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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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When SUISA does politicsWhen SUISA does politics SUISA and the other Swiss rights administration societies have never been as actively involved in politics as in 2018. But is it really justified for SUISA to become engaged in politics? The revision of copyright law certainly has something to do with SUISA’s political engagement. But the rights administration societies have also taken a stand on numerous other issues: the “No Billag” initiative, gambling legislation, revision of telecommunications law, various parliamentary motions and initiatives, etc. Read more
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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

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

Copyright law revision: compromise is the key to success – no exceptions for hotel rooms

The revision of the existing Copyright Act is entering the decisive phase this year. After seven years’ preparatory work, parliamentary debates have now started. The revised act could come into force on 1.1.2020 if both federal houses respect the delicate compromise. Text by Andreas Wegelin

Copyright law revision: compromise is the key to success – no exceptions for hotel rooms

The jurisprudence in Switzerland and Europe is clear: when a hotel receives radio or television broadcasts and retransmits them into its guest rooms, it is a use which is relevant for copyright purposes. (Photo: Piovesempre / iStock)

The long road to a minor partial revision started nine years’ ago: in 2010, State Councillor Géraldine Savary asked the Federal Council to propose solutions to prevent the use of illegal online offers. The Federal Council rejected the request arguing that authors could simply give more concerts to make up for the loss in earnings caused by the slump in CD sales. This answer outraged musicians, and rightly so: not all composers can perform their own works.

In summer 2012, Federal Councillor Sommaruga responded to the protests by creating a working group to prepare proposals for the revision of the Copyright Act. AGUR12, as the working group was called, submitted its recommendations in December 2013. Based on those recommendations and on a wealth of additional unacceptable proposals, the Federal Council produced a preliminary bill in 2015 which met with widespread criticism in the consultation process. FC Sommaruga was obliged to reconvene the AGUR in autumn 2016. AGUR12 II concluded its work in March 2017 with a compromise. At the end of 2017, relying largely upon this compromise, the Federal Council submitted a revised bill to Parliament.

Main points of the revised bill

The relevant key elements of the compromise for musical authors are:

  • Obligation for the hosting provider to remove illegal content and to prevent further uploading of such content (Article 39d); provision for processing personal data to facilitate prosecution of illegal uploading of protected music (Article 77i). Additional demands by authors and producers, e.g. to block access to illegal offers on the Internet, met with strong resistance from consumers and network operators, and were disregarded in the compromise. In this context, one should also consider that such blocking in the musical field would in any event have come ten years too late. Thanks to a wide range of affordable, legal and easy-to-use music streaming services, file-sharing networks and illegal services in the musical field have been greatly reduced.
  • SUISA’s right to information from users in tariff negotiations and accelerated procedure for the approval of copyright tariffs (Articles 51 and 74(2))
  • Extended collective licence (Article 43a): this provision, for instance, enables users to obtain a licence from the collecting societies for publications from archives.

Remuneration for video on demand – unnecessary for composers

The Federal Council also proposed to introduce a remuneration claim for music with regard to video on demand (Articles 13a and 35a). Music creators do not, however, need this: Article 10(2) already entitles them to authorise or refuse the use of their works (in this case, film music). SUISA has already concluded licence agreements for VoD services with all main providers. No new remuneration claims are needed. The existing legislation is adequate.

The VoD remuneration claim was primarily designed to enable Swiss filmmakers to receive fair compensation when their films are viewed on new platforms like Netflix. This would reduce the “value gap” that filmmakers suffer because they participate neither in the direct “pay per view” revenue nor in the platforms’ indirect revenues from advertising and the sale of usage data. Conversely to film music composers who are well organised in rights’ management organisations worldwide, Swiss filmmakers have very limited bargaining power and are therefore dependent on this new remuneration claim.

Against the recommendations of AGUR12 II, the Federal Council extended this claim to music authors who, as mentioned above, do not need this special entitlement. Regrettably, the National Council did not follow our reasoning in the detailed discussion of the law in December 2018 and failed to provide for an exception for music authors. The last hope now lies with the Council of States, which will probably deal with the subject in its March session.

New exemption from the obligation to pay remuneration for radio and TV reception in hotel rooms?

In December 2018, the National Council decided, via the back door so to speak, to follow the parliamentary initiative of Valais FDP MP Nantermod and add a new clause in Article 19(1)(d) FCA providing that the retransmission of radio and TV broadcasts, but also of music or video channels, on demand in hotel rooms, rented holiday apartments, hospital rooms and prison cells, are exempted from copyright fees. As a result, authors would be in a worse position than under the existing legislation, and the revision of the law would work largely to their disadvantage.

What is at stake? If a hotel retransmits radio or TV broadcasts to its guest rooms, the retransmission qualifies as a “rebroadcast” within the meaning of Article 10(2)(e) FCA. This was decided by the Federal Supreme Court in 2017. The providers of TV sets and audio players in guest rooms are hoteliers, landlords of holiday apartments, or hospital operators. All of them operate for profit. Such usage does not, therefore, qualify as private use. The jurisprudence in Switzerland and Europe is clear: this is a relevant usage under copyright law.

The decisions are based on the Bern Convention, the most important international treaty in copyright law, and on other international treaties such as the WCT and the WPPT. Switzerland cannot disregard these treaties. If it did, it would expose itself to sanctions because the obligations under the Bern Convention are also enshrined in the WTO Agreement on the Protection of Intellectual Property (TRIPS). To avoid sanctions if Switzerland were to incorporate this new exception into its law, the exception could only apply to the works of Swiss authors – a totally unacceptable discrimination.

“Hotel rooms would hardly be cheaper if the small copyright fee was eliminated.”

What does it cost hoteliers today? Fees are calculated based on the surface area covered by the TV/audio usage. Up to 1000 m2, the monthly licence fee is CHF 38. Hotels with up to 50 rooms of 20m2 each pay less than CHF 1 per room per month. The rate is slightly higher for larger areas. Hotels with 100 rooms pay CHF 91.80, which is still less than CHF 1 per room per month. The cost for hotels is therefore modest. However, all things being equal, the shortfall for authors and other rightholders would add up to some CHF 1 million per year.

Hoteliers pay their other suppliers for all other services delivered to their hotels. These range from electricity and cleaning to soap in the bathrooms. These goods and services are not provided free of charge – they are part of the hotel supply chain. Hoteliers run their hotels for profit, and in-room entertainment contributes to the price of a room and, therefore, to the added value of the hotel. Why should hoteliers who offer this service to their guests not have to pay the music and film rightholders? Exempting hotel rooms from the copyright remuneration obligation would discriminate against authors and other rightholders compared with other suppliers. And consumers would not even benefit from the exemption because hotel rooms would hardly be cheaper if the small copyright fee was eliminated.

The compromise and the FCA revision both at jeopardy

As mentioned above, the compromise bill for the revision of copyright law put together by AGUR12 II and the Federal Council is now on the finishing straight. If Parliament were to significantly worsen authors’ situation by introducing the hotel room exception, authors would feel slighted and might present further demands for revision. With the risk that no new law is adopted and nearly nine years’ revision efforts will all have been for nothing in the end.

If the revision were to deprive them of the right to allow their works to be rebroadcast in hotel rooms against remuneration, music authors would probably be better off under the existing law.

It is essential that we defend the delicate compromise in the coming months and impress on the Councils that no further changes to the detriment of authors are admissible.

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When SUISA does politicsWhen SUISA does politics SUISA and the other Swiss rights administration societies have never been as actively involved in politics as in 2018. But is it really justified for SUISA to become engaged in politics? Read more
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Copyright Act Review: Authors and publishers must benefit more from the online exploitation of their worksCopyright Act Review: Authors and publishers must benefit more from the online exploitation of their works The Federal Council has adopted a dispatch on the new Copyright Act. SUISA is in principle content with the current version of the law. The solutions achieved in the working group for the Copyright Act (AGUR12 II) were implemented. In order for authors, performers, publishers and producers to benefit better from the digitisation, it is necessary to adopt important additions. Read more
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The revision of the existing Copyright Act is entering the decisive phase this year. After seven years’ preparatory work, parliamentary debates have now started. The revised act could come into force on 1.1.2020 if both federal houses respect the delicate compromise. Text by Andreas Wegelin

Copyright law revision: compromise is the key to success – no exceptions for hotel rooms

The jurisprudence in Switzerland and Europe is clear: when a hotel receives radio or television broadcasts and retransmits them into its guest rooms, it is a use which is relevant for copyright purposes. (Photo: Piovesempre / iStock)

The long road to a minor partial revision started nine years’ ago: in 2010, State Councillor Géraldine Savary asked the Federal Council to propose solutions to prevent the use of illegal online offers. The Federal Council rejected the request arguing that authors could simply give more concerts to make up for...read more

Income from performing rights set to rise in 2019

SUISA’s December Board meetings usually focus on the figures for the coming year. Budgets, staffing plans and cost coverage deductions for business year 2019 were thus the central discussion point. Report from the Board by Dora Zeller

Report from the Board: Income from performing rights set to rise in 2019

Neuchâtel Reggae band Moonraisers, shown on the main stage of the Label Suisse Festival in Lausanne in September 2018; the event is co-supported by SUISA. Regarding the income from performing rights, including concerts, SUISA expects an increase during business year 2019. (Photo: Anne Bichsel / Label Suisse)

For the second time in SUISA’s history, the Board inspected the group budget of SUISA on top of its regular inspection of the budget of SUISA, the Cooperative Society and parent company. The latter comprises the numbers of the parent company, the 100% subsidiary company SUISA Digital Licensing (SUISA Digital) and the 50% share in the Joint Venture Mint Digital Services AG. The budgets of SUISA Digital and Mint are approved by the respective administrative boards of the two companies; the relevant numbers are then incorporated into the group accounts.

Increase in income thanks to performing rights

SUISA’s budget for 2019 provides for an increase of the income from the exploitation of copyright in Switzerland and Liechtenstein, especially due to the income from performing rights (more events, higher admission charges). The decline in mechanical/reproduction rights is set to continue. In the case of compensation claims, growth is expected; the same applies to online usage income. Foreign income has been calculated analogously to 2018, secondary income has been set higher.

For business year 2019, a total turnover of CHF 166.5m has been budgeted (2018: CHF 152m). Costs are expected to rise from CHF 29.5m in the previous year to CHF 32.5m. This is due to higher staff costs required for collections regarding Tariff CT 3a (background entertainment) and additional positions in the IT department.

Cost deductions, Articles of Association, Regulations

With respect to the cost deductions, the Board sets a percentage each year in relation to the distribution of the income that is to be deducted in the following year. For 2019, the percentages of the previous year will be retained in the offline sector. Cost deductions in the online business, however, are subject to change; the reason for this is the outsourcing of licensing and partially distribution activities to the subsidiary companies.

SUISA members had agreed to various changes to the Articles of Association at the General Assembly in June 2018. The revision of the Articles of Association also took place in the context of the alignment with the Liechtenstein Collecting Societies Act and the EU Directive on Collective Rights Management (CRM Directive). As a consequence, the division of powers and the organisational policies had to be adapted, and rules of procedure for the newly created Complaints Committee had to be drawn up. The Board has ratified all of these policies.

FONDATION SUISA and Revision of the Swiss Copyright Act

The SUISA Board Committee for Organisation and Communication and the responsible parties of the FONDATION SUISA have established an “annual dialogue” which takes place at the end of the year. This time, Marc Savary, President of the Foundation Board of the FONDATION SUISA reported on the amendments in the respective Statutes and regulations/policies. He also provided an overview on the activities of SUISA’s foundation for music promotion and answered questions of the Committee members.

Furthermore, the Board was concerned about the news that the National Council intends not to adhere to the compromise by the Working Group on Copyright (AGUR12) in its deliberations on the Copyright Revision and plans to provide for an exception regarding TV reception in guest rooms in the law. As a consequence, the new law would be worse than the previous one. The Board has instructed Management to undertake measures so that the Council of States corrects the decision of the National Council.

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SUISA’s December Board meetings usually focus on the figures for the coming year. Budgets, staffing plans and cost coverage deductions for business year 2019 were thus the central discussion point. Report from the Board by Dora Zeller

Report from the Board: Income from performing rights set to rise in 2019

Neuchâtel Reggae band Moonraisers, shown on the main stage of the Label Suisse Festival in Lausanne in September 2018; the event is co-supported by SUISA. Regarding the income from performing rights, including concerts, SUISA expects an increase during business year 2019. (Photo: Anne Bichsel / Label Suisse)

For the second time in SUISA’s history, the Board inspected the group budget of SUISA on top of its regular inspection of the budget of SUISA, the Cooperative Society and parent company. The latter comprises the numbers of the parent company, the 100% subsidiary company SUISA Digital Licensing (SUISA...read more

When SUISA does politics

SUISA and the other Swiss rights administration societies have never been as actively involved in politics as in 2018. But is it really justified for SUISA to become engaged in politics? By Vincent Salvadé, Deputy CEO

When SUISA does politics

SUISA’s political work is geared to creating a favourable framework for Swiss musical creators in terms of rights management. (Photo: Trybex / Shutterstock.com)

The revision of copyright law certainly has something to do with SUISA’s political engagement. But the rights administration societies have also taken a stand on numerous other issues: the “No Billag” initiative, gambling legislation, revision of telecommunications law, various parliamentary motions and initiatives, etc. Moreover, the societies regularly respond to consultation procedures on a broad range of legislative proposals. This shows that music, and culture in general, have become ubiquitous in our society. Music and culture are multi-faceted and as such are affected by a great number of political issues.

But is it really justified for SUISA to become engaged in politics? Yes. When we act, we do so without partisan labels, motivated solely by our members’ interests. Rights management can rarely be dissociated from politics.

“Generally speaking, our political actions are always aimed at achieving a favourable legal framework for rights management.”

In recent months, SUISA’s tariff negotiations have triggered two parliamentary interventions in Bern: first, in an attempt to counter our supplementary common tariff 3a, which had been confirmed by the Federal Supreme Court at the end of 2017, National Councilor Philippe Nantermod filed a parliamentary initiative demanding that licence fees be abolished for hotel rooms and the like; and second, National Councilor Martin Candinas submitted a motion proposing to disregard State subsidies to local radio stations in peripheral regions in the copyright calculation basis, although the matter has already been decided to the contrary on several occasions by the authorities responsible for approving the tariffs. In both cases, politics were the means chosen to try to defeat what we have struggled to achieve through our rights management activities.

Generally speaking, our political actions are always designed to foster a favourable legal framework for rights management. That is just as true for the revision of copyright law as it was earlier this year in our stand against the “No Billag” initiative: both were driven by the same motivation. Recently, we intervened to ensure that the revision of the telecommunications legislation would not jeopardise a balanced solution for authors’ rights with regard to replay TV.

Such political action requires major investment in terms of argumentation and persuasion. But it has proved worthwhile: on 13 June 2018, the Council of States rejected the Candinas motion (as well as the alternative proposed by the Federal Council) by 22 votes to 21. Would the outcome have been the same if the musical world had not mobilised? SUISA therefore intends to continue resolutely on this path and pursue its active political engagement, in particular against the parliamentary initiative of National Councilor Nantermod.

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SUISA and the other Swiss rights administration societies have never been as actively involved in politics as in 2018. But is it really justified for SUISA to become engaged in politics? By Vincent Salvadé, Deputy CEO

When SUISA does politics

SUISA’s political work is geared to creating a favourable framework for Swiss musical creators in terms of rights management. (Photo: Trybex / Shutterstock.com)

The revision of copyright law certainly has something to do with SUISA’s political engagement. But the rights administration societies have also taken a stand on numerous other issues: the “No Billag” initiative, gambling legislation, revision of telecommunications law, various parliamentary motions and initiatives, etc. Moreover, the societies regularly respond to consultation procedures on a broad range of legislative proposals. This shows that music, and culture in general, have become ubiquitous in our society. Music...read more

No adequate share for audiovisual artists regarding video on demand and streaming success

Film director Ursula Meier is speeding from one success to the next, both in Switzerland as well as abroad. She elaborates why it is necessary to enhance the value of the position of film makers and actors in the video on demand (VOD) sector in the course of the copyright law review. Text/Interview by guest author Jürg Ruchti, CEO, SSA

No adequate share for audiovisual artists regarding video on demand and streaming success

Ursula Meier is a film director and a member of SSA. SSA is a sister society of SUISA and manages copyright for stage and audiovisual works. (Photo: Claude Dussez)

Ursula Meier, you are a member of the Société Suisse des Auteurs (SSA) – why?
Well, first and foremost because SSA looks after my copyright in an efficient manner. It also provides me with additional services: SSA is a cooperative society which is based on mutuality and solidarity and defends the interests of creators of audiovisual and stage works.

Creatives are asking for an implementation of new provisions regarding the video on demand (VOD) into the Swiss Copyright Act.
Yes, that’s very important. Thanks to the internet, our works are being consumed as often as never before but creatives are not paid to the extent that they would deserve. Digital economy players claim the income which have arisen from the consumption of our works but reject any obligations above and beyond that.

But isn’t it the case that authors negotiate their rights with the producer when they create a film?
Yes, but the contractual chains for the exploitation of the works are so complex and sometimes opaque that the income does actually not reach the artist or creator. There is a multitude of contracting parties. The digital economy leaves producers in an unprecedented state of uncertainty. They don’t know whether they’ll ever get their investment back. There are several reasons for that. This affects the levels of remuneration which they can grant artists during the contractual negotiations prior to the completion of a film. Our conditions have thus got worse.

Why should VOD platforms be obliged to remunerate authors via their collective management organisations?
Because if that were the case, authors would get a fair share of the success of their work, since their collective management organisations would get involved with the last player in the value chain i.e. the party which is in direct contact with the consumer. In the TV sector in Switzerland, this model has been established for quite some time and it works to our satisfaction. The current law does actually provide an obligation to pay for the rental of video tapes or DVDs. Since VOD has now taken over this market segment, the law should be adapted to this development.

The suggested new provision does, however, not seem to be beyond all doubt.
No, since it contains two contentious issues: First, it also affects music which does not want this provision since its system already works well in all countries. This is not the case for scriptwriters, directors and actors. A collective management of their rights only exists in few countries and the platforms often operate from other countries. The second issue which is problematic relates to works which are commissioned by TV broadcasters: The legislative draft provides for them to be excluded from the new mandatory remuneration for artists.

What exactly is the problem in the case of commissioned work?
These works are the most sought after works on this new market, for example series. The circle of principals has grown: In future, VOD platforms join TV broadcasters. There is no reason to treat the former in any other way than the latter. Works do follow a path. Sooner or later they can be consumed on a multitude of platforms. If commissioned works are being excluded from this new VOD right, authors do not receive any remuneration for their online exploitation. Their situation would therefore hardly improve. Here’s an example: A new series, commissioned by the RTS, which subsequently is made available via a streaming service such as Amazon would be exempt from the new legislation. This exclusion undermines the meaning of the new law and its general intention consequently misses the mark. The argument which forms the basis to this legal article does not reflect reality and I hope that this will be resolved in the course of the debates in the respective sessions.

About Ursula Meier
Ursula Meier is an internationally renowned film director. “Home” (with Isabelle Huppert) was among the nominated films at the 2008 Cannes Film Festival and received numerous international awards. In 2012, “L’enfant d’en haut” (with Léa Seydoux and Kacey Mottet Klein) was awarded the special prize Silberner Bär [Silver Bear] at the Berlinale [Berlin Film Festival]. Just like “Home”, in 2010, the film was given three Swiss film awards, among them the award for the best film, and it also represented Switzerland at the Oscars. At the beginning of 2018, Ursula Meier completed “Journal de ma tête”, a TV film with Fanny Ardant and Kacey Mottet Klein. The film was nominated for the Berlinale. Ursula Meier was the president of the jury for the Caméra d’Or at the Cannes Film Festival this year.
About the remuneration right for video on demand
Online platforms that make available feature films (cinema and TV) have replaced DVD rental. Whereas, under Article 13 FCA, authors and artists used to receive a share of DVD rental revenues, this is no longer the case for online availability. The revised legislation must ensure that authors and performing artists, as the primary creators of value, participate in this new economic model. Swisscopyright welcomed the introduction of a right to remuneration in Articles 13a and 35a FCA-B in principle. The collecting societies, however, underscored that the right to remuneration must be supplemental to the fees paid to the creators by producers (for the commissioning of works, the performances therein and the corresponding rights). The FCʼs proposal is not clear in this respect. Swisscopyright argues that the parliamentary debates must make it clear that the right to receive remuneration is supplemental to, and not in lieu of, such fees.
“The composers and publishers of film music entrust their rights to collective rights management societies like SUISA which act directly vis à vis the VoD platforms. The contractual system for music assures composers more favourable financial conditions than they would have under a statutory remuneration right.”
Moreover, the exclusion of music works from the new right to remuneration was an essential element of the AGUR 12 II compromise; regrettably, the FC has not included this exclusion in its proposal. Since the voluntary collective management model functions well in the music sector, we should come back to the solution advocated by AGUR12 II. The music and the audiovisual sector diverge significantly in this respect “The composers and publishers of film music entrust their rights to collective rights management societies like SUISA which act directly vis à vis the VoD platforms (alongside the aggregators who handle all other rights in the film). The contractual system for music assures composers more favourable financial conditions than they would have under a statutory remuneration right.
In the field of music, however, it is necessary to ensure that the revenues distributed by collecting societies are properly apportioned between the composer and the publisher. The composer must in any event receive an equitable share. Article 49(3) FCA already guarantees this for concerts, radio broadcasts and CD productions. But this rule only applies to areas under federal regulation, and therefore not to VoD. As a result, Swisscopyright proposes rewording paragraph 5 of Article 13a FCA-B to stipulate the composerʼs right to a fair share of the voluntary collective management revenues, in line with SUISAʼs current practice.
Excerpt from the SUISAblog-Article: “Copyright law revision: work starts in the parliamentary committees” by Vincent Salvadé.

The interview with Ursula Meier was conducted for the “Sessionsbrief” (session letter) (PDF, in German) of Swisscopyright, published in September 2018. Swisscopyright is the joint umbrella of the five Swiss collective management organisations ProLitteris, SSA, SUISA, Suissimage and Swissperform. With the “Sessionsbrief”, the societies inform interested parties from within the political scene as well as the public on subjects affecting copyright.

Swisscopyright Website

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Film director Ursula Meier is speeding from one success to the next, both in Switzerland as well as abroad. She elaborates why it is necessary to enhance the value of the position of film makers and actors in the video on demand (VOD) sector in the course of the copyright law review. Text/Interview by guest author Jürg Ruchti, CEO, SSA

No adequate share for audiovisual artists regarding video on demand and streaming success

Ursula Meier is a film director and a member of SSA. SSA is a sister society of SUISA and manages copyright for stage and audiovisual works. (Photo: Claude Dussez)

Ursula Meier, you are a member of the Société Suisse des Auteurs (SSA) – why?
Well, first and foremost because SSA looks after my copyright in an efficient manner. It also provides me with additional services: SSA is a cooperative society which is based on...read more

Strong together

22 June 2018: it’s that time of the year again. As a member of the Cooperative Society SUISA entitled to vote you will be able to decide on the future of your copyright society and to take stock with respect to the past business year at the General Assembly in the Bierhüebli in Bern. By Andreas Wegelin, CEO

Strong together

Voting at SUISA’s General Assembly: The umbrella of the co-operative joins the collective weight of authors’ and publishers’ votes. (Photo: Juerg Isler, isler-fotografie.ch)

Cooperative societies are usually alliances of persons or institutions who have the same or similar goals and interests. The idea behind such associations is as simple as it is effective: Together, we are strong! Economic, social or cultural issues that are presented in a unified manner often gain more momentum and impact than just the voice of an individual.

As your Cooperative Society for authors and publishers of music, we can support your interests. The main objective is to generate fair conditions and guarantee a fair remuneration for music creators. Collective management of rights has become an ever more significant aspect: These days, SUISA negotiates with some corporations which act globally. The market power of such negotiation partners may only be faced with the support and strength of a unified community.

Under such circumstances, it is even more positive that 2017 has been the best year in SUISA’s history from a financial perspective. An overall amount of CHF 131.4m in copyright remuneration can be paid out to rightsholders and sister societies. That is more than ever before.

SUISA annual results: online usage of music exceeds physical formats for first timeSUISA annual results: online usage of music exceeds physical formats for first time
Authors and publishers of music will receive CHF 131.4 million from SUISA this year. Last year the collecting society received CHF 150 million in copyright from domestic and international sources – CHF 2.9 million more than the previous year. In particular, reimbursements from private copying and the online sector contributed to this growth. For the first time, revenues from online music recordings exceeded those from sales of physical formats. But there is still a pressing need for action in the area of streaming. The internet platforms continue to benefit almost exclusively from this growth market, rather than composers, lyricists and publishers of music. Read more

During the coming GA, a revision of SUISA’s Articles of Association is planned for ratification. This has become necessary because a Directive at EU level has been passed with new provisions, especially regarding the transparency of our work. And this is something that affects SUISA, too: SUISA is responsible for Liechtenstein and operates for online usages on an European market level.

Exploitation rights in the EU and review of SUISA’s Articles of AssociationExploitation rights in the EU and review of SUISA’s Articles of Association
Liechtenstein has been – other than Switzerland – a member of the European Economic Area since 1995 and must, as such, accept a major proportion of the European Union legal provisions. What do EU exploitation rights have to do with the revision of the SUISA Articles of Association? Read more

During the GA, you are also going to have the oppoertunity to meet the President of Swissperform. She is going to report on the cooperation among the Swiss collective management organisations.

Why SUISA members should also consider joining SWISSPERFORMWhy SUISA members should also consider joining SWISSPERFORM
Composers and lyricists who are SUISA members and are also active as artists and/or producers and whose performances are broadcast by Swiss or foreign radio and TV channels are entitled to receive a remuneration from SWISSPERFORM. For all those authors-composers-artists/producers, a membership with SWISSPERFORM is thus a necessary addition to their SUISA affiliation in order to safeguard their rights and the full remuneration they are entitled to. Read more

FONDATION SUISA also has got some news on its support activities, and its foundation Director is going to elaborate on that. Finally, the ongoing copyright law revision is expected to be a topic for discussion, since hearings took place among the parliamentary committees last April and May.

New support strategy: “We want to look ahead”New support strategy: “We want to look ahead”
FONDATION SUISA reinforces its activities regarding the support of music in Switzerland and the Principality of Liechtenstein: Each year, four music projects shall be launched under the motto “Get Going!”, and every other year, a bigger amount shall be allocated to works under the slogan “Carte Blanche”. Read more
Copyright law revision: work starts in the parliamentary committeesCopyright law revision: work starts in the parliamentary committees
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All of these topics will be covered by our SUISAblog and SUISAinfo, one of which you are currently reading. Of course, you’ll find out more information and more details if you travel to the GA in Bern. I look forward to welcoming as many of you as possible in person then.

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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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22 June 2018: it’s that time of the year again. As a member of the Cooperative Society SUISA entitled to vote you will be able to decide on the future of your copyright society and to take stock with respect to the past business year at the General Assembly in the Bierhüebli in Bern. By Andreas Wegelin, CEO

Strong together

Voting at SUISA’s General Assembly: The umbrella of the co-operative joins the collective weight of authors’ and publishers’ votes. (Photo: Juerg Isler, isler-fotografie.ch)

Cooperative societies are usually alliances of persons or institutions who have the same or similar goals and interests. The idea behind such associations is as simple as it is effective: Together, we are strong! Economic, social or cultural issues that are presented in a unified manner often gain more momentum and impact...read more

Copyright law revision: work starts in the parliamentary committees

On 22 November 2017, the Federal Council presented its Message on the revision of the Federal Copyright Act (FCA), and referred the copyright bill (FCA-B) to the two houses of Parliament. Text by Vincent Salvadé

Copyright law revision: work starts in the parliamentary committees

Revision of Swiss copyright law: work has started in the Federal Palace in Berne. (Photo: Simon Zenger / Shutterstock.com)

The bill reflects the compromise reached by the AGUR12 II working group at the beginning of March 2017. Parliament has started working on the bill, and SUISA was invited to present its point of view on 12 April 2018 at a hearing organised by the Science, Education and Culture Committee of the National Council. SUISA also had the opportunity to state its views before the Legal Affairs Committee of the National Council, first in writing and then orally on 18 May 2018.

Each time, SUISA acted in association with Swisscopyright, the entity which brings together the five Swiss collective management societies in the field of copyright and neighbouring rights. SUISA started by underscoring that the main objective of Swisscopyright was to ensure fair remuneration for cultural creators, including in the digital age. For this reason, the five collective rights management societies supported the compromise achieved at AGUR12 II level and, consequently, the Federal Councilʼs proposal. However, the societies asked for changes in the provisions governing the new entitlement to remuneration for video on-demand (VoD) with a view to ensuring that the new regulations better reflect the AGUR12 II compromise and secure fair remuneration for creators.

1. General appraisal of the FCʼs bill

Swisscopyright welcomed the Federal Council’s intention to introduce an “extended collective licence” (Article 43 FCA-B). Collecting societies could thus grant blanket authorisations for certain uses, including on behalf of rightholders they do not contractually represent; this would foster cultural projects while assuring remuneration for entitled parties. The blanket authorisation would apply to uses which cannot be individually controlled by rightholders; collecting societies would act as an “insurance” (of a sort) for users. The extended collective licence is perfectly consistent with the function of a collective rights management society, which is to facilitate and simplify rights management for all stakeholders.

Generally speaking, Swisscopyright welcomes all the measures designed to improve collective rights management: according to the FCʼs proposal, users would be required to communicate their declarations to collecting societies in electronic form to facilitate automatic processing (Article 51 FCA-B); collecting societies would be authorised to exchange the data delivered by users (Article 51(1bis) FCA-B); accelerated tariff appeals procedure (Article 74(2) FCA-B); and the Federal Arbitration Commission in charge of tariffs would be permitted to hear witnesses (see draft of new Article 14(1) lit. g of the Administrative Procedure Act). These new rules are designed to increase efficiency, reduce management costs and ensure more money is available for distribution to cultural creators.

“Swisscopyright believes these new anti-piracy measures are necessary to foster legal offers ensuring fair remuneration for creators.”

Swisscopyright also supports the Federal Councilʼs proposals for new anti-piracy measures since they contribute to improving the situation. According to Article 39d FCA-B, platforms presenting significant piracy risks would be obligated to actively combat copyright infringements (stay down obligation). The possibility of processing data for criminal prosecution purposes (Article 77i FCA-B), must be included in the FCA since the Federal Supreme Court ruled that collecting information on pirates and hackers (in particular their IP addresses) is not currently admissible under the Law on Data Protection (ATF 136 II 508). Swisscopyright believes these new anti-piracy measures are necessary to foster legal offers ensuring fair remuneration for creators.

Swisscopyright accepted the proposed copyright exception for the use of works for scientific research (Article 24d FCA-B), but only in the context of the AGUR12 II compromise. The fact that – conversely to what had been proposed in the original draft in 2015 – this exception is not accompanied by a claim to remuneration is indeed problematic for rightholders in the literary field. Swisscopyright underscored that no further concessions to the scientific community would be accepted on the backs of cultural creators.

2. Right of remuneration for VoD

Online platforms making available feature films (cinema and TV) have replaced DVD rental. Whereas, under Article 13 FCA, authors and artists used to receive a share of DVD rental revenues, this is no longer the case for online availability. The revised legislation must ensure that authors and performing artists, as the primary creators of value, participate in this new economic model: Swisscopyright welcomed the introduction of a right to remuneration in Articles 13a and 35a FCA-B. The collecting societies underscored that the right to remuneration must be supplemental to the fees paid to the creators by producers (for the commissioning of works, the performances therein and the corresponding rights). The FCʼs proposal is not clear in this respect; Swisscopyright argues that the parliamentary debates must make it clear that the right to remuneration is supplemental to, and not in lieu of, such fees.

“The composers and publishers of film music entrust their rights to collective rights management societies like SUISA which act directly vis à vis the VoD platforms. The contractual system for music assures composers more favourable financial conditions than they would have under a statutory remuneration right.”

Moreover, the exclusion of music works from the new right to remuneration was an essential element of the AGUR 12 II compromise; regrettably, the FC has not included this exclusion in its proposal. Since the voluntary collective management model functions well in the music sector, we should come back to the solution advocated by AGUR12 II. The music and the audiovisual sector diverge significantly in this respect. The composers and publishers of film music entrust their rights to collective rights management societies like SUISA which act directly vis à vis the VoD platforms (alongside the aggregators who handle all other rights in the film). The contractual system for music assures composers more favourable financial conditions than they would have under a statutory remuneration right.

In the field of music, however, it is necessary to ensure that the revenues distributed by collecting societies are properly apportioned between the composer and the publisher. The composer must in any event receive an equitable share. Article 49(3) FCA already guarantees this for concerts, radio broadcasts and recordings. But this rule only applies to areas under federal regulation, and therefore not to VoD. As a result, Swisscopyright proposes rewording paragraph 5 of Article 13a FCA-B to stipulate the composerʼs right to a fair share of the voluntary collective management revenues, in line with SUISAʼs current practice.

The plenary debates in the National Council (expected in autumn) will show whether the parliamentary committees were sensitive to the argumentation put forward by Swisscopyright.

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On 22 November 2017, the Federal Council presented its Message on the revision of the Federal Copyright Act (FCA), and referred the copyright bill (FCA-B) to the two houses of Parliament. Text by Vincent Salvadé

Copyright law revision: work starts in the parliamentary committees

Revision of Swiss copyright law: work has started in the Federal Palace in Berne. (Photo: Simon Zenger / Shutterstock.com)

The bill reflects the compromise reached by the AGUR12 II working group at the beginning of March 2017. Parliament has started working on the bill, and SUISA was invited to present its point of view on 12 April 2018 at a hearing organised by the Science, Education and Culture Committee of the National Council. SUISA also had the opportunity to state its views before the Legal Affairs Committee of the National Council, first in writing and then orally on...read more

2018 – a challenging year?!

Review of the Copyright Act, No-Billag-Initiative, online licensing, further development of “my account”… With such topics, SUISA continues to pursue the aim to offer its members efficient services and to create optimal framework conditions. We will face the challenge! By Irène Philipp Ziebold, Director

2018 – a challenging year?!

SUISA supports a NO to the No-Billag-Initiative: “If we did not do anything, we would not live up to our duties as a self-help organisation of music creators” writes Director Irène Philipp Ziebold. (Photo: Manu Leuenberger)

We want to continue to provide efficient services to our members in 2018 and to create optimal framework conditions for them. We have been pursuing these goals in a continuous process for quite a while. For this year we have made a clear note of these intentions and resolutions in our ‘to do’ notepads, since we are facing many challenges in 2018.

With respect to the framework conditions, for example, it is important that authors and publishers benefit better from the online usage of their works with the review of the Copyright Act, or that, in the interest of Swiss music, the reception fees made out of solidarity for public service media are not abolished. In an increasingly cross-border oriented competitive environment, it is, however, also of entrepreneurial importance to optimise the service range offered for members and customers alike.

Since December 2017, statements are made available via “my account”Since December 2017, statements are made available via “my account”
Thanks to the password-protected members’ area “my account”, our members can keep an overview of their distribution statements and distribution settlements. Many members asked us to stop the dispatch by post. We have taken this request into account and introduced the option to renounce on the postal dispatch. Read more

Something we at SUISA can determine as a Cooperative Society is whether a member can access its settlements via “my account”. Since December 2017, only those who have had access to “my account” have been receiving their distributions electronically. It is important in this context that we approach such developments in the interest of our members and never lose sight of the goal to offer high-quality efficient services. Driven by such a motivation, we have continued to improve our services for our members throughout the last few years.

Above and beyond that, we also have the duty as a collective management organisation for copyright to make social and political statements and to create optimal framework conditions as a consequence. Compared to the above mentioned “internal” processes and services, we cannot make the “right” decisions ourselves but influence matters so that the interests of our members are being taken seriously.

Copyright Act Review: Authors and publishers must benefit more from the online exploitation of their worksCopyright Act Review: Authors and publishers must benefit more from the online exploitation of their works
The Federal Council has adopted a dispatch on the new Copyright Act. SUISA is in principle content with the current version of the law. The solutions achieved in the working group for the Copyright Act (AGUR12 II) were implemented. In order for authors, performers, publishers and producers to benefit better from the digitisation, it is necessary to adopt important additions. Read more

We thus engage ourselves to ensure that the creatives, our members as the content suppliers for online platforms do not come out of this empty-handed and that they can expect a modern Copyright Act.

We therefore also support a NO to the No-Billag-Initiative. For many of our members, the public service idea, especially the opportunity to disseminate music and culture, is essential. In this case, the broadcasters of SRG SSR as well as the 35 state-licensed TV and radio stations play a fundamental role. If the reception fees made by Swiss households out of solidarity for their public service media would be abolished, then important platforms for our members for the dissemination of their works would fall away.

Subsidised broadcasters offer more variety and more SUISA repertoireSubsidised broadcasters offer more variety and more SUISA repertoire
Subsidised radio and TV broadcasters in Switzerland and Liechtenstein tend to create more broadcasting space for the music of SUISA members than privately financed channels. Moreover, the majority of the broadcasters supported by the Swiss Federation play more diverse music titles than their counterparts which are focussed on advertising revenue. In the interest of our local music creation and the cultural diversity, we therefore have to reject an abolition of the solidarity-based fees for public service media. Read more

SUISA therefore supports the activities of creators and artists and their associations such as Sonart – music creatives Switzerland, Suisseculture or the Swiss Music Council against No-Billag. If we did not do anything, we would not live up to our duties as a self-help organisation of music creators. And that’s why we take on the challenges 2018 is going to throw at us!

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Review of the Copyright Act, No-Billag-Initiative, online licensing, further development of “my account”… With such topics, SUISA continues to pursue the aim to offer its members efficient services and to create optimal framework conditions. We will face the challenge! By Irène Philipp Ziebold, Director

2018 – a challenging year?!

SUISA supports a NO to the No-Billag-Initiative: “If we did not do anything, we would not live up to our duties as a self-help organisation of music creators” writes Director Irène Philipp Ziebold. (Photo: Manu Leuenberger)

We want to continue to provide efficient services to our members in 2018 and to create optimal framework conditions for them. We have been pursuing these goals in a continuous process for quite a while. For this year we have made a clear note of these intentions and resolutions in our ‘to do’...read more