Producers of audiovisual works

Since SSA manages the broadcasting rights and other rights relating to public performance, as well as the reproduction and making available rights of its members, the contract between a member and a producer needs to 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 such rights.We therefore recommend that you use the model contracts provided by SSA for this purpose, containing such 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..... The latter guarantees that all necessary rights are acquired, the statutory rights and duties of the authorNatural person creating a work vis-a-vis SSA are respected and a correct distribution system is applied.

If a producer lets a third party exploit the works in question, the 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.... needs to be transferred to the relevant contract.

Contracts with broadcasters in certain countries (cf. model contracts) need to contain provisions that determine:

that the authorNatural person creating a work of 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 member of a collective management organisationThere are five collective management organisations (CMOs) in Switzerland for authors' and related rights: ProLitteris, SSA, SUISSIMAGE, SUISA, SWISSPERFORM...;
that the collective management organisationThere are five collective management organisations (CMOs) in Switzerland for authors' and related rights: ProLitteris, SSA, SUISSIMAGE, SUISA, SWISSPERFORM... shall take care of the perception of broadcasting rights;
that the remuneration for the authorNatural person creating a work is not included in the sales price of 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.....

Provisions to this end shall also be included in contracts with co-producers.

Furthermore, 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.... issued by SSA shall be required in the case of reproductions (DVD, Blu-ray) and cases of making available (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.... etc.).