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A synchronization license is a legal agreement that grants you permission to use copyrighted musical works in audiovisual productions under Swiss law. Whether you're producing a film, television show, advertisement, or digital content, this license ensures you have the proper authorization to combine music with visual media while complying with Switzerland's strict copyright regulations.

When do you need this document?

You need a synchronization license whenever you plan to incorporate existing musical works into any audiovisual production. This includes using background music in films, theme songs for television programs, jingles in advertisements, or soundtracks for video games. The license is also required for streaming content, online videos, documentaries, and corporate presentations that feature copyrighted music. Even brief musical excerpts or samples require proper licensing to avoid copyright infringement under Swiss law.

Key legal considerations

Several critical elements must be carefully addressed in your synchronization license. The grant of rights clause defines exactly what usage permissions you're obtaining, including whether you can edit, loop, or modify the musical work. Territory restrictions specify where you can distribute your production, while the term clause establishes how long you can use the music. Payment structures vary significantly, from flat fees to royalty arrangements based on distribution scope. You must also consider moral rights protections, which are particularly strong under Swiss law and may require the composer's consent for certain modifications. Additionally, ensure the licensor actually owns or controls the rights they're granting, as disputes over ownership can invalidate your license.

Legal requirements in Switzerland

Swiss synchronization licenses must comply with the Federal Act on Copyright and Related Rights (CopA), which provides comprehensive protection for musical works and their creators. Under Article 10 of the CopA, authors have exclusive rights to authorize the use of their works in audiovisual productions. The Swiss Code of Obligations governs the contractual aspects, requiring clear terms and good faith performance from both parties. If your agreement involves international distribution, the Federal Act on International Private Law (IPLA) may apply to determine governing law and jurisdiction. Swiss law also recognizes strong moral rights that cannot be waived, meaning composers retain rights to object to derogatory treatment of their works even after licensing. For collective rights management, you may need to work with Swiss collecting societies like SUISA, particularly for broadcast or public performance rights that extend beyond basic synchronization.