Infos for work users
General information
Do you want to present, broadcast, make available, copy or distribute a workIntellectual property creation in literature and art (as well as computer programmes) exhibiting an individual and therefore unique character. Said individual character is the prerequisite that a work can be protected. which has been created by authors who are represented by SSA? Welcome – this section is dedicated to you. SSA is also here for you to personally guide you through this process.
The law requires that any user of a workIntellectual property creation in literature and art (as well as computer programmes) exhibiting an individual and therefore unique character. Said individual character is the prerequisite that a work can be protected. must acquire an authorisation from the authors involved. These authorisations can be obtained from SSA if it represents the authors and manages their rights. This shall also apply for adaptations, translations, recordings of works publicly performed, reproductions (copying), making available and further types of usage, such as digital uses.
Read more…
In fact, authors can freely choose whether or not to assign their rights to a collective management organisationThere are five collective management organisations (CMOs) in Switzerland for authors' and related rights: ProLitteris, SSA, Suissimage, SUISA, SWISSPERFORM such as SSA, which will then act on their behalves vis-a-vis the workIntellectual property creation in literature and art (as well as computer programmes) exhibiting an individual and therefore unique character. Said individual character is the prerequisite that a work can be protected. users (voluntary collective managementAdministration of authors' exclusive rights by a collective management organisation. A collective management organisation shall - once said rights have been assigned to it voluntarily - collectively manage them on the basis of the modalities defined by its members.).
In general, each type of use must be the subject of a specific authorisation. It does not matter whether access to the workIntellectual property creation in literature and art (as well as computer programmes) exhibiting an individual and therefore unique character. Said individual character is the prerequisite that a work can be protected. is against payment or free of charge for the public. An authorisation is required and remuneration for authors’ rights must be paid in both cases.
In the case of mandatory collective rightsPursuant to copyright law, the following rights are subject to mandatory management by a collective management organisation: retransmission, private copy, public reception, reprography, rental, educational use, usage including reproduction/copying for internal information/documentation purposes at the workplace. These are areas of usage where the legislator assumes that it is sensible or in fact possible at all that individual authors pursue the... management or a potentially extended collective licenceContract by means of which the rights owner grants the licensee authorisation for specific work usages within a specific period and for a specific territory (on an exclusive or a non-exclusive basis). The copyright is actually not transferred, and the licensee therefore does, in principle, not acquire the right to act vis-a-vis third parties., a different set of modalities shall apply.
Work usage by theatres, theatre groups and event organisers
Performance venues or theatre groups planning to show an existing piece must dispose of an authorisation by the author(s). SSA issues such a licenceContract by means of which the rights owner grants the licensee authorisation for specific work usages within a specific period and for a specific territory (on an exclusive or a non-exclusive basis). The copyright is actually not transferred, and the licensee therefore does, in principle, not acquire the right to act vis-a-vis third parties. after consulting its member(s), bearing in mind that SSA’s minimum tariffs must be observed. The distribution of the respective rights remuneration shall be made by SSA. It supports the users with their research of the rights owners (authors, publishers, arrangers, translators etc.) and also with the necessary steps surrounding the process of obtaining the authorisation/licence. Amateur theatres and school theatres also need to obtain an authorisation/licence.
Work usage by broadcasters (radio and television)
Broadcasters usually enter into a general licenceContract by means of which the rights owner grants the licensee authorisation for specific work usages within a specific period and for a specific territory (on an exclusive or a non-exclusive basis). The copyright is actually not transferred, and the licensee therefore does, in principle, not acquire the right to act vis-a-vis third parties. agreement with SSA. Such agreements safeguard that the respective works may be used and with little administrative effort. The relevant tariffs are determined by contract and therefore do not have to be negotiated case-by-case basis, making the budgeting process easier for the broadcaster.
Read more…
Work usage by audiovisual producers
Producers and authors of treatments, screenplays etc., as well as (film) directors and rights owners of pre-existing lyrics enter into individual agreements. These must contain a rights reservation clauseContractual provision, which stipulates - particularly for users of audiovisual works - that specific rights are exclusively administered by the collective management organisation the author is a member of. regarding the broadcasting rights, the public performance, the making available rights (“on demand”) and the reproduction rights, as SSA manages these rights based on the mandates granted by its members.
It does not matter whether the workIntellectual property creation in literature and art (as well as computer programmes) exhibiting an individual and therefore unique character. Said individual character is the prerequisite that a work can be protected. is intended for cinema, television, video-on-demandMeans of communication in digital networks allowing the user to access audiovisual works of a provider from digital databases from anywhere, at any point in time. Compared to pay-per-view and near-on-video-on-demand, the offer is not linked to any chronological order determined by a programme. This procedure requires temporary reproduction of data on various technical media., virtual reality, transmedia or whether it is exclusively destined for web-only (“web native”) use, the principles remain the same.
Work usage by publishers
Contracts concluded between publishers and licensors must take any rights assignmentContract by means of which authors assign (transfer) all or part of their copyright to a third party.
The latter may subsequently make claims under the assignment against anyone, including the authors themselves. from the authors to SSA into account. In general, the publisher owes the remuneration to the authors; SSA handles the invoicing process.
Read more…
Work usage via internet, social networks and mobile devices
The Internet is a form of technology: workIntellectual property creation in literature and art (as well as computer programmes) exhibiting an individual and therefore unique character. Said individual character is the prerequisite that a work can be protected. usages can take many forms. In particular, a distinction has to be made between simulcastsSimultaneous, unaltered and unabridged transmission of radio and TV broadcasts via internet., webcastsTransmission of works or programmes specially created for and only accessible via digital networks; the provider determines their chronological order., live streaming, making available “on demand” and the sale of digital copies of the works. Usage of protected works via digital networks is subject to the same principles as any other categories of use: an authorisation has to be obtained from the rights owners prior to use. It is possible to delimit the territories where internet users will be able to see or listen to the workIntellectual property creation in literature and art (as well as computer programmes) exhibiting an individual and therefore unique character. Said individual character is the prerequisite that a work can be protected., and to restrict access to a limited audience in general by using the appropriate technologies.
Social networks and video sharing platforms are special cases, not to mention applications for mobile devices. This is a rapidly evolving area and new contexts regularly call for new legal solutions, which differ from one territory to another. In some cases, authorisation (licensing) and remuneration of authors are subject to complementary legal regimes. In Switzerland, for example, this was the case of video-on-demandMeans of communication in digital networks allowing the user to access audiovisual works of a provider from digital databases from anywhere, at any point in time. Compared to pay-per-view and near-on-video-on-demand, the offer is not linked to any chronological order determined by a programme. This procedure requires temporary reproduction of data on various technical media. following a recent legislative change.