royalty fees for music in broadcasts a broadcaster’s perspective new delhi january 10th 2009
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Royalty Fees for Music in Broadcasts A Broadcaster’s Perspective New Delhi January 10th 2009. Birgitta Adamson. ____. Broadcasting in Sweden (1). Regular radio broadcasts started 1925 Regular television broadcasts since 1956 Public service broadcasting monopoly until 1991. - PowerPoint PPT PresentationTRANSCRIPT
Royalty Fees for Music in Broadcasts
A Broadcaster’s Perspective
New Delhi January 10th 2009
Birgitta Adamson
____
Broadcasting in Sweden (1)
• Regular radio broadcasts started 1925
• Regular television broadcasts since 1956
• Public service broadcasting monopoly until 1991
Broadcasting in Sweden (2)
Public service broadcasters:
•Swedish Television Company (SVT)
•Swedish Radio Company (SR)
•Swedish Educational Broadcasting Company (UR)
Broadcasting in Sweden (3)
• Television receiver licence fee SEK 2,032 (12,557 INR)
• Broadcasting Charter – public remit
• Censorship prohibited
• Independent Broadcasting Commission
• European Broadcasting Union, EBU
Broadcasting in the light of history
Broadcasting in the light of history
How to clear the necessary rights to music in broadcasts (1)
Who are the right-holders?
• Musical works – authors’ rights:
- STIM, NCB
• Commercial phonograms – related rights:
- phonogram producers - IFPI
- performing artists - SAMI
How to clear the necessary rights to music in broadcasts (2)
• Agreements
• Extended collective licences, ECL
• Compulsory licences
Remuneration – according to which principle?
• Lump sum agreements
• Percentage-of-income based model
• Different objective criteria
• Actual use of music / size of audience
Most relevant European case-law
• 1966 – STIM versus TV3
• 1997 – BSkyB versus PRS
• 2002 – NOS versus SENA
• 2006… – TV4 & Kanal 5 versus STIM
How much does it really cost? (1)
Musical works – authors’ rights
Sweden 2007
Swedish Television Company:
• Right to broadcast - 45.4 million SEK
• Mechanization/right to copy, 2.2% - SEK 998,800
How much does it really cost? (2)
Musical works – authors’ rights
Sweden 2007
Swedish Radio Company:
• Right to broadcast - 45.0 million SEK (
• Mechanization/right to copy, 2.2% - SEK 990,000
How much does it really cost? (6)
Musical works – authors’ rights
Finland 2007
Public service broadcaster – radio & television
National broadcasts:
• 13.26 EUR per minute/music
Regional broadcasts:
• 0.94 EUR per minute/music
How much does it really cost? (3)
Commercial phonograms – related rights
Sweden 2007
Commercial radio broadcasters:
• 4 % of gross income
How much does it really cost? (4)
Commercial phonograms – related rights
Sweden 2007
Public service broadcasters – radio & television
National broadcasts:
• Right to broadcast - SEK 123.81 per minute of music
• Mechanization/right to copy - SEK 3.34 per minute of music
How much does it really cost? (5)
Commercial phonograms – related rights
Sweden 2007
Public service broadcasters – radio & television
Regional/local broadcasts:
• Right to broadcast - SEK 4.76 per minute of music
• Mechanization/right to copy - SEK 0.15 per minute of music
How much does it really cost? (6)
Commercial phonograms – related rights
Finland 2007
Public service broadcaster – radio & television
National broadcasts:
• 11.00 EUR per minute/music
Regional broadcasts:
• 0.55 EUR per minute/music
Final remarks
A principle of calculation on basis of actual use:
• Music hours
• Size of audience – potential/actual listeners
Birgitta Adamson legal counsel
SVT Legal DepartmentSveriges Television AB, SE-10510 Stockholm, Sweden+46 (0)8 7848056+46 (0)708 [email protected]