General Terms & Conditions of using STIM’s music library
These General Terms & Conditions apply when using Music (STIM’s music library) and are legally binding for music users who have entered into an agreement with the Swedish Performing Rights Society (STIM) without individual liability (“STIM”) (corporate ID number 702002-3524).
These General Terms & Conditions, along with other agreement documents, constitute the Licence Agreement between STIM and the music user (Licensee).
Section 1 STIM's Task
STIM is a collective management organisation whose task it is to safeguard the Financial Rights to the musical works, with or without lyrics, granted to STIM by the rightsholder. STIM grants licences for music users to use Music on behalf of the rightsholders.
Section 2 Definitions
General Terms & Conditions - These general terms and conditions. The General Terms & Conditions applicable at any given time can be found at stim.se.
Responsible Organiser - In the first instance, the person licensed pursuant to the Swedish Public Order Act or licensed to sell food or alcohol on the premises. In the second instance, the person whose cashbook records ticket sales. Independent ticket sellers will not be considered responsible organisers if most of the revenue from ticket sales is credited to someone else. For free events, the person financially accountable for most of the costs will be deemed the Responsible Organiser.
Visit - STIM’s right, if such is detailed in the License Agreement, to visit events for the purpose of checking that the Licensee has provided correct information on Reporting and Music Use Reporting. STIM will notify the Licensee of visits in advance and the Licensee must then provide two tickets free of charge.
Financial Rights - The right to distribute musical works by producing copies of works and making works available to the public pursuant to the Swedish Act on Copyright in Literary and Artistic Works.
Prior Notification - Licensee liability to notify STIM of planned events in advance. The notification must be submitted at least seven calendar days before the planned event and must contain information on date, venue and town. If it is a live music event, they must also state the names of the artists performing.
Moral Rights - The right of the creator to be named and to not have their work modified or made available to the public in a way that is detrimental to the creator’s literary or artistic reputation or individuality pursuant to the Swedish Act on Copyright in Literary and Artistic Works.
Licence - The licence that the Licensee is granted by STIM to use Music for one or more specific areas of music use pursuant to what is specified in the Licence Agreement.
Licence Agreement - The combined information that constitutes the entire agreement between the Licensee and STIM. A Licence Agreement might consist of a Licence Application, General Terms & Conditions, Special Terms & Conditions, the Licence Confirmation and any Special Agreement. A Licence Agreement does not necessarily contain all of these agreement documents. If the agreement documents contain contradictory information, they shall have the following order of precedence:
- Special Agreement/Licence Agreement,
- Special Terms & Conditions for current Licence(s),
- General Terms & Conditions,
- Licence Application.
Licence Confirmation - STIM’s confirmation of the licence application. The Licence Confirmation might only consist of an invoice or be given verbally.
Licensee - Natural or legal person entitled to use Music under the Licence Agreement with STIM.
Live Music - Public performance of live music for an audience or playing of recorded music in a concert-like setting for an audience.
Music - The musical works or parts of musical works with or without lyrics that STIM represents at any given time.
Musico-dramatic Works - Works that pursuant to the Swedish Act on Copyright in Literary and Artistic Works are theatrical works, e.g. opera, operetta and musical.
Music Use Reporting - The Licensee’s liability, if such is detailed in the License Agreement, to submit a summary of the Music played or performed.
Reporting - The Licensee’s liability to submit fee-based information on music use to STIM after the event. Reporting applies in cases when STIM has approved invoicing after the event.
Special Terms & Conditions - STIM’s specific terms and conditions for each particular area of Music use for which the Licensee has been licensed. The Special Terms & Conditions applicable at any given time can be found at stim.se.
Special Agreement - Agreement document drawn up between STIM and the Licensee to supplement the General Terms & Conditions and which replaces/supplements the Special Terms & Conditions by specifying agreement terms and conditions. The Licence Agreement contains either a Special Agreement or a Licence Confirmation.
SCA - Swedish Act (1960:729) on Copyright in Literary and Artistic Works.
Section 3 Scope Of The Licence
Through the Licence Agreement, STIM gives the Licensee the non-exclusive right to publicly perform and/or play and/or produce copies of Music in the manner specified in the Licence Agreement.
Section 4 Limitations
The Licence never permits the Licensee to do the following (this list is an example):
- edit lyrics or add new lyrics to existing vocal works or instrumental works (permission to do this must be obtained from the rightsholder),
- infringe Moral Rights,
- produce and make copies of Musico-dramatic Works available to the public.
Further limitations may be specified in the Special Terms & Conditions or the Special Agreement.
Section 5 Obtaining A Licence
Those who publicly perform or play Music or who produce copies of the Music as part of their activities must obtain a licence from STIM.
A Licence can be applied for as detailed at stim.se or in the manner agreed between STIM and the Licensee. In connection with the licence application, the Licensee must state the nature and scope of their music use as well as the name and address of the premises where the music will be played, and also provide other information requested by STIM.
A binding Licence Agreement will be entered into once STIM has processed the licence application and sent a Licence Confirmation to the Licensee. In the event that a Special Agreement has been drawn up between the Licensee and STIM, the Licence Agreement will become binding once the Special Agreement has been signed by both parties.
Section 6 Licence Fee And Calculation Of Licence Fee
The Licensee must pay STIM a fee for their use of Music in accordance with the terms and conditions of the Licence Agreement. STIM’s prices are stated in the Special Terms & Conditions or, where applicable, in the Special Agreement.
STIM is entitled to adjust the prices annually with effect from January pursuant to the CPI. July will be used as the base month for the CPI unless otherwise agreed between the parties.
VAT will be charged at the VAT rate applicable at any given time.
The licence fee will be calculated and paid in one of the following ways:
- a) Payment in arrears
If STIM has approved invoicing in arrears, the Licensee must Report. The information reported will form the basis of the licence fee.
STIM must receive this Report within 14 days of requesting it. The Report must contain the requisite information and be submitted in the format requested by STIM at any given time. If a complete Report is not submitted by the deadline, STIM is entitled to charge an extra processing cost of SEK 1,250 plus VAT. In the event that no Report is submitted, STIM reserves the right to use the Report most recently received and approved by STIM as a basis for the licence fee or to base the licence fee on estimates.
The Licensee is also entitled to Report its music use on an ongoing basis without STIM requesting this.
STIM may not forward Reports to third parties except in cases where such information has to be forwarded due to disputes or for legal review, or by law, due to a decision from the authorities or similar.
- b) Payment in advance
If the Licensee is to pay in advance, the licence fee will be based on the information that the Licensee submitted to STIM in connection with their licence application.
The Licensee must notify STIM if the information that forms the basis of the Licence changes. Notification must take place in the format requested by STIM at any given time. If the Licensee does not report that their music use has changed before a new agreement period commences, the Licensee will be liable to pay a fee pursuant to previously submitted information or STIM’s estimates.
If the Licensee has submitted incorrect or incomplete information, STIM is entitled to charge the upcoming licence fee plus interest on overdue payment pursuant to section 6 of the Swedish Interest Act.
Section 7 Terms And Conditions Of Payment
When the Licence Fee is to be paid (in advance/arrears) and in which period is specified in the Special Terms & Conditions, Special Agreement and/or Licence Confirmation.
The Licence Fee is paid against an invoice. STIM must receive payment within 30 days of the invoice date. STIM is entitled to charge a reasonable fee for paper invoicing.
In the event of late payment, STIM is entitled to charge interest on overdue payment pursuant to section 6 of the Swedish Interest Act, a fee for a written reminder and collection fees in accordance with applicable legislation.
Section 8 Music Use Reporting
If the Special Terms & Conditions or the Special Agreement state that the Licensee must undertake Music Use Reporting, this must be done in the format and with the content that STIM requests at any given time.
A Licensee that Reports must undertake Music Use Reporting in connection with Reporting. If the Licensee pays in advance and therefore does not Report, the Licensee must submit a Music Use Report no later than 14 days after STIM requests this. If the Licensee is only liable to undertake Music Use Reporting at STIM’s request, the Licensee must submit a Music Use Report no later than 14 days after STIM requests this.
In the event that the Licensee does not undertake Music Use Reporting, STIM is entitled to charge an extra processing cost of SEK 500 plus VAT per failure to report use of music.
Music Use Reporting forms the basis for the distribution and payment of royalties that STIM undertakes for its rightsholders, and it is therefore crucial that the reporting is correct.
If STIM, due to incorrect or insufficient Music Use Reporting from the Licensee (for example but not limited to the omission of what music was played, incorrectly named creator or incorrect playing time), has distributed and paid too few royalties or has paid the incorrect rightsholder, the Licensee must compensate STIM with the sum of the royalties that STIM would have paid to the correct rightsholder had the Music Use Reporting been correct as well as STIM’s reasonable administrative costs. This liability is limited to three years from STIM making the payment to the rightsholder if the Licensee has not acted with gross negligence. Payment must be made within 30 days of STIM issuing an invoice.
STIM is not obliged to recover royalties that STIM, based on the Music Use Reporting that the Licensee has undertaken, has distributed and paid to rightsholders or to sister societies with which STIM has a representation agreement.
Section 9 Auditing
During the term of the Licence Agreement and for a period of two years thereafter, the Licensee must at STIM’s request be able to substantiate the information that forms the basis of the licence fee and the Music Use Reporting by providing correct and complete documentation. STIM will occasionally and with five days’ written notice to the Licensee be entitled to review such documentation itself or through an independently authorised auditor designated by STIM. STIM will during such a review be entitled to access all material used to calculate the license fee and all material relating to the Music Use Reporting. STIM is not entitled to access more material than that which is required for purpose and must limit its audit to a reasonable extent. If the material shows that the fees paid by the Licensee are more than 5 per cent below what should have been paid during a quarter, the Licensee must cover STIM’s reasonable costs and pay STIM any outstanding licence fees and accrued interest pursuant to the Swedish Interest Act.
Section 10 Liability
Each party’s liability pursuant to this Licence Agreement is limited to the sum of the licence fees that have been paid or are to be paid by the Licensee pursuant to the Licence Agreement during the calendar year during which the damage occurs.
The limitation of liability does not apply if the Licensee a) uses Music in a manner beyond the scope of the Licence pursuant to the Licence Agreement, b) falls short in their Reporting, c) provides incorrect admission fee-based information, d) falls short in their Music Use Reporting or e) fails to pay licence fees pursuant to the Licence Agreement.
The limitation of liability above does not apply in cases where a party is guilty of gross negligence.
STIM is under no circumstances liable for indirect damage (including but not limited to loss arising from the reduction or loss of production or revenue, loss of data, loss of profit or similar losses that are difficult to predict) or for damage arising as a consequence of such indirect damage.
Section 11 Agreement Period And Termination
The Licence Agreement applies from the date agreed by the parties. Unless otherwise specified in the Special Agreement, the Licence will be valid until the end of the current calendar quarter. The Licence will be extended for one calendar quarter at a time unless a) the Licensee terminates the Licence in writing no later than seven calendar days before the end of the calendar quarter, or b) STIM terminates the Licence in writing no later than 30 calendar days before the end of the calendar quarter.
Each party is entitled to terminate the Licence Agreement with immediate effect if the other party commits material breach of contract and fails to rectify this within 30 calendar days of the breach of contract coming to light. Non-payment of licence fees will always be considered a material breach of contract.
When the Licence Agreement ends, Licensees who report pursuant to section 6 must a) submit a final Report. Licensees liable to undertake Music Use Reporting must also submit a final Music Use Report. STIM must receive the Report and Music Use Report no later than 30 calendar days after termination of the Licence Agreement.
The Licence will immediately cease to be valid when the Licence Agreement is terminated. However, the License Agreement will continue to be valid mutatis mutandis until the parties have fulfilled their respective obligations under the Licence Agreement. Section 17 will apply after the Licence Agreement has been terminated.
Section 12 Changes To The Terms And Conditions
STIM is entitled to make changes to these General Terms & Conditions and to the Special Terms & Conditions before the start of each calendar quarter. Licensees must be notified of changes to the terms and conditions and the date of the change entering into force no later than one month before the change enters into force. If the change to the terms and conditions involves a price increase, this will apply from and including the next agreement period. If the Licensee does not terminate the Licence Agreement no later than seven calendar days before the change enters into force, it will be assumed that the Licensee accepts the change. Changes to the terms and conditions will be announced in the manner of STIM’s choosing at any given time.
Section 13 Leasing Of Premises
If a Licensee leases premises to a third party (a so-called Responsible Organiser), the Responsible Organiser must normally apply for a licence. The Licensee must notify STIM that the Responsible Organiser has used the premises and specify the dates for the lease. The Licensee must also inform the Responsible Organiser that they may need to apply for a Licence from STIM. If the Responsible Organiser does not apply for a licence when required, the Licensee may be considered liable for the use of music.
Section 14 Transfer
The Licensee is not entitled to transfer the License Agreement and/or transfer or assign the License to a third party without STIM’s express written consent. If the Licensee’s business closes or is transferred, any new owner of the business must apply for a licence from STIM to continue using Music.
A Licence is valid for one legal person and therefore not valid for subsidiaries, groups or similar unless otherwise agreed.
STIM is entitled to use subcontractors to fulfil its obligations and to exercise its rights under the Licence Agreement. STIM is responsible for the subcontractor’s work and for its own.
Section 15 Personal Data
STIM may process the Licensee’s personal data. All processing of personal data will take place in accordance with the applicable data protection legislation. STIM is the data controller for personal data that might be collected by STIM during the term of the Licence Agreement.
The data may be supplemented and updated over time with information from the business register. The Licensee’s personal data will be processed for the performance and administration of the License Agreement. STIM may process personal data if this is necessary for compliance with applicable laws and regulations, compliance with requests or injunctions from supervisory authorities or courts, or to protect or defend STIM’s rights, property or interests. STIM only retains personal data as long as necessary for the purpose of processing.
A registered person may at any time request correction/deletion of personal data that is incorrect, incomplete or misleading. A registered person is also entitled to data portability. A registered person is also entitled to a copy of the personal data that is registered. Queries about STIM’s processing of personal data can be sent to STIM, PO Box.17092, SE-104 62 Stockholm. STIM’s data protection officer can be reached at [email protected] Complaints about STIM’s processing of personal data can be sent to the Swedish Data Protection Authority.
Section 16 Miscellaneous
The Licensee is responsible for keeping their contact information with STIM updated and must inform STIM of any changes to their invoicing address and contact information (incl. email address) well in advance.
Messages will be deemed to have been received by the Licensee three days after they were sent by post or, if the message was sent by email, the day after it was sent.
Section 17 Applicable Law And Disputes
The Licence Agreement will be subject to Swedish law.
The Licensee is always entitled to notify STIM if the Licensee thinks that an error has occurred or that SIM has handled something incorrectly. STIM will handle complaints in accordance with STIM’s applicable complaints procedure, which is available at stim.se.
Each party is entitled to refer disputes to the ordinary courts.
These General Terms and Conditions were most recently amended on 1 April 2018.