Copyright: how carnival bands keep composers and musicians happy
Carnival without music? Unthinkable. Whether the bands are playing David Hasselhoff’s ‘Looking for freedom’, Raffaella Carrà’s ‘Pedro’ or traditional carnival marches, a fun atmosphere in the streets and marquees is guaranteed during carnival. In most cases, copyrighted material is used. We explain what the musicians need to bear in mind.
Carnival’s unthinkable without music. But what about copyright?
Copyright
Copyright protects literary and artistic creations that have an individual character. This also includes works of music. However, the protection is not unlimited. Seventy years after the death of the creator, works become part of the ‘public domain’ and can be used without restrictions. Anyone may use, copy, distribute or modify a piece of music after this period has ended. However, this only applies to the original work. Arrangements (adaptations) can be protected as ‘derivative works’ if more than just minimal changes are made. In this case, we need to take into account not just the date of death of the composer but also that of the arranger to determine whether the work is in the public domain.
Exception: simplified management via associations and general agreements
Do fees need to be paid every time a musical work is used? No. There are some exceptions. In general, you don’t have to pay licensing fees for private use (e.g. at a wedding reception). By contrast, they must be paid for public events. However, specific exceptions or more favourable conditions apply to associations that have contractual agreements with SUISA. For example, HEFARI Fasnachtsverband Schweiz (Swiss carnival association) has concluded a general agreement with SUISA for its members. It states, for example, that carnival parades, children’s events and musical performances in the streets in small groups and without prior notice or a programme don’t have to pay anything. The agreement also simplifies some administrative tasks: carnival bands need only declare their activities to HEFARI and not to SUISA, and their declaration is valid for several years if the events remain the same. As well as HEFARI, some other associations have general agreements with SUISA. These include the Swiss Wind Music Association and the Swiss Choral Association.
Navigating through legal and contractual requirements can be daunting. If you want to perform music at carnival or another occasion, follow the tips below to keep composers and music publishers happy.
Tips: check, report, ask
Check protection: Works such as pieces of music are protected by copyright and can’t be used without a licence or legal permission. In general, it’s the creators who grant licences. If they can’t manage their copyright themselves or don’t want to, the law offers the option of using collective rights management organisations (CMOs). In these cases, the CMOs manage the copyright and grant licences. If a copyright exception applies, the work may also be used. There are exceptions, for example, for private use, use in schools and reporting on current events.
Report use: In order for CMOs to be able to fulfil their tasks, the use of works must be reported to them. There are two CMOs in the music sector: SUISA (authors’ and composers’ rights) and SWISSPERFORM (performers’ rights). SUISA acts as the joint fee collection office and is therefore the first point of contact. In addition, there are three further CMOs for other categories of works: ProLitteris (rights to literary, photographic and art works), Société Suisse des Auteurs (SSA, rights to verbal, musico-dramatic and audiovisual works) and Suissimage (rights to audiovisual works).
Ask about fees: If it’s not clear whether you need to pay to use a work, you should consult specialist offices. These include, in particular, CMOs and industry associations that have concluded general agreements with CMOs.
Works such as pieces of music are automatically protected from the time of their creation. Organisers of events such as carnival obtain permission from the collective management organisation SUISA to use works.
