Video-on-demand
For 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., i.e. making an audiovisual 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. available in such a way that everyone can have access from the place and at the time they individually choose, it is necessary to obtain 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. from the entities holding the corresponding rights. This may be the production company 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., a distribution company, a rights aggregator and/or a collective management organisationThere are five collective management organisations (CMOs) in Switzerland for authors' and related rights: ProLitteris, SSA, Suissimage, SUISA, SWISSPERFORM.
On-demand services can take the form of either a subscription giving access to many works (a “catalogue”), individual payment for an individual 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. or free public access to one or more works – with or without advertising.
Since 1 April 2020, Swiss law has provided for an inalienable right to remunerationRight to receive remuneration compensating the statutory limitation of exclusive rights. This applies particularly to mandatory collective management. for authors of audiovisual works and performers in such works. The remuneration can only be collected by authorised collective management organisationsThere are five collective management organisations (CMOs) in Switzerland for authors' and related rights: ProLitteris, SSA, Suissimage, SUISA, SWISSPERFORM. SSA is – for all societies in question – the managing society in charge of Common Tariff 14, which was negotiated with the representative associations of users. It has been approved by the competent Federal Arbitration Commission on 22 November 2021 and applies from 1 January 2022.
The tariff is published here. You also may contact our VOD project manager: vod[at]ssa.ch
Prior to this date, the use of works in the form 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. is managed by SSA on a contractual basis. Similarly, creative contributions under copyrightEntirety of legal provisions attributing the author of a work moral and proprietary privileges. and works which would not fall within the scope of the Common Tariff 14 will continue to be managed by SSA on a contractual basis, provided they fall within its repertoireEntirety of works of a certain administration category. Express authorisation from SSA prior to use is required and ad hoc contracts are concluded with the users in question.
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Please note: audiovisual works generally include music that requires a specific 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.. SUISASwiss cooperative managing the rights of authors of musical works. SUISA represents the so-called "small rights". Those rights include non-theatrical musical works, concert versions of theatrical and musical works for feature and TV films. SUISA issues a licence to its customers, i.e. concert organisers, record producers, radio and TV broadcasters and others, so that they may perform, broadcast, disseminate and... will be able to provide you with information.