Tag Archives: Discussion

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.

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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.

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On 26 March 2019, after months of protest on the streets and in the Internet community, the European Parliament approved the proposal for a new EU Directive on Copyright in the Digital Single Market. Revision of copyright law in Switzerland and the EU: where are the similarities, where are the differences? Text by Andreas Wegelin

Adapting federal copyright law to digital usage

In the EU member states, the reform of copyright law has driven mainly young internet users to protest on the internet and in the streets. Fired up by social media platforms, it is alleged that freedom of expression was seriously at risk because of the new copyright. (Photo: Emmanuele Contini / NurPhoto via Getty Images)

On 12 March 2019, a few days before the decision of the EU Parliament, the Council of States referred the bill for the...read more

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

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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

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All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

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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.

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

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

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

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

When SUISA does politics

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

When SUISA does politics

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

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

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

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

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

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

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

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

When SUISA does politics

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

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

Minor amendments only to noise legislation

The ordinance on the federal act governing protection against non-ionising radiation and sound hazards (V-NISSG) was sent to the consultation stage in February 2018. The draft regulation provided more stringent requirements for events involving electrically amplified sound, as well as new stipulations for events without amplification. It was announced in early October that the Federal Office of Public Health would not adopt the most stringent restrictions. Text by Sarah Coopman

V-NISSG: Minor amendments only to noise legislation

Much ado about (almost) nothing: following fierce resistance from industry representatives affected by the proposed changes, the Federal Office of Public Health will refrain from major changes to noise protection legislation (including for major concerts such as the one pictured). (Photo: Marcel Grubenmann)

If you want to learn more about the limits and restrictions that currently apply to sound at events, check the Sound Levels and Laser Ordinance (SLO). It first and foremost states that events with a noise level of less than 93 dB(A) are not subject to any legal stipulations. These threshold values are determined using the average noise level during a one-hour period. According to the current SLO, the requirements for event organisers take effect when noise levels reach at least 93 dB(A) per hour for events that use electric amplification.

Current SLO regulations

The sound protection measures required differ according to the average sound level and can be divided into three categories. The first category of events comprises those with an average hourly noise level of between 93 and 96 dB(A). The organiser is required to report an event to the enforcement agency 14 days in advance. The audience must then be informed of possible damage to their hearing through signs at the event itself. Free ear protection must be provided. Finally, the SLO requires the noise level to be monitored with a decibel meter during the event. No special requirements exist for these meters.

The average hourly noise level at an event that uses electric amplification may not exceed 100 dB(A). For events with a noise level of between 96 and 100 dB(A), the same requirements apply as for events in the first category, provided the total duration of the noise does not exceed three hours. Again, event organisers are subject to the following requirements: a duty to notify the authorities of the event, a duty to inform the audience and provide earplugs, and a duty to monitor the noise level throughout the entire event.

No requirements for unamplified noise so far

However, if the duration of noise exceeds three hours stricter rules apply. In this case, the event organiser must record the noise level and create a quiet zone to compensate. The noise level may not exceed 85 dB(A) in this zone.

The maximum noise level, i.e. the loudest level of noise exposure measured at any given point, may not exceed 125 dB(A) at any time. Unamplified sound is not currently subject to any conditions. This means that symphony orchestras, opera singers or Guggenmusik bands are not subject to any of the above limits and the associated requirements. These are the regulations for events with electrically amplified sound according to the currently applicable sound regulations.

Opposition to V-NISSG draft ordinance

The draft of the new ordinance concerning the federal act governing protection against non-ionising radiation and sound hazards, V-NISSG, largely adopted and selectively amended these regulations. The draft ordinance also provided stipulations for events without amplification. And it would have expanded the obligation to record the noise level to all events with an average noise level in excess of 93 dB(A). The federal government also wanted to institute more stringent requirements for the recording devices.

During the consultation, industry representatives vehemently opposed the proposed changes. Following discussions with industry representatives in late September, the Federal Office of Public Health (FOPH) has now decided to abandon these changes and will ask the Federal Council to remove the more extensive recording requirements. This means that the status quo remains in terms of the recording requirements, with recording only required at events with an average noise level in excess of 96 dB(A) for more than three hours.

FOPH will refrain largely from tightening

The FOPH will request only that events with unamplified sound of above 93 dB(A) be subject to a duty to inform the audience and provide free ear protection. The previous obligation to notify the authorities will be removed. Minimum requirements will apply to orchestral performances, classical music concerts and similar events, provided the noise level of 93 dB(A) is reached.

The stricter requirements for decibel meters are unlikely to be implemented. Rather, the requirements for the meters and the measuring method should be defined per se based on an industry recommendation.

No major changes to noise control legislation are therefore expected in light of these developments. In particular, the current limits will remain in place. According to the FOPH, these conditions have been accepted by industry representatives and were not questioned during the course of the consultation. However, the extent to which changes may still be incorporated into the new ordinance is not fully clear at the moment. The Federal Council will decide definitively on the implementation and entry into force of the draft ordinance in early 2019.

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The ordinance on the federal act governing protection against non-ionising radiation and sound hazards (V-NISSG) was sent to the consultation stage in February 2018. The draft regulation provided more stringent requirements for events involving electrically amplified sound, as well as new stipulations for events without amplification. It was announced in early October that the Federal Office of Public Health would not adopt the most stringent restrictions. Text by Sarah Coopman

V-NISSG: Minor amendments only to noise legislation

Much ado about (almost) nothing: following fierce resistance from industry representatives affected by the proposed changes, the Federal Office of Public Health will refrain from major changes to noise protection legislation (including for major concerts such as the one pictured). (Photo: Marcel Grubenmann)

If you want to learn more about the limits and restrictions that currently apply to sound at events, check the...read more

M4music copyright debate: Streaming = Goldmine?

At the M4music 2018, SUISA is going to hold a panel discussion on Streaming. Participants discuss, among other subjects, whether artists get their fair shares in a booming streaming market and – if not – what needs to change. Text by Erika Weibel

M4music copyright debate: Streaming = Goldmine?

The 21st M4music takes place between 22 and 24 March 2018. (Photo: M4music)

The turnover of Streaming providers are on the rise: Videos, text and lyrics, images and music files are used via the internet as intensively as never before. It’s not just authors of the works that benefit from this but also big players such as Google, Facebook etc. What does it look like in future if the value creation is mainly happening at the big internet companies while the providers of the contents i.e. the creators and artists remain empty-handed?

What would potential scenarios and paths that could guarantee a fair – or at least fairer – income for creators and artists?

We are looking forward to a large audience which is of course invited to participate in the conversation.

Event details:

Friday, 23 March 2018 at 5.00pm
Matchbox in the Schiffbau, Zurich

The panel will be held in German and translated into French.

The 21st M4music takes place between 22 and 24 March 2018. The pop music festival of the Migros-Kulturprozent in Lausanne and Zurich provides a diverse programme again: Concerts by over 50 national and international acts, panel discussions and workshops on current topics of the music business.

www.m4music.ch/en/conference

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At the M4music 2018, SUISA is going to hold a panel discussion on Streaming. Participants discuss, among other subjects, whether artists get their fair shares in a booming streaming market and – if not – what needs to change. Text by Erika Weibel

M4music copyright debate: Streaming = Goldmine?

The 21st M4music takes place between 22 and 24 March 2018. (Photo: M4music)

The turnover of Streaming providers are on the rise: Videos, text and lyrics, images and music files are used via the internet as intensively as never before. It’s not just authors of the works that benefit from this but also big players such as Google, Facebook etc. What does it look like in future if the value creation is mainly happening at the big internet companies while the providers of the contents i.e. the creators and artists...read more

Composition in time and space

On Saturday, 23 September 2017, during the Basel Biennale Zeiträume (‘spaces in time’), which unifies new music and architecture, one female and three male composers will discuss at an open platform how their works are created. Text by Erika Weibel

Composition in time and space

The Basel Biennale for new music and architecture hosts a composer panel under the title “creating spaces in time” on 23 September 2017 at 3.00pm. (Photo: Anna Katharina Scheidegger)

From 16 to 24 September 2017, Basel is opening its doors to an exciting listening experience: New music can be heard in the most unusual nooks and crannies of Basel’s alleys. Both young and old are invited to participate in this musical adventure. There is, for example, the indoor swimming pool performance of “Wasserspiel” (Compositions and improvisations for changing line-ups in the indoor swimming pool Spiegelfeld Binningen), but you can also enjoy the experience of an Alpine horn concert on the Basel Münsterplatz. Museums, towers, even cemeteries open their doors to the new music and provide the public with the opportunity to enjoy a completely new perception of time and space.

The festival Zeiträume stands out by commissioning composers to create works for pre-determined event spaces which will then have their première during the festival. The attentive listener does therefore not only benefit from listening to a variety of premières, but can witness which effect and impact the actual event space has had on the work of the composers.

Composer panel

A female and three male composers whose works have their premières during this year’s Biennale, will exchange their views during the public discussion “creating spaces in time” on 23 September 2017. How much have you been inspired by the event spaces in terms of composing your work? How do the works come into existence and for whom are they written? The composers speak of their work and provide information on their new works which they have created for the festival.

Free entrance – reservation required

Grab the opportunity to listen to the exchange of ideas among composers and to ask questions. You are also cordially invited to the ensuing aperitif where you can join in the continuation of philosophical conversations on the topic of creating compositions in time and space.

Werkraum Warteck PP / Restaurant Don Camillo, Burgweg 7, 4058 Basel
23 September, 3.00pm
Panel participants: Beat Gysin, Junghae Lee, Mario Pagliarani, Balthasar Streiff
Presentation: Bernhard Günther

Further information and a programme of the festival Zeiträume can be accessed at: www.zeitraeumebasel.com

The composers’ panel will be presented by SUISA.

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On Saturday, 23 September 2017, during the Basel Biennale Zeiträume (‘spaces in time’), which unifies new music and architecture, one female and three male composers will discuss at an open platform how their works are created. Text by Erika Weibel

Composition in time and space

The Basel Biennale for new music and architecture hosts a composer panel under the title “creating spaces in time” on 23 September 2017 at 3.00pm. (Photo: Anna Katharina Scheidegger)

From 16 to 24 September 2017, Basel is opening its doors to an exciting listening experience: New music can be heard in the most unusual nooks and crannies of Basel’s alleys. Both young and old are invited to participate in this musical adventure. There is, for example, the indoor swimming pool performance of “Wasserspiel” (Compositions and improvisations for changing line-ups in the indoor swimming...read more

20 years M4music – with SUISA in the midst of it

Over the last 20 years, the M4music festival has become an important get-together of the Swiss Pop music sector. In 2017, its anniversary, the festival offers numerous networking opportunities, information events, evening concerts as well as a showcase stage for young Swiss talents. Such a variety of activities enables the audience to catch a broader, sophisticated glimpse into current music affairs. Text by Erika Weibel

20 years M4music – with SUISA in the midst of it

More than 700 songs were sent in for the Demotape Clinic 2016. Veronice Fusaro (picture) were awarded the main prize “Demo of the Year”, and the “FONDATION SUISA Award” in the category Pop for the song “Come To Naught”. (Photo: Alessandro Della Bella)

SUISA has been involved in the M4music festival for years now. 2017 marks another year where music creators can benefit directly from the expert knowledge of SUISA staff members, and network during the annual ‘Professional-Apéro’ drinks. On top of that, SUISA supports the ‘Showcase Stage’ where Swiss newcomers can present their music to the festival audience.

FONDATION SUISA, SUISA’s charitable foundation for music promotion, is the main partner of the well-established Demotape Clinic, which takes place in the course of the M4music festival. The “FONDATION SUISA Awards” are granted to the best Rock, Pop, Urban and Electronic songs from among the submitted demos. Furthermore, the main prize “Demo of the Year” is awarded together with the Migros-Kulturprozent [Migros ‘Culture Percentage’]. The award show takes place on Saturday, 1 April 2017 at 7.00 pm in the ‘Box im Schiffbau’. At the same event, FONDATION SUISA, the Solothurn Filmtage (‘Film days’), and M4music jointly award prizes for Best Swiss Video Clips 2017.

All information events and performances on the Showcase Stage are free of charge for the audience.

Panels at M4music 2017 with SUISA participation

Friday, 31/03/2017, 14:45, Matchbox
Copyright Debate: Sampling, Remix, Mashup

Samples and remixes can be found all around in the music sector. Nevertheless, this issue often leads to emotional discussions and also triggers the question among professional musicians: What’s allowed, and what isn’t? Where do I have to obtain rights, from whom and when? Questions which have become acute again in the digital age. Can the current copyright legislation provide topical answers? The panel will be presented by SUISA.

Saturday, 01/04/2017, 17:45, Matchbox
Blockchain: More than a hype?

Blockchain is the technology watchword of the day. No other topic inspires the imagination of entrepreneurs, investors and IT strategists more than the concept borrowed from Bitcoin, the digital currency. The financial sector attributes the potential to the Blockchain that it could fundamentally change entire commercial sectors. The Blockchain allows for tamper-proof transactions at cyberspeed without intermediaries. This topic has also caused ripples in the music industry: Income could then be distributed automatically among rights owners and the balance of power in the music industry could shift dramatically. But how exactly does Blockchain work? At the event entry-level knowledge will be conveyed and discussions will be held about the opportunities and challenges for musicians and collective management organisations. Andreas Wegelin, CEO of SUISA, will be a contributor to this discussion at the event.

www.m4music.ch

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All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

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Over the last 20 years, the M4music festival has become an important get-together of the Swiss Pop music sector. In 2017, its anniversary, the festival offers numerous networking opportunities, information events, evening concerts as well as a showcase stage for young Swiss talents. Such a variety of activities enables the audience to catch a broader, sophisticated glimpse into current music affairs. Text by Erika Weibel

20 years M4music – with SUISA in the midst of it

More than 700 songs were sent in for the Demotape Clinic 2016. Veronice Fusaro (picture) were awarded the main prize “Demo of the Year”, and the “FONDATION SUISA Award” in the category Pop for the song “Come To Naught”. (Photo: Alessandro Della Bella)

SUISA has been involved in the M4music festival for years now. 2017 marks another year where music creators can benefit directly from the expert knowledge...read more