General Terms & Conditions of using STIM’s music library

These General terms and conditions, together with other contract documents, constitute the License agreement between Stim and the music user (Licensee).

SECTION 1 STIM’S ASSIGNMENT

Stim is a collective management organisation tasked with managing the Economic rights of the musical works, with or without text, that the rightsholder has granted to Stim. On behalf of the rightsholders, Stim grants permission (Licenser) for music users to use the Music.

SECTION 2 DEFINITIONS

General terms and conditions These general terms and conditions. The applicable General terms and conditions at any time can be found at stim.se.

Economic rights The right to possess musical works by producing copies of works and making works available to the public, as per URL.

Moral rights The right for the author to be named and to not have their works altered or made available to the public in such a way that violates the creator’s literary or artistic reputation or individuality, in accordance with URL.

License The permission granted by Stim to the Licensee to use Music for one or several specific musical areas of use, in accordance with the License agreement.

License agreement The information that constitutes together the full agreement between the Licensee and Stim. A License agreement can consist of the license application, General terms and conditions, Special terms and conditions, License confirmation and Special agreement. A License agreement does not necessarily contain all of these contract documents. To the extent that the contract documents contain conflicting information, they apply in the following order:

• Special agreement/License confirmation,

• Special terms and conditions for relevant License(s),
• General terms and conditions,

• License application.

License confirmation Stim’s confirmation of the license application. The License confirmation may consist solely of an invoice or be given verbally.

Licensee Natural or legal person who, through the License agreement with Stim, has the right to use Music.

Live music Public performance of live music for listeners in attendance or concert-like performance of recorded music for listeners in attendance.

Music The musical works or portions of musical works with or without text that Stim represents from time to time.

Dramatic-musical works Work referred to in URL as a work of scenography, such as opera, operetta and musical.

Music reporting Licensee’s obligation, if indicated in the License agreement, to submit a summary of performed Music.

Reporting Licensee’s obligation to submit fee information to Stim in retrospect. Reporting is applicable when Stim has approved invoicing in arrears.

Special terms and conditions Stim’s specific terms and conditions for each particular area of use of Music for which the Licensee has obtained a License. The applicable Special terms and conditions at any time can be found at stim.se.

Special agreement Contract document established between Stim and the Licensee that supplements the General terms and conditions and replaces/supplements the Special terms and conditions through specification of agreement terms and conditions. The License agreement contains either a Special agreement or License confirmation. 

URL Act (1960:729) on Copyright in Literary and Artistic Works (Lag [1960:729] om upphovsrätt till litterära och konstnärliga verk, URL).

SECTION 3 SCOPE OF LICENSE

Through the License agreement, Stim gives the Licensee a non-exclusive License for one or several of the following uses of Music in Sweden, as detailed in the License agreement: 

1. publicly perform Music,
2. transfer Music to the general public,
3. produce copies of Music,
4. synchronise (join) Music with still images or video in audio-visual productions, and
5. enable users of the Licensee’s online service to make temporary or permanent copies of Music on their equipment.

Only the usage explicitly described in the current Special terms and conditions or Special agreement is included in the License agreement. The License is applicable with the limitations presented in Section 4 of these General terms and conditions and otherwise in the License agreement.

SECTION 4 LIMITATIONS

The License only covers what is presented in the License agreement. Note that the License does not cover the following (this list is an example):

1. alteration of text or joining new text to existing vocal works or instrumental works (permission to do so must be obtained from the rightsholder),
2. the Moral rights, (also see below, Section 9),
3. to make available and produce copies of Dramatic-musical works for the public,
4. use of Music for marketing purposes,
5. use of Music (text and/or score) in graphic form,
6. rights to recordings (such as master recordings) and/or performing artists’ rights or other related rights, as well as
7. synchronisation of Music, i.e. joining of Music with still images or video, for areas of use in which the license will be signed with a player other than Stim, see more at stim.se.

Additional limitations may apply from the Special terms and conditions or the Special agreement.

The License agreement does not cover private copying. Consequently, no fees relating to private copying are included in the fee according to the License agreement.

All rights not specifically granted under the License agreement are hereby reserved, and no implied licences are granted. Stim hereby expressly reserve the use of Music for the purposes of text and data mining (for example the use of Music for the purpose of developing generative AI services) pursuant to Article 4 of the Copyright Directive (EU) 2019/790 and any laws implementing such Directive and any other similar exception or limitation. Licensee will include on the licensed service, a declaration of this reservation on behalf of Stim’s rights holders, in machine-readable format in such a way that third parties cannot use Music for text and data mining without a licence. Licensee will also point out that Licensor must be contacted for such intended uses.

SECTION 5 SIGNING OF LICENSE

An individual who uses Music in their operation through public performance, transfer to the public, synchronisation and/or production of copies is obligated to obtain permission (a License) from Stim.

The License is applied for using the method presented at stim.se or using the method agreed by Stim and the Licensee. In conjunction with the License application, the Licensee is to state the type and scope of music use, name and address of the venues at which music is performed (if relevant) and the other information requested by Stim.

A binding License agreement has been entered when Stim has processed the license application and given the Licensee a License confirmation. In cases when a Special agreement has been established between the Licensee and Stim, the License agreement becomes binding when the Special contract has been signed by both parties.

SECTION 6 LICENSE FEE AND CALCULATION OF LICENSE FEE

The Licensee is to pay a fee to Stim for the relevant use of Music according to the terms and conditions of the License agreement. Stim’s prices are presented in the Special terms and conditions or, if applicable, in the Special agreement.

Stim has the right to annually adjust the prices, effective from January, in accordance with CPI. The month of July is calculated as the base month for CPI, unless otherwise agreed between the parties.

VAT is added in accordance with the applicable VAT rate at any given time.

The License fee is to be calculated and paid according to one of the following:

1. Payment in arrears

If Stim has approved invoicing in arrears, the Licensee must Report. Reported information serves as the basis for the license fee.

Stim must receive the report within 14 days from Stim’s request. The report must include the information and be submitted in the format requested by Stim from time to time. If complete Reporting has not been received by the deadline, Stim has the right to charge an additional handling fee of SEK 1250 plus VAT. If the Report is not delivered, Stim reserves the right to use the latest Report that was received and approved by Stim as the basis for the license fee or to base the license fee on information as estimated by Stim.

The Licensee also has the right to regularly Report their music use, without Stim requesting this.

Stim may not pass Reported fees to third parties, except for fees that must be submitted due to dispute or legal trial, or because of a law, government agency decision, or similar.

2. Payment in advance

If the Licensee is to pay in advance, the license fee is based on the information the Licensee has given to Stim in conjunction with the license application.

The Licensee is to notify Stim of the fees that form the basis of the License being changed. This notification is to be in the format requested by Stim from time to time. If before a new contract period the Licensee does not provide notice of music use changing, the Licensee is required to pay a fee according to previously submitted information or according to information estimated by Stim. 

If the Licensee has submitted incorrect or incomplete information, Stim has the right to charge an additional license fee as well as interest on a late payment, in accordance with Section 6 of the Interest Act.

SECTION 7 PAYMENT TERMS AND CONDITIONS

When the License fee is to be paid (advance/arrears) and at what time interval is presented in the Special terms and conditions, Special agreement and/or License confirmation. 

The License fee is paid via invoice. Stim must receive payment within 30 days from the date of the invoice. Stim has the right to charge a reasonable fee for paper invoices.

In the event of late payment, Stim has the right to charge interest in accordance with Section 6 of the Interest Act, as well as compensation for a written reminder and a collection fee in accordance with the applicable legislation at any time.

SECTION 8 MUSIC REPORTING OF PERFORMED MUSIC

In cases in which the Special terms and conditions or Special agreement stipulate that the Licensee must submit a Music report, this must be done in the format and with the content indicated by Stim from time to time.

A Licensee who Reports must engage in Music reporting in conjunction with Reporting. If the Licensee pays in advance and therefore does not Report, the Licensee must submit a Music report no more than 14 days after requested from Stim. If the Licensee is only obligated to engage in Music reporting upon request from Stim, then the Licensee must submit a Music report no more than 14 days after requested from Stim.

In the event of failure to submit a Music report, Stim is entitled to invoice for an additional handling cost of SEK 500 plus VAT per non-delivered Music report.

Music reporting serves as the basis for the allocation and payment of compensation that Stim does for its rightsholders and it is therefore of the utmost importance that reporting is accurate.

If Stim, due to erroneous or insufficient Music reporting from the Licensee (for example, but not limited to omission of repertoires, incorrectly named author or incorrect runtime), has allocated and paid too little compensation or has paid the wrong rightsholder, the Licensee is to pay compensation to Stim corresponding with the compensation that Stim would have paid to the correct rightsholder with accurate Music reporting, as well as Stim’s reasonable administrative costs. This obligation is limited to three years from when Stim paid the rightsholder, unless the Licensee has acted with gross negligence. Compensation is to be paid within 30 days of the invoice being issued from Stim.

Stim is under no obligation to recover compensation that Stim, with support from the Music report that the Licensee has provided to Stim, has allocated and paid to a rightsholder or sister association with which Stim has representation agreements.

SECTION 9 MORAL RIGHTS

The Licensee may not make Musical works or parts of Musical works available to the public in a form or context that is offensive for the creator. The Licensee is obligated to state the creator in the scope and as required by good practice in accordance with URL, as the law is designed from time to time. Special obligations for the Licensee regarding stating the creator may be indicated in the Special terms and conditions or Special agreement.

10 AUDITING

During the period of validity of the License agreement and for three years thereafter, at Stim’s request the Licensee shall be able to prove the information that serves as the basis for the license fee and Music reporting by providing correct and complete documentation. From time to time and with five days’ written notice to the Licensee, Stim has the right to itself, or through an independent authorised auditor appointed by Stim, review this documentation. With an audit, Stim has the right to see all documentation for calculation of the license fee, as well as all documentation pertaining to Music reporting. Stim does not have the right to see more documents than required for the purpose and shall limit the audit to a reasonable scope. If the documents demonstrate that the fees paid by the Licensee fall short of the amount that should have been paid by more than 5% per quarter, the Licensee shall be accountable for Stim’s reasonable costs and shall pay Stim any additional outstanding license fees and accrued interest according to the Interest Act.

SECTION 11 LIABILITTY

The responsibility of each party under this License agreement is limited to the sum of the license fees that have been paid or will be paid by the Licensee under the License agreement in the calendar year when the damage occurred.

Limitation of liability does not apply if the Licensee a) uses Music in such a way that goes beyond the scope of the License according to the License agreement, b) deficiencies in the Reporting, c) submits incorrect information on which the fee is based, d) deficiencies in the Music reporting, or e) fails to pay the license fees under the License agreement.

The limitation of liability above does not apply in cases in which a party has acted with gross negligence.

Under no circumstances is a party responsible for indirect damage (including but not limited to loss as a consequence of reduction or waste of production or turnover, loss of data, loss of profit or similar loss that is difficult to predict) or for loss that is a consequence of such indirect damage.

SECTION 12 AGREEMENT TIME AND TERMINATION

The License agreement is valid from the day agreed between the parties. Unless otherwise stipulated in the Special terms and conditions or Special agreement, the License runs to the end of the current calendar quarter. The license is extended by one calendar quarter at a time unless a) the Licensee terminates the License in writing at least seven calendar days before the end of the calendar quarter, or b) Stim terminates the License in writing at least 30 calendar days before the end of the calendar quarter.

Both parties have the right to terminate the License agreement, with immediate effect, if the other party materially breaches the contract and does not take corrective action within 30 calendar days from the date the breach of contract was noticed. Failure to pay the license fees is always considered a material breach of contract.

When the License agreement ends, a Licensee who reports according to Section 6 shall a) complete a final Report. A Licensee with an obligation to submit Music reporting shall also submit a final Music report. Stim must receive Reporting and Music reporting no more than 30 calendar days after the termination has entered into force. 

The License immediately ceases to apply with termination of the License agreement. However, the License agreement continues to apply in the applicable parts until the parties have carried out their respective obligations under the License agreement. Section 17 survives the License agreement.

SECTION 13 CHANGE OF TERMS AND CONDITIONS

Stim has the right to make changes to these General terms and conditions and to the Special terms and conditions before each calendar quarter. A change to the Terms and conditions shall, together with information about when the changes to enter into force, be announced no later than one month before the change enters into force. If the change to the Terms and conditions involves a price increase, the increase will apply from and including the next agreement period. If the Licensee does not terminate the License agreement at least seven calendar days before the change enters into force, this will be considered approval of the change by the Licensee. Changes to Terms and conditions are to be announced as determined by Stim from time to time.

SECTION 14 TRANSFER

The Licensee does not have the right to transfer the License agreement and/or to transfer or make the License available to anyone else without Stim’s explicit written consent. If the Licensee’s operation shuts down or is transferred, any new holder of the operation shall sign a license with Stim for continued use of Music.

A License is valid for one legal person and therefore does not apply for subsidiaries, groups or similar, unless otherwise agreed.

Stim has the right to hire subcontractors to carry out obligations and rights under the License agreement. Stim takes responsibility for the subcontractor’s work as its own.

SECTION 15 PERSONAL DATA

Stim may need to process the Licensee’s personal data. All processing of personal data takes place in accordance with the applicable data protection legislation. Stim is the data controller for processing of personal data that Stim may collect under the License agreement.

Data may be supplemented and updated over time with information from the business register. The Licensee’s personal data will be processed to complete and administer the License agreement. Stim may process personal data if necessary for compliance with applicable laws and ordinances, a received request or an order from a supervisory authority or court, or to protect or defend Stim’s rights, Stim’s property, or Stim’s interests. Stim only saves personal data for as long as necessary for the purpose of processing.

A registered individual may, at any time, request to correct/erase personal data that are incorrect, incomplete, or misleading. A registered individual also has the right to data portability. Further, a registered individual has the right to request a register excerpt containing the registered personal data. Questions about Stim’s personal data processing can be sent to Stim, Box 17092, 104 62 Stockholm. Stim’s data protection officer can be reached at [email protected]. Complaints about Stim’s personal data processing can be submitted to the Swedish Authority for Privacy Protection.

SECTION 16 OTHER

The Licensee is responsible for keeping their contact information up to date with Stim and shall notify Stim well in advance of any changes to both invoicing address and contact information (including email address).

Notifications are considered received by the Licensee three days after notifications are sent by post or, if the notification is sent by email, the day after it is sent.

17 APPLICABLE LAW AND DISPUTES

Swedish law is to be applied to the License agreement. 

A Licensee always has the right to notify Stim if the Licensee feels there has been an error or that Stim has handled something incorrectly. Stim shall handle complaints in accordance with Stim’s applicable complaints procedure from time to time, which can be found at stim.se.

Both parties have the right to bring disputes to the general court.

 

(These General terms and conditions were last revised on 1 April 2025)