or translators of the lyrics of a musical work
• heirs or successors of an author
• music publishers

You are initially admitted to SUISA as an associate member. Once you have been an associate member for at least one year, and have received a total of at least CHF 3,000 in royalties during this period, you will be admitted to SUISA as an ordinary member, with full voting and election rights.

To join SUISA, you pay a one-time entry fee. There is no additional yearly membership fee.

Authors CHF 200
Publishers CHF 400

SUISA’s administrative costs for rights management are financed by a percentage cost-coverage deduction charged to your income – from uses in Switzerland and Liechtenstein as well as abroad.

You will find the current cost-coverage deductions on the following page:
SUISA’s cost-coverage deductions

Generally speaking, you yourself decide whether, when and under what name your work is published. That means, for example, that you can decide whether your work is broadcast on the radio, performed in public, published on a CD or other sound carrier, disseminated on the internet, and whether it can be arranged.

You may make your consent to the use of your work conditional upon receiving a share of the proceeds. This is customary. And it is how you obtain a royalty for your work as composer, lyricist or arranger.

If you join SUISA, SUISA will handle the licensing of the rights of use and the collection of royalties for your account. SUISA is obligated to grant all users a right of use as long as they pay a fee. You retain the right to decide about the first publication and any arrangement of your work.

SUISA represents the interests of the composers and lyricists of musical works.

If you work solely as a performing artist, i.e. you only sing or play an instrument, then the proper contact point for you is SWISSPERFORM, not SUISA.

But if you are both a composer and a performer, you should join both SUISA and SWISSPERFORM.

Yes. Authors who are not members of SUISA may manage their own rights. They can negotiate royalties directly with the users of their works.

However, individual rights management is complicated and extremely costly in terms of time and effort. How can an author find out when one of their works is played on the radio, for example, and that anywhere world-wide?

Things are even more complicated in the case of mass uses, on the internet in particular. Individual rights management is extremely difficult, if not impossible in such cases.

Please contact advertising@suisa.ch with the following information:

• customer’s name
• title of the commercial,
• media plan (when and where the commercial is broadcast)
• in the event of online broadcasting, the URLs

This service is available to SUISA members only.

Yes. SUISA has concluded reciprocity agreements with over 100 collective management organisations worldwide.  If you transfer your rights to manage your music worldwide to SUISA, SUISA will ensure that your rights are duly managed abroad.

This works as follows: If your work is performed abroad, the organisers have to pay the royalties to the competent collective management organisation in their country. That organisation then remits the money to SUISA – and SUISA remits it to you.

For an overview of all foreign collective management organisations with which SUISA works, follow this link:
SUISA’s International Partners

For further information about music use abroad, see SUISAblog:
Play abroad, communicate with SUISA at home

Together with the General Terms and Conditions (GTC), the Rights Administration Agreement (RAA) is the most important legal basis between SUISA and its members. It is the basis empowering SUISA to manage certain copyrights on behalf of its members.

By signing a rights administration agreement, members instruct SUISA to manage their copyrights on a fiduciary basis for their account – in Switzerland and abroad (via SUISA’s sister societies). In other words: SUISA ensures that users of music pay royalties, it collects these revenues and distributes them to its members.

For detailed information on the individual provisions of the Rights Administration Agreement, please see the “Explanatory note on the rights administration agreement”.

No.  You are free to decide how you wish to regulate the use of your music with a publisher. However, as regards the publisher’s share of the royalties, you must respect the limits set in the Distribution Rules.

Clauses in publishing agreements which provide that performance, broadcasting or reproduction rights should be transferred to the publisher as “ancillary rights” are invalid if you have already transferred such rights to SUISA under the rights administration agreement.

SUISA treats all rights equally – regardless whether they were transferred to it directly by the author, or indirectly through a publisher.

Yes, you can also be member of a foreign collective management organisation. However, foreign sister societies do not operate directly in Switzerland and Liechtenstein –- SUISA represents them here. 

So if you join a foreign society, this means that SUISA manages your rights in Switzerland and Liechtenstein. It collects the royalties and passes the settlement on to the society of which you are a member. The latter then pays you your money.

Online uses through certain music platforms operating in several countries at a time are the exception. In such cases, certain societies – including SUISA – grant multi-territorial licences.
 

For more information, follow this link: Online Uses

You can also be a member of several collective management organisations at the same time, in order to decide your own geographical regions for example. But this also has disadvantages: you will have to deal with the formalities of several different societies, especially when registering your works, and cope with tax issues like double taxation.

For further information on double membership, see here (SUISAblog).

SWISSPERFORM represents the rights and remuneration claims of performing artists, producers and broadcasters relating to their performances and services.

In this case, it is not a matter of protecting musical works (compositions), but of protecting services allowing the works to be heard and distributed, for example through the production of a recording. In copyright law, these rights are referred to as “related rights” (i.e. neighbouring rights).

SWISSPERFORM asserts claims against users arising from the secondary use of performing artists, producers and broadcasters’ rights. A possible illustration is a radio broadcast of a commercially available recording.

Pseudonyms can be registered in My Account under the heading “General inquiries / membership”

As a composer, lyricist or arranger, you are free to choose one or more pseudonyms. In choosing a pseudonym, you should seek to avoid any confusion with other music creators. Before you decide on a pseudonym, we advise you to conduct an online search. You can thus check if the desired name is already being used by someone else.

If you are not sure, you can contact SUISA and inquire.

SUISA can grant advances against future revenues. The amount of the advance is determined based on your average income in the last two or five years.

Advances are free of interest and there are no special application formalities to complete. SUISA grants such advances twice a year at the most.

You may apply in the “My Account” area, under “General inquiry / Other inquiry”.

Yes. DJs can join SUISA if they compose music, write lyrics, or arrange works. Remixers are also considered arrangers – and therefore qualify as authors.

But if you only play back music and neither create nor arrange any works of your own, you cannot as a rule join SUISA.

Joining SUISA

No. Band members can only join as individuals – and only if they are the authors of the music or lyrics.

Every band member who participated in composing the song or writing the lyrics must apply separately for membership.

To join SUISA as a publisher you must show that you already work as an original publisher or sub-publisher. Once you have concluded publishing contracts with authors or other publishers, you may apply for membership. Your application must include

• a duly completed application form;
• a copy of the extract from the commercial register (mentioning the publishing activity) or, for firms that are not registered, an equivalent document for your firm;
• declarations for the works published by your firm, accompanied by the relevant publishing contracts and supporting documents.

To join SUISA, you pay a one-time entry fee of CHF 400 (including VAT).

Once you have signed the rights administration agreement for publishers and paid the entry fee, you qualify as an associate member of SUISA. After a period of at least one year, and provided you have earned the minimum amount of royalties set by SUISA's Board, you become a full member. Membership entitles you to vote at, and be elected by, the General Meeting. 

The most suitable legal form for a publishing house depends mainly on the type and scope of your planned publishing activities. The following legal forms may be suitable depending on the circumstances:

• One-man firm 
  Suitable for activities conducted on a small scale by one person; simple and inexpensive; registration with the commercial register is mandatory as of CHF 100,000 in turnover. Disadvantage: liability extends to all assets – personal assets included. 
   
• General partnership (Kollektivgesellschaft)
  Suitable for small publishing houses whose partners are willing to fully commit themselves, their work and their assets.  Registration with the commercial register is compulsory and it is advisable to conclude a partnership agreement. Disadvantage: the liability of each partner extends to all his assets – personal assets included. 
   
• Limited liability company (GmbH/Sàrl))
  Suitable for small- and medium-sized undertakings; CHF 20,000 minimum capital requirement. Registration with the commercial register is compulsory; a public notary is needed for the incorporation of the company. Advantage:  liability is limited to the company’s share capital.
   
• Public limited company (AG/SA)
  Suitable for large and medium-sized publishing houses; minimum share capital requirement CHF 100,000. Registration with the commercial register is compulsory; a public notary is needed for the incorporation of the company, and the tax rate is higher. Advantage:  liability is limited to the company’s share capital.

Ordinary partnerships do not have their own legal identity and cannot therefore be members of a cooperative society.

Further information is available from a notary or the commercial register or at the following website www.gruenden.ch

Firstly, the provisions of the Civil Code on the formation of companies must be observed (Article 944); the rules vary depending on the legal form of the company. Care must be taken to avoid a name which is liable to be confused with that of another company. We therefore recommend that you check with SUISA's publisher division before you make your final choice. E-Mail

Companies are protected by corporate law as soon as they are entered in the commercial register. Moreover, the law protects anyone against unfair competition if he can show he was first to use a name. It is also advisable to file the name as a brand name with the Federal Institute of Intellectual Property – for Switzerland at least, and maybe even internationally.

Link IGE

Publishers and authors (composers, lyricists and arrangers) sign an original publishing agreement. Under the terms of that agreement, the publisher undertakes to artistically and economically exploit the works transferred to him, at his own cost and risk. In particular, this involves

• producing and distributing scores of the work (own publishing rights);
• finding a record company to distribute recordings of the work;
• finding a producer to use the work for a film;
• advertising on radio stations
• finding an artist to record the work; or
• finding a musician to arrange the work.

In other words, the publisher of a work is the manager of the work. A publisher is not a record company. The publisher has to find a record company to produce and release the work. For economic reasons, however, many record companies have their own publishing departments and can handle both sides of the business.

An original publishing agreement is an agreement concluded between a publisher and an author (i.e. a composer, lyricist or arranger). By this agreement, the author entrusts his works to the publisher for publication, granting him the necessary rights for that purpose. In exchange, the publisher undertakes to distribute the work within a reasonable period and to remunerate the author. Such agreements are generally concluded for an indefinite duration expiring at the end of the copyright protection period, i.e. 70 years after the author's death. SUISA only recognises publishing agreements with a term of at least 3 years.

In practice, a distinction is made between two kinds of publishing agreement: on the one hand, the normal publishing agreement, known as a "Specified Agreement", which only applies to the work specified in the agreement; and on the other, the publishing agreement known as a "General Agreement" (or author's exclusive agreement), covering all an author's works, including those he has yet to create.

Music publishing – also an art

Link to specimen agreement

Original publishing agreements must contain and regulate the following points at least:

a) Name and address of the contractual partners

b) Title of the work, name of all authors 
As a rule, agreements cover one or more works, for example all the titles on an album (Specified Agreement). All the participants in a work must be clearly named in the agreement or in an annex to the agreement. The agreement or the annex must contain the following indications:

• title of the work
• full names of all composers
• full names of all lyricists
• full names of all arrangers

c) Transfer of rights
Under a publishing agreement, the author usually grants the following rights to the publisher:

• Graphical rights: the publisher has the right to publish the work as a score, or to print the lyrics.
• SUISA rights: these are the rights which the author has assigned to SUISA under the rights administration agreement; they include performance and broadcasting rights and mechanical rights. They are therefore transferred to the publisher for “joint administration” with SUISA.
• Other usage rights: these are all the rights that qualify neither as graphical rights nor as SUISA rights, namely and in particular, arrangement rights, the right to use the work for advertising purposes, and synchronisation rights. In other words, a publisher may authorise a third party to arrange the work, use it for advertising purposes, or use it in combination with another work (e.g. for a film) against payment.

d) Obligations of the publisher 
In a publishing agreement, the publisher usually assumes the following obligations:

• obligation to publish
• commitment to the work during the term of the contract
• to always publish the work with the authors’ name
• obligation to inform

e) Remuneration
The revenues from the exploitation of a work are generally apportioned as follows:

• Graphic rights or publishing rights: the author receives between 10% and 15% of the retail price.
•  SUISA rights: distributed by SUISA in accordance with the regulatory distribution key. As a rule, the regulatory distribution key is:
  • Mechanical rights: the publisher receives 40%; this percentage increases to 50% if the publisher assumes the sound (and audiovisual) recording production costs. The author thus receives a share of 60% or 50%, as the case may be.
  • Performance and broadcasting rights: the publisher receives 35% and the author 65%. The publisher also receives a share of the royalties when the work is performed in concert or broadcast on the radio.
  • Other usage rights: the income from other uses, such as advertising, is generally split equally between the publisher and the author.

f) Duration
The contractual term is the period of time during which the publisher is entitled to exploit the assigned rights in the work. The contractual parties may set the contractual term at their discretion. Publishing agreements are often concluded for the "legal term of copyright protection", namely for 70 years from the date of the (last surviving) author’s death. That is the maximum legal duration. Three years is the minimum term set by SUISA.

g) Contractual territory 
Publishing rights may be granted for the whole world, or rights may be assigned only for a specific territory. The publisher must manage the assigned rights for the whole of the contractual territory. But since many publishers do not have foreign branches, they usually entrust the foreign rights to sub-publishers in the different countries. Since in that case a third party is entitled to a share of the publishing income, the author’s share is reduced.

h) Bankruptcy clause
Every publishing agreement should contain the following clause: “If insolvency or bankruptcy proceedings are initiated by or against the publisher, if he liquidates his business or if he is otherwise incapable of paying his debts, this agreement shall immediately terminate and all rights granted to the publisher hereunder shall automatically revert to the author.”

i) Place, date and signature of all contractual partners

A co-publishing agreement is a contract concluded between two or more publishing houses covering works co-authored by several authors who are contractually tied to different publishing houses. Co-publishing agreements regulate how the publishing duties are divided between the participating publishers. 

A sub-publishing agreement is a contract regulating the relationship between the original publisher and the sub-publisher who is granted sub-publishing rights in one or more works for a specific territory. SUISA requires sub-publishing agreements to have a minimum duration of three years. Such agreements may be extended at maturity. 

In practice, a distinction is made between two kinds of sub-publishing agreement:

• firstly, the normal sub-publishing agreement which only applies to the works explicitly specified therein (Specified Agreement, also known as an option agreement);
• and secondly, sub-publishing agreements which are not limited to the works already published at the execution date but also cover works which may be subsequently acquired for publication (General Agreement).

Specimen agreement

With regard to mechanical rights, the agreement must specify which basis is used for calculating the sub-publisher's share:

• production: the sub-publisher is entitled to a participation in respect of all sound recordings produced in the contractual territory, regardless the country of sale, or
• sale: the sub-publisher is entitled to a participation in respect of all sound recordings sold in the contractual territory, regardless where they were produced.

Publishers register all their sub-publishing agreements for all territories with SUISA via the member portal ‘My Account’.