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How SUISA distributes fees collected for background entertainment

More than 100,000 companies in Switzerland use music, TV and films for background entertainment purposes. For these usages, the companies pay a fee based on Common Tariff 3a to authors, publishers, performers or producers. How and to whom are these revenues paid? Text by Giorgio Tebaldi

How SUISA distributes fees collected for background entertainment

Considered by many to be part of the pub atmosphere just like teak furniture or dartboards: premier league games on the telly. Producers of the broadcasts have the right to receive a remuneration for usages outside domestic and private circles or home life. (Photo: Nomad_Soul / Shutterstock.com)

Just like lighting or decoration, suitable background music is an important contributing factor to make customers and guests feel good in a shop, hairdresser or restaurant. Plus, live transmissions of a football or cricket match are equally part of the interior décor of a pub, just like dark furniture, wooden shields and the dartboard.

Similar to the obligation to pay makers of the furniture, the decoration or the lighting, composers, lyricists, performers, scriptwriters or producers are entitled by law to receive a remuneration for the use of their works and performances outside the private circle. The five Swiss collective management organisations Pro Litteris, SSA, SUISA, Suissimage and Swissperform are responsible for this task. SUISA collects the remuneration for the use of music, films and TV broadcasts pursuant to the Common Tariff 3a (CT 3a) on their behalves.

What does SUISA do with the collected money from background entertainment?

The first step is that the collected money is split among the five Swiss collective management organisations based on a fixed distribution key. The SUISA share for the coverage of music contents is slightly more than half of the income. Each society is then responsible in a second step to pay out these collected fees to authors and artists, publishers and producers.

In the case of SUISA, 88% of the above-mentioned fifty percent is distributed to the rightsholders. This means that of the CHF 100 that were collected, CHF 88 are paid out to creators and their publishers.

How and to whom are these revenues paid? SUISA usually knows three different possibilities of distribution: direct distribution, blanket distribution with programme material and blanket distribution without programme material (see box). Programme material consists of lists with the works which were performed or broadcast.

In the case of the CT 3a, the money is nearly exclusively paid by way of a lump-sum without programme material. Submitting and processing the work lists in this category would be linked to an enormous effort for customers and SUISA alike, and they would be in no proportion to the actual benefit. Instead, SUISA uses the programme material already available from various sources to allocate the collections made on the basis of the CT 3a. SUISA ensures during this process that lists and/or usages are considered for this allocation, enabling that the remuneration is distributed as fairly as possible.

A distribution which is as fair as possible – even without a list of the performed works

Based on empirical data there are cases where it is assumed that a major part of the companies, shops, restaurants etc. uses works which are also broadcast on the radio, resp. TV. Accordingly, a major part of the income from CT 3a is allocated on the basis of the programme material for the use of music, TV broadcasts and films from radio and TV transmissions. SUISA also takes into account that not just pop, rock or urban is played but also other genres such as traditional or folk music and even church music. A part of the collections is thus also distributed on the basis of programme lists for church performances, brass music or yodelling clubs.

In order to distribute the money to the creators and artists, it is thus allocated to other similar distribution categories for performing and broadcasting rights (see distribution rules, Art. 5.5.2).
Should a member receive a payment from one of these distribution categories, it also receives a share from the income for background music entertainment from CT 3a.

In some exceptional cases in background entertainment, there is a direct accounting process for the distribution of collected fees. This happens, for example, for music which is used in a museum for an exhibition, or music which is used in a company’s phone loop for a longer period. In such cases, the music in question is usually commissioned.

SUISA distributes four times a year. In 2018, more than CHF 132m were paid out to composers, lyricists and publishers of music.

Types of distribution and distribution categories

SUISA distributes the collections from authors’ rights in three different ways:

  1. In a direct accounting scenario, copyright remuneration can be allocated directly across the available lists of works that have been performed. This is also possible for concerts, for example: If songs of five co-authors are performed during a concert, these five rightsholders receive the fees collected for this concert.
  2. In the case of a blanket distribution with programme material, copyright remuneration is calculated on the basis of a point value. For SRG broadcasts, for example, SUISA receives a lump-sum payment on the one hand and detailed broadcast reports on the other hand. The broadcast reports include details on how many seconds of music have been transmitted in total, plus the exact duration of each work. A point value per second is determined based on these details and the remuneration is paid to authors and publishers of the played works.
  3. A blanket distribution without programme material takes place when it comes to collections based on tariffs where there is no information provided on the works that have actually been used, or if that information cannot be established. The distribution of such income is made on the basis of available programme material from several sources. The exact allocation of the money is specified in the SUISA distribution rules in detail.

The collected revenue is distributed on the basis of distribution categories. The latter correspond to various usages, e.g. music in concerts, on radio and TV channels of the SRG, or private broadcasters, in churches etc.

Details can be found in the SUISA distribution rules.

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More than 100,000 companies in Switzerland use music, TV and films for background entertainment purposes. For these usages, the companies pay a fee based on Common Tariff 3a to authors, publishers, performers or producers. How and to whom are these revenues paid? Text by Giorgio Tebaldi

How SUISA distributes fees collected for background entertainment

Considered by many to be part of the pub atmosphere just like teak furniture or dartboards: premier league games on the telly. Producers of the broadcasts have the right to receive a remuneration for usages outside domestic and private circles or home life. (Photo: Nomad_Soul / Shutterstock.com)

Just like lighting or decoration, suitable background music is an important contributing factor to make customers and guests feel good in a shop, hairdresser or restaurant. Plus, live transmissions of a football or cricket match are equally part of the...read more

Wanted: New member for the Distribution and Works Committee

How are collections distributed to authors and publishers? Who receives how much and from which usages of their works? Such questions are the focal points of the specification of duties of SUISA’s Distribution and Works Committee. In this governing body, suggestions are worked out which influence the allocation of the collections. Are you interested in co-determining the business and to sit on the committee? If that’s the case, we look forward to your application by 30 November 2019. Text by Regula Greuter

Wanted: New member for the Distribution and Works Committee

The members of the SUISA Distribution and Works Committee are elected by the General Assembly. (Photo: Sibylle Roth)

Due to the stepping down of a member of the Distribution and Works Committee (DWC), a new member needs to be elected during SUISA’s next General Assembly at the Bierhübeli in Berne on 26 June 2020.

So that the weighting of the various categories is safeguarded, the interested candidate should come from the publishers’ ranks.

Are you interested in co-determining SUISA’s future? Would you like to have the opportunity to directly influence the business activities of SUISA and to help steer the business? If that’s the case, please apply for this vacant position!

Candidates’ requirements

If you are a SUISA member with an active and passing voting right, you fulfil one of the requirements for a candidacy. You should understand the future impact of decisions taken today and not only represent your own interests but also those of other authors and publishers. The DWC meetings take place twice a year, in Berne, which means that you need to cater for one day per meeting (including travel to and from the venue and a joint lunch). The preparation time for such meetings includes the thorough study of the meeting documents which are made available electronically.

Who or what is the Distribution and Works Committee?

The DWC is a committee of the SUISA General Assembly and consists of 22 members who represent all music genres, regions and languages of Switzerland and the Principality of Liechtenstein. Composers, music publishers and lyricists sit on the committee. Finally, a balanced age and gender mix is also paramount.

You can see a list of the current committee members on the SUISA website.

Duties of the DWC

The Distribution and Works Committee is dealing primarily with questions on the distribution which is governed by the distribution rules. It performs the following duties:

  • Checks the provisions of the Distribution Rules and their implications on distribution proceeds;
  • Proposes amendments to the Distribution Rules to the Board;
  • As a first instance, handles appeals against Executive Committee decisions on the classification of broadcasting programmes, copyrightability of works and arrangement of non-protected works;
  • Evaluates in an advisory capacity unauthorised adaptations of protected works and cases of plagiarism.

Are you interested in a candidacy? If that’s the case, we look forward to your application by 30 November 2019.

SUISA, Mercedes Molina, Bellariastrasse 82, CH-8038 Zürich
E-mail: mercedes.molina (at) suisa (dot) ch

If you need any further information, please contact Ms Irène Philipp Ziebold, COO: 044 485 68 00

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How are collections distributed to authors and publishers? Who receives how much and from which usages of their works? Such questions are the focal points of the specification of duties of SUISA’s Distribution and Works Committee. In this governing body, suggestions are worked out which influence the allocation of the collections. Are you interested in co-determining the business and to sit on the committee? If that’s the case, we look forward to your application by 30 November 2019. Text by Regula Greuter

Wanted: New member for the Distribution and Works Committee

The members of the SUISA Distribution and Works Committee are elected by the General Assembly. (Photo: Sibylle Roth)

Due to the stepping down of a member of the Distribution and Works Committee (DWC), a new member needs to be elected during SUISA’s next General Assembly at the Bierhübeli in Berne on...read more

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.

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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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Leave a Reply

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

Your email address will not be published.

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

The 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. Text by Fabian Niggemeier

The first year of SUISA Digital Licensing AG

The first business year of SUISA Digital Licensing AG was influenced by negotiations with many music service providers, successfully and jointly held with the SESAC Digital Licensing AG. (Photo: MichaelJayBerlin / Shutterstock.com)

By launching the subsidiary company, in short SUISA Digital, SUISA has outsourced cross-border and international online licensing in its entirety. SUISA is, from now, only responsible for the licensing of music uses on homepages and music services which only address a Swiss audience.

SUISA Digital’s responsibilities

SUISA has, for nearly six years, issued pan-European licences for online uses. In other words, the rights of SUISA members in the online world are not granted just for Switzerland, but directly for the whole of Europe. Thanks to the outstanding IT systems in this sector, SUISA was able to significantly increase the income of its members.

Another step followed in 2017: SUISA founded the Joint Venture, Mint Digital Services, with US collective management organisation SESAC. Until then, SUISA negotiated agreements with internet music providers (music service providers, abbreviated to MSPs) and managed the agreements itself upon their conclusion. With the creation of the Joint Venture, these two fundamental activities were split and outsourced. Mint Digital Services is responsible for the administration of the agreements i.e. the technical processing and invoicing in the name of the rights holders, whereas SUISA Digital is responsible for market monitoring, market penetration and the negotiation of the agreements. By way of another new introduction, the territory where the agreements apply was extended from Europe to nearly the whole world.

SUISA Digital is thus building a global licensing system and also offers this system to third parties. Collective management organisations from other countries can instruct SUISA Digital just like publishers can (for their Anglo-American repertoire), or authors from all over the world. That way, a cost-efficient management of rights can be ensured in the best possible manner.

Joint licences

SUISA Digital does not pursue this task by itself. It is in the interest of the rights holders as well as the MSPs to structure the negotiations in as efficient a manner as possible. That means to cover and govern as many rights as possible with as few agreements as possible. For this reason, SUISA Digital offers all MSPs to extend their agreements to the repertoire of SESAC Digital Licensing AG (in short: SESAC Digital). Provided that the MSP agrees, SUISA Digital and SESAC Digital jointly lead the negotiations and bundle their repertoire into a joint licence.

This is in the interest of the MSPs since it means they have to undertake less negotiation efforts, but also in the interest of SUISA Digital and SESAC Digital since a highly interesting “package” can be offered to the providers by joining up the repertoires. The advantage of this package is also that it does not just contain compositions which are used in Switzerland or Europe but also create a high demand globally.

The negotiations

At the end of 2017, a small but motivated team only focussed on preparing the negotiations. A multitude of information and figures had to be gathered and linked. Designing the agreement for areas outside Switzerland and Europe presented some challenges to the negotiation team. The parties agreed that the price of music should be linked mainly to the local significance of the music and the local buying power. It can thus be ensured that an adequate remuneration can be invoiced which remains affordable to the consumers.

Economic deliberations also made it clear that the big MSPs had to be approached first. The six biggest providers are responsible for 80% of the turnover. This statistical average does, of course, not apply for the music of all members: Those who are active in a specific music genre will at best have a bigger turnover on the platforms that focus specially on that genre. It was nevertheless paramount to prioritise the providers in line with their market share; knowing that certain big providers would be among the negotiation partners that would be harder to deal with.

Involving a mix of consistency, comprehension and rigour it was possible to make good progress in the negotiations. After twelve months, agreements could be entered into with all big MSPs or the negotiations are close to being concluded. Since these agreements are now ‘safe’, the next task is to complete the market penetration.

Until now, agreements with the following providers were jointly entered into with SESAC Digital:
YouTube, Spotify, Apple Music, Apple iTunes, Google Play, Deezer, Beatport, Facebook, Soundcloud, Melody VR, and Qobuz.

Joint negotiations are underway with the following providers:
Amazon, Napster, Tidal, Juke, 7Digital, dailymotion, Mixcloud, Red Karaoke, Soundtrack your Brand, What people play, Anghami, Auro, Bleep, Emoticast, Idagio, Smule, Xtendamix, Yousician, Better Day Wireless, DJ City, Juno, Linn Record, Musically, Recisio und Radionomy.

Add to that another approximately 20 MSPs from which feedback is due, as well as about 10 MSPs which are only active on a national level in the selected territories.

Distribution

As mentioned at the outset, the relevant agreements are processed and administered by the Joint Venture Mint Digital Services. The distribution of the income is, however, done by SUISA Digital and SUISA. A minimum of six months lies between the usage period and the distribution. The reason for this is that we do not represent the global repertoire, compared to the traditional offline sector. We can thus not invoice everything and then distribute, but only what we identify.

In this context, we depend on the collaboration by our members: The quicker they notify us of their works, the faster we can generate the invoices. For this reason, we are waiting between 60 and 100 days before we process the reports, depending on the MSP. That way, we can ensure that the majority of the new works and thus works with the highest usage levels has been registered and can be distributed by us. The distribution of the income is then made, at the latest, in the quarter after the payment from the MSPs has reached us.

There are going to be bigger settlements in due course. Since all agreements had to be renegotiated, no invoices could be sent out during the ongoing negotiations. In the cases of Spotify or Deezer, this led to the fact that the uses of the entire year 2018 were only invoiced at the beginning of 2019.

Outlook

During the second business year, SUISA Digital is going to focus firstly on achieving a coverage of the internet music market which is as complete as possible. Secondly, it is paramount that new markets, also outside of Europe, will be opened up and to ensure that SUISA members receive the remuneration they are due from anywhere in the world. For this purpose, we are constantly collaborating with Mint to improve systems and processes in order to continue providing our members with the best possible services in future.

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  1. Walter Thut says:

    Guten Tag,
    einen Fall welcher mich und andere von der SUISA vertretene Komponisten betrifft, und die oben genannten Zeitverschiebungen bei den Abrechnungungen fuer Urheber stark in Frage stellt, moechte ich gerne hier beschreiben:

    Die Urheber des bei dere SUISA angemeldeten Songs BACK TO THE DIRTY TOWN haben viele Millionen Clicks uf Youtube, und viele Screenshots Belege dass dieser Song seit 2017 z.B. in der Schweiz, Frankreich und den USA dauernd Webungen vorgeschaltet hat.

    Leider haben die Urherber von der SUISA noch keine einzige Ueberweisung erhalten. Obwohl die SUISA uns vor mehr als einem Jahr bestatigt hat, dass sie cies Clicks auch erfasst haben, und dass wir Verguetungen von der SUISA bis spaetestens Ende 2018 bekommen werden, haben wir noch keine einzige Abrechung dazu, und keinen einzigen Rappen ueberwiesen erhalten.

    Bei unserem digitalen Vertrieb funktioniert hingegen die Abrechnung sehr gut, und liegt bei mehreren Tausend CHF pro Jahr.

    Was stimmt hier nicht?

Leave a Reply

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

Your email address will not be published.

A 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. Text by Fabian Niggemeier

The first year of SUISA Digital Licensing AG

The first business year of SUISA Digital Licensing AG was influenced by negotiations with many music service providers, successfully and jointly held with the SESAC Digital Licensing AG. (Photo: MichaelJayBerlin / Shutterstock.com)

By launching the subsidiary company, in short SUISA Digital, SUISA has outsourced cross-border and international online licensing in its entirety. SUISA is, from now, only responsible for the licensing of music uses on homepages and music services which only address a...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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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

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

131.4m Swiss Francs for composers, lyricists and publishers

It was with satisfaction that members of the SUISA Board approved the results of the previous year during their meeting at the end of March 2017. The total turnover was 3.2% higher than that of the previous year. An overall amount of CHF 131.4m can be paid out to rights holders. The Board has, in addition, decided that a supplementary distribution of 7% shall be carried out on top of all regular distributions in 2018. Report from the Board by Dora Zeller

131.4m Swiss Francs for composers, lyricists and publishers

SUISA managed to yield a total turnover of CHF 159.2m in 2017, including secondary income. Due to the positive outcome, composers, lyricists and publishers receive CHF 2.5m more in royalties for their artistic performances than in the previous year. (Photo: Tabea Hüberli)

Apart from the delightful business result, the Board also received reports on the distribution of the collections of the last year in its meetings in March. As such, CHF 21m were paid to authors and CHF 38.7m to publishers. Transfers to sister societies amounted to CHF 53m.

Further distribution topics featured on the agenda: On the one hand, the Board decided that a supplementary distribution of 7% shall be carried out on top of all regular distributions in 2018. On the other hand, the governing body determined a minimum amount for the distribution of the collections from exploitations by broadcasters. Pursuant to the distribution rules, the distribution per private broadcaster follows the ratio of the licence fee that these broadcasters pay. The prerequisite for this is that the licence fee collected from the broadcaster must be higher than the amount determined by the Board each year. Furthermore, the station logs must be submitted electronically. Last year, the Board had lowered the minimum amount from CHF 15,000 to CHF 5,000. The Board took the decision to maintain this threshold.

General Assembly of SUISA on 22 June 2018 in Berne

The Board members also dedicate a lot of time to the preparation of the General Assembly. It takes place on Friday, 22 June 2018, in Berne. Apart from statutory business, the revision of the Articles of Association is an item on the agenda for the GA. The Articles of Association shall be adapted to the provisions of the EU Directive, which have been implemented into national law in Liechtenstein. Furthermore, such an adaptation is important so that SUISA can continue to carry out cross-border licensing of online usages within the European Union.

A synoptic representation of the changes to the Articles of Association will be posted to the members who are entitled to vote together with the invitation for the GA. The notes to the invitation include further details on the reasons for the intended changes to the provisions. One important issue is the duty to provide members with a complaints procedure. SUISA therefore plans to set up a Complaints Committee. The Board will propose the designated persons to the General Assembly for election.

Further elections are due for the Distribution and Works Committee. Guido Röösli retires and the Board has nominated Natalie Riede for the seat that has become available. She is a young publisher and represents the Swiss electronic music scene.

Mint Digital Services, the joint venture

The Board turned to the international stage with regards to the subject Mint Digital Services. A representative of US partner SESAC explained to Board members what it would take – in his opinion – to be successful in a competitive environment: Tenacity and negotiating skills, paired with intelligent IT software and high data quality are, from his point of view, the necessary tools. These qualities are combined under the joint venture Mint which was launched last year.

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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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It was with satisfaction that members of the SUISA Board approved the results of the previous year during their meeting at the end of March 2017. The total turnover was 3.2% higher than that of the previous year. An overall amount of CHF 131.4m can be paid out to rights holders. The Board has, in addition, decided that a supplementary distribution of 7% shall be carried out on top of all regular distributions in 2018. Report from the Board by Dora Zeller

131.4m Swiss Francs for composers, lyricists and publishers

SUISA managed to yield a total turnover of CHF 159.2m in 2017, including secondary income. Due to the positive outcome, composers, lyricists and publishers receive CHF 2.5m more in royalties for their artistic performances than in the previous year. (Photo: Tabea Hüberli)

Apart from the delightful business result, the Board also...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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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.

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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Leave a Reply

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

Your email address will not be published.

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