Tag Archives: Distribution rules

Changes in distribution for Common Tariff K and Z revenues

The CHF 20 limit for the distribution of revenues under Common Tariffs K (concerts) and Z (circuses) has been eliminated. As a result, amounts previously allocated to distribution category 4C will be otherwise regulated. The changes concern points 4.1, 4.2, 5.4 and 5.5 of SUISA’s Distribution Rules. Text by Irène Philipp Ziebold

Changes in distribution for Common Tariff K and Z revenues

SUISA has optimised its distribution rules for revenues from live performances. (Photo: Tabea Hüberli)

Revenues from CT K and CT Z had hitherto been allocated to two different distribution categories. Amounts over CHF 20 per work were allocated to DC 4B “Concerts and other performances with revenues of more than CHF 20 per work”. Distribution in this category was made on a per file basis. On the other hand, performance revenues of less than CHF 20 per work were allocated to DC 4C “Concerts with revenues of up to CHF 20 per work” and were then distributed on a flat-rate basis.

As is in the nature of flat-rate solutions which at best only approximate real circumstances, this practice did not always produce satisfactory results. In the case of DC 4C, a flat point value, calculated based on the revenues and programme information of all the events assigned to this distribution category, was applied.

Distribution based on actual usage is more advantageous

The flat point value actually applied could be higher or lower than the actual point value of an individual event. Therefore, it could happen that entitled parties would receive a higher amount than that actually paid by the organiser in respect of an event for which only the minimum fee under Tariff K had been paid. Naturally, the opposite was equally possible. The changes made in the Distribution Rules now eliminate the potential disadvantage or advantage for the beneficiaries of DC 4C.

In practice, these changes remove the CHF 20 limit and eliminate distribution category 4C altogether. Henceforth, all revenues from CT K and CT Z – regardless of amount or point value per work – will be allocated to and distributed in DC 4B. The rules for DC 4B itself remain unchanged; only the name of this category has been changed. It is now called: “Concerts & concert-like performances.”

The revenues previously allocated to DC 4C will henceforth flow into DC 4B as well. These consist in the allocations from revenues without programme information from Tariffs Hb, L, Ma, 3a, 7, 8, K and Z, as well as Tariff B revenues from orchestra consortia (with programme information).

Overview of changes in Distribution Rules

Here, in a nutshell, are the advantages of the changes in the Distribution Rules:

  • Even smaller amounts will be equitably distributed per file when programme information is available. This corresponds to a per-work distribution where the proceeds from an event will be distributed directly to the entitled parties.
  • Hitherto, only the entitled parties under DC 4C had the benefit of the above-listed allocations. Since both distribution categories (4B and 4C) relate to concert repertoires, there is no objective reason not to take into account DC 4B works in the distribution of allocations. Thanks to these changes, this will now be the case.
  • By introducing per-file distribution for all performances subject to Tariffs K and Z, settlement statements will be more transparent. Members will now be able to clearly see the make-up of their revenues from live performances under this Tariff.

The changes in the Distribution Rules will first be implemented in the September 2019 distribution.

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The CHF 20 limit for the distribution of revenues under Common Tariffs K (concerts) and Z (circuses) has been eliminated. As a result, amounts previously allocated to distribution category 4C will be otherwise regulated. The changes concern points 4.1, 4.2, 5.4 and 5.5 of SUISA’s Distribution Rules. Text by Irène Philipp Ziebold

Changes in distribution for Common Tariff K and Z revenues

SUISA has optimised its distribution rules for revenues from live performances. (Photo: Tabea Hüberli)

Revenues from CT K and CT Z had hitherto been allocated to two different distribution categories. Amounts over CHF 20 per work were allocated to DC 4B “Concerts and other performances with revenues of more than CHF 20 per work”. Distribution in this category was made on a per file basis. On the other hand, performance revenues of less than CHF 20 per work were allocated to...read more

Summer meeting of the SUISA Board

As in previous years, the summer meeting of the SUISA Board took place on the day before the General Assembly, on Thursday, 20 June 2019, in Biel. Report from the Board by Andreas Wegelin

Summer meeting of the SUISA Board

The SUISA Board held its summer meeting the day before the General Assembly that took place at the Biel/Bienne Congress Centre, as shown in the image. (Photo: Natalie Schlumpf)

In addition to the usual final preparations for the General Assembly, the SUISA Board also noted the comprehensive report by the statutory auditors for the 2018 financial year. In general, the audit gave the management team a good report. However, it also suggested some improvements. The management team has now been tasked by the Board with actioning the proposed improvements.

The prospects for the Mint joint venture, which completed its second year of operation at the end of March 2019, was another important topic for discussion at the board meeting. The Board decided that, as the parent company of Mint, the SUISA cooperative shall provisionally waive the assertion of any claims for work and IT services provided in support of the joint venture company Mint, in the same way as the American partner SESAC.

The Board also addressed the issue of whether SUISA could offer services abroad in the future, in the event that the local collecting society is not working satisfactorily. It will decide in greater detail based on specific cases.

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

The Board was once again able to note pleasing distribution results. In June 2019, beneficiaries in Switzerland and abroad received CHF 43.7 million.

Finally, the Board approved changes to the distribution rules and several adjustments to the General terms and conditions of the rights administration agreement, made necessary by the Liechtenstein collecting society regulation and the EU directive on collecting societies. The updated General terms and conditions for rights administration will be supplied to all members shortly. The changes to the distribution rules will be presented via the SUISA publishing channels once they have been approved by the regulatory authority.

After the meetings, the Board members met with heads of department and managers for an evening meal, providing the opportunity for discussion and for getting to know some new senior managers.

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Overall, a positive financial year 2018Overall, a positive financial year 2018 The SUISA Board and its Committees for Tariffs and Distribution as well as for Organisation and Communication met for their regular spring sessions on 9 and 10 April 2019 at the SUISA head office in Zurich. Read more
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As in previous years, the summer meeting of the SUISA Board took place on the day before the General Assembly, on Thursday, 20 June 2019, in Biel. Report from the Board by Andreas Wegelin

Summer meeting of the SUISA Board

The SUISA Board held its summer meeting the day before the General Assembly that took place at the Biel/Bienne Congress Centre, as shown in the image. (Photo: Natalie Schlumpf)

In addition to the usual final preparations for the General Assembly, the SUISA Board also noted the comprehensive report by the statutory auditors for the 2018 financial year. In general, the audit gave the management team a good report. However, it also suggested some improvements. The management team has now been tasked by the Board with actioning the proposed improvements.

The prospects for the Mint joint venture, which completed its second...read more

Arranging works protected by copyright

Musical works in the public domain can be arranged at will. But works which are still protected by copyright, i.e. whose author has been dead for less than 70 years, cannot be arranged without permission from the rightholders. How does one go about obtaining such permission, and what points must be regulated in the permission in order to be able to register an arrangement with SUISA? Text by Claudia Kempf and Michael Wohlgemuth

Arranging works protected by copyright

To arrange a work protected by copyright whose author has been dead for less than 70 years, permission must be obtained from the rightholders. (Photo: Tabea Hüberli)

The author has the right to decide whether his work can be arranged; in other words, whether a “derived work” or an “arrangement” can be created from his or her original work. This right remains with the author and is not transferred to SUISA under the rights’ administration agreement. A person wishing to arrange a work must contact the author and obtain his or her permission to do so.

Authors generally transfer the arrangement rights to their publishers in the framework of a publishing agreement. On that basis, publishers may authorise third parties to arrange a work, or commission third parties to create a new version of the work. Publishing contracts should regulate whether the publisher may, under certain circumstances, authorise or commission an arrangement directly or whether the publisher must refer back to the author in each case. In the case of published works, therefore, the person to contact for permission is the publisher.

When dealing with successful international repertoires, obtaining permission may be a tiresome procedure, and may not always be crowned with success. Certain rightholders are happy to have their works arranged and more widely disseminated. Other rightholders attach great value to the “integrity” of their works and refuse virtually all arrangements. Either way, before an arrangement can be undertaken, sufficient time should be reserved for ascertaining the legal rights.

NB. If a number of requests have been submitted to the author or the publisher and no response has been received, it is wrong to presume that “silence means consent” and that the work can be arranged simply because “efforts were made” to obtain permission. As a rule, arranging a work without the rightholder’s consent constitutes a copyright infringement and may result in civil and criminal prosecution.

Even once the necessary permission has been obtained, the arranger is not always free to arrange the work at will. The permission may be restricted to a certain type of arrangement (e.g. translation of the lyrics into another language, shortening the work, remis, new instrumentalisation, etc.) Moreover, by law, even if they have permitted an arrangement, authors are entitled to defend their works against “distortion”. In such cases (often difficult to judge), it is the “moral rights” of the author which are at stake.

Key points of an authorisation to arrange

If an author or a publisher grants permission to arrange a work, this permission, consent, or authorisation should be recorded in a short written agreement. The agreement should cover the following points:

a) Name and address of the contractual parties (pseudonyms, if any)

b) Scope of permission: the work to be arranged must be clearly designated, as well as the extent to which the work may be musically or textually arranged. Moreover, the agreement should indicate whether and how the new work can be registered as an arrangement with SUISA.

Good to know: Registering a work as an arrangement only makes sense if the original is already registered with SUISA, and both works (original and arrangement) are to be used side by side (and independently). In the framework of the songwriting process, it is not unusual for “arranged parts” to be attributed to co-musicians although there is no original work which can be used separately. To avoid misunderstandings, it is advisable in such cases to let the co-musicians participate as co-authors rather than as arrangers.

c) Shares: Under SUISA’s Distribution Rules, for unpublished works without lyrics, the arranger is entitled to a 20% share; for published works without lyrics, the arranger’s share is 16.67%. For works with lyrics, the arranger’s share is 15% (unpublished) and 11.67% (published) respectively. In principle, the arranger’s share can be set freely. In practice, the arranger’s share lies between 0% and 25%. SUISA’s Distribution Rules provide for an exception in the case of arrangement permissions granted by publishers: here, the arranger’s share may not exceed the share in the regulatory distribution key. This is designed to avoid the share of the original author from being reduced too far. A rightholder may also permit an arrangement without granting any share of the distribution to the arranger.

d) Publishing an arrangement: In the case of arrangements of published works, it is advisable to specify in the authorisation whether the arrangement must also be published by the publisher of the original work (so that the publisher can retain control over the publishing rights). As a rule, the original publisher will insist on this. In that case, an additional publishing agreement should be signed between the original publisher and the arranger.

e) Rights warranties: Rightholders must warrant that they dispose of the necessary rights to grant the arrangement permission.

f) Place, date, rightholder’s signature

g) Governing law, jurisdiction

Special case: “sub-arrangements”

Sub-publishing agreements generally provide for the transfer of the arrangement rights from the original publisher to the sub-publisher. The sub-publisher is thus entitled to authorise or commission arrangements. In these cases, the arranger is registered as a “sub-arranger” or, with regard to new lyrics, e.g. in another language, as a “sub-lyricist”. Here too, SUISA’s Distribution Rules provide that the sub-arranger’s share may not exceed the share set in the regulatory distribution key.

How to register an arrangement with SUISA

For an arrangement of a protected work, the permission to make the arrangement must be filed – or uploaded in the case of an online registration – together with the registration form. The arranger will only receive a share of the royalties from a work if the permission to arrange explicitly states that the arranger is entitled to a share. If no percentage share is indicated, the arranger will be allocated the regulatory share. If there is no mention of the arranger’s participation, SUISA will record the arranger’s name under the original version, with a note indicating that an authorised arrangement exists but the arranger is not entitled to a participation. Accordingly, the arranger will not receive a share.

When publishers register new versions of works which they have published in the original, SUISA waives the need for an authorisation since the publisher has to settle the arrangement rights directly with its authors. The same applies for sub-publishing agreements.

Summary

To arrange protected works, therefore, you always need the rightholders’ permision – depending on the circumstances, such permission should be obtained from the author, the author’s heirs or from the publisher. Permission is the prerequisite for registering an arrangement of a protected work with SUISA.

SUISA offers its support in tracing the responsible rightholders. In the case of published works, SUISA will give you the publisher’s name and address so that you may contact the latter directly. In the case of unpubished works, SUISA forwards arrangement requests directly to the author or his/her heirs. Inquiries should be addressed to: publisher (at) suisa (dot) ch
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Musical works in the public domain can be arranged at will. But works which are still protected by copyright, i.e. whose author has been dead for less than 70 years, cannot be arranged without permission from the rightholders. How does one go about obtaining such permission, and what points must be regulated in the permission in order to be able to register an arrangement with SUISA? Text by Claudia Kempf and Michael Wohlgemuth

Arranging works protected by copyright

To arrange a work protected by copyright whose author has been dead for less than 70 years, permission must be obtained from the rightholders. (Photo: Tabea Hüberli)

The author has the right to decide whether his work can be arranged; in other words, whether a “derived work” or an “arrangement” can be created from his or her original work. This...read more

Changes in the distribution of revenues from radio uses

The classifications for radio broadcasting stations have been changed. Starting with the 2019 settlements, a uniform factor of 0.25 will be applied for level D uses (sound logos, jingles, background music, etc.), and a factor of 1.5 for level E (other music). In addition, calculations will be made on a per-second instead of a per-minute basis. Text by Irène Philipp Ziebold

Changes in the distribution of revenues from radio uses

The rules for the distribution of revenues from radio uses have been changed. (Photo: T.Dallas / Shutterstock.com)

In 2015, the factors for the distribution of revenues from television broadcasts were changed. The classifications for radio broadcasts have now been changed as well. The rules are set out in points 3.2 and 3.3 of SUISA’s Distribution Rules.

The new rules are based on an essential principle: radio classifications must be appropriate, and at the same time they must be proportionate with existing rules for TV broadcasts.

In practice, this has been achieved as follows: firstly, billing is now on a per-second basis for radio as well; secondly, in level D, degressive rates have also been abolished for radio and replaced by a uniform factor of 0.25; finally, a factor of 1.5 has been introduced for level E (other music) to bring it into a more appropriate relationship with level D.

The reasoning and main arguments for each point are outlined below:

Billing per second

Billing per second ensures more accurate distribution, and better reflects actual usage. Thanks to the Echolon monitoring system, this is now possible at no additional cost. The playing duration of works can now be determined in a uniform manner for radio and television.

Level D (sound logos, jingles, background music, etc.)

Hitherto, degressive rates were still applicable in level D for radio broadcasters although they had been abolished for television broadcasters. The three existing factors (1, 0.5 and 0.05) are relatively arbitrary and are likely to produce inappropriate results. This is more particularly true for the factor of 0.05 in the case of successful productions with over 52 broadcasts in a single distribution period. In other words: the beneficiaries concerned receive too little compared with the other degressive rates. By introducing a uniform rate of 0.25, an appropriate factor – one that is proportionate with the other levels – has been chosen for the music uses in level D. It is also the same factor as for television.

Level E (other music)

Once a uniform factor of 0.25 is introduced in level D, the existing factor of 1 for other music is no longer proportionate to the other factors, taking into account the television classifications. This was remedied by applying a new factor of 1.5. This factor is appropriate both with regard to TV broadcast classifications (“Concerts”: factor 2, “Music in films”: factor 1 and “Sound logos, jingles, background music, etc.”: factor 0.25) and with regard to the radio broadcast classifications (level D: now 0.25)

For further information:
www.suisa.ch/verteilungsreglement (in German)

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

Your email address will not be published.

The classifications for radio broadcasting stations have been changed. Starting with the 2019 settlements, a uniform factor of 0.25 will be applied for level D uses (sound logos, jingles, background music, etc.), and a factor of 1.5 for level E (other music). In addition, calculations will be made on a per-second instead of a per-minute basis. Text by Irène Philipp Ziebold

Changes in the distribution of revenues from radio uses

The rules for the distribution of revenues from radio uses have been changed. (Photo: T.Dallas / Shutterstock.com)

In 2015, the factors for the distribution of revenues from television broadcasts were changed. The classifications for radio broadcasts have now been changed as well. The rules are set out in points 3.2 and 3.3 of SUISA’s Distribution Rules.

The new rules are based on an essential principle: radio classifications must be appropriate, and at the...read more

Arrangement of works in the public domain

Before you start arranging musical works that are not protected by copyright, it is worth being aware of the legal pitfalls in order to avoid costly stumbles. Text by Ernst Meier and Claudia Kempf

Arrangement of works in the public domain

An arrangement is when a new work is created using an existing work. (Photo: Tabea Hüberli)

Seeking inspiration from others, arranging existing works for different instrumentation, incorporating all or part of existing compositions into new works … these are age-old practices.

What pitfalls have to be avoided when you undertake a musical arrangement? – In a new series of articles to be published on the SUISAblog and in SUISAinfo, we shall try to shed some light on this topic. Initially, we shall examine the arrangement of works in the public domain, i.e. works that are no longer protected by copyright since their authors have been dead for more than 70 years.

What is an arrangement?

According to the Copyright Act, an arrangement is a “derived” (in German, literally, a “second-hand”) work. For an arrangement to qualify for copyright protection, it must satisfy the same requirements as a “work”, in other words: arrangements which are deemed artistic creations of the mind of the arranger are protected by copyright in the same way as an autonomous work. In the case of an arrangement, the artistic creation consists in the recognisable transformation, changing, or extension, of the musical substance of an existing work.

An arrangement is when a new work is created using an existing work in such a way that the latter remains recognisable with its individual character. The newly created element must, however, also have an individual character. Typical examples of arrangements are works orchestrated for different instruments, or lyrics translated into another language.

SUISA’s Distribution Rules (in German) have a section (1.1.3.5) that lists a whole series of works that do not qualify as arrangements for copyright protection purposes. In practice, this list has proven itself repeatedly. The following modifications do not qualify as arrangements:

  • adding dynamic or agogic accents;
  • adding musical phrasing symbols;
  • entering finger positions (fingering);
  • registrations for organs or other keyboard instruments;
  • flourishes;
  • translating an old musical notation style into a style in use today;
  • correcting clerical mistakes in the original and similar changes;
  • transferring music into other keys or pitches (transpositions);
  • editing out individual voices;
  • exchanging or doubling voices;
  • adding purely parallel voices;
  • allocating existing voices to other instruments (simple transcription).

Arranging works in the public domain and registering them with SUISA

Musical works which are not protected by copyright can be freely arranged and altered – no consent is necessary. To register an arrangement of a work in the public domain, you must send SUISA a copy of the new work together with the existing work, so that the music department can establish copyrightability. This applies to works whose authors are unknown or have been dead for at least 70 years. This also applies to works that have been handed down by folklore and are considered traditional.

When it receives an arrangement, SUISA’s music department verifies whether it satisfies the criteria for protection by copyright. This is always done by comparing the original to the arranged version. The musical quality of the submitted piece or movement is unimportant at this stage.

What types of arrangements are there, and what is the arranger’s share of the remuneration?

In its appreciation, SUISA distinguishes between the five following types of arrangement:

(Graphics: Crafft Communication)

1. Normal arrangement

The “normal” case (representing about 90% of all applications) is an arrangement in the strict sense of the word. A popular melody is arranged by adding voices or instruments for a specific ensemble or group (e.g. mixed choir, string quartet, orchestra, Big Band, etc.). The melody or main voice is taken over exactly, only the arrangement is new.

In this case, the arranger’s share is 15% (for works with lyrics) or 20% (works without lyrics).

Normal arrangement

2. Co-composition

Here the unprotected melody is not the upper voice; it is hidden in the musical structure. In this particular case (e.g. choir and organ music), the arranger’s work is of higher value since he has to compose his own upper or main voice and the existing music has to be embedded into the piece with a contrapuntal technique.

The arranger’s share in this type of work is 50% of the composer’s share.

Co-composition

3. Reconstruction

An original work is interrupted in one or several places, or left unfinished by the composer (or lost in handing down), and is then finished by the arranger.

The arranger’s share in this case is 50% of the composer’s share.

Co-composition

4. Complex jazz versions with changing soloists

The piece starts with a short presentation of the unprotected original melody. Then, a succession of soloists or “registers” (saxophone, trumpets, piano, drums) take up the melody with improvised figurations; these make up the greater portion of the work. Visually this is illustrated by the fact that the individual soloists or “registers” stand up for their solos. At the end, the original melody is often repeated all together.

In this type of work, the arranger’s share is 50% or 100% of the composer’s share, depending on the length and importance of the solos.

Complex jazz versions with changing soloists

5. Sets of variations

Variations on historic musical themes (e.g. Diabelli, Paganini or Gershwin variations) are typical examples of compositions where the original takes backstage to the variation. The starting theme is merely a pretext for a completely new work. It follows, therefore, that the creator of the variation is entitled to the full remuneration. For example: “Diabelli variations by Beethoven” etc.

The arranger’s share in this type of work is 100% of the composer’s share.

Sets of variations

What does public domain (“domaine public”) mean?
For further information on the protection period for works we refer you to the article “Erstmals seit 20 Jahren werden wieder Werke gemeinfrei” (article available in German, French and Italian, PDF) in the SUISAinfo edition.
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All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

Your email address will not be published.

Before you start arranging musical works that are not protected by copyright, it is worth being aware of the legal pitfalls in order to avoid costly stumbles. Text by Ernst Meier and Claudia Kempf

Arrangement of works in the public domain

An arrangement is when a new work is created using an existing work. (Photo: Tabea Hüberli)

Seeking inspiration from others, arranging existing works for different instrumentation, incorporating all or part of existing compositions into new works … these are age-old practices.

What pitfalls have to be avoided when you undertake a musical arrangement? – In a new series of articles to be published on the SUISAblog and in SUISAinfo, we shall try to shed some light on this topic. Initially, we shall examine the arrangement of works in the public domain, i.e. works that are no longer protected by copyright...read more

Positive figures for the 2018 financial year to date

The Board meeting held the day before the General Assembly in June 2018 had a multi-layered agenda to handle. In addition to preparing for the General Assembly, the meeting also reviewed the course of business for the year to date. Report from the Board by Dora Zeller

Positive figures for the 2018 financial year to date

Satisfactory revenue and distribution results for composers, lyricists and publishers: SUISA’s 2018 financial year got off to a good start in terms of results. (Photo: Manu Leuenberger)

Key figures for the start of the 2018 financial year are positive: domestic revenues totalled CHF 60.3 million as at 31 May 2018, exceeding the budget by 8% and the prior year by 7%. The amount distributed in the second-quarter settlement in mid-June was CHF 43.8 million. At CHF 13.2 million, expenses were within budget.

Review of business activities

The Board approved the comprehensive report and explanatory notes to the 2017 financial statements prepared by the Auditor. These are part of the documentation that SUISA is required to file with the Federal Intellectual Property Institute (IPI) each year for its review of SUISA’s business activities.

Following changes in the Financial Market Infrastructure Act and its implementing ordinances, SUISA had to amend its investment regulations, in particular as regards due care rules for derivatives trading. The Board laid down clear guidelines regulating SUISA’s activities on the investment market. SUISA is also required to submit any amendments to these regulations each year to the IPI, the competent regulatory authority.

Satisfactory income and distribution results for year-to-date 2018

For the year to date as at 31 May, revenues increased for all classes of rights compared both with the budget and the prior year. The growth in revenues from online uses – plus 174%, or CHF 4.7 million – was particularly noteworthy. When preparing the budget, it had been expected that all online contracts would be transferred to SUISA Digital Licensing or Mint Digital Services, and that the corresponding revenues would flow into these companies. However, negotiations with the online service providers are taking longer than expected. Until the new contracts are signed, the corresponding revenues will continue to flow to SUISA, the parent company.

Initial distribution results for 2018 are also positive. The remuneration collected under most tariffs is meanwhile distributed to rightsholders following a quarterly schedule. The first quarterly settlement comprised 8,879 individual settlements representing a total distribution of CHF 13.8 million; the second, in mid-June, comprised 11,800 individual settlements and a total distribution of CHF 43.8 million.

With regard to revenues from abroad, thanks to a new IT application, we managed to distribute a larger number of settlements from our foreign sister societies than ever before at this time of the year. Remuneration totalling CHF 4.1 million was distributed to SUISA members. Moreover, starting in autumn 2018, foreign revenues will also be distributed on a quarterly basis. This means that the second of the three foreign settlements for 2018 will be distributed in mid-September. The third settlement will then be made in mid-December.

Sponsoring commitments and distribution rules

Figures aside, on to sponsoring: SUISA is making itself seen and heard with a number of actions in the framework of various musical events. The overriding aim is always to inform the public about the purpose and activities of our Cooperative Society and to attract well-deserved attention and esteem for the creative work ofour members. In this context, the members of the Committee for Organisation and Communication learnt about SUISA’s commitment in support of the Walo Prize and the organisation of the successful Songwriting Camp. Other events (co-)sponsored by SUISA include a day of concerts in the “Offen für Neues” (“open for the new”) series at the Festival Murten Classics in August, as well as “Label Suisse” in mid-September in Lausanne.

At the meeting, the Board also spent considerable time debating the amendment of the Distribution Rules. The amendments proposed by the Executive Committee are first examined by the Distribution and Works Committee. They are then referred to the Committee for Tariffs and Distribution before being sent to the Board. Finally, the amendments must be submitted to the IPI and the Liechtenstein Office of Economic Affairs. The amendments come into force once they are approved by both institutions, and the document is published.

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The Board meeting held the day before the General Assembly in June 2018 had a multi-layered agenda to handle. In addition to preparing for the General Assembly, the meeting also reviewed the course of business for the year to date. Report from the Board by Dora Zeller

Positive figures for the 2018 financial year to date

Satisfactory revenue and distribution results for composers, lyricists and publishers: SUISA’s 2018 financial year got off to a good start in terms of results. (Photo: Manu Leuenberger)

Key figures for the start of the 2018 financial year are positive: domestic revenues totalled CHF 60.3 million as at 31 May 2018, exceeding the budget by 8% and the prior year by 7%. The amount distributed in the second-quarter settlement in mid-June was CHF 43.8 million. At CHF 13.2 million, expenses were within budget.

Review of business activities

The Board...read more

Wanted: New member for the Distribution and Works Committee

Due to a mid-term resignation, a seat on SUISA’s Distribution and Works Committee needs to be filled. We are looking for a SUISA member who is a publisher, active in the rock/pop, jazz or electronic genre and originates from the German-speaking part of Switzerland. Text by Irène Philipp Ziebold

Wanted: New member for the Distribution and Works Committee

Bang in the midst of it rather than watching from the sidelines – SUISA is looking for a member that holds voting and election rights willing to co-design the distribution of collections in the Distribution and Works Committee. (Photo: Manu Leuenberger)

SUISA authors and publishers have the opportunity as members of the Distribution and Works Committee (VWK) to directly shape the distribution of the collections arising from works usage. The Distribution Regulations are the authoritative documentation governing the issue of who ultimately gets how much money and for which usage of their works. The Distribution Regulations are also the centre of attraction of the meetings of the VWK which takes place twice a year, where VWK members are presented with any pending changes in the rules for discussion and co-determination. The final resolution regarding the respective change shall be made by the Board.

Music genres, regions, authors and publishers – it’s all in the mix

Based on the above mentioned criteria regarding the search of a successor for the member that has stepped down, the goal is to ensure that the VWK’s composition is as balanced as possible in future since this is a central point for its work. In the Committee, there are thus many different music genres as well as all linguistic regions of Switzerland and the Principality of Liechtenstein that must be represented. Furthermore, the VWK must consist of composers, music publishers as well as lyricists. Finally, the Committee should also exhibit the best possible mix regarding age and gender.

Further requirements for becoming a member of the VWK

Only SUISA members who hold a right to vote and elect can be appointed into the Committee. The (future) VWK member must – apart from the direct relationship to music – understand the effect of current decisions on the future. Members of the VWK may therefore not just focus on their own business areas, but must represent the interests of all authors and publishers. After all, being a Committee member takes time: The meetings of the VWK do take up a whole day (2x per annum) – including travel time and joint lunch. Members are also required to prepare accordingly for the meetings; this includes reading comprehensive and exhaustive materials which are provided in the run-up of the meeting.

Tasks of the distribution and works committee

A maximum of 22 members make up the VWK; they are elected for a term of four years by the General Assembly. The selection of the candidates proposed for election will be made by the Board. A re-election is limited to three terms in office.

The VWK fulfils the following tasks as per the SUISA Articles of Association by

  • checking the provisions of the Distribution Regulations and their implications on distribution proceeds;
  • proposing amendments to the Distribution Regulations to the Board;
  • as a first instance, handling appeals against Executive Committee decisions on the classification of broadcasting programmes, copyrightability of works and arrangement of non-protected works;
  • in an advisory capacity, evaluating unauthorised adaptations of protected works and cases of plagiarism.

The VWK is a Committee of the SUISA General Assembly. In other words: The General Assembly may allocate additional tasks to the Committee.

Candidate entries

Since the by-elections take place during the SUISA General Assembly on 22 June 2018 and the preparatory process does take up some time, we kindly ask interested candidates to send their application no later than Monday, 26 March 2018 to the following address:

SUISA, Stephanie Fikatas, Bellariastrasse 82, 8038 Zurich
E-mail: stephanie.fikatas (at) suisa (dot) ch

For further information please contact Mrs. Irène Philipp Ziebold, Director of Member Services and Distribution (Phone: +41 44 485 68 00).

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SUISA settlement dates 2018 – and one improvementSUISA settlement dates 2018 – and one improvement SUISA shall stick to its established settlement dates in 2018. They comprise, in the main, four quarterly settlements as well as various supplementary settlements spread across the coming year in analogy to the previous year. From the 2nd semester of 2018 onwards, settlements of international collections shall be switched over to a quarterly distribution frequency. Read more
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Due to a mid-term resignation, a seat on SUISA’s Distribution and Works Committee needs to be filled. We are looking for a SUISA member who is a publisher, active in the rock/pop, jazz or electronic genre and originates from the German-speaking part of Switzerland. Text by Irène Philipp Ziebold

Wanted: New member for the Distribution and Works Committee

Bang in the midst of it rather than watching from the sidelines – SUISA is looking for a member that holds voting and election rights willing to co-design the distribution of collections in the Distribution and Works Committee. (Photo: Manu Leuenberger)

SUISA authors and publishers have the opportunity as members of the Distribution and Works Committee (VWK) to directly shape the distribution of the collections arising from works usage. The Distribution Regulations are the authoritative documentation governing the issue of who ultimately gets how...read more

Changes to the distribution of collections for internet use

New distribution keys will be used for the distribution of collections for internet use (audio and video on demand offers). For downloads, a new key of 25% for performing rights and 75% for reproduction rights shall be applied. For streaming, the split shall consist of 75% performing rights and 25% reproduction rights. Text by Irène Philipp Ziebold

Changes to the distribution of collections for internet use

SUISA changes its distribution keys for the income from streaming and downloads. (Photo: Rawpixel / Shutterstock.com)

For years, the distribution split between authors and publishers in terms of the allocation of the collections from performing and broadcasting rights on the one hand, and reproduction rights on the other hand has been agreed separately. SUISA has accordingly provided for different distribution keys in its distribution rules for the two rights categories.

For online uses, there is no separate distribution key which could be directly agreed on by the contracting parties. As a consequence, the collections from online uses are on the one hand distributed in analogy with the performing rights distribution key and on the other hand in accordance with the reproduction rights distribution key (cf. item 2.1.2 of the distribution rules).

Up to now, SUISA has been distributing 100% of collections from streaming in accordance with the distribution key for performing rights and 100% of collections for downloads in accordance with the distribution key for reproduction rights. This meant, however, that SUISA held a special position internationally and, at the same time, this practice no longer met the latest developments in the online sector.

New distribution keys for downloads and streaming

Apart from taking a look at the usual rules applicable abroad, technical procedures were also evaluated with a view to the analysis that led to the determination of the new distribution ratios of the distribution keys for download and streaming. Technically speaking, the making available of a work is based on the creation of a copy of the work on the server of the provider, the transmission of the copy to the consumer as well as the performance resp. potential storage on the terminal device of the consumer.

During discussions among the various committees (Distribution and Works Committee andBoard) with respect to the proposed changes, various views regarding the performing and reproduction rights shares existed with respect to the weighting of the distribution keys.

In particular the question arose how the aspect of transitoriness resp. repeated playback of a work should be considered for streaming, and which percentage should reflect this for the weighting of the performing share.

In the end, the following split was agreed:

  • Download: 25% of collections shall be allocated to the performing rights distribution key and 75% to the reproduction rights distribution key.
  • Streams: 75% of collections shall be allocated to the performing rights distribution key and 25% to the reproduction rights distribution key.

Distribution of the collections from video on demand (VOD)

At the same time, the provisions regarding the distribution of collections from video on demand were adjusted. The respective revenues shall now be distributed in analogy to download and streaming “per file” (per work). Prior to that, the revenues from video on demand had been supplemented to the remuneration for broadcasts of pay TV. The change now also permits in this sector that collections are distributed in a more exact and pinpointed manner.

For further information see the distribution rules of SUISA.

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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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New distribution keys will be used for the distribution of collections for internet use (audio and video on demand offers). For downloads, a new key of 25% for performing rights and 75% for reproduction rights shall be applied. For streaming, the split shall consist of 75% performing rights and 25% reproduction rights. Text by Irène Philipp Ziebold

Changes to the distribution of collections for internet use

SUISA changes its distribution keys for the income from streaming and downloads. (Photo: Rawpixel / Shutterstock.com)

For years, the distribution split between authors and publishers in terms of the allocation of the collections from performing and broadcasting rights on the one hand, and reproduction rights on the other hand has been agreed separately. SUISA has accordingly provided for different distribution keys in its distribution rules for the two rights categories.

For online uses, there is no separate...read more

Changes in relation to the distribution of Tariff CT 1 and CT 2 collections

In the last few years, cable network providers switched their offerings from analogue to digital. In order to take these changes into consideration, the distribution of the collections arising from Tariffs CT 1 (cable networks), CT 2a (retransmitters) and CT 2b (IP based networks) was aligned. In item 5.5.1 of the distribution rules the calculation basis of the reference parameter “number of subscribers” was changed to “daily reach”. Text by Irène Philipp Ziebold

Changes in relation to the distribution of Tariff CT 1 and CT 2 collections

Even though there is a plethora of digital TV programmes available, only a few of them fill TV screens for a longer period. (Foto: Zeber / Shutterstock.com)

Cable network providers have carried out a migration of their offerings from analogue to digital in the last few years. The number of the radio and TV programmes on offer is now many times higher than before. Until recently, the number of subscribers acted as the calculation basis for the distribution of income from Tariffs CT 1, CT 2a and CT 2b. As a consequence, the distribution depended on the receptability, i.e. on how many subscribers of a cable network provider had the option to receive a specific channel.

With the increase of the broadcaster offerings, the significance of the subscriber numbers regarding the actual work usage has decreased remarkably. This is due to the fact that of the multitude of channels that consumers have at their fingertips today, they only use a few in reality. With the switch of the calculation basis to the reference parameter “daily reach”, what counts in terms of distribution now is what consumers actually watch.

The daily reach corresponds with the share of people who have watched or listened to a specific programme on an average day for at least 30 seconds. The relevant usage is thus registered which goes above and beyond a mere channel hopping.

Distribution more exact based on actual usage

Due to the daily reach as a calculation basis the actual usage is now taken into consideration more: The copyright royalties now flow to those channels that have really been watched or listened to. Channels which were not selected by the consumer or where consumers merely hop through, are not taken into consideration for the allocations into the three broadcaster groupings (SRG SSR, Swiss private channels, foreign channels).

The switch to the reference parameter of the daily reach will entail that more money is going to be distributed to Swiss channels. In the case of the calculation based on subscriber numbers so far, many foreign channels were taken into consideration which are in fact only used by a very small portion of subscribers. This will no longer be the case with a calculation basis in accordance with the daily reach.

IGE (Institute of Intellectual Property) decision dated 26/07/2017 (PDF 1.47 MB, only in German) in relation to “Review of item 5.5.1 distribution rules: Distribution of collections from CT 1, 2a and 2b”
Further information on the distribution keys of SUISA

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Commentary on SUISA’s annual results for 2016Commentary on SUISA’s annual results for 2016 SUISA can report a very successful financial year 2016. The result reflects an all-time high regarding the income from domestic copyright exploitation. In the Cooperative Society’s history of more than 90 years, this is a record sum in terms of remuneration that is due for distribution. The average cost coverage deduction remains low – about CHF 88 per CHF 100 of the income collected can be paid out to authors and publishers that are entitled to receive such remuneration. Read more
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All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

Your email address will not be published.

In the last few years, cable network providers switched their offerings from analogue to digital. In order to take these changes into consideration, the distribution of the collections arising from Tariffs CT 1 (cable networks), CT 2a (retransmitters) and CT 2b (IP based networks) was aligned. In item 5.5.1 of the distribution rules the calculation basis of the reference parameter “number of subscribers” was changed to “daily reach”. Text by Irène Philipp Ziebold

Changes in relation to the distribution of Tariff CT 1 and CT 2 collections

Even though there is a plethora of digital TV programmes available, only a few of them fill TV screens for a longer period. (Foto: Zeber / Shutterstock.com)

Cable network providers have carried out a migration of their offerings from analogue to digital in the last few years. The number of the radio and TV programmes on offer is now many...read more

Publishers’ participation at SUISA not at risk

A decision by the European Court of Justice dating back to 2015 and two German court decisions made last year have challenged the basic principle of a participation of publishers with respect to remuneration paid out by collective management organisations. Here are the reasons why what happened at Gema cannot repeat itself at SUISA. Text by Martin Korrodi

Publishers’ participation at SUISA not at risk

A decision by the Supreme Court Berlin has shaken the traditional distribution practice at Gema. Due to the legal situation in Switzerland, publishers will be able to participate – as usual – in the distributable amount from SUISA. (Photo: Niroworld / Shutterstock.com)

It was the decision by the Supreme Court Berlin against Gema in particular which left many publisher members of SUISA in a state of uncertainty, as it rather specifically affects the participation of music publishers in the payment of royalties. Would it also be possible in Switzerland that a comparable decision could declare the long-term distribution practice by SUISA to be invalid?

The decision of the Supreme Court Berlin

On 14 November 2016, the Supreme Court Berlin decided that Gema may only include such members in its royalty collection pay-outs who have effectively transferred their rights management to it. Even if the decision only refers to two specific cases, where authors disagreed with the participation of their publishers, the court’s reasoning challenges Gema practices in general.

A central argument in the opinion of the court is the so-called principle of priority: It determines that a rights owner cannot assign his/her rights a second time after he/she has already made a valid rights transfer to a third party – the first rights transfer collides with any subsequent rights transfer of the same rights.

In this context, what this actually specifically means is that an author who has already assigned his/her rights to Gema via a rights administration agreement, cannot assign those rights once more when signing a publishing contract. As a consequence, a participation of the publisher is – based on this decision – out of the question, as the publisher has not acquired any rights which justify a participation.

Furthermore, a participation of the publisher is not justified if only the “publishing rights” have been assigned. Publishing rights in the music sector traditionally includes only the right of reproduction and distribution of music scores. These rights are not managed by Gema. Since, in this case, the definition of the assigned rights in the publishing agreement is too limited, no justification for a publisher participation arises as a consequence.

The court has determined the distribution plans of Gema to be invalid, as far as they provide for a generic publisher participation which only requires the conclusion of a rights administration agreement as well as the notification of the published works, and not the assignment of rights. This, however, was leading to a participation of a party without entitlement to the remuneration, which, in turn, was in violation of the legally embedded prohibition of arbitrary action.

Law and practice in Switzerland

In general, the principle of priority for right assignments also applies in Switzerland: Such authors that have originally acquired and validly assigned rights, cannot transfer these rights again to a third party at a later point in time. In line with local laws this does not automatically imply that a publisher has no right to a participation as soon as an author has joined SUISA prior to the conclusion of a publishing agreement.

These findings are mainly linked to the fact that Swiss Law does not make the entitlement to participate in the remuneration dependent on whether the party holding the rights has actually assigned the rights to the collective management organisation. Art. 49 URG (Swiss Copyright Act) expressly distinguishes between the “original holders of rights” (authors) and “other entitled parties” (such as publishers), between whom the distributable amount is to be shared. The entitlement of a publisher to participate in the remuneration therefore mainly arises from the contractual agreements the publisher has entered into with the author.

Publishers’ participation at SUISA

In line with the above, SUISA may only consider a publisher for distribution purposes if the authors have agreed to this and expressly instruct SUISA to participate the publisher in all or specific remuneration arising from the exploitation of their works (so-called right of instruction of the principal). It is necessary to take into consideration – even in Switzerland – that the scope of the rights assignment is unequivocally stated in the agreement, so that SUISA may participate the publisher in the collections from the individual usage rights and compensation claims. It can therefore be assumed that a mere assignment of the subjective publishing right without further specifying the respective rights may not justify a publisher’s participation in all rights managed by SUISA either.

Furthermore, the distribution rules – in analogy to the legal situation in Germany – must not contain any provisions which imply that publishers participate in the collected remuneration as a principle without specifying an express contractual basis. The SUISA distribution rules meet these requirements by admitting publishers as parties entitled to receive a payment only in those cases where they fulfil their “contractual obligations” vis-a-vis the authors. With regards to the determination of the relevant shares of the parties entitled to receive a payment the distribution rules refer to the contractual arrangements between authors and publishers.

As a consequence it seems rather unlikely that a publisher participation at SUISA would fail for the same reasons as was the case in the European Union and especially in Germany. Despite this position, SUISA is currently optimising some provisions in its distribution rules, its general terms and conditions for rights administration and the SUISA model publishing agreement in order to exclude any residual risks.

Reactions to the decision in Germany
The German Bundestag has immediately suggested the launch of a review of the Act on Collective Management Organisations (CMO Act, VGG) in order to counteract the legal uncertainty which had arisen as a consequence of the decision. The new provisions affect the participation of publishers that have not assigned the rights directly (mitigation of the principle of priority) on the one hand, and the option to participate a publisher in the remuneration collected from the management of statutory compensation claims, on the other hand.
In order to legitimate the publisher participation for the past and guarantee it for the future, Gema has made a confirmation process available to its members. In the course of this process, the involved parties can declare their consent to the shares determined in the Gema distribution plan and to agree with a mutual participation which is not based on who has actually assigned the rights to Gema. www.gema.de/de/aktuelles/verlegerbeteiligung/
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All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

Your email address will not be published.

A decision by the European Court of Justice dating back to 2015 and two German court decisions made last year have challenged the basic principle of a participation of publishers with respect to remuneration paid out by collective management organisations. Here are the reasons why what happened at Gema cannot repeat itself at SUISA. Text by Martin Korrodi

Publishers’ participation at SUISA not at risk

A decision by the Supreme Court Berlin has shaken the traditional distribution practice at Gema. Due to the legal situation in Switzerland, publishers will be able to participate – as usual – in the distributable amount from SUISA. (Photo: Niroworld / Shutterstock.com)

It was the decision by the Supreme Court Berlin against Gema in particular which left many publisher members of SUISA in a state of uncertainty, as it rather specifically affects the participation of...read more