Social Media
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Like many other collective management organisations and publishers, SUISA has contractual agreements with the most popular social media platforms regulating the non-commercial uploading and making-available of music works (e.g. in the form of videos with music) by the user.
Please take into consideration any other relevant rights
FAQ: Frequently asked questions
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Yes, since use on www.youtube.ch is a public usage. Accordingly, you must also clarify the production and synchronisation rights.
Fact sheet on various rights https://www.suisa.ch/fileadmin/user_upload/kunden/Online/Merkblatt_verschiedene_Rechte.pdf
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No. YouTube blocks videos at the request of rightholders who do not agree to have their content published on the platform. SUISA does not delete any videos and doesn't block them either; through its repertoire, SUISA helps videos to be found and monetised (i.e. to generate revenues through online advertising). So if a member's music is in a YouTube video, it is worthwhile informing SUISA about the video so that the corresponding remuneration can be secured (claims@suisa.ch).
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YouTube allows you to embed their videos. However, this authorisation does not apply to the protected content (pictures, music) in such videos - it only allows you to take over the format and player. The owner of the domain where the videos are to be embedded is responsible for the protected content played on his domain. In other words, you have to clarify all the rights in the content of any Youtube videos before you embed these on your website.
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No. In principle, the operator of the website is responsible for the contents published on it. However, in its General Terms and Conditions, Facebook declines all liability and obliges the user to obtain the necessary rights. If you are not sure whether you are legally allowed to use content, then do not upload it onto Facebook. If you have already done so knowing that you do not hold the rights, then you should remove the contents. If you do not own the rights to the content that you are posting, then by posting that content online without the rightholders' consent you are infringing the terms and conditions of use. Facebook cannot automatically check all the contents published on its platform, and it only deletes contents on request. That is why Facebook declines all liability in its GTC. The fact that you see hundreds of videos on the platform does not mean that all the rights have been properly licensed. The legal situation on Facebook is highly complex and must be considered on a case-by-case basis. Our Legal Department is pleased to answer your questions in this regard.
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If you have not yet acquired the rights, the provider (e.g. YouTube, Facebook, etc.) can sanction the uploading. The form of the sanctions is determined by the business policy of the relevant provider and has nothing to do with SUISA. If you have any questions in this regard, you should contact the provider through its webpage. In certain cases, our Legal Department may be able to provide information.