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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.

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Royalty Fees for Music in Broadcasts

A Broadcaster’s Perspective

New Delhi January 10th 2009

broadcasting in sweden 1
Broadcasting in Sweden (1)
  • Regular radio broadcasts started 1925
  • Regular television broadcasts since 1956
  • Public service broadcasting monopoly until 1991
broadcasting in sweden 2
Broadcasting in Sweden (2)

Public service broadcasters:

  • Swedish Television Company (SVT)
  • Swedish Radio Company (SR)
  • Swedish Educational Broadcasting Company (UR)
broadcasting in sweden 3
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
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
How to clear the necessary rights to music in broadcasts (2)
  • Agreements
  • Extended collective licences, ECL
  • Compulsory licences
remuneration according to which principle
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
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
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
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
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
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
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
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 61
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
Final remarks

A principle of calculation on basis of actual use:

  • Music hours
  • Size of audience – potential/actual listeners
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Birgitta Adamsonlegal counselSVT Legal DepartmentSveriges Television AB, SE-10510 Stockholm, Sweden+46 (0)8 7848056+46 (0)708 [email protected]
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