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
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
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]