Work registration 

You can only register works with SUISA in which you hold a share. Moreover, to register a work, you need to be registered with SUISA as an author or publisher.

As a rule, you must register your works online at:
www.suisa.ch/my-account

Exceptions: Certain types of works still need to be registered in hard copy:

• works composed for an audiovisual production (e.g. films)
• arrangements of original works no longer protected by copyright (free works)

The relevant forms are available here:
https://www.suisa.ch/en/Musikschaffende/Werkanmeldung.html

A work must only be registered once, preferably before first publication. If the work is subsequently used in another form – e.g. in a film – it does not need to be registered again provided neither its title nor the shares have changed.

NB. SUISA only manages rights in non-theatrical music. Please only register suchworks. The SSA is responsible for theatrical works such as operas or musicals.

When a person takes another’s work and releases it as their own (with or without changes), they are guilty of plagiarism.  Plagiarism is a theft of intellectual property.

Unfortunately, such cases cannot be prevented. But you can take steps to conclusively prove your authorship in the event of a dispute. The following can help:

• if you are a member of SUISA, register your works with SUISA.
• SUISA members – and non-members – should send themselves a recording of the work (on a CD or USB stick for example) or a copy of the score by registered mail. Important: Do not open the envelope or package.
• You can deposit a copy of the work with a specialised institution.

Another option is to store audiofiles or PDFs on Cloud memories with bank-level standards e.g. on Procloud. The date and time of uploading on this type of secured server can also serve as proof.

SUISA manages the rights to non-theatrical music: it does not manage any rights to theatrical musical works. Theatrical musical works are works with a plot portrayed by persons playing set roles which rely on music to such an extent that they cannot generally be performed or broadcast without it; examples of such works are musicals, operas, operettas and narrative ballets. All other musical works are non-theatrical musical works and SUISA manages the corresponding rights. Musical works contained in films or other audiovisual or multimedia works do not qualify as theatrical musical works except in the case of films of theatrical musical works.

Other non-theatrical musical works are:

• musical works for dance works which can be used without dance;
• concert versions of theatrical musical works; and
• 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.

The rights to theatrical musical works are managed directly by the author, his publisher or by the SSA.
 

The rights administration agreement concluded between you as the author and SUISA covers all the works created by you. It is not possible to exclude individual works from the agreement.

This means that, as a rule, all your works must be registered.

However, you need only register works that are actually used in public – i.e. that are performed, broadcast or disseminated.

Important: SUISA does not pay royalties for works which have not been registered.

Each title on an album must be individually registered with SUISA – even if all the songs have the same participants.  SUISA always accounts per work, not per album.

When registering works online, you can use previously registered works as a template. That way you do not have to re-enter identical data and you can save time.

Titles should be chosen so that works are clearly identifiable. Avoid titles which are too general or too frequently used: they may lead to confusion.

If you publish several versions of a given work, you should distinguish these clearly in their titles – by additions like “radio edit”, “featuring…”, or “remix”, for example.

If a work is published in more than one language, enter the corresponding title on the registration form as an alternative title.

Important: In the case of digital publications or sound recordings, make sure that the title of the work is written the same way everywhere. Different spellings or diverse titles may prevent SUISA from properly classifying the work – with the result that no remuneration can be paid.

Depending on the type of work, SUISA may need additional documents with the registration form:

• for published works: a copy of the publishing agreement
• for arrangements of protected works: written permission from the rightholder(s) –namely the publisher or the composer of the original work
• for setting a protected text to music: permission from the publisher and, if applicable, the poet or his or her heirs
• For arrangements of free works (e.g. by an author who has been dead for 70 years or longer, or in the case of traditional folklore pieces):
  • the master source copy used, and
  • a sample copy of the arrangement so that SUISA can verify whether the work is copyrighted.

Irrespective of the type of work, SUISA may require you to provide a sample copy in a prescribed format with your registrations of works.

In the “distribution key” section of the registration form you can indicate how revenues from the work are to be distributed between participants.

You have two options:

• Automatic distribution in accordance with SUISA’s Distribution Rules: if you choose this option, distribution will be in accordance with the current version of SUISA’s Distribution Rules.
• Manual entry of distribution key: if you wish to enter your own distribution key, you must comply with the mandatory provisions of the Distribution Rules.

For further information, we refer you to this page: SUISA Distribution Rules

In Switzerland, a musical work is protected by copyright up to 70 years after the author’s death.

If several persons co-authored a musical work, the 70-year term starts running from the death of the last author to die.

The IPI number is an international identification number for authors and publishers. It serves to unequivocally identify the participants in a work world-wide. All IPI numbers are stored centrally in the IPI system. This system is an essential part of the global data exchange between collective management organisations.

Whoever joins a collective management organisation – like SUISA for example – is recorded in the IPI system and is automatically assigned an IPI number.

If you are a member of SUISA, you will find your IPI number in the members data area of “My Account”.

The IPI number of all entitled parties is also shown in the public works database – this is how you can find other authors’ IPI numbers.

Read more about the IPI number in the SUISAblog:
https://blog.suisa.ch/en/what-is-the-ipi-number/

If you have co-authored a work with another author who is member of a different collective management organisation, you must register the work like any other with SUISA.

Please indicate the following particulars of your co-author on the registration form:

• Surname and first name
• IPI number
• Name of your co-author’s collective management organisation

Yes. SUISA records participants exactly as indicated on the registration form. If you register a work under a pseudonym, the work will be recorded in the system under that pseudonym.

Important: Before you register a work under a pseudonym, please make sure that you have already registered the pseudonym with SUISA. You will find your registered pseudonyms under your personal data in “My Account”.

As a composer, lyricist or arranger, you are free to choose one or more pseudonyms. These names are confidential and will not be published.

NB: Some pseudonyms may be confused with the names of other music creators. Accordingly, when you select a pseudonym it is advisable to first ask SUISA whether the name or a similar name is already taken.

If possible, the title of a work which is already registered should not subsequently be changed. If, however, a work is given a new or an additional title – in another language, for example – it must be registered with SUISA. To do so, use the function “General inquiry/Work documentation in “My Account”.

Changes in participants must be promptly announced. If a new co-author joins, the written consent of the existing authors is required.

If a work or part of a work is transfered to a publisher, the relevant publishing agreement must be provided.

The following changes do not need to be registered:

• new instrumentation
• change in the length of a work

This information is not relevant for the distribution of royalties as long as there are no changes in the shares. For distribution purposes, SUISA relies on the indications in the programmes (e.g. concert programmes or playlists).

Works that are reported to SUISA via usage reports are first provisionally recorded in the database – based on programme or broadcasting lists. In this case, the name of the first person on the list is provisionally entered with a 100% share. This entry does not impact the subsequent distribution.

The royalties for such works will first be accounted when the work is properly registered and fully documented. Meanwhile, the revenues are reserved for five years at the most.

What should you do when you see provisional works in your list of works?

• If the work is not yours:
  Please announce this in “My Account” under "General inquiry/Work documentation".
  If you have played the work as a performing artist and know who the author is or which performing artists are otherwise in the repertoire, please also inform us.
• The work is yours but it is not registered yet:
  Send in the registration indicating under comments that a provisional work already exists under this number.
• The work is yours but is registered under a different title:
  Inform us about the previously registered work in “My Account”, under "General inquiry/Work documentation". SUISA can then link the provisional work with the right work.

For further information, see the SUISAblog:
https://blog.suisa.ch/en/why-are-there-provisional-works-in-my-works-database/

Various abbreviations are used in SUISA’s database. They have the following meaning.

Entitled party abbreviations:

• C: Composer
• A: Lyricist/writer
• CA: Composer and lyricist
• AR: Arranger
• E: Publisher
• SE: Sub-publisher
• SR: Sub-arranger
• SA: Sub-lyricist/writer

Distribution key abbreviations

• P&B: Performance and broadcasting rights
• Mech: Reproduction rights (e.g. recordings, downloads)

International identifier abbreviations:

• ISWC International Standard Work Code – the international work number
• ISRC: International Standard Recording Code – the international number for a recording

When two or more people work together to create a work, that work is a jointly-created work.

A work is not jointly created if an existing work was used to create a new work – for example in the case of setting to music, adding lyrics or arrangements.

Whether a work was jointly created or not impacts various aspects:

• Term of protection: The term of protection for a jointly-created work ends 70 years after all the participating composers and lyricists have died.
• Registration of works: When several persons participate in a work, it must be specified whether the work was jointly created.
• Arrangements and changes: If a work was jointly created (and nothing to the contrary was agreed), changes and arrangements – including new registrations or changes communicated to SUISA – are subject to the consent of all participants. This applies to changes in content as well as to changes in participant-related data.
• Publishing and use: The same applies here. If a work was jointly created and no special agreements exist, the work may not be published or used without the consent of all the authors.
  Consent for normal uses may not, however, be unreasonably withheld. If the contributions of the participants can be clearly delimited, participants can use their own contribution independently as long as that does not affect the use of the work as a whole.

The two declarations serve different purposes: the sound recording declaration filed by the record producer is necessary to obtain a sound recording production licence from SUISA. It is an application for a licence.

The declaration of works filed by an author and/or a publisher enables SUISA to register the musical work and the participating authors and publishers: without a declaration of musical works, SUISA cannot pay royalties.

NB: A sound recording declaration does not replace the individual declarations of works.

No.  The standard repertoire is a list of the musical works that you regularly perform live.  SUISA needs these lists to distribute the remuneration paid by the organiser to the entitled parties

Works of your own composition listed in the standard repertoire must be filed separately with SUISA by means of a registration of musical works.

If you perform regularly as a musician and always play titles from the same repertoire, then you can ask SUISA for a standard repertoire card so that you do not have to fill in a programme form for each show.

An arrangement is when a new protected work is created from an existing work whereby the original character of the latter remains recognisable.

Typical examples of arrangements are:

• works orchestrated for different instruments,
• lyrics translated into another language.

Such arrangements are independently protected by their own copyright.
 

The following modifications do not qualify as arrangements:

• adding dynamic or agogic signs
• adding musical phrasing symbols
• entering finger positions (fingering)
• registrations for organs or other keyboard instruments
• flourishes
• translating an old musical notation style into the current notation style
• correcting clerical mistakes in the original and similar improvements
• transferring music into other keys or pitches (transpositions)
• editing out individual voices
• exchanging or doubling voices
• adding purely parallel voices
• allocating existing voices to other instruments (simple transcription).

For further information, we refer you to the SUISA Distribution Rules

Arrangements of free works:
A musical work is free upon expiry of the copyright. Free works can be arranged or altered without permission.

Find out about the types of arrangement and how they can be registered with SUISA in the SUISAblog:
https://blog.suisa.ch/en/arrangement-of-works-in-the-public-domain/

Arrangement of protected works:
If a work is still protected by copyright, you need the express consent of the rightholder(s) before you can undertake its arrangement. The same applies to translations and to the setting to music of protected texts. Depending on the circumstances, permission must be obtained from the author, the author's heirs or from the relevant publisher. This permission is a prerequisite for registering your arrangement with SUISA. It is also the basis for your participation in the revenues from the work.

SUISA helps its members trace the relevant rightholders and their contact information.
Contact: repertoire@suisa.ch

For further information about the arrangement of protected works - including how to obtain permission for an arrangement and which points should be covered – see the SUISAblog:
"Arranging works protected by copyright"

For information about setting protected texts to music – with notes on permission to set to music - see:
https://blog.suisa.ch/en/setting-to-music/

Copyright law protects works in their entirety as well as their individual parts provided such parts qualify as as works in their own right. This means that the melody, a solo, or other elements of a work may therefore be protected by copyright and cannot be freely used if, when standing alone, they constitute a work with a recognisable individual character.

Whether a part of a work is actually protected by copyright should be examined on a case-by-case basis. The more original and marked the characteristics of the sampled element, the less likely it is you will be able to use that element for free.

The claim that sampling is free up to two measures, nine tones or 10 seconds of music, for example, is entirely unfounded. There is no clean demarcation between lawful sampling and unlawful sampling.

If you want to include a protected sample of a third-party work in a new work which you intend to publish, you have to hold the necessary rights.  For this purpose, you need to conclude a sampling agreement with the publisher or the author of the original work.

Samples are often taken from works which are commercially available in the form of a CD or a download. In this case, you must also ask the record company for permission since it holds the recording rights.

For further information about samples and remixes –- including the rights involved and agreements required to register such works with SUISA –- see the SUISAblog: https://blog.suisa.ch/en/sampling-and-remixes/
 

There are three types of remix depending on who produces the remix and whether or not samples from other works are used:

1. Remix  by the author of the original work – without samples from third-party works:
   In this case, the remixer needs permission from the record company which published the original recording. 
   If the original work was co-authored by several persons, permission from the co-authors must also be obtained.
    
2. Remix by the author of the original work – with samples from third-party works:
   In addition to permission from the record company and any co-authors, the remixer needs permission from the rightholders of the samples, in other words from:
   . the author or publisher of the third-party work (for the rights in the work), and
   . the record company (for the rights in the recording)
    
3. Remix by a third party – with samples from third-party works:
   A third party who remixes a work needs permission from:
   . the author or publisher of the original work (rights in the work), and
   . the record company which published the original (for the recording).
   These agreements also regulate the rights in the original sample. If the remix version contains samples from other third-party works as well, separate agreements have to be concluded with the relevant rightholders (authors, publishers, record companies).

For further information about samples and remixes –- including the rights involved and agreements required to register a remix with SUISA –- see the SUISAblog:
https://blog.suisa.ch/en/sampling-and-remixes/

Ready-made beats are very popular with music creators. You should, however, be aware that your “purchase” does not as a rule cover all the rights in the beat but only a certain right of use – in the form of a licence.

If you buy ready-made beats, you must make sure you know exactly which uses are allowed and which are not. This applies for example for the reproduction of the beat (e.g. for CDs or streams) or its arrangement.

What to consider when concluding a licence agreement for a beat is explained in detail in the SUISAblog:
https://blog.suisa.ch/en/the-beats-from-others-but-your-own-songs/

A cover version is a musical work that is deliberately reproduced and possibly reinterpreted - a cover version basically stays very close to the original. Cover versions do not go as far as arrangements  because the musical work is not given any new individual character. Conversely to arrangements, cover versions cannot be independently protected by a separate copyright. 

Works created with the help of artificial intelligence can in principle and under certain conditions be registered with SUISA.

Works generated exclusively by artificial intelligence without any human creative input on the other hand are not protected by copyright and cannot therefore be registered with SUISA. When authors sign the SUISA rights administration agreement, they undertake not to register any musical works that are pure artificial intelligence products.

When artificial intelligence serves only as a tool – for example to generate ideas which are then developed into new works through human creativity – it is a different matter. In this case, there is a human creative contribution so the work is protected by copyright, and as its author you can register it with SUISA.

If only part of a work is generated by AI, for example only the lyrics or the music, and the other part was created by you, you can register the work as follows:

1. Music generated by AI, lyrics created by the registering person:

C: SUISA GENAI Prov
A: Name of registering person

2. Music created by the registering person, lyrics generated by AI:

C: Name of registering person
A: SUISA GENAI Prov

No, because they were entirely generated by artificial intelligence. Only natural persons qualify as authors within the meaning of Article 6 CopA. That is why products generated purely by AI are precluded from copyright protection. Moreover, SUISA’s terms and conditions of rights administration obligate authors to refrain from registering musical works generated solely by artificial intelligence.

This depends on the general terms and conditions (GTC) of the relevant digital distributors and platforms. You must also consider possible restrictions in the GTC of the AI provider.

Find more information in our blog article:
"Artificial intelligence and copyright law" (Link)

Pure AI generated products are not protected by copyright. Only natural persons qualify as authors within the meaning of Article 6 CopA. On the other hand, if AI is “only” used as a tool, the product can be protected by copyright if all the protection requirements are met. Such copyrights then remain with the author even after they cancel their subscription.

No.

If the author created both the lyrics and the music, and only the voice was generated by AI, the author is entitled to 100% of the rights and they can publish the work. However, possible restrictions in the general terms and conditions of the AI provider must be taken into account.