Management of the right to make music available on the Internet to be accessed on demand (Art. 10 para. 2 (c) in fine CopA) is not supervised by the Swiss Confederation. In this area, SUISA is subject to market and cartel law, which means it does not manage the rights to all works. The user, therefore, has to research beforehand whom to ask for the necessary licences. Assuming that SUISA is competent, the royalties are not fixed by binding tariffs but by simple civil licencing terms and conditions. SUISA collects fees based on these terms and conditions, although contractual freedom ultimately applies. The user and SUISA are free to reach an agreement on the amount of royalties which takes the specific circumstances of the case into account. This means there is more flexibility compared with areas that are subject to federal supervision. However, the process of acquiring rights will be more complicated.
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