Professional theatres
How to proceed
Application for an authorisation (licence)
Each public performance 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. of the performing arts (e.g. a play, text, choreography, circus, performance or opera) requires an express authorisation by the author(s) via SSA.
This principle also applies to individual performances of a tour. SSA issues this authorisation in the form of a contract after having checked back with the authors or other rights owners in question.
Application form for an authorisation
In the case of guest performances arranged by a theatre or an event organiser, the duty to obtain an authorisation lies with the producer. The obligation to pay authors’ rights remuneration, however, usually lies with venue. The venue shall inform SSA about the performance in advance.
In the case of adaptations or montages of existing texts, the intended amendments must be presented to the authors by means of the annex to the application for an authorisation and via SSA so that the exact range of application can be determined.
It is possible that the procedure to obtain an authorisation may take a while; it is therefore recommended that the application for authorisation is filed three to six months before rehearsals begin. The authorisation is granted for a minimum number of performances within a specific timeframe and a specific territory. Performances outside the scope of an authorisation require a new authorisation.
Once permission for the usages has been granted by the authors, SSA creates a representation contract stipulating the conditions of the authorisation:
- Duration of the authorisation
- Territorial scope of the authorisation
- Financial terms and conditions
- Guarantees
The contract is signed by the producer and the authorNatural person creating a work (or SSA if it has a corresponding power of attorney) while the authorNatural person creating a work shall not be able to deviate from the minimum conditions laid down by SSA in its statutes.
Declaration of income
The organiser or the venue must declare their income by means of our form for the declaration of income within ten days after the end of the performance(s) to SSA. SSA will issue an invoice on the basis of this declaration.
Tariffs
The collection of the remuneration for performing rights shall be made by SSA.
Special cases:
Capture
The recording 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. which has been performed on stage whether in the presence of an audience or not, shall be referred to as “capture”. A capture requires a specific authorisation by the authors. It can be obtained via SSA. If the recording is intended for audiovisual commercial exploitation, a proper contract must be concluded for the capture. SSA created a model contract and a checklist.
Dance companies
Commissioned works
Compensation for the effort put into creating 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. commissioned by a producer of events (company, association etc.) is usually paid in the form of a honorarium (sometimes also referred to as a “commission premium”). Said premium only covers the time spent creating 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..
It must, however, not include any copyrights linked to the performances (or other uses) that have already been assigned to SSA by the authors through their membership. Such copyrights are subject of a separate contract which is concluded between the producer and SSA at a later stage.
Touring in Switzerland and abroad
In the case of performance tours, the payment of the performing rights must be fulfilled by the producer of the event. The producer may delegate the payment of the copyrightEntirety of legal provisions attributing the author of a work moral and proprietary privileges. fees to the venue on condition that it informs SSA beforehand. This principle shall also apply to tours abroad.
Please do not forget to notify us of your tours by means of your own documentation via email.
School performances
SSA needs to be notified about school performances. In some cases specific tariff conditions shall be applicable.