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Royalty Fees for Music in Broadcasts A
Broadcasters Perspective New Delhi January 10th
2009
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Birgitta Adamson
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(No Transcript)
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Broadcasting in Sweden (1)

• Regular radio broadcasts started 1925
• Regular television broadcasts since 1956
• Public service broadcasting monopoly until 1991

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Broadcasting in Sweden (2)

• Public service broadcasters
• Swedish Television Company (SVT)
• Swedish Radio Company (SR)
• Swedish Educational Broadcasting Company (UR)

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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

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Broadcasting in the light of history
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Broadcasting in the light of history
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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

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How to clear the necessary rights to music in
broadcasts (2)

• Agreements
• Extended collective licences, ECL
• Compulsory licences

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Remuneration according to which principle?

• Lump sum agreements
• Percentage-of-income based model
• Different objective criteria
• Actual use of music / size of audience

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Most relevant European case-law

• 1966 STIM versus TV3
• 1997 BSkyB versus PRS
• 2002 NOS versus SENA
• 2006 TV4 Kanal 5 versus STIM

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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

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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

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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

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How much does it really cost? (3)

• Commercial phonograms related rights
• Sweden 2007
• Commercial radio broadcasters
• 4 of gross income

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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

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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

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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

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Final remarks

• A principle of calculation on basis of actual
  use
• Music hours
• Size of audience potential/actual listeners

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• Birgitta Adamson legal counselSVT Legal
  DepartmentSveriges Television AB, SE-10510
  Stockholm, Sweden46 (0)8 784805646 (0)708
  847063birgitta.adamson_at_svt.sewww.svt.se