Author Archives: Manu Leuenberger

Summer meeting of the SUISA Board

As in previous years, the summer meeting of the SUISA Board took place on the day before the General Assembly, on Thursday, 20 June 2019, in Biel. Report from the Board by Andreas Wegelin

Summer meeting of the SUISA Board

The SUISA Board held its summer meeting the day before the General Assembly that took place at the Biel/Bienne Congress Centre, as shown in the image. (Photo: Natalie Schlumpf)

In addition to the usual final preparations for the General Assembly, the SUISA Board also noted the comprehensive report by the statutory auditors for the 2018 financial year. In general, the audit gave the management team a good report. However, it also suggested some improvements. The management team has now been tasked by the Board with actioning the proposed improvements.

The prospects for the Mint joint venture, which completed its second year of operation at the end of March 2019, was another important topic for discussion at the board meeting. The Board decided that, as the parent company of Mint, the SUISA cooperative shall provisionally waive the assertion of any claims for work and IT services provided in support of the joint venture company Mint, in the same way as the American partner SESAC.

The Board also addressed the issue of whether SUISA could offer services abroad in the future, in the event that the local collecting society is not working satisfactorily. It will decide in greater detail based on specific cases.

The first year of SUISA Digital Licensing AGThe first year of SUISA Digital Licensing AG
A little more than one and a half years ago, SUISA founded its subsidiary company, SUISA Digital Licensing AG. The subsidiary company has now completed its first business year. A year which was under the auspices of development and brought about a multitude of new findings. It is time for retrospection and a first interim summary. Read more

The Board was once again able to note pleasing distribution results. In June 2019, beneficiaries in Switzerland and abroad received CHF 43.7 million.

Finally, the Board approved changes to the distribution rules and several adjustments to the General terms and conditions of the rights administration agreement, made necessary by the Liechtenstein collecting society regulation and the EU directive on collecting societies. The updated General terms and conditions for rights administration will be supplied to all members shortly. The changes to the distribution rules will be presented via the SUISA publishing channels once they have been approved by the regulatory authority.

After the meetings, the Board members met with heads of department and managers for an evening meal, providing the opportunity for discussion and for getting to know some new senior managers.

Related articles
Mint Digital Services: FAQsMint Digital Services: FAQs SUISA and SESAC, a US collective management organisation, have established Mint Digital Services as a joint venture. Mint Digital Services will take over the invoicing and administration services for SESAC and SUISA’s online licensing activities. The joint venture will also offer services to publishers and collective management organisations. Warner/Chappel Music, a major publisher, is already using Mint’s services. Here the main FAQs. Read more
Overall, a positive financial year 2018Overall, a positive financial year 2018 The SUISA Board and its Committees for Tariffs and Distribution as well as for Organisation and Communication met for their regular spring sessions on 9 and 10 April 2019 at the SUISA head office in Zurich. Read more
Changes in the distribution of revenues from radio usesChanges in the distribution of revenues from radio uses The classifications for radio broadcasting stations have been changed. Starting with the 2019 settlements, a uniform factor of 0.25 will be applied for level D uses (sound logos, jingles, background music, etc.), and a factor of 1.5 for level E (other music). In addition, calculations will be made on a per-second instead of a per-minute basis. Read more
Collapse article

Leave a Reply

All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

Your email address will not be published.

As in previous years, the summer meeting of the SUISA Board took place on the day before the General Assembly, on Thursday, 20 June 2019, in Biel. Report from the Board by Andreas Wegelin

Summer meeting of the SUISA Board

The SUISA Board held its summer meeting the day before the General Assembly that took place at the Biel/Bienne Congress Centre, as shown in the image. (Photo: Natalie Schlumpf)

In addition to the usual final preparations for the General Assembly, the SUISA Board also noted the comprehensive report by the statutory auditors for the 2018 financial year. In general, the audit gave the management team a good report. However, it also suggested some improvements. The management team has now been tasked by the Board with actioning the proposed improvements.

The prospects for the Mint joint venture, which completed its second...read more

The result of an endless passion for experimentation

The Eclecta duo, made up of Zurich and Winterthur residents Andrina Bollinger and Marena Whitcher, experiments with sounds that defy established definitions and seeks out interdisciplinary exchanges with other art forms. FONDATION SUISA is supporting this project financially with Get Going! funding. Text by guest author Rudolf Amstutz

Eclecta: The result of an endless passion for experimentation

The Eclecta duo. (Photo: Andrea Ebener)

The place where verbal definitions of different arts implode; where stylistic pigeon-holes exist only as relics of past times; where everything can unfold freely and continually move into more and more new arrangements: that is precisely where Eclecta feel at home. Eclecta is a duo featuring Andrina Bollinger and Marena Whitcher, both of whom are solo artists, multi-instrumentalists and singers. And both are, as they describe themselves, “quite simply curious”. Which is something of an understatement. An unadulterated passion for experimentation is their driving force. Although in their late twenties, the couple have not forgotten their youthful enthusiasm, but combine it with mature reflection and are therefore better able to integrate additional elements into their art, which means the result always remains homogeneous.

Andrina Bollinger and Marena Whitcher got to know one another at jazz school, but it was actually the second time they had met. “We had already met as children in the (childrenʼs circus school) ʻCircolino Pipistrelloʼ”, says Bollinger. Whitcher laughs, adding: “But we only found out later that this was the case.” You cannot escape fate, so what was bound to happen inevitably did: “When Marena was asked to do a solo concert, she didnʼt have enough material to be able to fulfil the booking on her own. So she asked me. We then amalgamated our songs, which proved to be the start of everything”, recounts Bollinger.

Their first album from 2016 is called “A Symmetry”, and the play on words concealed in this title says it all, both women are in fact actually confident individuals when it comes to their manner and their art, who have been happy to tread their own path in a large number of collaborations and solo performances. “From the very start, we played two characters that are totally different. Eclecta thrives on this duality, this asymmetry, but at the same time we also have the opportunity to melt into one another”, explains Whitcher, to which Bollinger adds: “We can blend our voices, so that people can hardly distinguish one from the other. The album title describes this ongoing interplay between symmetry and asymmetry.”

The 15 songs, which, as previously mentioned, refuse to be pigeon-holed and deliberately map the stylistic spaces which contribute to the experiment, when added together become an opalescent kaleidoscope of euphoria and melancholy, of passion and thoughtfulness. And listeners still find “A Symmetry” astounding even three years after it first appeared, allowing more and more details to be unveiled: for the protagonists, today the record represents only a snapshot of their artistic process. “On our forthcoming album, which we hope to release at the beginning of 2020, we want to advance this play even further, so that the whole thing continues to become more intermeshed.”

“The Get Going! funding gives us something very precious, namely time. Apart from that, you are never paid for the immensely long period of time it takes to get to grips with specific topics, and to research and write songs.”

What this will sound like, reckon the duo with a wink, “currently remains a secret”. When they talk of their influences, they range from social issues to painting, from theatre to performance art, from literature to philosophy. Whitcher, who has American roots on her fatherʼs side, is enthusiastic about the surrealists and, during her performances, goes into such questions as “What are monsters nowadays and why do we need them?” or “Having first world problems and creating art – do they go together?”. It is also important to Bollinger to integrate political and social topicality into her creative work. Consequently, she writes about such issues as climate change, freedom of thought and digitisation, as well as searching for places where numbers and codes do not control us. She splits her time between Zurich, Berlin and her Engadine homeland, trying to capture the sounds of these different places, because, as she says, “it is crucial where you are when you are creatively active”.

One of these creative playgrounds is also the stage. With instruments and costumes she makes herself, she transforms a performance into a kind of complete artwork. Therefore, in future they want to make increased use of the medium of video in order to lend a visual aspect to their music. But this is only one of what seems like a thousand ideas with which these two musicians are busy. In the end, Eclecta should also be a statement that contradicts the zeitgeist: “In our individualised society, everyone is focused entirely on themselves, never once glancing at what is going on around them.” Whitcher believes “Yet community is a basic requirement of humans”, and Bollinger adds: “I already see it as one of our jobs to reflect the world in our art and to encourage a different way of thinking.”

In any event, they regard the Get Going! funding from FONDATION SUISA as something that offers them a great deal of freedom. “It gives us something very precious, namely time”, comments Bollinger. “Precisely”, emphasises Whitcher, “apart from that, you are never paid for the immensely long period of time it takes to get to grips with specific topics, and to research and write songs”. When you look at it this way, Eclecta is a fine example of this kind of encouragement, because both of these young ladies are venturing down paths that so far remain untrodden and now no longer risk falling between two stools with their passion for experimentation.

www.eclecta.ch

FONDATION SUISA started awarding new grants in 2018. Under the heading of “Get Going!”, creative and artistic processes that do not fall within established categories are given a financial jump-start. Our Portrait Series profiles recipients of Get Going! funding.

Related articles
FONDATION SUISA: “Get Going!” goes into its second round: “We definitely have our fingers on the pulse of our age”“Get Going!” goes into its second round: “We definitely have our fingers on the pulse of our age” Last year, FONDATION SUISA awarded four innovation grants under the title “Get Going!” for the first time in order to promote groundbreaking creative concepts outside the usual boxes. The positive reactions that were received were overwhelming. At the end of June 2019, the call for contributions enters its second round. Read more
Label Suisse: a showcase for Swiss music in all its diversityLabel Suisse: a showcase for Swiss music in all its diversity The eighth edition of the Label Suisse Festival was held in Lausanne from 14 to 16 September. The biennial festival, dedicated to Swiss musicians and creators, offers the public a broad panorama of Switzerland’s current music landscape. Read more
Creative teamwork at SUISA’s 2018 Songwriting Camp | plus videoCreative teamwork at SUISA’s 2018 Songwriting Camp | plus video SUISA organised the second edition of its Songwriting Camp in cooperation with Pele Loriano Productions. Like the premiere last year the camp again took place at the Powerplay Studios in Maur. A total of 36 musicians from eight different countries attended the three-day event in June 2018, creating 19 pop songs in a wide range of musical styles. Read more
Collapse article

Leave a Reply

All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

Your email address will not be published.

The Eclecta duo, made up of Zurich and Winterthur residents Andrina Bollinger and Marena Whitcher, experiments with sounds that defy established definitions and seeks out interdisciplinary exchanges with other art forms. FONDATION SUISA is supporting this project financially with Get Going! funding. Text by guest author Rudolf Amstutz

Eclecta: The result of an endless passion for experimentation

The Eclecta duo. (Photo: Andrea Ebener)

The place where verbal definitions of different arts implode; where stylistic pigeon-holes exist only as relics of past times; where everything can unfold freely and continually move into more and more new arrangements: that is precisely where Eclecta feel at home. Eclecta is a duo featuring Andrina Bollinger and Marena Whitcher, both of whom are solo artists, multi-instrumentalists and singers. And both are, as they describe themselves, “quite simply curious”. Which is something of an understatement. An unadulterated passion...read more

Travelling with and inside a space

Place, time and space play a pivotal role in the works of composer, Beat Gysin. In his six-part “Lightweight building series”, he designs spaces specially for the music, enabling him to confront his audience with shifting tonal and spatial experiences. The second part of his elaborate project is due to be brought to fruition from 2021. FONDATION SUISA is supporting this project financially with Get Going! funding. Text by guest author Rudolf Amstutz

Beat Gysin: Travelling with and inside a space

The Basel composer Beat Gysin in a photo taken in 2010. (Photo: Anna Katharina Scheidegger)

Chemistry and music: do they go together? What initially appears to be a contradiction in terms makes complete sense in Beat Gysin’s biography. Although he grew up in a family of musicians, Gysin took the decision to study chemistry as well as composition and music theory. The scientific approach and empirical evaluation of an experimental approach are just as important to him as the musical element. “I never wanted to be famous because of my music. I always wanted to find answers with my music and within it”, explains the 50-year-old Basel resident.

His catalogue of works is impressive. Even more impressive, however, is the way in which he brings his compositions to the performance stage. Gysin moves systematically beyond duplication and sound recording. Place, time and above all space are obligatory elements in his performance technique. In this respect, Gysin is far more than “just” a composer and musician. If you are to ultimately understand the Gysin Universe, you must firstly apply such definitions as researcher, architect, facilitator and philosopher.

“I am actually a philosopher at heart”, he adds. “It’s a matter of awareness, and I notice that the space in which music is performed has lost importance in its overall perception. Nowadays, people regard the music as being detached from its performance”, he adds and in so doing refers to a key point in his work: the systematic interplay between space and sound. “If you take one of my pieces out of the space, then this is almost as if you were creating a piano solo from an orchestral work. You know the notes, but do not hear the orchestra.”

With remarkable consistency, meticulousness and a passion for experimentation, in his many projects Gysin again and again plumbs the depths of the complex interplay between space, sound and the resulting perception of his music. The performance space becomes part of the artwork, which ultimately not only offers the audience a completely new sensory experience, but Gysin also repeatedly delivers new perceptions, in order to subsequently create yet another new approach to his next project. “I want to find things. And invent”, is how he describes what drives him artistically in an almost laconic manner. In this respect, he does not necessarily take centre-stage as the composer, but often “only” as the conceptual leader. In order to encourage an exchange of ideas, he set up the Basel studio-klangraum recording space and founded the ZeitRäume Basel festival.

“If you take one of my pieces out of the space, then this is almost as if you were creating a piano solo from an orchestral work. You know the notes, but do not hear the orchestra.”

Whether in churches with their varying acoustic properties, in empty waterworks with an echo lasting anything up to 30 seconds or in decommissioned mines where almost perfect silence prevails: Gysin keeps on discovering new spaces that can be mapped acoustically. And anywhere there is no natural space available allowing him to move forward, they are architecturally designed. The six-part “Lightweight building series” is not only one of Gysin’s key works because of the expenditure involved. It also represents the next logical step for him: creating spaces that can be transported. Here we are dealing with six abstract space designs, implemented as pieces of architecture in the form of pavilions, which provide unusual listening situations and therefore facilitate a new kind of awareness of the music. “Chronos” comprised a revolving stage like a carousel and in the case of “Gitter” the musicians were arranged “spherically” around the audience. Where “Haus” is concerned, sound space walks around existing houses were made possible and in “Rohre” (Pipes), which will take place shortly (world premiere in September 2019 in the inner courtyard of the Kunstmuseum Basel (Basel Museum of Art) as part of the ZeitRäume Basel festival), the audience and musicians meet each other in the literal sense of the word, in other words in pipes you can walk inside.

“In the concluding two parts from 2023”, Gysin comments, “I would like to investigate the question of mobile set-ups and their influence on hearing. In the case of one of the projects, the musicians and audience sit on little trolleys that never stop moving. Everything remains on the move and the space is constantly redefined. And as regards the last part, it is a question of a suspended space which implodes again and again like a balloon, but can then be re-inflated.” Such elaborate projects are not easy for an artist to finance. “We are dependent on support right from the initial conception, and that costs money”, he states in full awareness, adding: “the Get Going! grant from FONDATION SUISA is the perfect answer to this challenge. It is a kind of way of financing feasibility studies. Up to now this has not existed in this form.”

In times where culture has to be “eventised”, in that marketing experts pay more attention to form than content, the “Lightweight building series” also symbolises a kind of artistic counter-movement. “The advantage is that I, as the artist, conceive the event as a whole”, says Gysin, also commenting: “As a musician, today you are obliged in a world of sensory overload to deal with the location of the music, because it can no longer be understood if taken out of context.”

www.beatgysin.ch

FONDATION SUISA started awarding new grants in 2018. Under the heading of “Get Going!”, creative and artistic processes that do not fall within established categories are given a financial jump-start. Our Portrait Series profiles recipients of Get Going! funding.

Related articles
FONDATION SUISA: “Get Going!” goes into its second round: “We definitely have our fingers on the pulse of our age”“Get Going!” goes into its second round: “We definitely have our fingers on the pulse of our age” Last year, FONDATION SUISA awarded four innovation grants under the title “Get Going!” for the first time in order to promote groundbreaking creative concepts outside the usual boxes. The positive reactions that were received were overwhelming. At the end of June 2019, the call for contributions enters its second round. Read more
Career and calling | plus videoCareer and calling | plus video How do I found and run an ensemble for contemporary music? Where do I get subsidies for my music projects from? What is the purpose of SUISA and Swissperform? How do I distribute my works via the internet? Impressions gathered during the first ever “Journée d’orientation professionelle” at the Festival Archipel 2017. Read more
Bertrand Denzler: Sound space surveyor and ambient sound explorerSound space surveyor and ambient sound explorer Saxophonist Bertrand Denzler is always working on new opportunities to express himself in the delicate balance that lies between improvisation and composition. The 55-year-old musician from Geneva, who is now resident in Paris, now intends to extend the frontiers of his artistic dialogue with others even further using “roaming residencies”. FONDATION SUISA is supporting this project financially with Get Going! funding. Read more
Collapse article

Leave a Reply

All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

Your email address will not be published.

Place, time and space play a pivotal role in the works of composer, Beat Gysin. In his six-part “Lightweight building series”, he designs spaces specially for the music, enabling him to confront his audience with shifting tonal and spatial experiences. The second part of his elaborate project is due to be brought to fruition from 2021. FONDATION SUISA is supporting this project financially with Get Going! funding. Text by guest author Rudolf Amstutz

Beat Gysin: Travelling with and inside a space

The Basel composer Beat Gysin in a photo taken in 2010. (Photo: Anna Katharina Scheidegger)

Chemistry and music: do they go together? What initially appears to be a contradiction in terms makes complete sense in Beat Gysin’s biography. Although he grew up in a family of musicians, Gysin took the decision to study chemistry as well as composition and music...read more

Common Tariff 3a: A hundred thousand new SUISA business customers | plus video

With regards to Common Tariff 3a (CT 3a), SUISA has been managing all customers directly again since 01 January 2019. In order to do so, data of about 100,000 customers which received their 3a invoices via Billag in the past years, has been migrated into the SUISA systems. A new team of 16 staff is responsible for all customers of this tariff and provides customer service in four languages. In the meantime, more than 58,000 invoices have left the building – time to take a first provisional look back. Text by Martin Korrodi; Video by Sibylle Roth

On 15 February 2019, SUISA dispatched the first 1,000 CT 3a invoices for usage period 2019 to customers such as selling businesses, shopping malls, catering outlets or guesthouse landlords. Prior to the first dispatch, the migrated Billag data was analysed and manually cleaned up in order to ensure that the invoices were going to be correctly generated. The dispatch scope was intentionally kept small so that any technical or organisational problems could be detected and resolved quickly.

With increasing experience, the dispatch volume could be increased step by step – this way, after five months (February to June), more than half of the 3a customers have already received an invoice. Until mid-June, about 58,000 invoices were sent out with a total invoiced of nearly CHF 17 million. From April onwards, and in addition to the invoices, the first reminders had to be dispatched, from May the second reminders so that up to 20,000 mailings per month left the building.

CT 3a customer service in numbers

In line with the big number of invoices and reminders, the customer service must process a lot of feedback and queries. More than 2,000 phone conversations with customers were held in May alone, and about 600 electronic messages (contact forms and e-mails) were processed. Add to that about 160 mailings that reach us per month via traditional post.

What’s great is that many of our customers visit our website www.suisa.ch/3a and use the online portal for their queries and issues. Since the beginning of the year, 504 new customers registered online and obtained a CT3a licence, and 1,419 customers asked questions regarding their invoices via the online portal. The tariff allows a 5% discount to those customers who use the online portal for processing their CT 3a business with SUISA.

Under the leadership of Nevio Tebaldi, a team of 16 people is looking after the 3a customers; they share 12 full-time positions (1,200 in job percent). During the development phase, three additional people who support the team and take over duties in the field of data cleanup are available temporarily.

Frequently asked questions

The most frequently asked questions by the customers affect the new responsibility for the invoicing process from 2019. The systems change in terms of the radio and TV reception fees and the closure of the Billag AG seem to have created confusion so that customers do not always understand why they receive an invoice from SUISA and what the purpose of the owed fee is.

The confusion of the copyright fee with the radio and TV reception fees is probably due to the fact that Billag had dispatched both invoices until the end of 2018 – one of them on behalf of the Federal Office of Communication (Bakom) and the other one on behalf of SUISA. Within the commercial field, this co-operation made absolute sense since businesses which run a radio or TV set in their business location do not just have to pay the fee to the Bakom but – unlike private persons – require an additional licence for copyright pursuant to CT 3a.

From 2019, the starting point for radio and TV reception fees has changed fundamentally: A general fee is replacing the previously device-based reception fee. This general fee will be levied nationwide to all households and businesses. The obligation to pay the fee as well as the amount of the levy is, additionally, depending on the turnover of businesses: Businesses with a turnover of less than CHF 500,000 are exempt of the fee – businesses with higher turnovers are automatically invoiced by the Federal Tax Administration Office in a six-tier tariff category system.

With regards to the copyright fees based on CT 3a, there are, however, no major changes: The tariff continues to depend on the actual usage scope and is thus based on the area music is piped to. There is no turnover threshold – even businesses with less than CHF 500,000 have to pay a fee for copyright. The only “change” affects the sender of the invoices which is no longer Billag but SUISA.

The “successor” of Billag, Serafe AG plays no role for business customers since it exclusively invoices private households with the radio and TV reception fees on behalf of Bakom and has therefore nothing to do with businesses.

New contacts for businesses from 2019. (Graphics: Sibylle Roth)

 

Usage scope covered by CT 3a
The following usages are relevant for CT 3a: all exploitations in venues outside domestic and private circle or home life, such as in selling businesses, shopping malls, restaurants, lounges, office spaces, work spaces, storage spaces, company vehicles (car radio), ski lift stations, meeting rooms, seminar rooms, guest rooms (these are defined as guest and patient rooms as well as holiday homes), museums, exhibitions etc.
Related articles
Invoicing licence fees for background music and TV reception in businesses as of 2019Invoicing licence fees for background music and TV reception in businesses as of 2019 Businesses that play background music on their premises or show broadcasts on screens are required to pay licence fees in accordance with Common Tariff 3a. As of 2019, SUISA will once again manage all customers under this Tariff directly. Read more
SUISA makes music possibleSUISA makes music possible A new mission statement, a new organisation chart! Fairness, dedication and passion – these three concepts make up SUISA’s new mission statement. “SUISA makes music possible” is at the centre of the new mission statement. The same principle has been applied to SUISA’s new organisation chart. Read more
Third party content on your own website must be paid for pursuant to Swiss legislationThird party content on your own website must be paid for pursuant to Swiss legislation If you operate a website, you cannot dispose of the copyright of third party contents without authorisation. If you use third party contents on your own website, you require an authorisation from the author pursuant to Swiss legislation in effect, irrespective of the type of the technical integration. SUISA issues licences for the online exploitation of music, including music in videos, and negotiates these case by case. Read more
Collapse article

Leave a Reply

All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

Your email address will not be published.

With regards to Common Tariff 3a (CT 3a), SUISA has been managing all customers directly again since 01 January 2019. In order to do so, data of about 100,000 customers which received their 3a invoices via Billag in the past years, has been migrated into the SUISA systems. A new team of 16 staff is responsible for all customers of this tariff and provides customer service in four languages. In the meantime, more than 58,000 invoices have left the building – time to take a first provisional look back. Text by Martin Korrodi; Video by Sibylle Roth

On 15 February 2019, SUISA dispatched the first 1,000 CT 3a invoices for usage period 2019 to customers such as selling businesses, shopping malls, catering outlets or guesthouse landlords. Prior to the first dispatch, the migrated...read more

“Orchestral spaces” or if music becomes spatially tangible when you listen to it

In his work, composer Michael Künstle deals with the interplay between tonal dramatisation and dramatic tones. The 27-year-old Basel resident would now like to take the next step forward in his research by making the sound of an orchestra a spatial experience for the listener. FONDATION SUISA is supporting this project financially with Get Going! funding. Text by guest author Rudolf Amstutz

Michael Kuenstle: “Orchestral spaces” or if music becomes spatially tangible when you listen to it

The composer Michael Künstle (left) from Basel at work in the recording studio. (Photo: Oliver Hochstrasser)

Michael Künstle was completely surprised to win the International Film Music Competition in the 2012 Zurich Film Festival when he was just 21. “At that time, I had just begun my studies”, he comments today, adding, “I am only just starting to understand the significance of this prize now. It was a kind of springboard, also because it has always been an award for competence that nobody can take away from you”.

In the competition, Künstle was up against 144 fellow composers from 27 countries who were all set exactly the same task: composing the score for the short animated film “Evermore” by Philip Hofmänner. Anyone watching the film today can imagine what might have impressed the jury back then: Künstle came up with amazingly subtle sounds, which enhanced the story of the film.

“The fantastic thing about film music is that it is the result of a close exchange with others. A film represents an interplay between countless people and it is vital to take all aspects into consideration: camera work, use of colour and setting”, is the way Künstle explains his fascination with the genre. “The biggest challenge in a film is to say something with the music which has not yet been said in words or pictures, but which is essential for telling the story right up to the end.”

Whether it is in Gabriel Baur’s “Glow”, “Sohn meines Vaters” by Jeshua Dreyfus or “Cadavre Exquis” by Viola von Scarpatetti: the list of films for which Künstle is responsible for the soundtrack keeps on getting longer. The enthusiasm with which Künstle expresses his specialist know-how and thirst for knowledge in conversation is contagious. Also if he is talking about the greats in this field: Bernard Hermann’s knowledge of composition, for instance, or the unique capability of John Williams, “whose works clearly sound like orchestral pieces when listened to without the film, even though they suit the film for which they were written perfectly. This is incredibly difficult to accomplish, because symphonic music traditionally allows closer narrative structures than a film”.

“In contemporary music, the space is often just as important as other compositional elements, such as the subject matter or rhythm, but this essential aspect is often lost in the recording.”

Although he differentiates between concert music and film scores in his own work, he admits “that you can never fully give up one if you do the other”. Elements that he developed in collaboration with director Gabriel Baur for the film “Glow” found their way into the piece “Résonance”, performed by Trio Eclipse in 2016. “But in my concert music, it is mainly a question of compositional forms and structural ideas that cannot be expressed in the film.”

The idea for the project, that FONDATION SUISA is now going to jointly finance with a Get Going! grant, ultimately arose from another important aspect of Künstle’s creativity. Künstle follows, as he emphasises, a philosophy of the “real” which is as close as possible to an actual recital, thanks to the most up-to-date recording techniques. In collaboration with his working partner, Daniel Dettwiler, who owns the “Idee und Klang” (Idea and Sound) studio in Basel, and who, for years, has been researching new recording techniques, Künstle would like to create a spatial composition that can be listened to in a way that had not existed before.

“In contemporary music, the space is often just as important as other compositional elements, such as the subject matter or rhythm, but this essential aspect is often lost in the recording”, is the way he explains the starting point. “I want to reach a point where people listening on headphones hear the three-dimensional space occupied by the orchestra during recording, as if they could literally ‘feel’ the music.” For many years, this research and in a specific way also the conquest of these “orchestral spaces”, was just an idea for Künstle, because, as he stresses, “You can only make this happen in a studio with the best possible sound and the best microphones available”.

Thanks to Get Going!, the next step in this audiophile revolution can now become a reality and in no-less than London’s legendary Abbey Road Studios with an 80-piece orchestra. Therefore, Künstle will compose a piece in which the space where the recording takes place will play a central role. “I want to turn the composition process on its head”, is how he underscores the objective of his project. “Just like film music”, he adds. Again here, first and foremost you start with what you hear. Therefore completing the circle.

www.michaelkuenstle.ch

FONDATION SUISA started awarding new grants in 2018. Under the heading of “Get Going!”, creative and artistic processes that do not fall within established categories are given a financial jump-start. Our Portrait Series profiles recipients of Get Going! funding.

Related articles
“Get Going!” goes into its second round: “We definitely have our fingers on the pulse of our age”“Get Going!” goes into its second round: “We definitely have our fingers on the pulse of our age” Last year, FONDATION SUISA awarded four innovation grants under the title “Get Going!” for the first time in order to promote groundbreaking creative concepts outside the usual boxes. The positive reactions that were received were overwhelming. At the end of June 2019, the call for contributions enters its second round. Read more
“Swiss Film Music features great diversity and high quality”“Swiss Film Music features great diversity and high quality” The box-set “Swiss Film Music”, containing three CDs, one DVD and a book, released by FONDATION SUISA, provides fascinating insights into the history of Swiss film music between 1923 and 2012. A conversation with the musicologist and media scientist Mathias Spohr who acted as artistic director for the project. Read more
Arranging works protected by copyrightArranging works protected by copyright Musical works in the public domain can be arranged at will. But works which are still protected by copyright, i.e. whose author has been dead for less than 70 years, cannot be arranged without permission from the rightholders. How does one go about obtaining such permission, and what points must be regulated in the permission in order to be able to register an arrangement with SUISA? Read more
Collapse article

Leave a Reply

All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

Your email address will not be published.

In his work, composer Michael Künstle deals with the interplay between tonal dramatisation and dramatic tones. The 27-year-old Basel resident would now like to take the next step forward in his research by making the sound of an orchestra a spatial experience for the listener. FONDATION SUISA is supporting this project financially with Get Going! funding. Text by guest author Rudolf Amstutz

Michael Kuenstle: “Orchestral spaces” or if music becomes spatially tangible when you listen to it

The composer Michael Künstle (left) from Basel at work in the recording studio. (Photo: Oliver Hochstrasser)

Michael Künstle was completely surprised to win the International Film Music Competition in the 2012 Zurich Film Festival when he was just 21. “At that time, I had just begun my studies”, he comments today, adding, “I am only just starting to understand the significance of this prize now. It was a kind of springboard,...read more

Everyone come and join us at our General Assembly in Biel/Bienne

Dear members, on 21 June 2019, it’s that time of the year again. At our General Assembly, you will have the opportunity to contact the executives of your cooperative society SUISA and to co-determine the future of your collective management organisation. On that day, we hope that we see a lot of you in Biel/Bienne. By Andreas Wegelin, CEO

Everyone come and join us at our General Assembly in Biel/Bienne

Co-determine the future of your collective management organisation and find out about your cooperative society’s news first hand when you attend the SUISA General Assembly. (Photo: Sibylle Roth)

At the upcoming General Assembly, two new Board members need to be elected and – for the first time in SUISA’s history – consolidated financial statements need to be approved. SUISA applied new structures for itself with a view to the digital age where listening to recorded music via the internet constantly gains importance. On the one hand, the parent company is involved in a joint venture with the US-American society SESAC, on the other hand, online licences are now issued on a global basis via a subsidiary company called SUISA Digital Licensing, based in Liechtenstein.

Be informed first hand when it comes to the latest developments in copyright legislation. Both at European as well at Swiss levels, there is a lot in motion. The European legislative proposal has, above all, driven mainly young internet users to protest on the internet and in the streets. Fired up by social media platforms, it is alleged that freedom of expression was seriously at risk because of the new copyright.

What really is happening with respect to the protection of authors and their works during the exchange on the global internet marketplace is featured on our SUISAblog for you to read, and you can also hear about it first hand at our General Assembly, among others from Géraldine Savary, member of the Swiss Council of States.

Our FONDATION SUISA, the foundation for Swiss music, has also chosen to follow new paths: Instead of granting awards to musicians that are already known, start-up funding is intended to ensure that more new music projects are brought into the limelight. I hope you have a rewarding reading on our SUISAblog and would be very pleased to personally welcome you on Friday, 21 June 2019 at our General Assembly in Biel/Bienne.

Click here for the registration form of the General Assembly.

Related articles
Report from the Board: Overall, a positive financial year 2018Overall, a positive financial year 2018 The SUISA Board and its Committees for Tariffs and Distribution as well as for Organisation and Communication met for their regular spring sessions on 9 and 10 April 2019 at the SUISA head office in Zurich. The most important topic during the spring meeting are traditionally the resolutions concerning the financial statements of the past year for submission to the General Assembly. SUISA publishes two financial statements in accordance with the Standard Swiss GAAP FER from this year onwards. Read more
SUISA General Assembly: Our members’ opinion countsSUISA General Assembly: Our members’ opinion counts SUISA’s General Assembly takes place in the Kongresszentrum Biel (concert hall) on 21 June 2019. For the first time, two financial statements will be presented to the General Assembly; a novelty in SUISA’s history. Furthermore, there are elections on the agenda: The entire Board needs to be newly elected, as does the Distribution and Works Committee; there are also by-elections for the Complaints Committee. Read more
When SUISA does politicsWhen SUISA does politics SUISA and the other Swiss rights administration societies have never been as actively involved in politics as in 2018. But is it really justified for SUISA to become engaged in politics? The revision of copyright law certainly has something to do with SUISA’s political engagement. But the rights administration societies have also taken a stand on numerous other issues: the “No Billag” initiative, gambling legislation, revision of telecommunications law, various parliamentary motions and initiatives, etc. Read more
Collapse article
  1. Gerhard Hählen says:

    Wie kommt man zu einem Anmeldeformular für die GV und mit Programm der GV? Seit ich die digitale Version der Kommunikation angemeldet habe, kriege ich kein Anmeldeformular für die GV mehr?!?

  2. E.Rick Sommer says:

    Liebe SUISA am 21. Juni ist die GV in Biel könnten Sie vielleicht die Uhrzeit angeben wann beginnt die GV
    mit Freundlichen Gruss Rick

Leave a Reply

All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

Your email address will not be published.

Dear members, on 21 June 2019, it’s that time of the year again. At our General Assembly, you will have the opportunity to contact the executives of your cooperative society SUISA and to co-determine the future of your collective management organisation. On that day, we hope that we see a lot of you in Biel/Bienne. By Andreas Wegelin, CEO

Everyone come and join us at our General Assembly in Biel/Bienne

Co-determine the future of your collective management organisation and find out about your cooperative society’s news first hand when you attend the SUISA General Assembly. (Photo: Sibylle Roth)

At the upcoming General Assembly, two new Board members need to be elected and – for the first time in SUISA’s history – consolidated financial statements need to be approved. SUISA applied new structures for itself with a view to the digital age where listening to...read more

Sampling and Remixes

The articles about arrangements in the “Good to know” series have so far focused on “conventional” arrangements of musical works. Sampling and remixes are two additional and specific forms of arrangement. What rights need to be secured when existing recordings are used to produce a new work? What agreements have to be contracted? Text by Claudia Kempf and Michael Wohlgemuth

Sampling and Remixes

From the copyright point of view, remixes and sampling are specific forms of arrangement. (Photo: Tabea Hüberli)

Sound samplings come in many different forms and techniques. But they all have one thing in common: they incorporate parts of a musical recording into a new work. This regularly raises the question whether such parts of works or samples are protected by copyright or – especially in the case of very short sound sequences – whether they may be used freely.

In the case of a remix, an existing production is taken and re-arranged and re-mixed. This may involve taking apart a whole work and putting it together again with the addition of new elements. Theoretically, the degree of re-arrangement in a remix may range from a simple cover version to a completely new arrangement. As a rule, a remix is simply an arrangement. Remixes generally keep a work’s existing title and add a tag which refers either to the form of use (radio edit / extended club version, or similar) or the name of the remixer (generally a well-known DJ).

By contrast with conventional arrangements, in addition to using an existing work to create a derived work or arrangement, samples and remixes also use an existing sound recording. Therefore, one must distinguish between two categories of rights: the rights of the authors of the original work on the one hand (copyrights), and the rights of the performing artists and producers of the recording on the other (neighbouring rights).

Securing the copyrights

In principle, copyright law protects entire works of music, as well as parts of works which meet the qualifying criteria, provided the term of protection of 70 years (after the death of the last deceased author) has not yet expired. The melody, a solo or other elements of a work can therefore be protected and may not be freely used if they qualify as a work of an individual character. This must be determined on a case-by-case basis. The more marked the characteristics of the sampled element, the less likely you will be able to use that element for free. The notion that two bars, nine notes or two seconds of music can be used for free is only a rumour since, regrettably, there is no clear delimitation defining when a part of a work has an individual character.

So if a protected part of a third-party composition is sampled and incorporated into a new work, and the part concerned has an individual character, the arrangement rights in the original work must be secured from the publisher or, in the case of unpublished works, the author. This is done through a sampling agreement or an arrangement licence.

In the case of a remix, a distinction is made depending on who creates the remix: the author of the original work or a third party. For copyright purposes, the original author is essentially free to create remixes of his own work. If, however, the original work was composed by several people, he will need permission from his co-authors to create a remix; and if the original work was published by a label, he will need the permission of the label to use the sound recording (neighbouring rights).

If the remix was created by a third party, a distinction must be made depending on whether the remix was commissioned or made on the remixer’s own initiative. In the latter case, the rights must be secured from the author or his publisher by means of an arrangement license (often referred to as a “remix agreement”).

Securing neighbouring rights

Since sampling and remixes borrow from pre-existing sound recordings, the rights in the recording and the artists’ performances must also be secured. As a rule, the rights of the performing artists are assigned to the record producer or the label when the production is made. These rights are also limited by a term of protection. Currently, the term of protection for recordings in Switzerland is 50 years after the first publication, provided that the recording is actually published for the first time within 50 years of the recording date. Otherwise, the recording date is decisive for the expiry of the term of protection. In the EU, however, the term of protection is 70 years. In the framework of the revision of the Copyright Act currently before the Swiss Parliament, it has been proposed to increase the term of protection under Swiss law in line with that of the European Union.

If the term of protection is still valid, the rights in the recording have to be secured. The rumour that “two seconds are fair use” is fundamentally false. However, there is controversy as to whether recording protection applies to the shortest sound sequences. The European Court of Justice is currently examining this very matter in “Kraftwerk vs. Pelham: Metall auf Metall”.

The rights in a recording are normally held by the record producer, i.e. by the party who bears the economic risk of the recording. The producer can be an artist himself (own productions), a record company (“label”) or a broadcasting company, and the corresponding rights must be secured accordingly. Colloquially, the rights in the recordings are often referred to as “master rights”.

NB. A work’s term of protection may have expired while the recording is still protected. In this case, the rights in the work no longer need to be secured, but the rights in the recording still do. This would also apply to recordings of natural sounds and animal cries, for example, which are not protected by copyright. In this case, the recording, as the economic output of the producer, is protected just the same.

Main points of a sampling agreement

Depending on the circumstances, the sampling agreement (also referred to as a “sample clearance agreement”) regulates the rights in a work and its recording. When these rights are all held by the same party, a single agreement can be made. As a rule, however, two agreements will be concluded: one with the author or his publisher, and the other with the record label. The following points must be covered:

  • Name and address of the contracting parties (pseudonyms if applicable)
  • Subject of agreement: work and/or recording. Duration of the sample. How exactly may the sample be used? Can it be altered?
  • Scope of licence: what rights are granted? Is the licence exclusive or non-exclusive? For which territory and for how long?
  • Rights splitting/licence shares: in most cases, rights are determined by the shares of the participants in the work. The authors of a new work and the rightholders of the original work are all entitled to a share in the new work. The sampling agreement must in any event indicate the splitting. In addition to this rule which depends on the economic success of the new production, the original rightholders may demand a lump-sum fee for the arrangement right. Moreover, the royalty for the use of the recording usually takes the form of a percentage per sold copy of the new production, or of a lump-sum fee.
  • Distribution timetable: when and how often are rights settled?
  • Warranties: the rightholder must warranty that he holds all the relevant rights in the sample.
  • Place, date, signature of rightholder
  • Governing law and jurisdiction

Main points of a remix agreement

A remix agreement must specify whether the remix is commissioned or the remixer is acting on his own initiative and applying for a remix licence. Depending on the premises, the agreements can be quite different. Moreover, in the case of a remix and depending on the circumstances, the rights in the work and the recording also have to be regulated. When these rights are all held by the same party, a single agreement can be concluded. As a rule, however, two agreements have to be made: one with the author or publisher, and the other with the performing artist or record label. The following points must be covered:

  • Name and address of the contracting parties (pseudonyms if applicable)
  • Subject of agreement: work and/or recording. Duration. Title of the remix. Credits.
  • Production terms: delivery date, special requirements (if commissioned)
  • Scope of licence: what rights are granted? Is the licence exclusive or non-exclusive? For which territory and how long?
  • Fees: as a rule, a lump-sum fee is agreed, more rarely a participation in sales and other licence fees such as sync fees.
  • Rights splitting: as the arranger of the newly created work, the remixer is usually (but not necessarily) given a share. Accordingly, the arrangement percentage indicated in SUISA’s Distribution Rules is applicable (see article “Arranging works protected by copyright”). In rare cases, if, for example, the remixer’s contribution to the new work is very significant, he will be granted co-authorship status in the remix. In these cases his participation may also be higher.
  • Distribution timetable: when and how often are rights settled?
  • Place, date, signature of rightholder
  • Governing law and jurisdiction

When does a remix or a work containing samples have to be registered with SUISA?

When filing an application to register a work with samples excerpted from a protected work, the sampling agreement (which does not have to be expressly designated as such) must be enclosed or – in the case of online registration – uploaded. The rights splitting must be clearly indicated in the sampling agreement. Otherwise, the new work cannot be registered.

NB. In contrast to conventional arrangements where the arranger is registered as such for the new work, it is general practice for works with samples to list all the authors as co-authors of the work. The authors and, if applicable, publishers of the work from which the samples are taken thus become co-rightholders of the new work. When applying to register a work, it is important to list all rightholders of the work from which the samples are excerpted or at least to clearly state which original work was sampled.

When filing an application to register a remix of a protected work, the remix agreement (which does not have to be expressly designated as such) must be enclosed or – in the case of online registration – uploaded. The remixer will only be granted a share of the earnings if the remix agreement clearly indicates that he is entitled to a share. If no percentage is specified, the remixer will be entitled to the share allotted to the arranger under the Distribution Rules. If no reference is made to any share, SUISA will record the name of the remixer in the original version with the comment that the remix is approved but the remixer is not entitled to any share. If a publishing house registers a remix of a work which it published in the original, SUISA waives the need for a remix agreement since the publisher can always secure the arrangement rights directly from its author.

Summary

In addition to the arrangement rights (copyright), remixes and sampling always also affect neighbouring rights, since they use existing recordings (containing the rights of performing artists). The rights in the recording may be held by the same rightholder as the arrangement rights (author or publisher), or by a third party (often a record company or label), and must be secured even for very short sequences. The more rightholders involved, the earlier one should start enquiring and securing the rights. Likewise, remix and sampling permissions should always be recorded as written agreements (which also facilitates registration of the works with SUISA) and should clearly indicate how rights are split.

SUISA assists its members in locating the rightholders. In the case of published works, it provides the publisher’s particulars so that he can be contacted directly. In the case of unpublished works, it forwards enquiries to the authors or their heirs. Enquiries should be addressed to: publisher (at) suisa (dot) ch Details of the producers of a recording can be found under the ℗ note on the recording itself.

Related articles
Arrangement of works in the public domainArrangement of works in the public domain Before you start arranging musical works that are not protected by copyright, it is worth being aware of the legal pitfalls in order to avoid costly stumbles. Seeking inspiration from others, arranging existing works for different instrumentation, incorporating all or part of existing compositions into new works … these are age-old practices. Read more
Arranging works protected by copyrightArranging works protected by copyright Musical works in the public domain can be arranged at will. But works which are still protected by copyright, i.e. whose author has been dead for less than 70 years, cannot be arranged without permission from the rightholders. How does one go about obtaining such permission, and what points must be regulated in the permission in order to be able to register an arrangement with SUISA? Read more
The beats from others – but your own songsThe beats from others – but your own songs The melody is a catchy tune but the groove just doesn’t match. For days, you haven’t got rhythm while some ingenious lyrics are on the tip of your tongue. There are many reasons why creators use someone else’s raw material for their own songs. The following legal and practical tips on how to deal with bought-out beats help you keep in sync with formalities. Read more
Collapse article

Leave a Reply

All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

Your email address will not be published.

The articles about arrangements in the “Good to know” series have so far focused on “conventional” arrangements of musical works. Sampling and remixes are two additional and specific forms of arrangement. What rights need to be secured when existing recordings are used to produce a new work? What agreements have to be contracted? Text by Claudia Kempf and Michael Wohlgemuth

Sampling and Remixes

From the copyright point of view, remixes and sampling are specific forms of arrangement. (Photo: Tabea Hüberli)

Sound samplings come in many different forms and techniques. But they all have one thing in common: they incorporate parts of a musical recording into a new work. This regularly raises the question whether such parts of works or samples are protected by copyright or – especially in the case of very short sound sequences –...read more

Overall, a positive financial year 2018

The SUISA Board and its Committees for Tariffs and Distribution as well as for Organisation and Communication met for their regular spring sessions on 9 and 10 April 2019 at the SUISA head office in Zurich. Report from the Board by Andreas Wegelin

Report from the Board: Overall, a positive financial year 2018

Apart from the Cooperative Society SUISA, there is now also a SUISA group, which includes the subsidiary company SUISA Digital Licensing and the 50% holding in the Joint Venture Mint Digital Services AG. (Photo: Natalie Schlumpf)

The most important topic during the spring meeting are traditionally the resolutions concerning the financial statements of the past year for submission to the General Assembly. SUISA publishes two financial statements in accordance with the Standard Swiss GAAP FER from this year onwards, one for the parent company, the Cooperative Society SUISA, and one consolidated financial statement for the SUISA group. The group comprises the subsidiary company SUISA Digital Licensing with headquarters in Vaduz (FL) and the 50% holding in the company Mint Digital Services AG, Zurich, a Joint Venture by SUISA and the American organisation for music rights, SESAC.

The annual financial statements of the group as well as of the parent company show an overall positive picture. Total collections reached a new high of CHF 160.8m. Income from the licensing of the online music business surpassed CHF 10m for the first time and contributed to this result.

Unfortunately, the secondary income was much lower last year. The reason for this is the bad investment year. Securities income only reached CHF 0.6m in 2018. In 2017, this amount still stood at CHF 3m. As a consequence, this difference now lacks in terms of covering expenditure for 2018. Nevertheless, cost coverage deductions taken from the settlements to members should not increase. The Board therefore decided to use more money from the liabilities that became available for the financing of the costs, and has subsequently reduced the supplementary distribution from 7% to 5%.

Preparations for the General Assembly

Additional topics were the preparation of other business for the General Assembly: the analysis of the organisation’s risks, the resulting management report and the approval of the entire annual report for submission to the GA. Lastly, nominations for two retiring Board members had to be decided upon, and documents relating to the investment policy and the compensation of Board members that had become necessary due to the new Articles of Association had to be resolved.

The Board took notice that Executive Committee was making efforts and got involved with the relevant departments to collect remuneration from abroad. In this context, it is important to take into consideration that the laws, tariffs and distribution rules are different at our sister societies and that SUISA cannot be held responsible for that. The Board therefore rejected the claim for a settlement of a member which held the view that it had not received enough remuneration for usages abroad.

Finally, the Board had to say farewell to executive assistant Dora Zeller, who is going to leave SUISA in order to retire. President Xavier Dayer expressed his thanks in the name of the entire Board for the turntable-like function that Dora Zeller had mastered with distinction throughout the last 10 years, and wished her well for the next, ‘third’ phase in her life.

Related articles
The first year of SUISA Digital Licensing AGThe first year of SUISA Digital Licensing AG A little more than one and a half years ago, SUISA founded its subsidiary company, SUISA Digital Licensing AG. The subsidiary company has now completed its first business year. A year which was under the auspices of development and brought about a multitude of new findings. It is time for retrospection and a first interim summary. Read more
SUISA General Assembly: Our members’ opinion countsSUISA General Assembly: Our members’ opinion counts SUISA’s General Assembly takes place in the Kongresszentrum Biel (concert hall) on 21 June 2019. For the first time, two financial statements will be presented to the General Assembly; a novelty in SUISA’s history. Furthermore, there are elections on the agenda: The entire Board needs to be newly elected, as does the Distribution and Works Committee; there are also by-elections for the Complaints Committee. Read more
Play abroad, communicate with SUISA at homePlay abroad, communicate with SUISA at home How do I get access to my copyright remuneration for my concerts abroad? What do I need to consider when registering works with SUISA if the co-author of my song is a member of a foreign collective management organisation? Important and frequently asked questions on international musical activities are answered in the following. Read more
Collapse article

Leave a Reply

All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

Your email address will not be published.

The SUISA Board and its Committees for Tariffs and Distribution as well as for Organisation and Communication met for their regular spring sessions on 9 and 10 April 2019 at the SUISA head office in Zurich. Report from the Board by Andreas Wegelin

Report from the Board: Overall, a positive financial year 2018

Apart from the Cooperative Society SUISA, there is now also a SUISA group, which includes the subsidiary company SUISA Digital Licensing and the 50% holding in the Joint Venture Mint Digital Services AG. (Photo: Natalie Schlumpf)

The most important topic during the spring meeting are traditionally the resolutions concerning the financial statements of the past year for submission to the General Assembly. SUISA publishes two financial statements in accordance with the Standard Swiss GAAP FER from this year onwards, one for the parent company, the Cooperative Society SUISA, and one...read more

Adapting federal copyright law to digital usage

On 26 March 2019, after months of protest on the streets and in the Internet community, the European Parliament approved the proposal for a new EU Directive on Copyright in the Digital Single Market. Revision of copyright law in Switzerland and the EU: where are the similarities, where are the differences? Text by Andreas Wegelin

Adapting federal copyright law to digital usage

In the EU member states, the reform of copyright law has driven mainly young internet users to protest on the internet and in the streets. Fired up by social media platforms, it is alleged that freedom of expression was seriously at risk because of the new copyright. (Photo: Emmanuele Contini / NurPhoto via Getty Images)

On 12 March 2019, a few days before the decision of the EU Parliament, the Council of States referred the bill for the revision of Swiss copyright law back to the advisory Committee for Science, Education and Culture (CSEC) with instructions to take into account current developments in the EU.

Despite the carefully balanced compromise fostered in the Working Group on Copyright (AGUR) by Federal Councillor Sommaruga, Minister of Justice at the time, the copyright law revision is now threatened by further delays, not to mention the risk that special interests, which had been set aside as part of the compromise, may surface anew.

The main revisions in the EU Directive

The European Directive contains two fundamental improvements in copyright protection which are particularly controversial:

the liability of platform providers for the sharing of content uploaded by consumers
This provision mainly concerns the major social media platforms (Google, Apple, Facebook and Amazon, or GAFA for short). Under existing EU law, platform operators can argue that they are merely service providers and are not responsible for the content made available on their platforms. This position is rooted in the EU’s e-commerce directive of 2000, which had limited the liability of service providers (under what was termed the “safe harbour” principle) with a view to stimulating the digital economy.

In the meantime, it has been rightly recognised that the uploading of protected content by private persons infringes copyrights. Even providers such as Google have sought contact with major rights owners and collecting societies because of Youtube, but only offered financial compensation on a “voluntary” contractual basis. It is precisely because content-sharing platforms like Youtube make available practically all existing content that they are so popular with growing numbers of music and film enthusiasts.

Article 17 of the new Directive (Article 13 of the original draft) provides that EU Member States must enact rules stipulating that service providers are liable for the content shared (uploaded) on their platforms.

As a result, GAFAs will be obliged either to conclude licence agreements with all rightholders, or to introduce technical mechanisms (upload filters) to prevent altogether the uploading of protected content. It was this latter prospect which inflamed the Internet community and led to demonstrations in front of the EU Parliament against what was feared would lead to drastic restrictions on the freedom of expression and artistic freedom.

Protecting press publishers from the publication of their articles on internet platforms
Article 15 (formerly 11) of the new Directive also proved very controversial in the parliamentary debates. The proposed neighbouring rights protection was designed to grant publishers a participation in the dissemination of their content, e.g. on Google News. Interestingly, however, the simple reference to Google News can serve to increase a press publisher’s reach, and news per se cannot be protected by copyright. Similar regulations in individual EU countries have proved ineffective, particularly because major publishers prefer to benefit from free advertising on Google News rather than threaten Google News with a licence claim and risk being ignored.

The key points of the Swiss revision

Different legal situation compared to the EU
The Federal Copyright Act (FCA) and Switzerland’s legal situation are considerably different to EU law and the copyright legislation of the individual EU Member States. The EU Directive of 2000 on the single market is not applicable in Switzerland. GAFAs cannot invoke the “safe harbour” principle here. In principle, platform operators are already liable for the content shared by their users, but enforcing a liability claim is a complex and hazardous process. Switzerland’s copyright legislation also recognises the principle that, relying on private copying rules, consumers are entitled to use content from the Internet regardless whether or not the source is licensed to make it available. This liberal approach reflects the acknowledgement that only the provider can reasonably license the mass consumption of content from the Internet, certainly not the consumer.

The AGUR compromise
The AGUR compromise was adopted in March 2017 in the context of the Swiss legal framework described above. Relying on that compromise – which contained some grey areas disadvantageous to authors – the Federal Council submitted a revised bill to Parliament. The bill contained a “stay down” obligation designed to reinforce the liability of online content-sharing service providers: once content is qualified as illegal, providers must keep it off their platforms permanently. In addition to other important improvements for authors, which we have already reported elsewhere, the Federal Council’s proposal contains changes for digitisation, such as a “scientific” exception or limitation for text and data mining, and licensing simplifications through extended collective licensing. The last two proposals are also part of the recently adopted EU Directive (Articles 4 and 12).

Remuneration for journalists and neighbouring rights for publishers
On 12 February 2019, the Committee of the Council of States proposed to introduce an entitlement to remuneration for journalists and neighbouring rights protection for publishers whose work is used on Internet platforms. The introduction of an entitlement to remuneration for journalists would certainly be welcome, and might even suffice if journalists, as the original creators, would involve their publishers in the claims. This would avoid having to introduce a controversial neighbouring right with the dubious effect described above.

Exception for libraries
At the last minute, the Committee of the Council of States also proposed to exempt public libraries from the obligation to pay remuneration for the rental of works – a provision in force since 1993. Public libraries lobbied actively for this exemption; under the existing tariff, libraries do not have to pay a fee on the rental of works provided they charge an annual fee rather than individual fees when they rent out works. Whatever the case, the truth of the matter is that libraries make books, DVDs, CDs or music streaming available to their users for a small fee, in competition with the markets concerned.

Exception for reception in hotel and guest rooms
As with public libraries, the exception for guest rooms deviates from the AGUR compromise to the detriment of authors. Intensive lobbying by the hospitality industry had already led the National Council to propose an exception for the reception of programmes in hotel rooms and holiday flats in December 2018. Moreover, the exception was extended to rooms in institutions and prison cells. This demand also stems from a tariff dispute with the collecting societies. In 2017, the Federal Supreme Court ruled that the use of works in such premises did not qualify as private use if the hotelier or landlord arranges reception and makes the corresponding equipment available. In this case, both are acting with the intent of making a profit, i.e. the provision of reception facilities for protected content is a sales argument for landlords and influences their turnover. Artists should not be required to subsidise the hospitality industry through this exception; their situation would then be significantly worse than under existing copyright law.

Switzerland needs updated copyright legislation now – without any new exceptions!

Switzerland has been struggling to modernise its copyright law since 2010. The AGUR compromise made some progress in adapting the law to the contemporary environment. Individual interests that run counter to this modernisation are liable to emerge in parliamentary debates and may even lead to a worsening in the existing law. This must not be allowed to happen. The situation is somewhat different for journalists: the re-use of press products on the Internet must be seriously examined when the law is updated. Maybe the time is not yet ripe. This was also acknowledged by the Committee of the Council of States in its second consultation on copyright law on 29 April, and it called on the Federal Council, by way of a postulate, to examine the development of copyright law in Europe.

In its 2019 summer session, Parliament would be well-advised to adopt the copyright law revision on the basis of the AGUR compromise without any new exceptions for public libraries or the hospitality industry.

Cautious take-over and adaptation of the EU Directive to Swiss specificities

The new EU Directive could nevertheless serve as a model for additional changes to Swiss law in the future. As mentioned above, the CSEC of the Council of States has asked the Federal Council to produce a report on the situation of journalists and newspaper publishers in particular; in this context, the liability of online content-sharing service providers should be examined more closely. What is more, the sharing or uploading of protected content on the Internet is even less controllable than private copying. The EU Directive therefore rightly establishes a liability on the part of GAFAs, because they are the ones who make sharing possible and attractive in the first place. However, it will be difficult for GAFAs to license each uploaded contribution from the individual rightholders.

One option might be to oblige the platforms to remunerate rightholders on a lump-sum basis for the sharing of content on their platforms. Anything demanding unreasonable technical effort to control should generally be allowed; on the other hand, online content-sharing service providers would be obliged to compensate authors and other rightholders via the collecting societies under a legal licence similar to private copying. In the next few years, the Swiss Parliament will have to revisit these issues again in more depth with a view to implementing the EU Directive across the borders.

Post-revision is pre-revision

Swiss copyright legislation is likely to remain a work in progress for some time to come. Digitisation, the easy global exchange of protected works on the Internet, and technological advances such as artificial intelligence or machine learning mean that legal standards will have to be reviewed again. The current revision of Swiss copyright law, hopefully to be completed in June 2019 based on the AGUR compromise, is not final but merely the prelude to the next revision.

Related articles
Copyright law revision: compromise is the key to success – no exceptions for hotel roomsCopyright law revision: compromise is the key to success – no exceptions for hotel rooms The revision of the existing Copyright Act is entering the decisive phase this year. After seven years’ preparatory work, parliamentary debates have now started. The revised act could come into force on 1.1.2020 if both federal houses respect the delicate compromise. Read more
When SUISA does politicsWhen SUISA does politics SUISA and the other Swiss rights administration societies have never been as actively involved in politics as in 2018. But is it really justified for SUISA to become engaged in politics? The revision of copyright law certainly has something to do with SUISA’s political engagement. But the rights administration societies have also taken a stand on numerous other issues: the “No Billag” initiative, gambling legislation, revision of telecommunications law, various parliamentary motions and initiatives, etc. Read more
Copyright Act Review: Authors and publishers must benefit more from the online exploitation of their worksCopyright Act Review: Authors and publishers must benefit more from the online exploitation of their works The Federal Council has adopted a dispatch on the new Copyright Act. SUISA is in principle content with the current version of the law. The solutions achieved in the working group for the Copyright Act (AGUR12 II) were implemented. In order for authors, performers, publishers and producers to benefit better from the digitisation, it is necessary to adopt important additions. Read more
Collapse article

Leave a Reply

All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

Your email address will not be published.

On 26 March 2019, after months of protest on the streets and in the Internet community, the European Parliament approved the proposal for a new EU Directive on Copyright in the Digital Single Market. Revision of copyright law in Switzerland and the EU: where are the similarities, where are the differences? Text by Andreas Wegelin

Adapting federal copyright law to digital usage

In the EU member states, the reform of copyright law has driven mainly young internet users to protest on the internet and in the streets. Fired up by social media platforms, it is alleged that freedom of expression was seriously at risk because of the new copyright. (Photo: Emmanuele Contini / NurPhoto via Getty Images)

On 12 March 2019, a few days before the decision of the EU Parliament, the Council of States referred the bill for the...read more

“Get Going!” goes into its second round: “We definitely have our fingers on the pulse of our age”

Last year, FONDATION SUISA awarded four innovation grants under the title “Get Going!” for the first time in order to promote groundbreaking creative concepts outside the usual boxes. The positive reactions that were received were overwhelming. At the end of June 2019, the call for contributions enters its second round. Text by FONDATION SUISA

FONDATION SUISA: “Get Going!” goes into its second round: “We definitely have our fingers on the pulse of our age”

The recipients of the “Get Going!” contributions 2018 (from top left to bottom right): Beat Gysin, the Duo Eclecta, Michael Künstle and Bertrand Denzler. (Photos: Anna Katharina Scheidegger; Andrea Ebener; Zak van Biljon; Rui Pinheiro)

Urs Schnell, Managing Director of FONDATION SUISA, explained the new promotion policy resolved by the foundation council, a year ago: “Instead of patting an artist on the shoulder by awarding them a prize after their success, we invest the money we have available with a focus on the future.” He adds: “Promotion instead of judgement is the goal, and as such, one would “want to increase the focus towards what lies ahead.”

No sooner said than done. The first invitation to bid for “Get Going!” led to more than 90 contributions. Such a significant interest for something completely new was simply overwhelming for him, Schnell adds. “We definitely have our fingers on the pulse of our age. Even though we did not expect it in such a degree since such an openly formulated invitation for contributions was, despite all analyses, an innovative shot in the dark.”

Bertrand Denzler, Michael Künstle, Beat Gysin and the Duo Eclecta (Andrina Bollinger and Marena Whitcher) were the first recipients in the context of “Get Going!”. The amount of CHF 25,000 each was attributed to them because they were able to convince the expert jury with their creative visions. Since this start-up funding is not linked to a result, it enables musicians to work without any financial or time pressure. “I believe that the time factor in an ever more hectic environment has become a goods which must not be underestimated in terms of its preciousness”, Schnell mentions in the context of one of the advantages of “Get Going!”.

Invitation to tender of “Get Going!” 2019 from the end of June

From the end of June, authors and musicians who can prove that they have a clear relation to current music creation in Switzerland or Liechtenstein, can apply to contribute to “Get Going!” again. In 2019, another four of such start-up fundings are awarded by the expert jury amounting to CHF 25,000 again.

It is important to mention that “Get Going!” does not compete with or affect any other support projects by FONDATION SUISA, in particular the current application system, existing partnerships, exhibitions and events abroad or the playing of music in classrooms.

Schnell elaborates: “On the contrary, the new model is, in terms of providing an important start-up support, a supplement to the existing types of promotion. We wish to explore new creative places and prevent in future that certain projects fall through the cracks.”

Urs Schnell knows that the “Get Going!” invitation to tender may be a bit confusing at the outset due to its formulation which has been kept wide open: “Musicians ere conditioned throughout the last few decades by way of the traditional promotional instruments to develop a certain application behaviour. With the new direction, we are trying to move towards the artists as a supporter and with this reversal to push the free creative thinking back into the focus of attention.” In order to point out the possibilities of “Get Going!”, recipients of last year´s “Get Going!” grants are published on the FONDATION SUISA website as well as the SUISAblog portrait.

www.fondation-suisa.ch

Related articles
Bertrand Denzler: Sound space surveyor and ambient sound explorerSound space surveyor and ambient sound explorer Saxophonist Bertrand Denzler is always working on new opportunities to express himself in the delicate balance that lies between improvisation and composition. The 55-year-old musician from Geneva, who is now resident in Paris, now intends to extend the frontiers of his artistic dialogue with others even further using “roaming residencies”. FONDATION SUISA is supporting this project financially with Get Going! funding. Read more
Arranging works protected by copyrightArranging works protected by copyright Musical works in the public domain can be arranged at will. But works which are still protected by copyright, i.e. whose author has been dead for less than 70 years, cannot be arranged without permission from the rightholders. How does one go about obtaining such permission, and what points must be regulated in the permission in order to be able to register an arrangement with SUISA? Read more
“SUISA Day” at the Murten Classics Festival proves a resounding success“SUISA Day” at the Murten Classics Festival proves a resounding success The programme of the Murten Classics Festival included a full day of contemporary music on 25 August 2018 as part of the concert series “Offen für Neues”. The concert day, supported by SUISA and recorded by Radio SRF 2 Kultur, met with a positive response all round. Read more
Collapse article

Leave a Reply

All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

Your email address will not be published.

Last year, FONDATION SUISA awarded four innovation grants under the title “Get Going!” for the first time in order to promote groundbreaking creative concepts outside the usual boxes. The positive reactions that were received were overwhelming. At the end of June 2019, the call for contributions enters its second round. Text by FONDATION SUISA

FONDATION SUISA: “Get Going!” goes into its second round: “We definitely have our fingers on the pulse of our age”

The recipients of the “Get Going!” contributions 2018 (from top left to bottom right): Beat Gysin, the Duo Eclecta, Michael Künstle and Bertrand Denzler. (Photos: Anna Katharina Scheidegger; Andrea Ebener; Zak van Biljon; Rui Pinheiro)

Urs Schnell, Managing Director of FONDATION SUISA, explained the new promotion policy resolved by the foundation council, a year ago: “Instead of patting an artist on the shoulder by awarding them a prize after their success, we invest the money we have available with...read more