“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.

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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
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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.

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  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

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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.

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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.

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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.

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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.

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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

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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

KT Gorique, conquering the East side

SUISA member KT Gorique had been invited to the panel organised by SUISA, “Hit the World” at the M4music Festival 2019, in her capacity as an expert for songwriting in the Rap genre. Shortly afterwards, it became known that she is one of the price winners of the Swiss Music Awards 2019. An interview with the rapper who lives in the Valais, and who carries her music into the whole of Switzerland. Text by guest author José Tippenhauer, Swissmusic.ch

KT Gorique, conquering the East side

“She performed on stage in the Senegal, in Canada and all over Europe and it is not possible to imagine the Swiss rap scene without her”, writes the Federal Agency for Culture (BAK) with regards to the recent award winner of the Swiss Music Award 2019, KT Gorique. (Photo: Jérémie Carron)

KT Gorique deserves her nickname “Swiss knife”. After winning the international rap improvisational contest End of the Weak in New York in 2012, she starred in the film Brooklyn by Pascal Tessaud, portraying the young rapper Coralie. In 2016, she released her first album Tentative de Survie and last year, she entered the charts with her project Kunta Kita. A few weeks after her nomination at the Swiss Music Awards, her ascent continues. She’ll be warming-up for Nicki Minaj at Hallenstadion (Zürich) and is so far the only French-speaker on the bill at Frauenfeld. 2019 is full of promise for this Valaisanne rapper with whom we talked about Switzerland, her inspirations and her creative processes.

Your last project “Kunta Kita” was released in July 2018. What’s been the outcome for you?
KT Gorique: This project has marked a big change in my career. I could not have expected half of what has happened to me as a result!
Since its release, I’ve played forty gigs, including my first as headliner, and several were sold-out (St. Gallen, Lucerne …). These last six years, I’ve primarily done “discovery” gigs for people who didn’t necessarily know me. With “Kunta Kita”, a fan base has now been established. The paradox is that most of my audience comes from German-speaking Switzerland despite the fact that I sing in French, quite unbelievable!
The project is distributed by the Zurich label FarMore Records, but most importantly, in September SRF3 named me “Best Talent” of the month. It’s mainstream radio that has brought me to a different audience. I notice it at my concerts where there are now hip-hop fans, punks, rastas, rockers, young and old people. For me, this is the best gift. I make music for everyone, not just for those who already have the rap vocabulary.

Now that you’re performing a lot in German Switzerland, what do you think of this famous Röstigraben (the symbolic barrier between the French and German-speaking parts of the country)?
The budget that the audience is ready to part with is very different. I recently played a date in Lausanne with other French-speaking artists, the entry fee was 25 CHF. I thought people would find it expensive and, indeed, the room was not full. The following week, I played in German Switzerland, just me and a warm-up act for 30 CHF, and the venue was full!
I have the impression that in Romandie (French part of Switzerland) we seek our identity from the French side. Whereas when the Swiss Germans see Swiss artists who have talent, they say “it’s cool because they are good and especially because they are Swiss!” And they will encourage them.
In Romandie, we tend to appreciate our artists only if they are validated in France, or at least outside our borders. Fortunately, things are starting to change. I recently performed with Danitsa, Comme1Flocon, SWK and Chien Bleu – a similar line-up with just French-Swiss artists would have been impossible 3 years ago!
To come back to the Röstigraben, when I tell the Romands that I am going to gig in German Switzerland, they say to me: “But aren’t they really closed-minded?!” On the contrary, I realize that they are twice as open as us! The proof is that they welcome us, but the Swiss-German rappers are unknown here.

In “Outta Road”, you hit upon people dressed in yellow vests, before the group had become a movement. In your “NAYUNO Session”, you talk about the “Gilets jaunes”, saying: “yellow has the edge this winter, they wear it as a vest, I want everyone together.” Is this a cutting remark?
On the contrary, it’s a message of encouragement. If I were French, I would be on the road every day with them, wearing yellow vests all the time, even on my legs!
Everything I write comes from instinct. I find it wonderful when I see people who do not necessarily come from the same social backgrounds asserting their rights as human beings, because they are in an unfair or unbearable position. So when I say “I want everyone together” it means “I’m with you till the end!”

Let’s talk specifically about your creative process. What do you mean by “writing from instinct”?
To come up with lyrics, first of all, I need a beat. I can sometimes write a little without one, but it won’t result in an entire song. When I want to start writing a song, I automatically need to have music, it’s what determines the words.
With regard to inspiration, my source is the day-to-day. There are many things in life that I’m sensitive to. It can be what I see, what I live, what I hear, the experiences of people around me, my family or difficulties that I encounter. It can be very personal, but also more global – as in the example of the Gilets jaunes.
From there, I’m guided by the music and emotions. I try to connect to what I’m feeling and to shape this around the rhythm. I quite often write on my computer, otherwise, when I want to keep things really sharp and instinctive, I write out the lyrics directly in my head. I do one sentence after another and I retain them little by little, without having to transcribe anything onto a sheet of paper. The voice melodies and the flow then start to follow naturally, depending on what I want to say. This way I feel much more instinctive: direct in what I mean and how I want to come across.

In addition to writing your lyrics, you also compose your own beats. How do you do this? What sounds do you start with?
Yes, I compose from time to time. In theory, I start off with a base, a little vibe that acts as an energy, for example something that could be melancholic, a bit reggae or a little cainfri (“African”). I always set off with a kind of colour that’s in my head, it’s actually very abstract. I then try to transcribe, melodically-speaking, what’s in my head, using a lot of samples on my MIDI keyboard. I keep looking and looking until I find the right sound or the notes that speak to me. I then start with the basic melody and I build around it from there. I continue like this until my instrumental part is composed.

KT Gorique on Youtube

The interview with KT Gorique was held in the course of the thematic dossiers “A la découverte du rap romand” (Discovering Rap in the French part of Switzerland) by Swissmusic.ch and was first published there in March 2019.

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SUISA member KT Gorique had been invited to the panel organised by SUISA, “Hit the World” at the M4music Festival 2019, in her capacity as an expert for songwriting in the Rap genre. Shortly afterwards, it became known that she is one of the price winners of the Swiss Music Awards 2019. An interview with the rapper who lives in the Valais, and who carries her music into the whole of Switzerland. Text by guest author José Tippenhauer, Swissmusic.ch

KT Gorique, conquering the East side

“She performed on stage in the Senegal, in Canada and all over Europe and it is not possible to imagine the Swiss rap scene without her”, writes the Federal Agency for Culture (BAK) with regards to the recent award winner of the Swiss Music Award 2019, KT Gorique. (Photo: Jérémie Carron)

KT Gorique deserves...read more

SUISA 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. Text by Dora Zeller

SUISA General Assembly 2019: Our members’ opinion counts

Last year, voting members and guests gathered in Berne (see picture). The next General Assembly of SUISA takes place on Friday, 21 June 2019 in the concert hall of the Congress Centre in Biel. (Photo: Manu Leuenberger)

At the SUISA General Assembly 2019, the agenda item annual report includes, apart from the usual financial statements of the Cooperative Society for the year 2018, the consolidated financial statements for the SUISA group and will be presented to voting members for approval for the first time. The consolidated financial statements contain the annual accounts of the organisations which are directly or indirectly controlled by SUISA. They include SUISA Digital Licensing AG, based in Vaduz (FL) as well as the Joint Venture Mint Digital Services AG, where SUISA has 50% in holdings. Both sets of statements were examined by auditing firm BDO and recommended for approval.

Election of the Board

Of the 15 current members of the SUISA Board, 13 are standing for re-election for another term of office. Two previous members are going to leave the Board due to the limitation of the term of office: Marco Zanotta (Vice President) and Bertrand Liechti (President of the Board Committee for Finance and Controlling) have been contributing to SUISA’s developments for 20 years. Prior to their official farewell, they are going to look back on their time in the office and share their memories and some highlights with the audience.

The two nominees for the Board that have been proposed are intended to lower the average age of the Board: Grégoire Liechti, born in 1981, from Geneva, is intended to replace Bertrand Liechti; Sylvie Reinhard, entrepreneur, born in 1980, shall supersede Marco Zanotta. While Grégoire Liechti brings long-term national and international experience in the publishing business to the table, Sylvie Reinhard complements the Board’s skills and knowledge in the digital innovation and culture sector.

Other election business

The Distribution and Works Committee is made up of a maximum of 22 members; 21 are standing for re-election. Grégoire Liechti, member since 2015, stood down from the Committee and is running for a Board position. Regarding the by-elections the nominations committee is going to provide information on the seat that is going to become vacant via the usual publication channels for the GA 2020 and ask the relevant associations of music authors and publishers for a pre-selection.

At the GA 2018, the seat reserved for the second expert remained vacant in the newly created Complaints Committee. The Board is now tabling the motion in the General Assembly to elect Marco Zanotta as an external member into the Complaints Committee. He is neither an associate nor a member of SUISA.

Compensation and investment policy

The Articles of Association which had been revised at the last General Assembly and have been in force since 01 January 2019 provide the General Assembly with new powers. It is responsible for the compensation and other benefits to the President and the Board members and also for the overall investment policy. To this end, the Board is going to present the compensation regulations in force since 2009 and has worked out the general provisions regarding the investment policy and asks for its approval.

Finally, the SUISA GA provides an opportunity once more for members to exchange experience with other members and with guests from politics, culture, associations etc. and to hold conversations with SUISA staff. Use these opportunities for participating in decision-making and exchange and we look forward to a high turnout on Friday, 21 June 2019, in Biel.

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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.

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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. Text by Dora Zeller

SUISA General Assembly 2019: Our members’ opinion counts

Last year, voting members and guests gathered in Berne (see picture). The next General Assembly of SUISA takes place on Friday, 21 June 2019 in the concert hall of the Congress Centre in Biel. (Photo: Manu Leuenberger)

At the SUISA General Assembly 2019, the agenda item annual report includes, apart from the usual financial statements of the Cooperative Society for the year 2018, the consolidated...read more

The 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. Text by Fabian Niggemeier

The first year of SUISA Digital Licensing AG

The first business year of SUISA Digital Licensing AG was influenced by negotiations with many music service providers, successfully and jointly held with the SESAC Digital Licensing AG. (Photo: MichaelJayBerlin / Shutterstock.com)

By launching the subsidiary company, in short SUISA Digital, SUISA has outsourced cross-border and international online licensing in its entirety. SUISA is, from now, only responsible for the licensing of music uses on homepages and music services which only address a Swiss audience.

SUISA Digital’s responsibilities

SUISA has, for nearly six years, issued pan-European licences for online uses. In other words, the rights of SUISA members in the online world are not granted just for Switzerland, but directly for the whole of Europe. Thanks to the outstanding IT systems in this sector, SUISA was able to significantly increase the income of its members.

Another step followed in 2017: SUISA founded the Joint Venture, Mint Digital Services, with US collective management organisation SESAC. Until then, SUISA negotiated agreements with internet music providers (music service providers, abbreviated to MSPs) and managed the agreements itself upon their conclusion. With the creation of the Joint Venture, these two fundamental activities were split and outsourced. Mint Digital Services is responsible for the administration of the agreements i.e. the technical processing and invoicing in the name of the rights holders, whereas SUISA Digital is responsible for market monitoring, market penetration and the negotiation of the agreements. By way of another new introduction, the territory where the agreements apply was extended from Europe to nearly the whole world.

SUISA Digital is thus building a global licensing system and also offers this system to third parties. Collective management organisations from other countries can instruct SUISA Digital just like publishers can (for their Anglo-American repertoire), or authors from all over the world. That way, a cost-efficient management of rights can be ensured in the best possible manner.

Joint licences

SUISA Digital does not pursue this task by itself. It is in the interest of the rights holders as well as the MSPs to structure the negotiations in as efficient a manner as possible. That means to cover and govern as many rights as possible with as few agreements as possible. For this reason, SUISA Digital offers all MSPs to extend their agreements to the repertoire of SESAC Digital Licensing AG (in short: SESAC Digital). Provided that the MSP agrees, SUISA Digital and SESAC Digital jointly lead the negotiations and bundle their repertoire into a joint licence.

This is in the interest of the MSPs since it means they have to undertake less negotiation efforts, but also in the interest of SUISA Digital and SESAC Digital since a highly interesting “package” can be offered to the providers by joining up the repertoires. The advantage of this package is also that it does not just contain compositions which are used in Switzerland or Europe but also create a high demand globally.

The negotiations

At the end of 2017, a small but motivated team only focussed on preparing the negotiations. A multitude of information and figures had to be gathered and linked. Designing the agreement for areas outside Switzerland and Europe presented some challenges to the negotiation team. The parties agreed that the price of music should be linked mainly to the local significance of the music and the local buying power. It can thus be ensured that an adequate remuneration can be invoiced which remains affordable to the consumers.

Economic deliberations also made it clear that the big MSPs had to be approached first. The six biggest providers are responsible for 80% of the turnover. This statistical average does, of course, not apply for the music of all members: Those who are active in a specific music genre will at best have a bigger turnover on the platforms that focus specially on that genre. It was nevertheless paramount to prioritise the providers in line with their market share; knowing that certain big providers would be among the negotiation partners that would be harder to deal with.

Involving a mix of consistency, comprehension and rigour it was possible to make good progress in the negotiations. After twelve months, agreements could be entered into with all big MSPs or the negotiations are close to being concluded. Since these agreements are now ‘safe’, the next task is to complete the market penetration.

Until now, agreements with the following providers were jointly entered into with SESAC Digital:
YouTube, Spotify, Apple Music, Apple iTunes, Google Play, Deezer, Beatport, Facebook, Soundcloud, Melody VR, and Qobuz.

Joint negotiations are underway with the following providers:
Amazon, Napster, Tidal, Juke, 7Digital, dailymotion, Mixcloud, Red Karaoke, Soundtrack your Brand, What people play, Anghami, Auro, Bleep, Emoticast, Idagio, Smule, Xtendamix, Yousician, Better Day Wireless, DJ City, Juno, Linn Record, Musically, Recisio und Radionomy.

Add to that another approximately 20 MSPs from which feedback is due, as well as about 10 MSPs which are only active on a national level in the selected territories.

Distribution

As mentioned at the outset, the relevant agreements are processed and administered by the Joint Venture Mint Digital Services. The distribution of the income is, however, done by SUISA Digital and SUISA. A minimum of six months lies between the usage period and the distribution. The reason for this is that we do not represent the global repertoire, compared to the traditional offline sector. We can thus not invoice everything and then distribute, but only what we identify.

In this context, we depend on the collaboration by our members: The quicker they notify us of their works, the faster we can generate the invoices. For this reason, we are waiting between 60 and 100 days before we process the reports, depending on the MSP. That way, we can ensure that the majority of the new works and thus works with the highest usage levels has been registered and can be distributed by us. The distribution of the income is then made, at the latest, in the quarter after the payment from the MSPs has reached us.

There are going to be bigger settlements in due course. Since all agreements had to be renegotiated, no invoices could be sent out during the ongoing negotiations. In the cases of Spotify or Deezer, this led to the fact that the uses of the entire year 2018 were only invoiced at the beginning of 2019.

Outlook

During the second business year, SUISA Digital is going to focus firstly on achieving a coverage of the internet music market which is as complete as possible. Secondly, it is paramount that new markets, also outside of Europe, will be opened up and to ensure that SUISA members receive the remuneration they are due from anywhere in the world. For this purpose, we are constantly collaborating with Mint to improve systems and processes in order to continue providing our members with the best possible services in future.

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  1. Walter Thut says:

    Guten Tag,
    einen Fall welcher mich und andere von der SUISA vertretene Komponisten betrifft, und die oben genannten Zeitverschiebungen bei den Abrechnungungen fuer Urheber stark in Frage stellt, moechte ich gerne hier beschreiben:

    Die Urheber des bei dere SUISA angemeldeten Songs BACK TO THE DIRTY TOWN haben viele Millionen Clicks uf Youtube, und viele Screenshots Belege dass dieser Song seit 2017 z.B. in der Schweiz, Frankreich und den USA dauernd Webungen vorgeschaltet hat.

    Leider haben die Urherber von der SUISA noch keine einzige Ueberweisung erhalten. Obwohl die SUISA uns vor mehr als einem Jahr bestatigt hat, dass sie cies Clicks auch erfasst haben, und dass wir Verguetungen von der SUISA bis spaetestens Ende 2018 bekommen werden, haben wir noch keine einzige Abrechung dazu, und keinen einzigen Rappen ueberwiesen erhalten.

    Bei unserem digitalen Vertrieb funktioniert hingegen die Abrechnung sehr gut, und liegt bei mehreren Tausend CHF pro Jahr.

    Was stimmt hier nicht?

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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. Text by Fabian Niggemeier

The first year of SUISA Digital Licensing AG

The first business year of SUISA Digital Licensing AG was influenced by negotiations with many music service providers, successfully and jointly held with the SESAC Digital Licensing AG. (Photo: MichaelJayBerlin / Shutterstock.com)

By launching the subsidiary company, in short SUISA Digital, SUISA has outsourced cross-border and international online licensing in its entirety. SUISA is, from now, only responsible for the licensing of music uses on homepages and music services which only address a...read more

Sound 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. Text by guest author Rudolf Amstutz

Bertrand Denzler: Sound space surveyor and ambient sound explorer

Bertrand Denzler (Photo: Dmitry Shubin)

“Tireless”, “adaptable” and “industrious” are just three words that could be used to characterise the artistic craft of Bertrand Denzler. Anyone checking out his website for the first time could be forgiven for thinking the sheer number of projects and line-ups might be their kiss-of-death. Denzler laughs: “I’ve laid the whole thing out somewhat more clearly in the meantime.” In fact: on second glance, it all makes sense. And anyone taking the next step of dipping into the sounds available online will hardly be able to resist Denzler’s artistic vision. At first, the finely balanced sound sculptures seem to reveal a welcoming kind of simplicity. But in the background lurks a complexity with a tremendous pulling effect that is almost hypnotic.

“My compositions are not primarily about the narrative form, but the inner structure. This means my pieces might seem relatively simple, but they are not easy to play. The musician should not be distracted by far too many ideas, but should be able to concentrate fully on the sound and its precision,” is the way Denzler explains his intentions.

He classifies his process-orientated compositions as “spaces”. For the most part, they do not feature traditional notation, but are predetermined by their structure. “I want musicians to be involved and have to think for themselves”, stresses Denzler. He adds: “Often it is just the time structure that is specified, and not the rhythmic structure. The predetermined rules always open up lots of opportunities.”

Denzler practises this “space surveying” with the simultaneous exploration of the ambient sound with very different line-ups, including the Sowari Trio, Hubbub, Denzler-Gerbal-Dörner, The Seen, Onceim and Denzler-Grip-Johansson. At the same time, he is not averse to trying new things, including improvising as a guest musician in such line-ups as Jonas Kocher’s international Šalter Ensemble, in a duo with Hans Koch or quite simply solo.

Denzler actually considers his career to be somewhat typical of a European musician of his generation. He started out with classical music, but at the same time was listening to pop and rock in private. However, an outright thirst for knowledge also made him aware relatively quickly of the most varied ways in this world that music can be played. “And eventually”, comments Denzler, “jazz became my main sphere of activity, because improvisation, in other words implementing your thoughts in real time, fascinated me”.

After jazz came free-form music, even if Denzler is still to this day impressed by the philosophy and improvisational approach of such greats as Albert Ayler and John Coltrane and will probably continue to be influenced by them. As opposed to many improvisers who never return (if they have occasionally diverted from a compositional approach), Denzler has found a space where he can keep creating new things architecturally from the delicate balance between improvisation and composition. “In the last ten years, I acquired the feeling that I am always improvising in the same system. Suddenly, I once gain felt compelled to build structures within my music.”

Denzler’s artistic vision is not only a kind of journey of discovery in a metaphorical sense: he wants to transport this “space” to different geographical locations as a “roaming residency”, so as to meet other musicians there and create new music with them. Up to now, the project has failed, not only for financial reasons, but also because such an open project does not comply with the general conditions of traditional subsidies policies. Start-up funding from a FONDATION SUISA Get Going! grant is now making realisation possible, because, according to Denzler, “… it allows me to pursue my creativity instead of predefined conditions”. Beaming with delight, he adds that it’s as if this grant had been specially tailored for him. And in fact his definition almost reminds you of a Denzler composition, in which the structures defined by the creator open up unforeseen possibilities …

www.bertranddenzler.com

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.

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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.

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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. Text by guest author Rudolf Amstutz

Bertrand Denzler: Sound space surveyor and ambient sound explorer

Bertrand Denzler (Photo: Dmitry Shubin)

“Tireless”, “adaptable” and “industrious” are just three words that could be used to characterise the artistic craft of Bertrand Denzler. Anyone checking out his website for the first time could be forgiven for thinking the sheer number of projects and line-ups might be their kiss-of-death. Denzler laughs: “I’ve laid the whole thing out somewhat more clearly in the meantime.” In fact:...read more