Tag Archives: Collective management organisation

Remuneration for private copying – new CT 4i as of 1 July 2022

Copying music, videos and e-books for their personal entertainment: Consumers in Switzerland have been enjoying this freedom for a very long time. For several years, rightsholders have been paid royalties for copies made on smartphones and tablets. Starting this summer, they are now also going to receive remuneration for copies on laptops and external hard drives. Text by Anke Link

Remuneration for private copying – new CT 4i as of 1 July 2022

With the expansion of Common Tariff 4i, rightsholders will also receive remuneration for private copies of their works on laptops and external hard drives from July 2022. (Photo: Rawpixel / Shutterstock.com)

Some 30 years ago, the fact that you could make tons of music copies on audio cassettes kicked off private copying levies to be anchored into legislation. Since then, it has been permitted in line with the Swiss Copyright Act to make copies of protected works for the use in people’s private circles or home lives. The range of blank media subject to a licence fee has increased in the course of technological developments; today, digital storage built into devices such as smartphones, tablets and laptops is predominantly relevant.

In return for the many ways in which music, films and other works can be stored, authors and performers of music, filmmakers, writers, etc. are entitled by law to remuneration for these private copies.

Such a levy must be paid by the manufacturers and importers of the recording and storage devices. The collective management organisation regularly negotiate with the associations of these companies about the level of the levy and for which memories it must be paid. The licence fee for private copying is then collected by SUISA according to so-called “Common Tariffs” for all Swiss collective management organisation and distributed to the respective rightsholders.

Levy for private copies on laptops and external hard disks

In the summer of last year, the associations agreed with the collective management organisation that from 1 July 2022 memory in laptops and notebooks as well as external hard drives is also going to be considered blank media subject to a mandatory levy. These storage facilities therefore now also fall within the scope of Common Tariff 4i (CT 4i). In the case of external hard disks, it does not matter whether they are magnetic hard disks (hard disk drives) or contain another storage technology (solid state drive or a combination of both). It only matters that they are intended for connection to personal computers (desktop computers, laptops, notebooks or tablets). Connections like these can be made via cable (e.g. USB or Firewire) and via ports such as BUS and PCI slots of personal computers. External hard disks are all storage extensions for personal computers, regardless of whether they are connected or installed outside of the computer. However, so-called “server grade” hard disks, which are intended for the server infrastructure of companies, are exempt from the obligation to pay a fee.

In contrast to the previous CT 4i, which still provided for different fees according to the equipment category, uniform remuneration rates will apply to almost all storage facilities covered by the tariff from 1 July 2022. The fees were based on the corresponding price of the devices and external hard disks, and the proportion of the respective storage devices used in connection with private copying. On this basis, uniform fees were calculated and negotiated, which are now only dependent on storage capacity and apply per device or per external hard disk. Only MP3 players are still subject to separate levies:

For MP3 players and the like:

Storage capacity per device
up to and including 4 GB CHF 2.40
up to and including 8 GB CHF 4.20
up to and including 16 GB CHF 4.70
up to and including 32 GB CHF 7.80
more than 32 GB CHF 12.40

For all other devices covered by the CT 4i or for external hard disks:

Storage capacity per device/hard disk
over 16 GB up to and including 32 GB CHF 2.10
up to and including 64 GB CHF 2.90
up to and including 128 GB CHF 3.85
up to and including 256 GB CHF 4.80
up to and including 512 GB CHF 5.60
up to and including 1 TB CHF 6.50
up to and including 2 TB CHF 7.50
more than 2 TB CHF 8.30

With the exception of MP3 players, the fees are only due for devices or external hard drives with a storage capacity of more than 16 GB. For external hard disks, a maximum fee of CHF 4.50 also applies, even if the storage capacity is very high. This takes into account the fact that the prices of external hard drives are lower compared to the other devices covered by the levy. Value-added-tax is owed in addition in each case.

Registration of storage devices subject to a mandatory levy

Even though there is such a uniform levy for almost all storage devices, it is important in the context of the correct distribution of the collected amounts to the rightsholders that the manufacturing and importing companies distinguish between the device categories when registering their storage devices that are subject to a mandatory levy. This is due to the fact that films and movies are copied to laptops, tablets and external hard drives more frequently than to smartphones, for example. Levies collected for these memories must thus be split in a different way than the fees collected for smartphones. Only in this way is the money allocated to the correct creators and any other rightsholders who are entitled to it. SUISA will provide its clients with corresponding reporting forms from July 2022, which will form the basis for invoicing.

This extension of CT 4i ensures that consumers can continue to copy their favourite works to the devices of their choice without having to have a guilty conscience and that those who create these works are compensated for doing so.

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Copying music, videos and e-books for their personal entertainment: Consumers in Switzerland have been enjoying this freedom for a very long time. For several years, rightsholders have been paid royalties for copies made on smartphones and tablets. Starting this summer, they are now also going to receive remuneration for copies on laptops and external hard drives. Text by Anke Link

Remuneration for private copying – new CT 4i as of 1 July 2022

With the expansion of Common Tariff 4i, rightsholders will also receive remuneration for private copies of their works on laptops and external hard drives from July 2022. (Photo: Rawpixel / Shutterstock.com)

Some 30 years ago, the fact that you could make tons of music copies on audio cassettes kicked off private copying levies to be anchored into legislation. Since then, it has been permitted in line with the Swiss Copyright Act to make...read more

General Meeting 2022: Face to face again at last

After a break brought on by the pandemic and for the first time since 2019, SUISA will hold its General Meeting at the Bierhübeli in Bern, allowing its members to participate in person and on site. The members of the cooperative are invited to attend in as large a number as possible and to co-determine the fate of their cooperative. Text by Andreas Wegelin

General Meeting 2022: Face to face again at last

After a two-year interruption, 17 June marks the day when the 2022 SUISA General Meeting can once again take place with members being present in person and on site at the Bierhübeli in Bern. (Photo: Sibylle Roth)

On Friday, 17 June 2022, at 11 a.m., it will finally be that time again: After a musical introduction by the Bernese electro-swing group Klischée, the President of the Board, Xavier Dayer, will open this yearʼs SUISA General Meeting.

Members will be provided with information about SUISAʼs business performance in the past year and are asked to approve the 2021 annual result (–10% compared to the record year 2019) which was a sign of getting off lightly despite the pandemic. In addition to other statutory business, the securing of financing for online licensing by the subsidiary Mint Digital Services AG and a revision of the Articles of Association to improve corporate governance will also come up for discussion and resolution.

Election of substitutes and deputies, opening message and declaration according to EU Directive

After 10 years on the Board of Directors, publisher member Christian Siegenthaler (management of Patent Ochsner) decided to step down from the board. The board proposes Christian Baumgartner, management consultant and investor, as his successor.

Our new board member elected last year, State Councillor Johanna Gapany, will address the members with an opening message from politics.

Finally, in accordance with the provisions of the EU Directive on collective management organisations and the Liechtenstein Collecting Societies Act (VGG), the declarations of the members of the Board of Directors and the Executive Committee are disclosed for the first time on questions of theirparticipation in SUISA, amount of remuneration/compensation and actual or potential conflicts of interest.

Voting members welcome

The General Meeting is only open to members of the cooperative, i.e. members who are entitled to vote (see info box at the end of the text). These members will receive a written invitation with the registration documents by the end of May by mail. The invitation contains the agenda and additional information on the agenda items and business to be transacted at the General Meeting.

I hope that as many of you as possible will attend the General Meeting and, together with my colleague Irène Philipp Ziebold and my colleague Vincent Salvadé as well as other SUISA staff members, I look forward to exchanging ideas with you. Face to face again, at last.

New criteria for members who are entitled to vote
The SUISA Board of Directors decided in December 2020 to adapt the criteria for members who are entitled to vote. Authors and publishers will be admitted as members with voting rights if they have been SUISA principals for at least one year and had at least CHF 3,000 in royalties paid out to them since their registration. Previously, this amount was CHF 2,000. This change entered into force in 2021.
Furthermore, the contractual membership relationship will be reverted into a mandate relationship if members received less than CHF 3,000 in distribution payments overall for their works during the last ten years.
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After a break brought on by the pandemic and for the first time since 2019, SUISA will hold its General Meeting at the Bierhübeli in Bern, allowing its members to participate in person and on site. The members of the cooperative are invited to attend in as large a number as possible and to co-determine the fate of their cooperative. Text by Andreas Wegelin

General Meeting 2022: Face to face again at last

After a two-year interruption, 17 June marks the day when the 2022 SUISA General Meeting can once again take place with members being present in person and on site at the Bierhübeli in Bern. (Photo: Sibylle Roth)

On Friday, 17 June 2022, at 11 a.m., it will finally be that time again: After a musical introduction by the Bernese electro-swing group Klischée, the President of the Board, Xavier Dayer,...read more

Are royalties subject to social security (AHV/AVS) contributions?

Do royalties qualify as earnings from self-employment? Swiss AHV/AVS compensation offices follow different practices. Text by Michelle Moser

Are royalties subject to social security (AHV/AVS) contributions?

Saving for retirement: Swiss compensation offices do not agree on whether or not royalties are subject to social security contributions. (Photo: Nattapol Sritongcom / Shutterstock.com)

Musicians often earn their living from several different sources: fees from concerts, a teacher’s salary from the music school, fees for commissioned works, or remuneration collected by SUISA on their behalf.

The different cantonal compensation offices have no uniform position on whether the remuneration distributed by SUISA qualifies as income from gainful self-employment – which would be subject to AHV/AVS contributions.

AHV/AVS – mandatory insurance for all

All Swiss residents and persons gainfully employed in Switzerland are subject to mandatory retirement, disability, and survivors’ insurance. And all those insured (except children) are accordingly required to pay social security (AHV/AVS) contributions. The contributions are normally assessed on the income earned from gainful employment.

For persons who are gainfully self-employed, contributions are assessed on the income earned from one’s own entrepreneurial, commercial, or business activities.

In principle, the following guidelines apply: AHV/AVS contributions must be paid on the earnings declared in one’s tax return. This is not the case for income from capital investments or real property, for example, which is taxable income but is not subject to AHV/AVS contributions.

Royalties: income from employment or from capital investment?

For SVA Zurich, the social security institution, royalties basically qualify as income from self-employment and should be declared accordingly. As a result, authors must register as self-employeds.

SVA Zurich does, however, make a distinction between authors who actively exploit their works and authors who do not. Authors who actively exploit their works after creating them (e.g. as a member of a band playing its own compositions) qualify as gainfully employed. This includes collective administration by SUISA. The earnings from such gainful employment are subject to AHV/AVS contributions.

The subsequent royalties received by authors who do not actively exploit their works after creating them, on the other hand, qualify as income from capital investments, and are not subject to AHV/AVS contributions.

In summary, for SVA Zurich what is decisive is whether an author participates in the performance of the works or merely “reaps” the proceeds from his earlier compositions.

Different practice from one canton to the other

Whether AHV/AVS contributions are payable on remuneration distributed by the collecting societies is decided differently by the compensation offices depending on who is asking, and the amount involved.

Unlike SVA Zurich, the compensation office of the canton of Vaud, for example, holds that remuneration for the creation of works is by definition subject to AHV/AVS contributions, while the remuneration from subsequent uses distributed by the collecting societies qualifies as capital gains and is not subject to social security contributions. It follows, therefore, that none of the remuneration distributed by the collecting societies is subject to AHV/AVS contributions.

In the final analysis, the decision on these social insurance issues does not lie with the collecting societies but with the compensation offices. For this reason, the Swiss collecting societies advise their members to contact the competent compensation office to establish what exactly their AHV/AVS contribution obligations are.

The different practices of cantonal compensation offices with regard to social security contributory obligations on royalties offers no legal certainty and is unsatisfactory. The Swiss collecting societies will follow this issue closely and keep their members informed of any changes.

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  1. Ich bin erstaunt bezüglich unterschiedlicher Handhabung von Ausgleichskassen von Urheberrechten/-entschädigungen. Jede AHV-Ausgleichskasse hat die gesetzlichen Grundlagen anzuwenden und wenn etwas unklar ist, ist dies durch das BSV klarzustellen. Der unterschiedlichen Handhabung wären u.a. auch Autoren (mit oder ohne Vorlesung) ausgesetzt. Dies meine Ansicht als Eidg. Dipl. Sozialversicherungsexperte.

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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Do royalties qualify as earnings from self-employment? Swiss AHV/AVS compensation offices follow different practices. Text by Michelle Moser

Are royalties subject to social security (AHV/AVS) contributions?

Saving for retirement: Swiss compensation offices do not agree on whether or not royalties are subject to social security contributions. (Photo: Nattapol Sritongcom / Shutterstock.com)

Musicians often earn their living from several different sources: fees from concerts, a teacher’s salary from the music school, fees for commissioned works, or remuneration collected by SUISA on their behalf.

The different cantonal compensation offices have no uniform position on whether the remuneration distributed by SUISA qualifies as income from gainful self-employment – which would be subject to AHV/AVS contributions.

AHV/AVS – mandatory insurance for all

All Swiss residents and persons gainfully employed in Switzerland are subject to mandatory retirement, disability, and survivors’ insurance. And all those insured (except children) are accordingly...read more

Negotiating in the age of corona … and with corona

Negotiating is one of SUISA’s key functions. SUISA negotiates tariffs and contracts inter alia. It must safeguard the interests of its members, ensure their legitimate demands are understood and accepted, and obtain the best possible terms for musical creation. It does this through discussion and compromise: in a nutshell, through human relations. But last spring, a new player invited itself to the negotiating table: Covid-19. By Vincent Salvadé, Deputy CEO

Negotiating in the age of corona … and with corona

The tariffs that are being negotiated now, during the corona crisis, are intended to apply in better times when music will hopefully be played again. (Photo: Tabea Hüberli & Dirk Hoogendoorn)

The dynamics have changed. Talks are now held mostly by videoconference. In other words, human relations take place through an interposed screen. This makes it more difficult to observe non-verbal reactions to a proposal, or simply to understand one’s counterparts. We must adapt … and regret the days when a handshake symbolised agreement.

Moreover, the crisis tends to freeze negotiating positions. On the one hand, the economy is in trouble: large events are banned, and the country goes from lockdown, to unlockdown, to re-lockdown. On the other, artists’ and creators’ revenues are in free fall. Under the circumstances, it is more difficult to make concessions and reach a compromise. Everyone is determined to protect what little they have left.

So what strategy should SUISA now adopt?

Firstly, certain sectors are clearly less impacted by the crisis than others. Online usages, for example, are not lagging: people are too scared – or are not allowed – to go to the cinema, so they watch a film on VoD. Music streaming is also doing well. These are therefore the areas SUISA should focus on to negotiate the best terms for its members. Who, for their part, are having a truly hard time.

“It is our duty today to prepare for the future and to support the equitable implementation of legal principles in favour of our members.”

We must, however, avoid one pitfall. In many areas, the fall in users’ revenues automatically has negative consequences for authors: after all, authors’ royalties are calculated as a percentage of users’ revenues. Users should not take advantage of the crisis to obtain better terms from SUISA. Otherwise authors will lose twice. We have had to remind our partners of this.

But the hard truth is that the live entertainment sector is in agony. Last spring, we interrupted certain negotiations hoping to start them again when the sun came back. After a short reprieve, the clouds are now building up again … and the tariff process takes time. Now, at the end of 2020, we are negotiating tariffs which will only come into force in 2022 when (as we dare hope) the crisis will be well behind us. It is our duty today to prepare for the future and to support the equitable implementation of legal principles in favour of our members. That is certainly not easy when our partners are losing money. But it is our responsibility for a better future.

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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.

Your email address will not be published.

Negotiating is one of SUISA’s key functions. SUISA negotiates tariffs and contracts inter alia. It must safeguard the interests of its members, ensure their legitimate demands are understood and accepted, and obtain the best possible terms for musical creation. It does this through discussion and compromise: in a nutshell, through human relations. But last spring, a new player invited itself to the negotiating table: Covid-19. By Vincent Salvadé, Deputy CEO

Negotiating in the age of corona … and with corona

The tariffs that are being negotiated now, during the corona crisis, are intended to apply in better times when music will hopefully be played again. (Photo: Tabea Hüberli & Dirk Hoogendoorn)

The dynamics have changed. Talks are now held mostly by videoconference. In other words, human relations take place through an interposed screen. This makes it more difficult to observe non-verbal reactions to...read more

Income and expenditure, investments and an anniversary

A wide-ranging list of topics was on the agenda for discussion at the meetings of the SUISA Board on 28 and 29 September 2020. For the first time after the disruption caused by corona, a part of the meeting participants met in Lausanne while respecting the protective measures in person, while some members of the Board of Directors joined via videoconferencing from their home office. Report from the Board of Directors by Andreas Wegelin

Report from the Board: Income and expenditure, investments and an anniversary

Snapshot of the Label Suisse Festival 2020 in Lausanne (to be seen in the picture: Corin Curschellas and Ursina Giger from the trio La Triada). The rights management monopoly of SUISA has a central significance for the cultural development and promotion of music in its entire diversity in Switzerland; that is the persuasion of the SUISA Board of Directors. (Photo: Tabea Hüberli & Dirk Hoogendoorn)

The Board of Directors took note of the fact that the situation regarding the collections in the crisis year have, so far, remained stable compared to the assumptions made in April. Expectations made in the corona budget that had been created in the spring during lockdown were even slightly exceeded on the collections side. Nevertheless, it is very likely that SUISA will close its 2020 financial year with a decrease in income of about 25% compared to the previous year. The expenditure so far is also within the economy budget, and at 12.7% less expenses even better than anticipated.

Christoph Trummer, Head of Political Projects at the Professional Association of Freelance Musicians, Sonoart, informed the Board members about the current state of affairs and the future development of the support measures for music creators. It shows that the cultural associations managed during the covid-19 crisis to take a joint and persistent stance vis-à-vis Parliament, but also offices and authorities, to speak with one voice and to obtain the support for creators and artists that is so urgently needed.

Expenses per tariff from collections to distribution

A rather pleasant result of the cost unit calculation was presented. Said calculation shows how high the expenditure per tariff is from collection to distribution. As a matter of fact, expenses are not the same for all tariffs, depending whether we must issue invoices to many individual customers or just a few, and whether the market survey and coverage is costly.

The costs for the collections and the distribution of copyright remuneration for concerts are, for example, lower than for events held by clubs or associations. In the former case, we often deal with professional event organisers and promoters who usually are aware of their duties when it comes to authors. In the case of events held by associations, sports clubs or office parties the people in charge organising these events often have to be made aware of their obligations.

Cost shares overall did, however, fall per tariff in the survey year 2019. This is because higher secondary income from securities income could be used to cover a large part of the costs. The SUISA Executive Committee is going to continue to explore all possibilities to process collections and distributions in a more cost-effective way. An important element for this shall be the continued automation of the licensing process: Event organisers and promoters shall be able to send online notifications for their events, in an uncomplicated manner. If they do not do so, the system is set to find events on the basis of key word searches and initiate the collection process.

Financial affairs

For the subsidiary Mint Digital Services, the SUISA Board of Directors approved the hypothecation of a securities depot as a guarantee, instead of the guarantee of surety planned for the summer for the licensing of large publishing catalogues.

The Board of Directors is, pursuant to the Articles of Association, responsible for the financial matters of SUISA. In general, the monies are supposed to be invested for the period which lies between the time of receipt of payment from the licensees until the distribution work has been finished and the payments have been made to rights owners. The investments are made on the basis of regulations. Due to the initiative of a member of the Board of Directors, this set of regulations including “security” and “reasonable return of investment” was extended by the criterion “sustainability”.

Past and future

SUISA turns 100 in 2023. The first preliminary preparations and planning work for the anniversary were launched. Inspired by a suggestion of the SUISA Communications Department, deliberations were made how the round birthday of the cooperative could be celebrated adequately. Possible jubilee projects are set to be worked on further.

Furthermore, the Board took note of a legal expert opinion on SUISA’s monopoly position and its future on a licensing market for copyright which has begun to open up. The rights management monopoly has already disappeared in the online rights sector. Latest developments show that SUISA is also facing increased competition in other rights management areas such as by foreign agencies which directly license concerts that take place in Switzerland. In the meantime, SUISA remains, due to the statutory provisions, obliged to a large degree to manage the rights belonging to its field of activity as comprehensively as possible, the expert opinion states.

The Board of Directors holds the view that the rights management monopoly of SUISA needs to be strengthened because it has a central significance for the cultural development, the promotion of music in its entire diversity in Switzerland for authors, music promoters and for consumers. The Executive Committee was tasked to take the necessary measures to inform the authorities and the public.

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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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A wide-ranging list of topics was on the agenda for discussion at the meetings of the SUISA Board on 28 and 29 September 2020. For the first time after the disruption caused by corona, a part of the meeting participants met in Lausanne while respecting the protective measures in person, while some members of the Board of Directors joined via videoconferencing from their home office. Report from the Board of Directors by Andreas Wegelin

Report from the Board: Income and expenditure, investments and an anniversary

Snapshot of the Label Suisse Festival 2020 in Lausanne (to be seen in the picture: Corin Curschellas and Ursina Giger from the trio La Triada). The rights management monopoly of SUISA has a central significance for the cultural development and promotion of music in its entire diversity in Switzerland; that is the persuasion of the SUISA Board of...read more

Support for SUISA members during the corona crisis

Following the federal COVID-19 ordinances, music usage plummeted depriving authors and publishers of a significant portion of their royalty revenues. SUISA offers its members financial support to bridge the loss in earnings. Text by Irène Philipp Ziebold

Support for SUISA members during the corona crisis

No concerts means no revenues from performing rights. Instead, Kety Fusco played live music from her home for the SUISAblog “Music for Tomorrow” series and for SUISA Music Stories on social media. (Photo: screen shot video Kety Fusco)

Cancelled concerts, closed shops and cinema theatres, reduced advertising on radio and TV – the consequences of the federal measures against the spread of the coronavirus have a direct impact on rights management revenues: if there is no music usage, there is no royalty income.

SUISA offers its members financial support to bridge the loss in earnings:

Advances

First and foremost, SUISA has the option, as it has always had, to grant advances to its members. Both authors and publishers can qualify for an advance. The amount of the advance is based on the member’s average revenues in the preceding years. Advances can only be granted to members who have earned more than CHF 500 on average in royalties in recent years. Members may apply for an advance by email. Applications are processed within seven days. The decision is communicated in writing by email. If the applicant satisfies the qualification criteria, the advance will be paid immediately by bank transfer.

Under normal circumstances, advances are offset against the member’s next settlement. This means that the amount advanced is deducted from the distributable amount. As an immediate measure in the exceptional context of the corona pandemic, SUISA’s Board has decided that advances would not be offset before June 2022 at the earliest. The Board and the Executive Committee are keeping a close eye on the crisis situation and, depending on economic developments, may decide to further postpone the offsetting of such advances. In any event, repayment of these advances will not be due before June 2022 at the earliest.

Support payments for members

If an advance is insufficient to alleviate the existential financial hardship suffered by a member as a result of the loss in royalty revenues, the member may apply to SUISA for support payments. SUISA’s Pension Fund makes funds available to authors in the event of an emergency. As a further immediate measure, the Executive Committee has decided to create an additional emergency relief fund from which support payments can be made to authors and publishers alike. The emergency relief fund still has to be ratified by the General Meeting by postal voting. (Addendum added on 27.08.2020: The General Meeting approved the relief fund by a large majority. For more information, see article: “SUISA General Meeting: Emergency fund for authors and publishers approved”.)

In the framework of its rights administration responsibilities, SUISA provides support to members who suffer a loss in their royalty revenues. However, only limited funds are available for support payments. SUISA members who are not already receiving hardship relief from the emergency fund of Suisseculture Sociale or under other cantonal measures may apply for support payments from SUISA.

Applicants must prove their financial hardship. Applications for support payments can be submitted via the members’ portal “My account”. Application documentation will be processed within seven days. Decisions are communicated in writing by email. Payment is made by bank transfer as soon as an application is approved. Support payments do not have to be repaid.

Federal support measures and other aid

The financial support provided by SUISA is designed to help bridge a shortfall in royalty income. SUISA’s support is supplemental – not in lieu of or as an alternative to federal support measures. Information about the measures introduced by the Swiss government to alleviate the economic consequences of the corona pandemic on the cultural sector is available (in German, French and Italian) on the website of the Federal Office of Culture (FOC): www.bak.admin.ch/bak/de/home/themen/coronavirus.html

The Swiss cultural foundation Pro Helvetia also publishes continuously updated information at: www.prohelvetia.ch/en/dossier/info-hub-covid-19/

Go to: www.suisseculture.ch for information about the emergency relief fund for cultural workers, and a link to the application portal. Applications for immediate aid can be submitted through this portal.

Helpful information for musicians is also available on the website of Sonart, the professional association of freelance musicians in Switzerland.

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“This situation will put everyone – musicians, technicians, insiders – to the test”“This situation will put everyone – musicians, technicians, insiders – to the test” With the “Music for tomorrow” project, SUISA aims to support its members in these difficult times. We offer artists a platform where they can talk about their current situation while in lockdown and present one of their works. The prelude is made by the Ticino composer and harpist Kety Fusco. In a written interview she talks about her everyday life in lockdown and why not that much has actually changed for her. Read more
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Following the federal COVID-19 ordinances, music usage plummeted depriving authors and publishers of a significant portion of their royalty revenues. SUISA offers its members financial support to bridge the loss in earnings. Text by Irène Philipp Ziebold

Support for SUISA members during the corona crisis

No concerts means no revenues from performing rights. Instead, Kety Fusco played live music from her home for the SUISAblog “Music for Tomorrow” series and for SUISA Music Stories on social media. (Photo: screen shot video Kety Fusco)

Cancelled concerts, closed shops and cinema theatres, reduced advertising on radio and TV – the consequences of the federal measures against the spread of the coronavirus have a direct impact on rights management revenues: if there is no music usage, there is no royalty income.

SUISA offers its members financial support to bridge the loss in earnings:

Advances

First and foremost,...read more

The revised copyright law has come into force

The coronavirus pandemic has naturally eclipsed this event. Yet the amended Federal Copyright Act came into force on 1 April 2020 after the Pirate Party failed its attempt to launch a popular referendum. Text by Vincent Salvadé

The revised copyright law has come into force

The updated Federal Copyright Act came into force on 1 April 2020. (Photo: Manu Leuenberger)

This concluded the efforts of ten years’ work. The revision was initiated in 2010 when State Concillor Geraldine Savary, who subsequently joined SUISA’s Board, filed a postulate titled “Does Switzerland need a law against unlawful downloading of music?”

How will the new law affect SUISA’s activity? The following points are noteworthy:

The law introduces new anti-piracy measures:
Under certain conditions, hosting platforms are henceforth obliged to durably prevent unlawful content from being remade available through the use of their services (stay down obligation, Article 39d CopA); moreover, rightholders may process personal data insofar as this is essential for the purpose of criminal prosecution (Article 77i CopA).

Certain measures are designed to improve collective rights management:
Users must provide the collective rights management organisations with the necessary information in an electronic form allowing for automatic data processing (Article 51(1) CopA); collective rights management organisations are entitled to exchange the information provided by users with one another (Article 51(1bis) CopA); accelerated procedure for tariff appeals before the Federal Administrative Court (Article 74(2) CopA); and the Federal Arbitration Commission responsible for approving tariffs is now entitled to hear witnesses (see new Article 14(1)(h) of the Federal Act on Administrative Procedure).

Lastly, the notion of an “extended collective licence” has been introduced into Swiss law (Article 43a CopA):
Collecting societies can now grant a blanket authorisation for certain uses, even for rightholders they do not represent contractually; this enhances the legal certainty for users and secures additional remuneration for rightholders. This option applies to uses which cannot be individually controlled by rightholders; collecting societies would act as an “insurance” (of a sort) for users. This is a welcome innovation (already applied in Scandinavian countries) which underscores the role of “facilitator” often played by collective rights management organisations.

SUISA accompanied the entire legislative process. Not all these innovations are spectacular. But we believe that, globally, they will facilitate the performance of our mission in the service of rightholders.

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  1. Eva David says:

    Merci aux mandataires de Suisa dont le travail patient et tenace a permis d’aboutir à cette solution satisfaisante.

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The coronavirus pandemic has naturally eclipsed this event. Yet the amended Federal Copyright Act came into force on 1 April 2020 after the Pirate Party failed its attempt to launch a popular referendum. Text by Vincent Salvadé

The revised copyright law has come into force

The updated Federal Copyright Act came into force on 1 April 2020. (Photo: Manu Leuenberger)

This concluded the efforts of ten years’ work. The revision was initiated in 2010 when State Concillor Geraldine Savary, who subsequently joined SUISA’s Board, filed a postulate titled “Does Switzerland need a law against unlawful downloading of music?”

How will the new law affect SUISA’s activity? The following points are noteworthy:

The law introduces new anti-piracy measures:
Under certain conditions, hosting platforms are henceforth obliged to durably prevent unlawful content from being remade available through the use of their services (stay down obligation, Article...read more

Two new faces for the Board meeting in autumn

At the General Meeting in June 2019, two new members were elected into the SUISA Board. At the first meeting after the elections in the course of the autumn meetings, the Board has reconstituted itself and dealt with cost unit accounting and business strategy. Report from the Board by Andreas Wegelin

Two new faces for the Board meeting in autumn

The newly elected Board members Sylvie Reinhard (left) and Grégoire Liechti. (Photos: Simon Tanner; Sibylle Roth)

In early October, the first meetings of the newly elected Board took place. In June 2019, the General Meeting elected Sylvie Reinhard and Grégoire Liechti to replace the Board members Bertrand Liechti and Marco Zanotta who had stepped down due to the limitation of the term in office. The Board reconstituted itself during its first meeting after the elections. Marco Neeser was elected to be the new Vice President and the three Board Committees were newly appointed.

Cost unit accounting and business strategy

During its autumn meeting, the Board also dealt with the cost unit accounting for 2018 and the business strategy, just like every year. The cost unit accounting shows in detail how high the expenses for each individual usage sector or tariff in the past financial year were. It serves the purpose of identifying particularly cost intensive areas and to introduce the respective measures to improve the situation. In this context, the Executive Committee presented the processes for the licensing of concerts (Tariff K) and sound recordings (Tariff PI) in more detail.

Regarding the business strategy, the Board deliberated on the increasing competition of the collective management organisations and the huge repertoires, represented by the big publishing companies, but also the growing tendency of known authors to collect their authors´ rights directly for their performances – without the “detour” via the collective management organisations. It is expected that competition will grow.

SUISA can, compared to the collective management organisations in Germany or France, not count on its own repertoire when it comes to international fame. As a consequence, SUISA has to offer the most important services at high quality levels and at an attractive price in order to persist in the market.

Other meeting topics

Other items discussed during the meetings were the current tariff negotiations and the distribution results. SUISA´s sponsoring activities in 2020 were also a subject of the meeting in order to consider the respective amounts in time into the budget for 2020.

The Board has, finally, had some thoughts on the 100th Birthday of SUISA which will be celebrated in 2023. A little less far away, it also determined the meeting diary for 2020.

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At the General Meeting in June 2019, two new members were elected into the SUISA Board. At the first meeting after the elections in the course of the autumn meetings, the Board has reconstituted itself and dealt with cost unit accounting and business strategy. Report from the Board by Andreas Wegelin

Two new faces for the Board meeting in autumn

The newly elected Board members Sylvie Reinhard (left) and Grégoire Liechti. (Photos: Simon Tanner; Sibylle Roth)

In early October, the first meetings of the newly elected Board took place. In June 2019, the General Meeting elected Sylvie Reinhard and Grégoire Liechti to replace the Board members Bertrand Liechti and Marco Zanotta who had stepped down due to the limitation of the term in office. The Board reconstituted itself during its first meeting after the elections. Marco Neeser was elected to be the...read more

A look back at the SUISA General Meeting 2019

Around 150 voting SUISA members attended the annual General Meeting on 21 June 2019 at the Kongresszentrum in Biel to help determine the direction of their cooperative. Among their decisions was the election of Sylvie Reinhard and Grégoire Liechti to the Board of Directors. SUISA members also passed a resolution for fair conditions for music creators in connection with the revision to the copyright law. Text by Giorgio Tebaldi

A look back at the SUISA General Meeting 2019

SUISA members during voting for the Board of Directors for the period 2019-2023 at SUISA’s 2019 General Meeting, 21 June 2019, in the Concert Hall of the Kongresszentrum, Biel. (Photo: Sibylle Roth)

‘Spherical, but more angular than trip hop, more emotionally charged than pop music and as organic as folk’ – that’s how SUISA Vice President Marco Zanotta described Zurich musician Annakin, who opened SUISA’s General Meeting. Together with guitarist Simon Rupp, Philipp Kuhn on keyboards and beatboxer Marzel (alias Marcel Zysset), Annakin – otherwise known as Ann Kathrin Lüthi – played songs from her latest album The End of Eternity, as well as ‘Sting Of Love’ from her 2014 album Stand Your Ground.

While the stage was being rearranged after the brief concert, the assembled SUISA members, guests and SUISA employees were able to watch a video that explained how ‘She Got Me’, the Swiss entry to the Eurovision Song Contest sung by Luca Hänni, came about. The song was written in June 2018 at the SUISA Songwriting Camp by SUISA member Luca Hänni with Canadian songwriters Laurell Barker and Frazer Mac and Swedish producer Jon Hällgren. ‘She Got Me’ reached an outstanding fourth place at the Eurovision grand final, has been streamed more than 30 million times and topped the Swiss single charts.

More women in music

In his welcoming address, SUISA President Xavier Dayer took the occasion of the Swiss women’s strike, which had taken place a week before, as impetus to discuss the proportion of women in music. Women currently represent 16% of SUISA members – leaving plenty of room for improvement. This is one of the reasons that SUISA entered into a partnership with Helvetiarockt in 2019, and invited the coordination and networking centre for jazz, pop and rock musicians to bring an information stand to the general meeting.

Members then approved the Annual Report and Management Report. Also approved were SUISA’s first-ever consolidated accounts, reflecting contributions from the two subsidiaries SUISA Digital Licensing AG and Mint Digital Services in 2018. The general meeting also discharged the Board of Directors, the management team and statutory auditor, and confirmed the mandate for the auditor BDO for 2019.

Sylvie Reinhard and Grégoire Liechti elected to the SUISA Board of Directors

For long-serving Board members Bertrand Liechti and Marco Zanotta, this was their last General Meeting – they are retiring from the SUISA Board after 20 years due to the term limit. In their place, SUISA members elected Sylvie Reinhard, an entrepreneur and Chairwoman of the Board of Directors of the digital magazine ‘Republic’, and Geneva-based music publisher Grégoire Liechti to the Board of Directors. The other 12 Board members, along with the members of the Distribution and Works Committee, were confirmed in office with no objections. At the recommendation of the SUISA Board, the general meeting also elected Marco Zanotta to the ComplaintsCommittee, which was established in 2018.

With the revision in 2018 of SUISA’s Articles of Association and the associated extended responsibilities of the General Meeting, the assembled members voted for the first time on compensation regulations for members of the Board and its committees, and on SUISA’s general investment policy.

Resolution calling for fair copyright legislation

Guest speaker Géraldine Savary, federal councillor and member of the SUISA Board, talked about the ongoing revision of Switzerland’s copyright legislation. In particular, she touched on two points that are critical for music creators. First – if the National Council has its way – hoteliers, owners of holiday homes, hospitals and prisons would not be required to pay copyright fees if their guests, patients or inmates listen to music or watch films on the radio/television devices provided. Second, the new copyright law stipulates a compensation regulation for video on demand (VoD) services that would work in favour of film-makers but would be counter-productive for music creators, as they have already negotiated contractual solutions with the VoD platforms. Accordingly, the use of music must be excluded from this new VoD regulation. The General Meeting passed a resolution in order to draw National Council attention to the importance of these two points in its forthcoming autumn session.

This was followed by updates on the current financial year from Vincent Salvadé, Irène Philipp Ziebold and Andreas Wegelin. Urs Schnell, Director of FONDATION SUISA, then reported on how SUISA’s music promotion foundation had performed in the financial year.

At about 2 pm, Xavier Dayer brought the General Meeting to a close and gave notice of the next General Meeting, which will take place on Friday, 26 June 2020 at the Bierhübeli in Bern.

Afterwards, participants enjoyed a light lunch in the foyer of the Kongresszentrum, an opportunity for SUISA employees, guests and colleagues to talk, sign resolutions, find out about Helvetiarockt projects at the organisation’s stand or even initiate new projects.

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Around 150 voting SUISA members attended the annual General Meeting on 21 June 2019 at the Kongresszentrum in Biel to help determine the direction of their cooperative. Among their decisions was the election of Sylvie Reinhard and Grégoire Liechti to the Board of Directors. SUISA members also passed a resolution for fair conditions for music creators in connection with the revision to the copyright law. Text by Giorgio Tebaldi

A look back at the SUISA General Meeting 2019

SUISA members during voting for the Board of Directors for the period 2019-2023 at SUISA’s 2019 General Meeting, 21 June 2019, in the Concert Hall of the Kongresszentrum, Biel. (Photo: Sibylle Roth)

‘Spherical, but more angular than trip hop, more emotionally charged than pop music and as organic as folk’ – that’s how SUISA Vice President Marco Zanotta described Zurich musician Annakin, who opened...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

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