In a rather short time, generative artificial intelligence (AI) has spread widely and has long reached the music sector. This raises a rather important question for music creators: Is it permissible to train AI with protected works without having to acquire a licence and to pay a licence fee? In Switzerland, this question has now also reached the realms of politics: The motion Gössi was passed by parliament, and the Federal Council now has to prepare a legal bill. What’s clear for SUISA: Innovation is important but must not be based on the fact that human creativity is turned into the basis for new business models with no licence and without payment of a fee or remuneration.
Review
On 30 November 2022, the first version of ChatGPT was released. Within just a few months, generative AI morphed from a niche subject to a social matter of course. Soon, music generating applications such as Suno entered the market. Since then, there are discussions at global level, under which conditions copyright protected works (music, literature, images etc.) may be used for the training of AI models. The copyright laws of various nations only provide insufficient answers so far.
In January 2024, the two collective management organisations Gema (Germany) and Sacem (France) published a study on generative AI and music. The study predicted a substantial shift of value creation in the music sector at the expense of human creators: According to the results of the study, a loss of income for composers, lyricists and publishers amounting to 27 percent is to be expected by 2028.
Petra Gössi, member of the Council of States, submitted the motion “Better protection of intellectual property against AI misuse” (“motion Gössi”) on 20 December 2024 in Switzerland. The Federal Council recommended for the motion to be carried. In its spring session 2025, the Council of States approved the motion. After SUISA, together with its sister societies, had become involved in the debate early on, the opponents of the motion became active soon enough. Various representatives from technology and research sectors also made their voices heard on the political stage. They were worried about negative implications for Switzerland as a business hub and research location. The National Council’s committee consequently suggested an adapted version of the motion: The protection of intellectual property should continue to be strengthened; however, additional demands were made that research, development and economic use of AI in Switzerland would not be impaired disproportionately. The National Council adopted the motion in this modified version in September 2025, and the Council of States confirmed the decision at the end of 2025.
Since the adoption and the referral of the motion Gössi in December 2025, the Federal Council is obliged to develop a legal regulation. The Federal Institute of Intellectual Property (IPI) is currently developing some first conceptional drafts for such a legal bill. This process is still taking place within the administration at this time. It is expected that interested parties will have the opportunity to issue statements to the proposals from autumn 2026 onwards. SUISA is also going to get involved and is currently preparing for this together with its sister societies and in consultation with other partners and associations.
Outlook
AI generated music is threatening to replace the music created by humans in playlists, radio/TV broadcasts, advertisements, background music, social media and other areas. At the same time, the works of the creators are constituting the foundation for these new business models. Without a legal solution, the remuneration will, however, not end up with the rightsholders but with the providers of the AI technology. This is where copyright must come into play. It must ensure that technological development and cultural diversity are not played off against each other. Switzerland has the opportunity to choose a pragmatic path: open for innovation but also setting a clear signal for the recognition of the rights of the creators.
The coming months are therefore crucial. The proposal by the Federal Council and the subsequent consultation draft shall reveal the direction that Switzerland is going to choose. SUISA is going to support a legal solution which is effectively protecting the interests of the rightsholders.
