Tag Archives: Cost deductions

More efficiency and back to a degree of normality

“A crisis is a productive state, you just have to take away the taste of disaster.ˮ This quote from the Swiss author Max Frisch can be referred to as the guideline for SUISAʼs objectives over the past two years. Today, we can establish that: The cooperation with our customers has been strengthened and the efficiency of our services is steadily increasing. 2022 may well bring us all a little more normality again. By Irène Philipp Ziebold, COO

Irène Philipp Ziebold, COO of SUISA. (Photo: Lisa Burth)

2021 – a year that, unfortunately, was still marked by the Covid-19 pandemic. SUISAʼs members as well as its customers continued to face many challenges: Numerous events had to be cancelled or postponed, which had a significant impact on the decline in revenue, particularly in the concert and entertainment event sector.

Since the beginning of the COVID-19 pandemic, SUISA has set itself the goal of supporting members as well as customers as far as possible during this difficult time. The corresponding support measures (advances, Covid-19 emergency fund, Pension Fund) are used and very much appreciated by our members. But also on the part of the organisers our measures (longer payment periods, reductions according to tariff) were positively received.

As such, we can state today that this “togetherness in times of crisisˮ has strengthened cooperation, which can also be seen in SUISAʼs round table discussion with its customers and event partners Christoph Bill (Heitere Events AG and President SMPA) and Alexander Bücheli (Managing Director Bar & Club Commission Zurich) (to be read in the article “Going through times of crisis with strong cooperational partnersˮ on the SUISAblog).

In addition, the Covid-19 pandemic has clearly shown us how important efficient services are so that the distribution results can be optimised as best as possible even in the event of a drop in collections. SUISA has been enhancing its online service for years now, especially for music authors and music publishers. Step by step, we are expanding the possibilities for our members to access our services and process their transactions with us online, independent of their time(zone) and location.

SUISA can thus increase its efficiency and consequently distribute more money to authors and publishers of music. With almost 28,000 principals and over 12,000 members entitled to vote, further measures (more on this in the article “New features in member services of SUISAˮ) must be taken in order to achieve the goals that have been set.

For now, we look forward to 2022 with anticipation and hope that the new year will bring a bit more “normalityˮ.

Related articles

New features in member services of SUISA – SUISA has been enhancing its online service for years now, especially for music authors and music publishers. Self-service is key: It should be easy and comfortable for members to access all SUISA services online. This does not just save time for members: SUISA can thus also increase its efficiency and therefore distribute more money to rightsholders. In 2022, the conditions for membership will also be amended. Read more

SUISA and the Covid-19 crisis – Since the end of February 2020, it’s not just the music sector that has been confronted with an unforeseen challenge. As a cooperative society for authors and publishers of music and a collective management organisation, how is SUISA dealing with the Covid-19 crisis which has been around for nearly two years? 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. Read more

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Irène Philipp Ziebold, COO of SUISA. (Photo: Lisa Burth)

Board meetings December: Budget established for the year 2022

The meetings of SUISA’s Board of Directors on 12 and 13 December 2021 had unfortunately to be held in the form of a video conference again due to the recommended protective measures. Among other things, the budget for 2022 was approved at the last meetings of the year. Report from the Board of Directors by Andreas Wegelin

The outlook with regard to the staging of concert events and the associated collections for performing rights for 2022 remains a foggy one. (Photo: Tabea Hüberli & Dirk Hoogendoorn)

Due to the pandemic, the last meetings of the Board of Directors and its commissions were once again held by video conference on 12 and 13 December. Shortly before that, the Board of Directors still had the opportunity to meet physically in the course of a conference.

Future of online licensing

In this information and retreat session on 24 November 2021, the Board of Directors discussed the current situation regarding the global management of our members’ rights for online uses with SUISA’s Executive Committee and the CEO of Mint Digital Services AG. SUISA is competing with other collective management organisations and licensing companies through its joint venture company established together with the American SESAC: ICE, founded by PRS (UK), Gema (DE) and Stim (SE), and Armonia, founded by Sacem (FR). The possible scenarios for the acquisition of further customers were therefore discussed with the Mint CEO. The Board was also able to take note of the benefits that direct licensing of SUISA repertoire brings to our members worldwide.

2022 Budget

The main topic of the December Board meeting was the approval of the 2022 budget presented by management. As is well known, the situation regarding performing rights remains critical. Due to Covid-19, large events are only possible under restrictive conditions, if at all. These requirements entail that ticket sales are also more tentative and often worse than before the pandemic. As a result, performing rights revenue is expected to be lower in 2022 than it was prior to Covid-19 (–35% compared to 2019). Nevertheless, there should be an increase compared to 2020 (+12%).

Important pillars for achieving a better result in all areas compared to 2020 and probably also 2021 are the continuously improved market coverage, adjusted tariffs and new contracts. As a result of the new tariff relating to the blank media levy for external hard disks and laptops valid from 1 July 2022, revenue from compensation claims is expected to increase by around 20% compared to 2020.

On the expenditure side, we continue our cautious course. Expenditures are expected to be lower in 2022 than in 2020. Nevertheless, investments must be made in the further development of IT. The aim is to carry out as many communication processes as possible between members and SUISA and between clients and SUISA online: Our contact persons should be able to get in touch with us at any time via the web portal.

Within the framework of the budget, the Board also decided on the cost deductions for settlements to rightsholders in 2022. These cost deductions remain unchanged, i.e.: a maximum of 15% for performing and broadcasting rights and for online uses (video, websites). For online distribution of audio recordings, the cost deduction is 10%.

Code of conduct and conflicts of interest

The 2014 EU Directive on collecting societies also applies in the Principality of Liechtenstein. SUISA has therefore amended its Articles of Association accordingly in 2018. As a further consequence of the provisions of the Directive, the rules on conflicts of interest need to be defined more precisely. The board approved these rules at the December meeting. To this end, the Board of Directors and the Executive Board will disclose to the General Meeting corresponding declarations on vested interests and the remuneration from their SUISA mandates.

Projects

The Board of Directors also decided to continue its work on and planning of two projects: on the one hand, the celebrations for SUISA’s 100th anniversary in 2023 and, on the other hand, a joint project with Gema to automate and thus improve market registration for performing rights. Details of this will be able to be elaborated in the reports following the upcoming board meetings.

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Residuals from online collections – what’s that and how can I participate in them? – In mid-December, we pay our members the fourth settlement of their online revenues this year. But this time, we’ll put a cherry on top! This “cherry” comes from the so-called “residuals” about the distribution of which the SUISA Board had decided in autumn 2021. In this context, here’s the most important piece of advice: Register all works as soon as possible with SUISA! Read more

Legal consequences of concert cancellations for Covid-19 – Regrettably, owing to the coronavirus, some musical events have had to be cancelled. What are the consequences of such cancellations for the artists and organisers concerned? Is the artist still entitled to the contractual fee? Read more

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The outlook with regard to the staging of concert events and the associated collections for performing rights for 2022 remains a foggy one. (Photo: Tabea Hüberli & Dirk Hoogendoorn)

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SUISA Board meeting, autumn 2021

The Board of Directors and the Committee for Tariffs and Distribution and the one for Organisation and Communication gathered on 29 and 30 September 2021 for their autumn meetings in Lausanne. Report from the Board of Directors by Andreas Wegelin

During its autumn meeting, the SUISA Board of Directors elected Francine Jordi (pictured) into the Board of FONDATION SUISA. (Photo: Thomas Buchwalder)

Fortunately, the epidemiological situation allowed the members of the SUISA Board of Directors and the Executive Committee to meet in person again. Of all people, it was ausgerechnet? Councillor of States, Johanna Gapany, newly elected to the Board at the General Meeting 2021, who was only able to join the meeting of the Committee for Organisation and Communication (O+K) via video link due to her participation in the session of the Federal Councillors in Bern. The SUISA meeting schedule 2022 is going to be adapted with the Council sessions in mind.

Cost unit accounting

The Board of Directors dealt with the results of the cost unit accounting for 2020, like every year in its autumn meeting. Based on the cost unit accounting, it can be determined how high the expenditure for collection and distribution is for each tariff in detail.

It is generally known that SUISA deducts a fixed percentage from the settlements to the rightsholders as a cost contribution for its expenditure related to collection and distribution. This percentage, i.e. 15% for performing and broadcasting rights, is a mixed calculation in relation to the effective costs. For example, collecting licence fees for music usages in the hospitality industry (CT H) or for dance and entertainment (CT Hb) is more costly than the collection from radio stations (Tariff A and CT S).

This cost unit accounting also makes these differences visible, and it can also be shown in a time dimension whether the costs for a specific tariff are showing a downward trend thanks to savings and rationalisation measures. The result of the cost unit accounting 2020 was somewhat clouded by the difficult collection situation due to the pandemic, less income but still costs which could not be reduced to the same extent.

Strategy

Every year in its autumn meeting, the Board of Directors takes a look at the strategy of SUISA. The basis paper for this was created in 2019. It was now time to check whether the defined strategic objectives are still to be weighted equally and can be achieved in a meaningful way.

Due to the pandemic, slight adjustments were made; however, the fundamental strategic stance of “asserting oneself in the face of increasing competition through high yields with high cost-awareness and best service quality” remains the same.

Special meeting to discuss online usages

In relation to the company’s strategy, the Board of Directors is going to meet at the end of November in a special meeting to discuss online usages. One reason for this, among others, is also the five-year anniversary of Mint Digital Services, the Joint Venture with the US-American organisation SESAC.

For this special meeting, the Board of Directors approved an agenda and determined the main issues. The objective is to define the needs and expectations of the SUISA members and satisfy them by way of finding suitable measures at Mint Digital Services and the SUISA group of companies.

Distribution of “residuals”

Changes in the distribution rules normally have to be approved by the Swiss Federal Institute of Intellectual Property (in Switzerland) and the Office for Economic Affairs (in Liechtenstein). The competence in the case of distribution rules for collections for online licensing is different: The management of online rights is not subject to federal supervision. As such, the respective changes to distribution rules exclusively fall under the competence of the Distribution and Works Committee and the SUISA Board of Directors.

As part of this competence, the Board of Directors decided in its meeting on 30 September 2021 that item 5.6.1 of the distribution rules be changed respectively reviewed with regards to the distribution of the “residuals” paid by online platforms. “Residuals” are amounts paid by online music platforms for works or parts of works whose rights owners could not be determined and as such no claims were established by any collective management organisation.

Such difficulties arise in such cases when musical works have not been registered in time. For such cases, online providers pay so-called “residuals” after 18 months to the collective management organisation of the country where the music was used.

A so-called “multi-stage invoicing” has been agreed with the online music providers: The usage data of the distribution period will be matched after 90 and after 180 days again against the works database. During that time, it is possible to submit a late registration of the works resulting in a settlement for the work that has been registered late.

The Board of Directors decided that after 180 days, the payments for non-identified works (the “residuals”) shall be paid out as a supplement on top of the other used works in the corresponding distribution period. The alternative that up to five years after the usage, unidentified works can still be registered has been dismissed by the Board of Directors due to cost reasons. It is therefore important that new titles are registered as soon as possible so that online usages can be distributed as adequately as possible.

Francine Jordi elected to the Pension Board of the FONDATION SUISA

The Board of Directors of SUISA is the election committee of the Board of FONDATION SUISA, the foundation for music promotion of SUISA. In its autumn meeting, the Board elected Francine Jordi as a new Pension Board member.

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SUISA Board of Directors holds a physical meeting for the first time in 15 months – While the General Meeting could only take place by postal vote due to the precautionary measures taken in the context with the corona pandemic for the second time, the Board of Directors decided to hold a physical meeting for the first time in 15 months in Muri near Berne on 24 and 25 June 2021, adhering to the prescribed protective measures. Read more

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During its autumn meeting, the SUISA Board of Directors elected Francine Jordi (pictured) into the Board of FONDATION SUISA. (Photo: Thomas Buchwalder)

Planning ahead in a crisis situation

Advance planning is particularly important in times of crisis. During the December 2020 meetings of the Board, SUISA looked at the key issue, budgetting, and other relevant topics for the future. Report from the Board of Directors by Andreas Wegelin

Despite a bleak budget forecast, SUISA makes music possible, also in 2021. The photo shows a snapshot of last year’s Label Suisse where SUISA contributed as a sponsoring partner. (Photo: Tabea Hüberli & Dirk Hoogendoorn)

The SUISA Board of Directors dedicated its December meetings mainly to the 2021 budget. During the current crisis situation due to the pandemic, the projections are even more difficult, compared to 2019. It is possible that there may be major deviations regarding the degree of how the budget is met. In addition, the 2020 budget was revised last year at the end of April during the running financial year and the Executive Committee worked on the basis of a corona budget with new targets for the remaining eight months.

In December, the Board of Directors approved the following cornerstones for the 2021 budget:

2021 income has been budgeted at 20.7% less than the results from 2019, i.e. the financial year before the start of the crisis. Compared to the very cautious corona budget for 2020, however, it is 6.7% higher. The income from performing rights is set at 37% below the 2019 figures. This is due to the event bans resulting from corona ordinances and regulations.

The 2021 costs were budgeted at about 5% less than those for 2019. They are, however, 20% lower than the figure provided in the revised corona budget 2020.

Several factors play a role when it comes to how cost is developing: Apart from savings in terms of personnel, there are significant cost segments in the IT and securities expenses. Savings are planned for personnel costs, on the one hand due to retirements and associated restructuring, and on the other hand due to the outsourcing of 11 staff into the subsidiary Mint Digital Services AG.

When it comes to the IT segment, the Board of Directors thinks it is more important to maintain innovation and to partially expand on it in order to retain competitiveness than to just implement mere saving measures. Efforts to save money which are too strict often backfire and lead to an unwanted slowing down of the development of our service ranges.

Finally, the securities expenses are a budget item which is very hard to estimate per se. Luckily, the Board of Directors could establish that the financial markets have meanwhile recovered from their collapse in March 2020 and that financial investments are thus again back on the levels of last year. For 2021, the Board has budgeted a much lower finance expenditure than in the 2020 corona budget.

Despite the bleak budget outlook, the Board of Directors decided that the cost deductions for the 2021 distributions should remain unchanged. Executive Committee and Board of Directors expect that the amounts from released liabilities can compensate for the decrease in revenue and thus for an increase in the cost to revenue ratio.

New service range catalogue and minimum fee for SUISA membership

The Board of Directors also covered the service range offered to members and principals in its December meeting. SUISA now holds more than 12,600 members who are entitled to vote and 26,700 principals. Unfortunately, of the 40,000 rights holders, only 60% generate significant income. More than a third of all entitled rights holders never receive a distribution because their works are neither performed, recorded, broadcast nor used online. All rights holders were able to use all of SUISA’s service ranges in the past. The digitisation led to the creation of online services (“My account” portal). Self-service options available in the portal for rights holders are going to be further expanded.

The Executive Committee thus worked out proposals how costs could be saved by offering service ranges to principals only via online features. This measure would save working time and thus staff costs. As a consequence, the Board of Directors now decided to adopt the conditions for membership. From now on persons who have been principals with SUISA for at least one year and have been paid out a minimum of CHF 3,000 (previously CHF 2,000) will become members of SUISA. Principals shall, from 2022 onwards, only be able to access SUISA’s range of services via the online portal “my account”.

Changes in the distribution and investment rules

Further business discussed at Board level was the approval of new distribution rules, among other for the collections from blank media levies and the change of the investment rules regarding the criterion of sustainability of financial investments.

Flexible management in times of crisis

Finally, the Board of Directors decided to create a conference of Presidents which is meant to replace the previous corona task force. Based on the reporting of the Executive Committee, it is scheduled to determine the impact of the ordinances and regulations by the authorities on SUISA’s business on a monthly basis and highlight need for action to the Board of Directors. Members of the conference of Presidents are Géraldine Savary, Roman Camenzind, Rainer Bischof, Marco Neeser and Xavier Dayer.

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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. 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. Read more

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hermann says:

14.02.2021 at 09:27

Sehr geehrte Damen und Herren
ich habe ihren Artikel mit Aufmerksamkeit gelesen und ich habe absolut Verständnis für die Aussagen und Denkweisen. Sie haben die Aufgabe ihre Mitglieder und Auftraggeber bestmöglich zu versorgen.
Meine Sicht der Dinge ist etwas differenzierter. Die vielen Betriebe und Vereine die durch Covid 19 stark eingeschränkt wurden, von Bundesgeldern und auch von rückzahlbaren Krediten (Covid19-Krediten) belastet sind, sollen den Jahresbeitrag ohne Berücksichtigung der aktuellen Situation bezahlen.
Das sehe ich auf keinen Fall so, denn der FC Ebikon ist einer der betroffenen Fussballvereine in der Schweiz, die ihren Betrieb einstellen musste. Das heisst, das der Trainingsbetrieb und aber auch der Betrieb unseres Clubhauses eingestellt werden musste, dies wurde so angeordnet. Somit hatten wir nicht die Möglichkeit das gesellschaftliche Leben, den Clubbetrieb mit Musik, Filmen, Videos etc zu nützen. Das heisst konkret, dass wir die Rechnung nicht in diesem Umfange bezahlen werden, sondern im Umfange der Nutzungsmöglichkeiten die staatlich verordnet sind.
Falls der Trainingsbetrieb per 1.3. oder dann hoffentlich per 1.4.21 wieder gestartet werden kann, erwarte ich eine angepasste Rechnung von Ihnen. Weiter hätte ich erwartet, dass sie der aktuellen Corona Situation Rechnung tragen und sie eine partnerschaftliche und faire Rechnung versenden.
Für eine Stellungnahme bitte ich sie und grüsse Sie freundlich
Sebastian Hermann
Finanzchef FC Ebikon

Reply
- SUISA Kommunikation says:
  
  19.02.2021 at 12:17
  
  Sehr geehrter Herr Hermann
  
  Danke für Ihre Nachricht.
  
  Die SUISA ist sich bewusst, dass viele Betriebe und auch Sportvereine wie der FC Ebikon unter den Folgen der behördlichen Massnahmen zur Eindämmung der Corona-Pandemie leiden. Denn den Musikschaffenden, den Mitgliedern der SUISA, ergeht es in diesen schwierigen Zeiten gleich.
  
  Damit verbunden hält die SUISA ihre Dienstleistung aufrecht, öffentliche Musiknutzungen zu erlauben, aber hat schon im Frühling 2020 zugunsten der Lizenznehmerinnen und -nehmer einige ihrer Modalitäten den ausserordentlichen Umständen angepasst.
  
  Die Kundinnen und Kunden der SUISA sind in den verschiedensten Wirtschaftszweigen tätig. Teilweise sind und waren aufgrund der behördlichen Verordnungen die Musiknutzungen sogar regional unterschiedlich verunmöglicht. Für die nachweislich nicht erfolgten Nutzungen entfallen die Vergütungen für die Urheberrechte.
  
  Damit der Nachlass korrekt dem individuellen Einzelfall entsprechend in Abzug gebracht werden kann, kommen aus administrativ-technischen Gründen differenzierte Verfahren zur Anwendung. Speziell bei Lizenznehmerinnen und -nehmern des Gemeinsamen Tarifs 3a (GT 3a) für Hintergrundunterhaltung können die Termine der Betriebsschliessungen von Unternehmen zu Unternehmen sehr stark variieren.
  
  Die konkreten Daten der Betriebsschliessung können deshalb über ein elektronisches Kontaktformular gemeldet werden. Nach Prüfung der Angaben erfolgt eine Gutschrift gemäss dem Gemeinsamen Tarif 3a. Der Wert dieser Gutschrift kann je nach behördlich verordneten Schliessungen wegen Covid-19 variieren.Die Gutschrift wird in der folgenden Jahresrechnung abgezogen.
  
  Das Kontaktformular steht zur Verfügung unter: http://www.suisa.ch/3a. Dort sind auch weitere Informationen zu finden, wie die SUISA ihren Kundinnen und Kunden entgegenkommt: http://www.suisa.ch/de/suisa/massnahmen-der-suisa-bezueglich-der-corona-pandemie/informationen-fuer-kunden.html
  
  Für Fragen stehen wir Ihnen selbstverständlich gerne zur Verfügung.
  Freundliche Grüsse
  Kundendienst GT 3a
  
  Reply

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Report of the task force of the SUISA Board of Directors – end of June 2020

In April 2020, SUISA’s Board of Directors set up a working group to respond as quickly as possible to the negative financial impact of the Covid-19 crisis on SUISA and to identify cost-saving measures together with the Executive Committee.

In view of the expected negative economic consequences of the lockdown on SUISA, initial cost-saving measures were taken and a corona budget was drawn up. (Photo: Yuttapon Busu / Shutterstock.com)

Several meetings were held for this purpose, and we would like to share with all SUISA members the main points arising from these ongoing discussions.

The Executive Committee estimates that the losses in connection with the Covid-19 crisis currently amount to around 25% of budgeted revenues for 2020. Initial cost-cutting measures have already been taken to reduce costs, provided that negative impacts on SUISA’s regular operations and important development projects (e.g. online access to “My Account” for members, self-service portal for clients) are avoided.

The issue of short-time work was discussed as a possible solution to reduce costs. SUISA’s Executive Committee drew the attention of the task force to the fact that short-time work would currently have a negative impact on the collection of royalty income, especially in the area of smaller performances, and on SUISA’s regular operations. Although almost all concerts between the end of March and the end of May were cancelled, the work of SUISA’s staff has not yet decreased significantly, partly because additional services such as the emergency support fund are now being provided for members.

The Executive Committee drew up a corona budget, which now serves as a reference basis (the budget for 2020, which was adopted in autumn 2019, is no longer realistic due to the crisis). In the corona budget, the reduction in collections is offset by using the funds normally released for our supplementary distributions to cover costs. For this purpose, an upper limit was set for the use of the released totals. It is therefore unlikely that there will be any supplementary distribution next year.

The task force clearly spoke out against an increase of the current maximum deduction of costs of 15% in the distributions to members. The Executive Committee is therefore urged to undertake all reasonable cost savings.

The task force and the Executive Committee are well aware that the economic consequences of the lockdown and especially the ban on events in spring 2020 may linger on for longer and that they are not yet immediately visible: It will therefore examine all realistic savings measures not only in the short but also in the medium term. In this context, it is also important to consider which services could then no longer be provided to members for cost reasons.

All the above items were approved by the Committee for Finance and Controlling and the Board of Directors.

The task force will continue to meet monthly with the Executive Committee to discuss further developments. It will report to the full Board of Directors at every opportunity so that the latter can take decisions quickly if the situation so requires.

The task force:

Xavier Dayer
Marco Neeser
Rainer Bischof
Roman Camenzind

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In view of the expected negative economic consequences of the lockdown on SUISA, initial cost-saving measures were taken and a corona budget was drawn up. (Photo: Yuttapon Busu / Shutterstock.com)

Several meetings were held for this purpose, and we would like to share with all SUISA members the main points arising from these ongoing discussions.

From forte to pianissimo in just a few beats

In 2019, SUISA recorded its best results in its 96-yrear history, with total revenues of CHF 171 million. Moreover, thanks to the excellent investment year in 2019, its investment performance also attained record heights. After deducting an average cost-coverage contribution of 13% from total royalty revenues of CHF 155.2 million, SUISA will be able to distribute CHF 135 million to rightholders in Switzerland and abroad. And yet, three months on, everything has changed. By Andreas Wegelin, CEO

Three months after SUISA’s gratifying 2019 financial statements, instruments in concert halls fell silent. (Photo: VTT Studio / Shutterstock.com)

No sooner had SUISA announced its best results in its 96-year history, than a general ban was imposed on all public events, and all venues were shut down in March 2020, triggering an unprecedented negative record: one after the other, concerts, shows and dance events were cancelled. Overnight, bookings were struck from musicians’ calendars. In concert venues, musical instruments fell silent.

This cannot fail to impact SUISA’s business. Owing to the coronavirus pandemic, we are currently assuming that SUISA’s total revenues – and therefore the amount available for distribution – will fall by up to 25% by the end of 2020. Nobody can tell for sure today, much will depend on how the epidemic develops here and abroad, but a hefty recession seems imminent. It will take time to get back to normalcy, and we expect recovery to be no more than hesitant next year too.

In this crisis, SUISA is determined to prove itself a reliable partner both for music creators and music users. Appropriate measures have been put in place to support musicians, and an accommodating approach has been adopted towards customer payments. Meanwhile, new online forms of music performance are becoming more important as a source of royalties. Streaming may be the technology of the hour, but it only brings authors and music publishers a fraction of the revenues generated by live concerts.

“In this crisis, SUISA is determined to prove itself a reliable partner both for music creators and music users.”

SUISA has remained and remains active during the corona crisis. We are the hub for inquiries from members and customers. Although there are fewer events, we intend to maintain and even expand our services through automation. Unfortunately, the Board and the Executive Committee will not be able to welcome members personally to the General Meeting in Bern this year. To have a say in SUISA’s affairs, members will have to send in their vote by post. We encourage you to make use of this opportunity.

In any event, the employees at our three offices in Zurich, Lugano and Lausanne remain at your disposal. When work is slow, staff will be able to attend training courses; moreover, we are working full speed to develop online self-service services to give you more time to focus on your strengths. Making music, innovating, promoting. Despite the corona crisis, I wish you a challenging and productive summer.

SUISA matters: SUISAinfo 3.20, digital only
This autumn, the News for SUISA members will be sent by e-mail in digital format only. To contain costs in this difficult year, the hardcopy printed version will not be produced. SUISA provides regular news updates via www.suisa.ch, www.suisablog.ch, and SUISA Music Stories on Instagram, Facebook and Youtube. (Manu Leuenberger)

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Nik Bärtsch: “In this, we are all really challenged as a community”

“In this, we are all really challenged as a community” – With the “Music for tomorrowˮ 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. This week we present the Swiss pianist, composer and music producer Nik Bärtsch and his piece “Modul 5ˮ. In the interview, Nik talks about his everyday life in lockdown with his family and what he has in common with an Australian emergency doctor. Read more

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Three months after SUISA’s gratifying 2019 financial statements, instruments in concert halls fell silent. (Photo: VTT Studio / Shutterstock.com)

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

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 financial year 2018: an outlook

In the Committee and Board meetings towards the end of the year, framework conditions for the following financial year are set. As such, the meetings of the SUISA Board in December 2017 continued to be characterised by budgets, cost rates, staffing plans, roadmaps, politics and quite a bit more. Report from the Board by Dora Zeller

During the meetings of the SUISA Board in December 2017, the focus was on the figures for the next financial year. (Photo: Kemal Taner / Shutterstock.com)

For the first time in the history of SUISA, the Board presented two budgets in the December meeting: that of the Cooperative Society SUISA and that of the group of companies. The group of companies includes – apart from the parent company – the subsidiary company SUISA Digital Licensing (headquartered in the Principality of Liechtenstein). Furthermore, the group of companies holds a 50% share in the Joint Venture Mint Digital Licensing AG (headquartered in Zurich).

The Board members were given access to the budgeted figures of the affiliated companies. The definitive decision on their business lies, however, with the committees in charge of each society. A new point is therefore added to SUISA’s competency rules in terms of rights and obligations of the Board.

SUISA budget 2018

Back to the numbers: A modest increase is expected for performing and broadcasting rights and a continuation of the downward trend among the reproduction rights. The compensation claims, however, might see a steep rise compared to the 2017 budget (thanks to higher collections from the blank media levy, internal networks in businesses and the rental of set top boxes). Part of the online collections will be allocated to the subsidiary company for accounting purposes. Collections from online use for music on Swiss websites, online advertising campaigns and video on demand services remain in the SUISA budget.

SUISA’s overall turnover budgeted for financial year 2018 amounts to CHF 151.9m. Collections from the use of copyright in Switzerland are budgeted to reach CHF 136.6m. On top of that, net revenues of CHF 11m are expected from abroad. Furthermore, secondary income of CHF 4.3m shall contribute to the overall results.

Expenditure is probably going to increase compared to the previous year, mainly because of the collections of CT 3a (background entertainment). From mid-July, additional staff positions are budgeted to take over this business. The Board has approved the budget for 2018 knowing that it is based on the rejection of the No-Billag-Initiative. Should the voting populace reject the fee for the reception of broadcasts, the changed situation would be met with adapted scenarios.

Regulations and statutory provisions

The auditors regularly supply the governing bodies of SUISA a questionnaire on potential unlawful actions. With this statutory provision, the level of awareness among governing bodies for unlawful acts shall be determined. By way of their answers, management and Board estimate the risk levels and comment on the control procedures. The results were approved and passed on to BDO.

Cost coverage deductions

The Board also decided that the deductions in the off-line sector correspond to those of the previous year. For the online sector it approved slightly changed rates for domestic and international application.

Changes at Board level

Due to the limitation of the period in office, two members of the Board will step down in June 2019. The knowledge acquired over many years in office by the Board members who are now stepping down needs to be replaced and SUISA needs to prepare for future challenges. As early as autumn 2017, a working group has begun with a situational analysis regarding the imminent Board retirements. The Board was informed about the results and the next steps of this analysis.

Copyright Act Review

In November, the Federal Council has passed the message regarding the Copyright Act review together with the legislative proposal on to Swiss parliament. The matter is initially going to be dealt with at National Council level by the Legal Affairs Committee (LAC), and subsequently in the States Council’s Science, Education and Culture Committee (SECC).

The Board was informed about the developments by G. Savary, member of the Board and the SECC. At the same time, he learned from the Executive Committee that the collective management organisations are satisfied with the draft by and large. It corresponds to the compromise developed by the AGUR12-II.

Need for action continues to exist in the sector concerning the online usage of music. In the EU there has been a discussion on the transfer of value on the internet for quite some time. It is high time that this discussion also takes place in Switzerland and that measures are implemented to stop the shift of the value creation away from authors towards internet technology companies.

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During the meetings of the SUISA Board in December 2017, the focus was on the figures for the next financial year. (Photo: Kemal Taner / Shutterstock.com)

To be continued: Our success story, spanning more than 90 years

The General Assembly of our Cooperative Society will take place on Friday, 23 June 2017, in Zurich. Members will have the opportunity during the General Assembly to co-determine the destiny of their cooperative society. Apart from the positive results of the annual accounts for 2016, SUISA is also going to report on the Joint Venture Mint Digital Services, co-founded with SESAC, plus on the developments regarding the copyright revision and the debate on the ‘service public’. By Andreas Wegelin, CEO

SUISA founded the Joint Venture Mint Digital Services together with US authors’ society SESAC. The project helps improve the competitiveness of SUISA in the online music market. Shown in the picture: Andreas Wegelin, SUISA CEO (on the left), and John Josephson, Chairman and CEO of SESAC Holding. (Photo: Hannah McKay)

SUISA can look back on a successful financial year 2016. Thanks to the positive year-end result, we are able to pay out more than CHF 128m to those who are entitled to receive a payment. That is more than ever before in the successful history of the Cooperative Society SUISA, spanning more than 90 years.

We are also doing well in terms of our costs. An average cost coverage deduction of 12.37% shows that we have the costs under control. If you take the reoccurring supplementary distribution of 7% into consideration as a contribution to the costs, the actual percentage amounts to 6.75% of the pay-outs to those entitled to receive a payment.

SUISA improves its competitiveness in the online market

Members will have the opportunity during the General Assembly to co-determine the destiny of their cooperative society. Apart from the positive annual accounts, we are also going to present the newly founded project for the improvement of SUISA’s international competitiveness in the online music market.

Together with the US authors’ society SESAC, we have founded Mint Digital Services as a Joint Venture back in February 2017. The JV enterprise offers services in relation to the administration and processing of online music licences. With this JV, we emphasise our strategic direction, i.e. to offer rightsholders an efficient and cost-effective administration.

Wanted: Active participation of our cooperative members

There will also be news on the legal framework conditions. AGUR12 II has passed a compromise for the attention of the Head of the Ministry in the EJPD (Federal Department of Justice and Police, FDJP); we are now waiting for it to be substantiated in a legislative draft.

Please do take part in our General Assembly. Only your active participation ensures that SUISA will be there for its members as a Cooperative Society in future.

See you on 23 June 2017 in the Kaufleuten Zurich.

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SUISA can look...read more

Commentary on SUISA’s annual results for 2016

SUISA can report a very successful financial year 2016. The result reflects an all-time high regarding the income from domestic copyright exploitation. In the Cooperative Society’s history of more than 90 years, this is a record sum in terms of remuneration that is due for distribution. The average cost coverage deduction remains low – about CHF 88 per CHF 100 of the income collected can be paid out to authors and publishers that are entitled to receive such remuneration. Text by Andreas Wegelin

SUISA is going to pay authors and publishers remuneration totalling CHF 128.9m for financial year 2016. That is the highest ever distributable amount in the Cooperative Society’s history which spans more than 90 years. (Photo: Manu Leuenberger)

The best business yield achieved by SUISA previously, in 2008, has thus been topped by the results of 2016. The income from the usage of copyright in musical works in Switzerland and the Principality of Liechtenstein have never reached such high levels before. As a consequence, more than CHF 128m can be paid out to domestic and international authors and publishers entitled to receive such remuneration. That is the highest amount in our Cooperative Society’s history which spans more than 90 years.

Several reasons contributed to this record result. Broadcast and retransmission rights’ collections, in particular, (Tariff CT S, broadcasters except SRG, CT Y, pay TV, and CT 1 & 2), and the time-shift usage of broadcasts (Tariff CT 12, rental of set-top-boxes) could be increased. The licensing of music performing rights, in particular for concerts (Tariff CT K) and film screenings(Tariff CT E, cinemas) also saw a sustained increase.

Regarding the licences for the distribution of music recordings, the trend continues to move away from physical sound recordings towards online exploitation. Regarding online music exploitation, downloads are increasingly replaced by streaming. Remuneration for private copying, regarding Tariff CT 4, has also grown. The latter can be attributed to the expansion of the storage capacity of devices (smartphones, tablets).

Cost coverage deductions remain low

While the costs for rights management have slightly increased, the proportion of this increase compared to the income remains low. The result is that the applicable cost deductions for settlements to rightsholders entitled to receive a payment are a very reasonable 12.37%. About CHF 88 per CHF 100 will therefore be paid out by SUISA to authors and publishers.

Furthermore, there will be a supplementary distribution on top of all regular settlements, at a level of currently 7%. This consists of monies for which the parties entitled to receive a payment could not be traced. After a period of 5 years, such income will be paid out by SUISA as a supplementary distribution on top of all settlements.

Successful negotiations – still a lot of work to do for SUISA

Such positive annual results are a proof of successful negotiations for tariffs and terms and conditions of use, and of reliable customers and business partners. It also shows that music exploitation is on the rise and SUISA can negotiate and enforce licences for music in relation to new technologies accordingly.

Particularly with regards to internet usage, there is still a lot of work to do. SUISA is increasingly managing online rights for cross-border usage directly. This sector is expected to turn into an important pillar of our work for our members.

Further information:
«SUISA 2016 results: CHF 128.9 million for authors and publishers», Press release, 30 May 2017

SUISA’s annual report 2016 is available as pdf for download. For the third year running, the annual report is published together with the brochure “Where the music is new”. It contains portraits of five SUISA members from different music genres. SUISA focusses on musical diversity. A collective management organisation is putting itself at the service of its members and thus promotes and supports music creatives such as the five personalities portrayed in the brochure. The brochure “Where the music is new” can also be downloaded as a pdf. It is also possible to order printed versions of the brochure and the annual report.

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The best business yield achieved by SUISA previously, in 2008, has thus been...read more