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Royalty Fees for Music in Broadcasts A Broadcaster’s Perspective New Delhi January 10th 2009

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

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  1. Royalty Fees for Music in Broadcasts A Broadcaster’s Perspective New Delhi January 10th 2009

  2. Birgitta Adamson

  3. ____

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

  5. Broadcasting in Sweden (2) Public service broadcasters: • Swedish Television Company (SVT) • Swedish Radio Company (SR) • Swedish Educational Broadcasting Company (UR)

  6. 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

  7. Broadcasting in the light of history

  8. Broadcasting in the light of history

  9. 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

  10. How to clear the necessary rights to music in broadcasts (2) • Agreements • Extended collective licences, ECL • Compulsory licences

  11. Remuneration – according to which principle? • Lump sum agreements • Percentage-of-income based model • Different objective criteria • Actual use of music / size of audience

  12. Most relevant European case-law • 1966 – STIM versus TV3 • 1997 – BSkyB versus PRS • 2002 – NOS versus SENA • 2006… – TV4 & Kanal 5 versus STIM

  13. 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

  14. 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

  15. 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

  16. How much does it really cost? (3) Commercial phonograms – related rights Sweden 2007 Commercial radio broadcasters: • 4 % of gross income

  17. 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

  18. 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

  19. 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

  20. Final remarks A principle of calculation on basis of actual use: • Music hours • Size of audience – potential/actual listeners

  21. Birgitta Adamsonlegal counselSVT Legal DepartmentSveriges Television AB, SE-10510 Stockholm, Sweden+46 (0)8 7848056+46 (0)708 847063birgitta.adamson@svt.sewww.svt.se

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