Tag Archives: Discussion

Music and culture are part of your daily needs – it’s not enough to just open the food shops!

A year ago, on 28 February 2020, the first restrictions for cultural events were adopted. Initially events were limited to 1,000 people, then the first lockdown occurred in mid-March. Thanks to precautionary measures, small rule relaxations were granted in the summer, but they were gradually reversed in autumn. Since mid-January 2021, we have been stuck in the second lockdown: without music events, without access to real – non-virtual – cultural experiences. By Andreas Wegelin, CEO

Music and culture are part of your daily needs – it’s not enough to just open the food shops!

Andreas Wegelin, SUISA CEO, considers the arts and culture as an essential staple for the cohesion of a society. (Photo: Beat Felber)

In order to stop or at least slow down the spread of the virus, the authorities initiated drastic measures. In principle, service ranges outside your daily needs can only be accessed with difficulty, or they are no longer permitted altogether.

But what is that actually, “daily needs”? Who defines them?

The daily needs of people also include things that they can enjoy intellectually! Attending a concert, going to the cinema or visiting an exhibition: Why have museums been closed, when, in fact, exhibitions rarely have to fend off crowds of visitors, except maybe in the case of blockbuster special exhibitions? Why do cabarets and small stages have to keep their doors shut? They could provide Swiss artists with the opportunity to perform and, at the same time, delight a small but certainly grateful audience.

A concert streamed on the internet is no replacement for live events. There is no interaction, no joint experience of an artistic performance which leads to a cross-fertilisation of both sides, performers and audience, that actually makes a concert the memorable occasion it should be.

Meanwhile, concerts with no audiences are organised such as the “ghost festival”: A festival with about 300 bands, with nearly 1,300 music creators including technicians, engineers, bookers, managers and other parties contributing, which actually does not take place simply because nobody can go there. SUISA does support such a “non-festival” with sponsoring but also via ticket sales by its staff.

Cultural and creative industries are relevant

Many event organisers and promoters had worked out reliable precautionary and protective measures in the summer months of 2020 and implemented them with additional costs that were not always insignificant. Now, they are virtually facing an occupational ban. Practically nothing has been permitted any more for a total period of more than six months . The corona bans and prohibitions led to huge financial losses. The Confederation and the cantons may have adopted support programmes, but they have not been well adapted to the situation of the many freelance artists and the event organisers or promoters who are sole traders.

Where does the low regard for the cultural sector stem from?

There is obviously no cultural awareness among the decision makers in politics and administration. Despite a new study of Ernst & Young (EY) showing that the cultural sector is in fourth place regarding the number of employees in Europe: www.rebuilding-europe.eu

We therefore call upon persons with political and administrative control and institutions alike: Culture is vital! It is an essential staple for the cohesion of a society. Allow it to flourish, even in times of a lockdown! It delights people, gives them a perspective beyond the pandemic and particularly gives the artists a livelihood.

Create more differentiated rules: Small events and events with a reduced audience size must be possible, just like open museums, cultural venues, where interested people and artists can meet and experience something together, naturally in compliance with the health regulations. Such places are just as important for society and everyday life as shops where you can buy your everyday provisions. Scientific research has proven that no increased danger exists at cultural events with good precautionary measures with regards to a further spread of the corona virus: more information on this can be read in the study on aerosoles of the Fraunhofer Institute at the Konzerthaus Dortmund (Dortmund Concert Hall) and the closing report of the trial operations of the Bayerische Staatsoper (Bavarian State Opera) with increased audience numbers.

Anchoring cultural awareness more firmly

The corona crisis has revealed something else with respect to culture: Only after events were prohibited and thus disappeared, many have become aware how important culture and entertainment is for us humans and how uplifting cultural exchange between artistic creators and the audience is for both sides.

This cultural awareness should become anchored among the Swiss population more firmly. Starting with education: Young people should be led to the arts through education and through enabling access to cultural achievements. While a few things have been accomplished via the Initiative Jugend & Musik (Youth & Music) there is still a lot to be done, in particular in the other creative genres than just music.

Society’s interest in music, the visual arts, film, literature, dance and performance arts is expanded by stimulating personal creation and promoting the facilitation of current artistic production and artistic heritage. The more people come into contact with artistic forms of expression, the more the need for art and culture will grow. Which ultimately leads to society demanding in a more sustainable manner that this need is satisfied and the necessary conditions for that are created and provided.

A joint strong voice for culture is necessary

In order to increase and more firmly anchor the need for art and culture, the cultural institutions of this country must get together and jointly and more vehemently demand and promote the dissemination of cultural creation.

The “Taskforce Culture” is a joint strong voice which has been heard for the first time during the pandemic. Over the last few months, this task force has, as a discussion partner for politicians and officials, already managed rather well to gather and bundle the forces from the most diverse cultural genres, from artist associations to event organisers and cultural mediators and to stand up for culturally specific concerns. The message has, after all, not hit home with everyone that artistic creation has different requirements to working in many production or service sectors.

A fusion of cultural institutions and associations which, similarly to the large trade associations and workers’ organisations, can take on an important role as a contact for societal and political developments in Switzerland. Such a strong, joint voice for culture is going to get additional relevance in the coming months and years. The public sector will have to make extremely drastic spending cuts because the national economy has suffered and continues to suffer from immense damage due to the fight against the pandemic by way of prohibitions and bans. Future tax collections will decrease while the national debt will increase due to the support measures.

How quickly the savings lever has been applied to culture and education sectors first during financially difficult situations is something we have witnessed already. Together, cultural associations and institutions can raise their voice and see to it that, in the mid- to long-term, the societal and political significance of art and culture is strengthened and respected. For artistic forms of expression and the access to them must of course be recognised as a basic need of people. You cannot and you must not lock them away.

Related articles
Nik Bärtsch“In this, we are all really challenged as a community” With the “Music for tomorrow? project, SUISA aims to support its members in these difficult times. We offer artists a platform where they can talk about their current situation while in lockdown and present one of their works. This week we present the Swiss pianist, composer and music producer Nik Bärtsch and his piece “Modul 5?. 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
Legal consequences of concert cancellations for Covid-19Legal 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
Support for SUISA members during the corona crisisSupport 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
Collapse article
  1. Markus Hefti says:

    Unverhältnismässige und existenzbedrohende Beschlüsse „ unserer „
    Politiker schüren das Unverständnis in der Bevölkerung. Aber da sie nie für ihre Fehler
    zur Rechenschaft gezogen werden ist es ihnen scheinbar Egal ☹️

    • Danke für Ihren Kommentar. Dass es Massnahmen gegen die Covid-19-Pandemie braucht, stellen wir nicht in Frage. Es braucht allerdings differenziertere Massnahmen, die gewisse Wirtschaftszweige gegenüber anderen nicht benachteiligen.
      Andreas Wegelin, SUISA CEO

      • Ndiaye says:

        Une contribution de haute facture . La culture inspire de belles ouvertures au monde .
        Alassane ndiaye membre Suisa Sénégal

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.

A year ago, on 28 February 2020, the first restrictions for cultural events were adopted. Initially events were limited to 1,000 people, then the first lockdown occurred in mid-March. Thanks to precautionary measures, small rule relaxations were granted in the summer, but they were gradually reversed in autumn. Since mid-January 2021, we have been stuck in the second lockdown: without music events, without access to real – non-virtual – cultural experiences. By Andreas Wegelin, CEO

Music and culture are part of your daily needs – it’s not enough to just open the food shops!

Andreas Wegelin, SUISA CEO, considers the arts and culture as an essential staple for the cohesion of a society. (Photo: Beat Felber)

In order to stop or at least slow down the spread of the virus, the authorities initiated drastic measures. In principle, service ranges outside your daily needs can only be accessed with difficulty, or they are...read more

Night of Light: SUISA is committed to the event and culture industries

On Monday, 22 June 2020, from 10 pm to midnight, buildings throughout Switzerland were bathed in red light. The occasion was the “Night of Light”. The aim of this action was to draw the attention of the general public to the fact that many organisers and cultural operators are in a precarious situation due to the Corona crisis. SUISA also took part in this campaign and had its headquarters in Zurich illuminated in red. Text by Giorgio Tebaldi; Video by Nina Müller

On Monday evening, more than 900 buildings throughout Switzerland were lit up red. From 10 p.m. to midnight, companies and organisations joined forces in the “Night of Light” campaign to set an example for the event and culture industry, which has been particularly hard hit by the corona crisis.

As a cooperative society of composers, lyricists and music publishers, SUISA also took part in the “Night of Light” and bathed its headquarters in Zurich Wollishofen in red light for two hours. Pictures of this campaign can be seen in the video. SUISA is thus committed to serving the interests of its members, the authors and publishers of music in Switzerland and Liechtenstein, as well as its clients in the event and cultural industries.

The aim of the campaign was to make the public and politicians aware of the precarious situation of the event and culture industries caused by the corona crisis. The coordinators, associations from the event and culture industries, want to discuss with political leaders in the context of a sector dialogue how the multi-billion-dollar, heterogeneous event and culture industry can be saved from a massive wave of insolvencies and how thousands of jobs throughout Switzerland can be preserved.

“The events industry was the first sector of the economy to be hit by the Covid 19 crisis and it is very likely that it will also be affected the longest and most profoundly by its effects,” write the organisers of the Swiss “Night of Light”. From 16 March 2020 onwards, the working basis of an entire commercial sector has been made massively more difficult, and concerts, festivals, theatre performances, business events were until recently completely impossible, and even now are only possible with difficulty.

Even though the Federal Council announced further relaxation measures on 19 June 2020 and now allows events for up to 1,000 people, subject to compliance with appropriate safety and hygiene concepts, the situation in the event and culture industries remains extremely difficult. Firstly, events such as tours often require a planning period of several months and therefore cannot be repeated from one day to the next. Secondly, many events can hardly be carried out economically even with the new relaxation measures, as the organisers still have to comply with strict regulations.

In addition, the entitlement to short-time work for persons in a similar position to employers expired at the end of May and the conditions for support payments were tightened. This particularly affects SMEs and freelancers from the event industry and the circle of cultural workers, as these professional areas are largely made up of small owner-managed companies and self-employed persons. The event industry and creators and artists are therefore urgently dependent on the support being continued until normal operations are possible again.

SUISA supports the demands of cultural associations to continue their support measures for organisers and creators and artist. Otherwise there is a risk that many of these self-employed people, small and micro-enterprises will have to file for bankruptcy and disappear from the Swiss cultural landscape. Ultimately, thousands of jobs are at stake in an industry with an annual turnover of 70 billion Swiss francs.

Related articles
Support for SUISA members during the corona crisisSupport 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
From forte to pianissimo in just a few beatsFrom 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. Read more
If bands and event promoters organise a concert togetherIf bands and event promoters organise a concert together The event organiser of a concert has to pay the copyright licence fee. How does it affect the legal situation, if musicians and organisers jointly run the performance by way of a cooperation? The concert organiser is responsible for paying the copyright licence fee in the case of artist engagement agreements. It occurs that events are organised by the bands themselves or in cooperation with third parties. In such cases, the type of cooperation between the band and the organiser determines who has to pay the copyright licence fee. Read more
Collapse article

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.

On Monday, 22 June 2020, from 10 pm to midnight, buildings throughout Switzerland were bathed in red light. The occasion was the “Night of Light”. The aim of this action was to draw the attention of the general public to the fact that many organisers and cultural operators are in a precarious situation due to the Corona crisis. SUISA also took part in this campaign and had its headquarters in Zurich illuminated in red. Text by Giorgio Tebaldi; Video by Nina Müller

On Monday evening, more than 900 buildings throughout Switzerland were lit up red. From 10 p.m. to midnight, companies and organisations joined forces in the “Night of Light” campaign to set an example for the event and culture industry, which has been particularly hard hit by the corona crisis.

As a...read more

How do you write a streaming success?

Tips and reflections on modern song structures by successful songwriters as well as other music industry representatives at the SUISA panel “How streaming is changing songwriting” in the course of the M4music festival on Saturday, 21 March 2020, at Moods. Text by Erika Weibel

M4music 2019 SUISA Panel Hit the World

KT Gorique, Laurell Barker and Shelly Peiken (f.l.t.r.) talking about songwriting at the SUISA panel “Hit the world / this is how international hit composers work” at the 2019 M4music festival. (Photo: Ennio Leanza / M4music)

Even the most creative songwriters go unnoticed if they are not able to get their music heard. In a highly competitive and oversaturated sector, songwriters need attract attention. They must stand out from countless other professional authors. Especially in the pop/urban genre, you must win over an audience whose listening behaviour is strongly influenced by music consumption via streaming services.

On the occasion of the SUISA panel at the 2020 M4music festival, successful songwriters are going to discuss with people from the music business what a song needs to sound like in order to satisfy the taste of the increasing streaming audience or to even win it over.

The SUISA panel “How streaming is changing songwriting” takes place on:
Saturday, 21 March 2020, between 1.45pm and 3.00pm in the Moods, Schiffbau in Zurich.

The big challenges of the new era

Spotify founder, Daniel Ek, said in April 2019 that nearly 40,000 tracks per day were uploaded to the Spotify platform. A projection of these figures would result in 280,000 songs per week, 1.2 million tracks per month and a whopping 14.6 million per year. To stand out from the masses is a huge challenge.

A potential springboard for songwriters could be to be included in a curated playlist. Songs in a curated playlist are grouped in order to appeal to a specific audience – this means more listeners, more “shares” and more income for the rights holders. It also entails a better chance that a song stands out to a “music supervisor”, i.e. People who look in those playlists for songs to be used in current TV and film productions. It is, however, only a small part of the published songs that manage to make it to the playlist.

Another new challenge brought about by streaming is also that music creators only get their royalties if their song has been streamed for 30 seconds. The listeners must, after all, not ‘bail out’ from listening too early, otherwise there’s no money. On top of that, the rule for radio or TV is: the longer the song the higher the income. In the case of streaming this is different: You get paid per stream.

How much do these new game rules affect composers? Will there only be short songs without intros that build them up and instead, catchy hook lines from the first beat? What role do song lyrics play today? How does a song need to sound in order to be included in a playlist?

Come to the SUISA panel and join our discussion!

SUISA- Panels at the 2020 M4music festival
“How streaming is changing songwriting”
Saturday, 21 March 2020, from 1.45pm to 3.00pm
in the Moods, Schiffbau in Zurich

Speaker:

  • Janine Cathrein, Singer Songwriter, Zurich
    Singer songwriter Janine Cathrein is a part of Black Sea Dahu. After publication of their successful debut album “white creators”, the band has been touring without interruption, they performed at 120 concerts in 2019 alone.
  • Julie Born, Managing Director Sony Music Entertainment Switzerland GmbH, Zurich
    Julie Born has been active in the Swiss music business for more than 30 years. In her position as Managing Director of Sony Music Switzerland, she and her team are responsible for establishing and building up artists in a variety of music fields.
  • Henrik Amschler, Producer Songwriter, Zurich
    Born in Zurich in 1989, he is known as HSA. He is a well-known Urban/Pop music producer and songwriter. He has contributed to various gold and platin productions and won prestigious awards (such as the Swiss Music Award as a songwriter) He produces Loco Escrito and Mimiks, among others.
  • Loris Cimino, producer and songwriter, Reinach AG
    The 22-year-old producer can already count more than 2.5 million streams in 2019, and that just on Spotify. He produces music of renowned artists and enjoys international success as a DJ with official remixes for artists such as David Guetta and Meghan Trainor. He is also co-writer of the official trailer for the current “America’s got talent” show.

Moderator: Nina Havel

www.m4music.ch

Related articles
“079”: A tragicomic hit story | plus video“079”: A tragicomic hit story | plus video Lo & Leduc and their co-composer Maurice “Dr Mo” Könz have made history with “079”: Last year, the song stayed an entire 21 weeks at the top of the national charts – and thus broke a Swiss record. “079” is one of the three nominated songs for the “Best Hit award at the “Swiss Music Awards” 2019. Musician and lecturer for musicology, Hans Feigenwinter, analysed the hit composition. Read more
Label Suisse: a showcase for Swiss music in all its diversityLabel Suisse: a showcase for Swiss music in all its diversity The eighth edition of the Label Suisse Festival was held in Lausanne from 14 to 16 September. The biennial festival, dedicated to Swiss musicians and creators, offers the public a broad panorama of Switzerland’s current music landscape. Read more
The first year of SUISA Digital Licensing AGThe first year of SUISA Digital Licensing AG A little more than one and a half years ago, SUISA founded its subsidiary company, SUISA Digital Licensing AG. The subsidiary company has now completed its first business year. A year which was under the auspices of development and brought about a multitude of new findings. It is time for retrospection and a first interim summary. Read more
Collapse article

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.

Tips and reflections on modern song structures by successful songwriters as well as other music industry representatives at the SUISA panel “How streaming is changing songwriting” in the course of the M4music festival on Saturday, 21 March 2020, at Moods. Text by Erika Weibel

M4music 2019 SUISA Panel Hit the World

KT Gorique, Laurell Barker and Shelly Peiken (f.l.t.r.) talking about songwriting at the SUISA panel “Hit the world / this is how international hit composers work” at the 2019 M4music festival. (Photo: Ennio Leanza / M4music)

Even the most creative songwriters go unnoticed if they are not able to get their music heard. In a highly competitive and oversaturated sector, songwriters need attract attention. They must stand out from countless other professional authors. Especially in the pop/urban genre, you must win over an audience whose listening behaviour is strongly...read more

Switzerland finally has a new copyright law!

On 27 September 2019, both the National Council and the Council of States at last held a final vote approving the partial revision of the Swiss Federal Copyright Act, ending a process initiated in 2010 with a postulate by Géraldine Savary. It is now for the Federal Council to determine when the modernised Copyright Act will come into force – unless a referendum is successful. By Vincent Salvadé, Deputy CEO

Switzerland finally has a new copyright law!

On 16 September 2019, the National Council finally agreed to remove from the bill the disputed exception for the reception of radio and TV broadcasts in hotel rooms. This cleared the way for the two Houses to approve the revision on 27 September 2019. (Photo: Parliament Services, 3003 Bern)

At long last! The revised Copyright Act has been signed, sealed and delivered. The last differences between the National Council and the Council of States were eliminated on 16 September 2019 and the bill was adopted in a final vote at the end of the autumn parliamentary session. A long process has thus come to an end, with a satisfactory outcome for music authors and publishers.

A compromise and intense debates

A short look back: in 2012, Federal Councilor Simonetta Sommaruga created the working group AGUR12 which was instructed to prepare proposals for the revision of the Federal Copyright Act. Representing all stakeholders (authors, users of works, consumers, etc.), AGUR12 made a series of proposals, embodied in a compromise solution at the end of 2013. Unfortunately, the bill submitted by the Federal Council in 2015 deviated from this compromise solution.

In the face of the heavy criticism expressed during the consultation procedure, the Federal Council reversed its position and submitted a new bill to Parliament at the end of 2017, this time based entirely on the AGUR12 compromise. After intense debate, both Houses finally decided to espouse the compromise, even if that meant deferring consideration of a number of new issues (such as the protection of press publishers and journalists).

SUISA actively involved in the revision

SUISA accompanied the legislative process throughout the entire seven years. Firstly, by participating actively in the work of AGUR12 as part of the Suisseculture delegation. And then, by informing Members of Parliament during committee hearings, and through letters, position papers and argumentation.

With what outcome? Overall, copyright protection has been increased and modernised thanks to new anti-piracy measures and improvements in rights management in particular. No doubt one could have gone further on certain points. But a compromise is a compromise …

Finish one revision, start the next

It would be wrong to lower our guard. The “Pirate Party” has now launched a referendum against the revised Copyright Act. Moreover, the last question debated in Parliament was whether hotels which offer their guests the means to watch television, play films and listen to music in their rooms should be exempted from their obligations towards authors. The National Council eventually shelved this idea, but the debate shows that creators’ vested rights are regularly subject to attack. We must ensure we avoid … a re-revision of the revision of the law to the detriment of authors and publishers! Everything is an eternal recurrence …

Related articles
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
Adapting federal copyright law to digital usageAdapting 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? Read more
SUISA makes music possibleSUISA makes music possible A new mission statement, a new organisation chart! Fairness, dedication and passion – these three concepts make up SUISA’s new mission statement. “SUISA makes music possible” is at the centre of the new mission statement. The same principle has been applied to SUISA’s new organisation chart. Read more
Collapse article

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.

On 27 September 2019, both the National Council and the Council of States at last held a final vote approving the partial revision of the Swiss Federal Copyright Act, ending a process initiated in 2010 with a postulate by Géraldine Savary. It is now for the Federal Council to determine when the modernised Copyright Act will come into force – unless a referendum is successful. By Vincent Salvadé, Deputy CEO

Switzerland finally has a new copyright law!

On 16 September 2019, the National Council finally agreed to remove from the bill the disputed exception for the reception of radio and TV broadcasts in hotel rooms. This cleared the way for the two Houses to approve the revision on 27 September 2019. (Photo: Parliament Services, 3003 Bern)

At long last! The revised Copyright Act has been signed, sealed and delivered. The...read more

Creating music in the era of contamination

A discussion on the deceptively simple theme of ‘contamination in music’ provided much food for thought, reaffirming the desire to talk about music and ideas, to try to understand one another better and more profoundly. Text by guest author Zeno Gabaglio

Jazz in Bess: Creating music in the era of contamination

Round table discussion on the theme of ‘Creating Music in the Era of Contamination’: (from left to right) Zeno Gabaglio, Nadir Vassena, Maurizio Chiaruttini (moderator), Gabriele Pezzoli and Carlo Piccardi. (Photo: Giorgio Tebaldi)

Writing a report on an event you’ve taken part in comes with one major problem: the conflict of interest. This most partial of creatures precludes any reasonable expectation of objectivity, so readers are warned that every aspect of the account from this point will be marked by the utmost subjectivity.

But let’s rewind: on 7 June 2019, a round table discussion on the theme of ‘Creating Music in the Era of Contamination’ took place in the convivial surroundings of Jazz in Bess in Lugano (the closest thing Ticino has to a Jazz club – but this magical venue deserves an article all of its own…). Four diverse exponents of Ticino’s music scene were invited to take part: Nadir Vassena (a composer, teacher and stalwart of the cultural scene for decades, and someone who has enjoyed considerable success across Europe), Gabriele Pezzoli (a jazz composer and pianist who has pursued a distinctly personal and varied creative path), Carlo Piccardi (a musicologist, director of Rete Due for many years, and one of the most devoted connoisseurs and defenders of Ticino’s musical heritage) and the writer Zeno Gabaglio.

It was an eclectic group – like the proverbial box of chocolates – and their mixed backgrounds alone suggested a range of ideas on music. This wealth of opinions emerged rapidly thanks to the moderation – and encouragement – of Maurizio Chiaruttini, a journalist and former producer at RSI.

Search for an own musical identity

‘Contamination seems to have become almost an imperative in every field of artistic expression: contamination between different genres, contamination between languages – cultural and popular, academic and commercial, acoustic and technological – contamination between cultural idioms of disparate origins. In a context such as this, what does it mean to search for your own musical identity, your own style, your own authentic means of expression?’

This was our starting point and, going against every dramatic rule there is, I can tell you right now that there was no arrival point – or at least, there wasn’t just one. Opinions diverged even on the meaning of the term ‘contamination’: some underlined the essentially negative connotations of the word (which, Vassena reminded us, shares the same root as ‘contagion’), while others agreed its distinctness from concepts such as ‘purity’ and ‘identity’. ‘Contaminated’ musicians, of course, cannot be pure; they inevitably lose a small part of their identity to take on something new.

Keeping the focus on terminology, Gabriele Pezzoli suggested a synonym – ‘hybridisation’ – which is less negatively connoted and more open to the variety of stimuli the modern world offers up, and with which Pezzoli identifies.

Masterpieces are often the result of a process

Carlo Piccardi then started off by reminding us that contamination is a broad historical phenomenon that dates back well before the present day. Major historical works – undisputed masterpieces that are universally recognised as uniform creations – were often the result of a process. But the processes required to create a work are hardly ever reported, and even more rarely remembered. It is in precisely these processes that, during the last two thousand years of European music, contamination has played a decisive role.

As mentioned earlier, we didn’t reach any one conclusion, but this discussion on the apparently simple and narrow theme of “contamination in music” led us to secondary themes and observations that – in an era when you might expect the opposite to be true – reaffirmed our desire to talk about music, to discuss ideas as well as sounds, and to try to understand one another better and more profoundly.

www.jazzinbess.ch

Guest author Zeno Gabaglio is a musician/composer and a SUISA Board member.

Related articles
Bertrand Denzler: Sound space surveyor and ambient sound explorerSound space surveyor and ambient sound explorer Saxophonist Bertrand Denzler is always working on new opportunities to express himself in the delicate balance that lies between improvisation and composition. The 55-year-old musician from Geneva, who is now resident in Paris, now intends to extend the frontiers of his artistic dialogue with others even further using “roaming residencies”. FONDATION SUISA is supporting this project financially with Get Going! funding. Read more
Marco Zappa: 50 anni di musicaMarco Zappa: 50 anni di musica A story of 50 years’ success: The only sustained career in Switzerland in relation to the “canzone italiana” – in all its dimensions. An undisputed, and undoubtedly significant fact about the singer songwriter Marco Zappa from Bellinzona, who has become the focal point of music culture in the Ticino again at the beginning of the year. This comes with the release of his new album “PuntEBarrier” which contains 18 unpublished songs, and a tour across Switzerland starting on 14 March 2017 in the Teatro Sociale Bellinzona. Read more
“SUISA Day” at the Murten Classics Festival proves a resounding success“SUISA Day” at the Murten Classics Festival proves a resounding success The programme of the Murten Classics Festival included a full day of contemporary music on 25 August 2018 as part of the concert series “Offen für Neues”. The concert day, supported by SUISA and recorded by Radio SRF 2 Kultur, met with a positive response all round. Read more
Collapse article

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.

A discussion on the deceptively simple theme of ‘contamination in music’ provided much food for thought, reaffirming the desire to talk about music and ideas, to try to understand one another better and more profoundly. Text by guest author Zeno Gabaglio

Jazz in Bess: Creating music in the era of contamination

Round table discussion on the theme of ‘Creating Music in the Era of Contamination’: (from left to right) Zeno Gabaglio, Nadir Vassena, Maurizio Chiaruttini (moderator), Gabriele Pezzoli and Carlo Piccardi. (Photo: Giorgio Tebaldi)

Writing a report on an event you’ve taken part in comes with one major problem: the conflict of interest. This most partial of creatures precludes any reasonable expectation of objectivity, so readers are warned that every aspect of the account from this point will be marked by the utmost subjectivity.

But let’s rewind: on 7 June 2019, a round table...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.

Related articles
Copyright law revision: compromise is the key to success – no exceptions for hotel roomsCopyright 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. Read more
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
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
Collapse article

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.

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

A career as a producer of electronic music?

In cooperation with SUISA and the association “Cultures électroniques”, the Electron Festival, music festival for electronic music in Geneva, is going to organise a discussion panel on Saturday, 04 May 2019. It is the objective of the panel to show composers which means and ways they have available in order to support them for their professional career. Text by Erika Weibel

Electron Festival: A career as a producer of electronic music?

Electron Festival: SUISA panel with networking event on Saturday, 04 May 2019, in Geneva: “A career as a producer of electronic music? A real challenge!” ((Photo: Electron Festival)

The path to success is often strewn with stones for composers and requires a lot of resilience. Numerous successful Swiss producers of electronic music have also had this experience.

In the course of the 2019 Electron Festival, the music festival for electronic music in Geneva, various music producers are going to talk about their careers at a public SUISA panel. During their discussions with those in charge of funding institutions as well as with experts from the music industry, they are going to screen specific support options and jointly analyse the current situation of electronic music in Switzerland. The main objective of the discussion panel is to inform composers on the existing support infrastructure and to follow up on the question whether the existing structures are sufficient.

The audience is cordially invited to contribute its own experiences to the discussion. Once the panel has ended, there is an informal drinks reception offering the audience the opportunity to continue the conversation with those in charge of funding institutions and the artists.

The SUISA panel at the Electron Festival 2019

“A career as a producer of electronic music? A real challenge!”
takes place with a drinks reception afterwards:
on Saturday, 04 May 2019, 4.00pm, at Crea, Rue Eugene Marziano 25, in Geneva

Panellists:
Dominique Berlie, Cultural Counsel, Service culturel (SEC) of the city of Geneva
Marius Käser, Pop music, Pro Helvetia
Albane Schlechten, Director FCMA, Antenne Romande Swiss Music Export
Manuela Jutzi, Co-Managing Director, Helvetia Rockt

Participating music creators:
Deetron
Garance
Ripperton
Opuswerk
Ramin & Reda
Honorée & Kaylee

Presentation: Anne Flament (RTS-Couleur3)

The Electron Festival shall take place between 25 April and 05 May 2019 in Geneva. Further information on the Festival can be accessed here: www.electronfestival.ch

Related articles
Label Suisse: a showcase for Swiss music in all its diversityLabel Suisse: a showcase for Swiss music in all its diversity The eighth edition of the Label Suisse Festival was held in Lausanne from 14 to 16 September. The biennial festival, dedicated to Swiss musicians and creators, offers the public a broad panorama of Switzerland’s current music landscape. Read more
“Get Going” contributions and “Carte Blanche” awarded for the first time“Get Going” contributions and “Carte Blanche” awarded for the first time As part of its new funding policy, FONDATION SUISA made four “Get Going!” and one “Carte Blanche” grants for the first time. A “Get Going!” start-up funding of CHF 25,000 each is allocated to Beat Gysin, Bertrand Denzler, Michael Künstle and the Duo Eclecta. The “Carte Blanche” amounting to CHF 80,000 is bestowed to Cécile Marti. Read more
The beats from others – but your own songsThe beats from others – but your own songs The melody is a catchy tune but the groove just doesn’t match. For days, you haven’t got rhythm while some ingenious lyrics are on the tip of your tongue. There are many reasons why creators use someone else’s raw material for their own songs. The following legal and practical tips on how to deal with bought-out beats help you keep in sync with formalities. Read more
Collapse article

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.

In cooperation with SUISA and the association “Cultures électroniques”, the Electron Festival, music festival for electronic music in Geneva, is going to organise a discussion panel on Saturday, 04 May 2019. It is the objective of the panel to show composers which means and ways they have available in order to support them for their professional career. Text by Erika Weibel

Electron Festival: A career as a producer of electronic music?

Electron Festival: SUISA panel with networking event on Saturday, 04 May 2019, in Geneva: “A career as a producer of electronic music? A real challenge!” ((Photo: Electron Festival)

The path to success is often strewn with stones for composers and requires a lot of resilience. Numerous successful Swiss producers of electronic music have also had this experience.

In the course of the 2019 Electron Festival, the music festival for electronic music in Geneva,...read more

M4music: Hit the World – this is how international female hit composers did it

Have you ever wondered how hits are created? How a song comes into existence which lets the feet across generations tap to the rhythm? SUISA has been researching these questions and is organising a panel on this topic at the M4music 2019. Text by Erika Weibel

M4music: Hit the World – this is how international female hit composers did it

At the M4music Festival 2019, KT Gorique and Valeska Steiner (top, from left to right) exchange their views on songwriting with Laurell Barker and Shelly Peiken (below, from left to right). (Photos: Jeremie Carron, Christoph Köstlin, Phantasm, Aerin Moreno)

There are female and male songwriters who create their songs entirely by themselves, others, however, write as a team. Sometimes they write for themselves, sometimes they write for performers fromr completely different music genres. How do they go about it? Do female and male composers have a feeling whether something becomes a hit? Can you live off songwriting?

SUISA panel Hit the World – four female songwriters tell their stories

On Friday, 15 March 2019, SUISA is going to organise a round of female experts which is going to discuss exactly those issues at the M4music Festival. For this purpose, SUISA invited four female songwriters who have already celebrated international and national successes in the pop and urban sector.

One participant is writing hits, among others, for Miley Cyrus, Céline Dion, Selena Gomez, Meredith Brooks or Christina Aguilera. The second has contributed to several hundred songs and travels across continents from one songwriting session to the next. The third is a successful Swiss singer songwriter who has a large and loyal fan community. The fourth in the round is currently writing Swiss hip hop history: In 2012, the then 21-year-old won the first freestyle rap world championship in New York. She writes lyrics as well as the beats herself and has been touring successfully in Europe and overseas for several years.

The four songwriters Valeska Steiner, KT Gorique, Laurell Barker and Shelly Peiken are going to answer questions regarding the writing process of successful songs and exchange their experience what their approach to composing their songs is. What matters in their opinion. How they master the challenges that automatically come with the territory.

SUISA-Panel at the M4music: Hit the World – four female songwriters tell their stories
Friday, 15 March 2019, 15:00 – 16:15, Matchbox

Speakers:
Valeska Steiner, musician, BOY, Zurich
KT Gorique, musician, Sion
Laurell Barker, musician, Vancouver/Zurich
Shelly Peiken, musician, Los Angeles

Presentation:
Nina Havel, Zurich

www.m4music.ch

Related articles
Creative teamwork at SUISA’s 2018 Songwriting Camp | plus videoCreative teamwork at SUISA’s 2018 Songwriting Camp | plus video SUISA organised the second edition of its Songwriting Camp in cooperation with Pele Loriano Productions. Like the premiere last year the camp again took place at the Powerplay Studios in Maur. A total of 36 musicians from eight different countries attended the three-day event in June 2018, creating 19 pop songs in a wide range of musical styles. Read more
Debrah Scarlett: “As a songwriter, you’re some sort of a lone wolf”“As a songwriter, you’re some sort of a lone wolf” Debrah Scarlett already enjoyed international fame before releasing her début EP “DYS(U)TOPIA” in mid-March. Prior to that, the Norwegian-Swiss musician joined SUISA. Read more
Festival Archip-elles – Women PowerFestival Archip-elles – Women Power The Geneva Festival for contemporary music creation has dedicated itself to music originating from the pen of women for its 2019 event. Archip-elles presents works by female composers of various generations, origin and aesthetics. On Friday, 05 April 2019, SUISA members are invited to a visit at the Festival. Read more
Collapse article

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.

Have you ever wondered how hits are created? How a song comes into existence which lets the feet across generations tap to the rhythm? SUISA has been researching these questions and is organising a panel on this topic at the M4music 2019. Text by Erika Weibel

M4music: Hit the World – this is how international female hit composers did it

At the M4music Festival 2019, KT Gorique and Valeska Steiner (top, from left to right) exchange their views on songwriting with Laurell Barker and Shelly Peiken (below, from left to right). (Photos: Jeremie Carron, Christoph Köstlin, Phantasm, Aerin Moreno)

There are female and male songwriters who create their songs entirely by themselves, others, however, write as a team. Sometimes they write for themselves, sometimes they write for performers fromr completely different music genres. How do they go about it? Do female and male composers have a feeling...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.

Related articles
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
No adequate share for audiovisual artists regarding video on demand and streaming successNo 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. Read more
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
Collapse article

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.

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

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.

Related articles
Replay TV: catching up with advertising revenuesReplay TV: catching up with advertising revenues Replay TV (also known as time-shift or catch-up TV) offers consumers the option of watching television broadcasts on a time-shifted basis instead of at the regular scheduled time. This function, which is very popular with viewers, is now jeopardised by an ongoing legal and political dispute. Read more
Copyright law revision: work starts in the parliamentary committeesCopyright 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. 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. Read more
Invoicing licence fees for background music and TV reception in businesses as of 2019Invoicing licence fees for background music and TV reception in businesses as of 2019 Businesses that play background music on their premises or show broadcasts on screens are required to pay licence fees in accordance with Common Tariff 3a. As of 2019, SUISA will once again manage all customers under this Tariff directly. Read more
Collapse article

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.

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