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Livestream licensing by SUISA

Driven by the pandemic, livestreaming of the most varied forms of events has grown in significance. Thanks to this technology, it is possible to share an event with a virtual audience despite the applicable bans and restrictions. This article outlines SUISA’s licensing practice and terms and conditions for livestreams. Text by Martin Korrodi

Livestream licensing by SUISA

A concert in your living room: organisers who air an event with music in real time over the internet must register and license the livestream with SUISA. (Photo: Scharfsinn / Shutterstock.com)

During the pandemic, dance and fitness courses, religious services, general meetings, and ever more concerts were recorded on the internet and aired as livestreams in replacement of disallowed live events. In October 2020, a virtual concert of the South Korean boy-group BTS attracted over 900,000 fans worldwide and brought in revenues of USD 44m.

These online events regularly fuel debate in the media, as well as between music creators and, naturally, the organisers of livestreaming events. More often than not, discussions revolve around the licensing terms and conditions for the necessary livestreaming rights.

What is a livestream?

A livestream is an event that is aired individually and in real time over the internet. The audience can log in at the start of the event and follow the event live – for free or for a fee. Livestreams should be distinguished from on-demand offers where spectators can choose to view the content at the time of their choice. Moreover, a livestream is not a broadcast, where contents are also transmitted in real time, but as programmes in a succession of broadcasts and not as individual events. A livestreaming licence is required for any individual event that is simultaneously recorded and streamed over the internet where the audience cannot freely choose when to view it.

Livestream licensing conditions are based on performance tariffs

Since streamed events are generally events that could just as well be staged live in the presence of an audience or performed by way of replacement for such events, the licensing terms are based on the terms and conditions of the relevant performance tariffs. Accordingly, the same percentage rate will apply to a streamed concert as that applied to a concert performed with a physical audience under Common Tariff K (CT K). Proceeding by analogy with the performance tariffs ensures that organisers of virtual and physical concerts are treated on an equal footing since their events tend to be reciprocal substitutes.

Licensing conditions distinguish between different categories: concerts, DJ sets, shows and ballet performances, and theatrical plays. The relevant rate is applied to revenues or costs as provided in the performance tariffs (CT K and CT Hb). Also in accordance with the latter, rates are adjusted proportionately with the duration of the protected music used (pro rata temporis rule). In addition to these categories, other classes of events, such as sports events, evening entertainment, seminars, religious services, events in homes and hospitals, etc. are grouped under “other events” – in this case, a flat rate of 2% of gross revenues or costs is applied.

If revenues are less than the gross cost, or if there are no revenues, the above rates are applied to total costs. As in the case of the performance tariffs, music-related gross costs are deducted. These costs consist of the following: musicians’ fees and expenses, rental of sound and recording equipment (microphones, mixing console, camera, etc.), instrument rental, and rent for the location.

Events with an audience that are additionally streamed

Live events are often staged with a small physical audience and simultaneously aired over the internet to extend their reach. In such cases, the organiser will need a “normal” licence for the performance rights and an additional licence for the livestream. As a rule, this means that, in addition to the fees charged under the performance tariff, the minimum fee CHF 40 will be charged for the livestream, since the revenues or costs of the event are already taken into account in the performance licensing fee. However, if the livestream generates separate revenues, the licence fees for the livestream will be charged on that basis.

Viewing streams after the live event

Many livestream organisers leave recordings of the stream on the internet for a certain period time after the live event; these recordings can be subsequently called up and viewed by people who missed the livestream at the official time. Provided the livestream was properly declared and licensed, SUISA allows it to be stored for subsequent viewing for a flat fee of CHF 100 in the case of concerts and DJ sets – for all other types of events the flat fee is CHF 50.

What rights are covered by the licence?

For organisers established in Switzerland or Liechtenstein whose streams are primarily intended for a domestic (Switzerland and Liechtenstein) audience, SUISA can licence the rights for the world repertoire. In the case of international organisers whose streams are intended for audiences including Switzerland and Liechtenstein, SUISA can licence the world repertoire for uses in our territory; in this case, the licence fees will be calculated only on the basis of the sales realised in Switzerland and Liechtenstein.

In the livestream area, SUISA only manages authors’ musical copyrights. For all other rights, e.g. neighbouring rights or synchronisation rights, users should contact the relevant rightholders.

Livestreams with music must be registered with SUISA

Please refer to our website for the licensing terms and conditions, application form, and further information about livestreams:
www.suisa.ch/en/customers/online/video/live-streams.html

To complete your application, the following information is required:

  • customer’s contact particulars
  • category of the livestream
  • livestream particulars title, duration, date, website URL, number of views
  • total revenues
  • (gross) costs
  • Will the event be recorded and stored for subsequent viewing? (yes/no)
  • list of musical works contained in the livestream

A licence is also required for livestreams produced via an external platform and embedded on your own website (e.g. Facebook Live, Instagram Live, Youtube Live or Twitch).

The rules governing current temporary exceptions in the livestream area proceeding from federal measures to combat the corona pandemic are also published on our website:
www.suisa.ch/en/suisa/measures-corona-pandemic/information-for-customers.html

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Driven by the pandemic, livestreaming of the most varied forms of events has grown in significance. Thanks to this technology, it is possible to share an event with a virtual audience despite the applicable bans and restrictions. This article outlines SUISA’s licensing practice and terms and conditions for livestreams. Text by Martin Korrodi

Livestream licensing by SUISA

A concert in your living room: organisers who air an event with music in real time over the internet must register and license the livestream with SUISA. (Photo: Scharfsinn / Shutterstock.com)

During the pandemic, dance and fitness courses, religious services, general meetings, and ever more concerts were recorded on the internet and aired as livestreams in replacement of disallowed live events. In October 2020, a virtual concert of the South Korean boy-group BTS attracted over 900,000 fans worldwide and brought...read more

A worthy result despite Covid

2020 was an annus horribilis for many music creators. Concerts and other events were by and large prohibited. Most organisers, artists and authors thus lost a large part of their income. Thanks to the good performance in other areas and to its prompt action, SUISA managed to contain the financial damage for many entitled parties. Text by Andreas Wegelin

A worthy result despite COVID

Concerts were hardly possible from February 2020 onwards. However, thanks to an increase in the online sector, SUISA’s annual result turned out relatively good. (Photo: Oleksii Synelnykov / Shutterstock)

After being hit by the Covid pandemic, the world went into a state of shock. The pandemic impacted – and continues to impact – large segments of the economy. The cultural sector, and music creators as part of it, were hit especially hard. “First to close, last to open”. Creators and organisers were the first to be affected by the shutdowns and restrictions, and they will be the last able to fully resume their work.

Needless to say, the difficult situation for the cultural sector also affected SUISA’s annual results. After all, in the past, performance rights, i.e. revenues from concerts and other performances, music usage in businesses and restaurants, and music for parties, accounted for 35% of SUISA’s rights administration revenues. After nearly all events were prohibited in March 2020, it was clear that SUISA’s revenues – especially from performance rights – would fall short of the prior year’s. It was hard to predict, however, how steep the downturn would be, and whether revenues from other rights would also be adversely affected.

The steep downturn in revenues from performance rights was partially compensated by other rights revenues

As it fortunately turned out, SUISA’s turnover was less severely impacted than had been feared. Last year, SUISA recorded total revenues, domestic and international, of CHF 138.5m: this is 12% less than the prior year (CHF 155.2m). As expected, the shortfall in performance rights accounted for greater part of the downturn: while in 2019, revenues from performance rights had attained CHF 51.2m, in 2020 they only reached CHF 34.4m, i.e. 34% less.

SUISA managed to make up for this shortfall in other areas. Revenues from broadcasting rights increased slightly – from CHF 63.6m in 2019 to CHF 64.3m in 2020. Downturns that had been feared, for example in advertising revenues from TV and radio broadcasts following the cancellation of many large events, failed to materialise.

Positive trend in online business thanks to SUISA Digital Licensing and Mint

The trend in revenues from online uses was extremely positive: online revenues climbed from CHF 8.8m in 2019 to CHF 11.4m last year. This was especially thanks to the growth in revenues realised by SUISA’s subsidiary SUISA Digital Licensing. The latter succeeded in acquiring a number of new customers including foreign sister societies and music publishers, and also managed to negotiate improved contract terms with online providers of streaming and downloading platforms.

This satisfactory development in the online area is all to the benefit of the authors and publishers whose works are increasingly streamed on the various platforms. Even Mint, the joint venture with the US society SESAC, continued its expansion last year as a provider of services to various music publishers and foreign sister societies.

SUISA has responded to the crisis

The fact that, from the outset of the pandemic, SUISA responded promptly – with a view to cutting costs on the one hand, and to distributing as much as possible to authors and publishers on the other – also contributed to the relatively good year.

Projects that were not urgent were deferred or even cancelled and, wherever possible, staff departures were not replaced. Certain expenditures, such as sponsoring contributions and travel expenses, disappeared anyway because of the pandemic. And SUISA did everything possible to invoice all and every use of music – including those pertaining to prior years – and collect the revenues. At a time when nearly all performances have been barred, the royalties from SUISA are more important than ever for many music creators.

Supplemental distributions from released settlement liabilities

In 2021, SUISA was again able to allocate a supplemental distribution of 7% on all settlement amounts from the released provisions for settlement liabilities which could not be distributed after five years in absence of the necessary information on the entitled parties.

Understanding for customers

Its efforts to collect the greatest amount in revenues does not mean, however, that SUISA is blind to the circumstances of its customers. On the contrary: precisely in the case of the inns and restaurants which were severely affected by the shutdowns ordered by the authorities, SUISA demonstrated goodwill with regard to invoice payments, granting extended payment terms for example, and permitted refunds to customers who had made down payments but had no music usage in the period. Ultimately, it is in the interest of SUISA and its members to ensure that businesses, organisers, and other music users survive and continue to use music. After all, there will be a time after the Covid-pandemic, and SUISA must do its utmost to ensure that, in that future, it can continue to distribute the largest possible amount in royalties to the authors and publishers of music.

SUISA’s detailed 2020 results can be found in the 2020 Annual Report, in which this article (on pages 9/10) also appeared: www.suisa.ch/annualreport

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2020 was an annus horribilis for many music creators. Concerts and other events were by and large prohibited. Most organisers, artists and authors thus lost a large part of their income. Thanks to the good performance in other areas and to its prompt action, SUISA managed to contain the financial damage for many entitled parties. Text by Andreas Wegelin

A worthy result despite COVID

Concerts were hardly possible from February 2020 onwards. However, thanks to an increase in the online sector, SUISA’s annual result turned out relatively good. (Photo: Oleksii Synelnykov / Shutterstock)

After being hit by the Covid pandemic, the world went into a state of shock. The pandemic impacted – and continues to impact – large segments of the economy. The cultural sector, and music creators as part of it, were hit especially hard. “First to...read more

Music in companies: What to bear in mind

Music plays an important role in many businesses. It creates a pleasant atmosphere for customers, guests, and employees, it enhances advertising messages, and is an important part of corporate events. The rights to use music are easy to obtain from SUISA. Depending on the type of use, different tariffs and rates apply. Text by Liane Paasila, Martin Korrodi and Giorgio Tebaldi

Music in companies: What to bear in mind

By playing the right background music in your shop, you assure your customers a pleasant shopping experience and may even influence their buying behaviour. (Photo: Tana888 / Shutterstock.com)

Companies are aware of the impact music has on their business. Retailers employ professional sound companies to offer their customers a pleasant shopping experience – and encourage them to buy your products. Medical practices play soothing background music to help their patients relax – none wants to listen to heavy metal during a medical examination or treatment. And commercials too only work with the right music, often specially commissioned. In short, there are any number of examples of the ways in which music can contribute to the success of a business.

Remuneration for composers, lyricists, and publishers

It follows that those who compose the music and write the lyrics – the authors – are entitled to payment. This is done through SUISA, which grants licences for the different music uses and collects the fees in exchange. The amount of the licence fees depends essentially on the value status of the music in the corresponding use. For example, in the case of a symphonic concert, which one generally attends just for the music, the fees will be higher than for the background music in the waiting room at the doctor’s where listening to music is not the main purpose of the visit.

Music from all over the world thanks to SUISA

The tariffs for the different music uses are negotiated at regular intervals between SUISA and the associations of users (e.g. Gastrosuisse for music uses in the hospitality industry); they are jointly set, and then approved by the Federal Arbitration Commission for Copyrights and Neighbouring Rights.

And because SUISA represents the entire world repertoire in Switzerland and Liechtenstein, a licence from SUISA allows the holder to use virtually any music, from anywhere the world over. SUISA distributes the proceeds worldwide to the authors and publishers of the music thus used. For each CHF 100 it collects, SUISA distributes CHF 87 to music authors and publishers.

SUISA issues licences to over 120.000 users, including radio and TV broadcasters, concert organisers, clubs, cafés and restaurants, event and party organisers, shop owners, and online music services. This year, SUISA is planning to conduct a targeted market campaign covering music uses in businesses and will be contacting potential customers directly with its offerings.

Music uses in companies

Three of the most common music uses in businesses are explained below:

1. Background music in sales rooms and offices

In Switzerland, over 100,000 businesses play music via different technologies to create the desired atmosphere on their premises – sales rooms, offices, waiting rooms, etc. In company cars, when on hold, or in the lift, music entertains your customers and employees. Various studies show that music also serves to steer consumer behaviour.

Such uses of music in businesses qualify as public uses and are subject to a fee. Businesses accordingly pay a fee under Common Tariff 3a (CT 3a) to the authors, publishers, artists, or producers. “Common” means that in addition to covering the copyrights managed by SUISA, the tariff also covers those of the other copyright administration societies like Swissperform (for performing artists and producers) and Suissimage (for film creators). SUISA acts as central collecting agent for this tariff on behalf of all the Swiss collecting societies and distributes their share of the collected revenues to the authors and publishers of the music.

Examples of background music uses (CT 3a)
Where?
• Office premises (e.g. common rooms, offices, meeting rooms)
• Sales areas (e.g. sales rooms, restaurants, inns and hotels)
• Company vehicles
• Lines on hold
• Museums, exhibitions
• Medical practices (patient rooms, surgeries, waiting rooms)
How?
• Retransmission of radio broadcasts and music recordings
• Retransmission of TV broadcasts and films (film projections with announced time and venue; public viewings on giant screens with a diagonal exceeding 3 metres are regulated separately).
• Operation of interactive multimedia terminals
Further information background music uses (CT 3a)
CT 3a portal
SUISA website, about CT 3a: www.suisa.ch/3a
Distribution of CT 3a revenues:
www.suisablog.ch/en/how-suisa-distributes-fees-collected-for-background-entertainment/

2. Videos and films with music on the Internet

Ever more businesses are relying on digital formats to reach their customers through professional websites or contributions to social media. Digital communication is important to reach and maintain a connection with customers and other target groups, and not only in extra-ordinary times like during this pandemic. Videos with a musical backdrop play an essential role in this regard, contributing to make a product or service more appealing to customers.

Persons wishing to use a music recording in a video must first understand the distinction between the two types of licensable rights, namely:

  • on the one hand, the rights in the audio recording which are held by the record label;
  • on the other, the copyrights in the work itself, i.e. the composition and lyrics, if any, which are held by the music publisher and/or the authors.

The record label is responsible for the neighbouring rights in the audio recording. In the case of a video recording with music, permission and licences for the synchronisation and re-recording of the recording must be obtained from the label.

For the author’s rights in the work, the music publisher and SUISA are responsible. SUISA grants licences for the reproduction of the work as part of the video production, and for the making available of the work in the video on an own website and/or on social media platforms. The music publisher grants the licence for the synchronisation right in a work. To publish a video with a musical backdrop, one must first contact the publisher and ask whether the song can actually be used in a video.

The licensing procedure is basically the same for any company. For smaller firms with no more than 49 employees and annual turnover up to CHF 9 million, SUISA offers an all-in solution with its partner Audion. You can purchase a licence covering both the author’s rights and those of the label/producer for an annual fee of CHF 344. Thanks to this all-in arrangement, small businesses may use as many short videos with music as they wish to promote their image, products, and services on their website and social media profiles. This arrangement ensures easy access to a licence for the use of music protected by copyright.

Further information about the use of videos with music on websites
Customer portal Music on websites
FAQs:
www.suisa.ch/en/customers/online/music-on-the-internet-for-small-businesses/questions-answers.html
SUISAblog articles about the all-in arrangement:
www.suisablog.ch/en/collective-management-is-a-service-for-music-creators-and-music-users-alike/

3. Music for company events

Christmas parties, general meetings, product presentations – music is often an important component of company events. These are licensed under Common Tariff Hb (CT Hb) which regulates music for dance and entertainment outside the hospitality industry. CT Hb applies to live performances: a band hired for the Christmas party, for example, or a DJ at a staff party, as well as events with musical intermissions such as general meetings, or company events organised for customers.

In terms of rates, the tariff distinguishes between small and large events. Small events are those organised in venues with a capacity of up to 400 people. The fees here are flat fees, per day and per event, depending on the number of persons attending. In the case of large events, since companies do not generally sell tickets for admission, tariff rates are calculated based on the costs sustained in connection with the use of the music. These costs typically consist of the artists’ fees and expenses, instrument rental fees, and the rent charged for the venue. If admission is charged, other calculation bases may apply.

The tariff also provides for a number of discounts – for example, for companies that conclude a contract with SUISA under CT Hb for all their events, or which organise more than 10 events per year.

Companies in the hospitality industry
Inns, pubs, and restaurants:
For entertainment and dance events in restaurants and the like, the applicable tariff is CT H, not CT Hb. CT H applies to the same events as CT Hb, but because of the association with food and beverage, another calculation model is used which takes into account the price of the cheapest alcoholic beverage in addition to the number of persons attending and the admission price.
Hotels:
It is not always clear for hotels what surface areas to use as the calculation basis, so the following should be helpful: CT 3a also applies to the surface area of hotel rooms. SUISA often receives reports from hotels where the surface areas of the rooms have not been included in the total usage area. For hotel rooms, depending on the total area concerned (rooms and common rooms), an additional fee is charged on top of the base fee (Common Tariff 3a, section 6).
Further information about music events
Outside the hospitality industry, CT Hb:
www.suisa.ch/en/customers/organisers-of-events/events-parties/parties-and-other-dance-events.html
For the hospitality industry, CT H:
www.suisa.ch/en/customers/restaurants-hotels/clubs-bars-restaurants/djs-or-musicians.html
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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.

Music plays an important role in many businesses. It creates a pleasant atmosphere for customers, guests, and employees, it enhances advertising messages, and is an important part of corporate events. The rights to use music are easy to obtain from SUISA. Depending on the type of use, different tariffs and rates apply. Text by Liane Paasila, Martin Korrodi and Giorgio Tebaldi

Music in companies: What to bear in mind

By playing the right background music in your shop, you assure your customers a pleasant shopping experience and may even influence their buying behaviour. (Photo: Tana888 / Shutterstock.com)

Companies are aware of the impact music has on their business. Retailers employ professional sound companies to offer their customers a pleasant shopping experience – and encourage them to buy your products. Medical practices play soothing background music to help their patients relax –...read more

Ghost Festival – The big silence

The Ghost Festival, the biggest concert event ever to be held in Switzerland will take place over the next weekend. The line-up includes around 300 bands and artists. However: There are neither performances, nor music or light shows. The Ghost Festival which was conceptualised as an initiative of solidarity for the Swiss music scene, is emblematic for the disastrous situation creators and artists find themselves in during the corona crisis. SUISA supports the festival as a sponsor. It had a video interview with Baldy Minder, the co-organiser of the festival regarding the facts behind the non-festival. Text by Giorgio Tebaldi; Video by Nina Müller

The line-up of the Ghost Festival makes the heart of every Swiss pop and rock music fan beat faster: Established names such as Stephan Eicher, Patent Ochsner or Dodo are lined up next to the “young and wild ones” such as Crème Solaire, Annie Taylor or KT Gorique. Unfortunately, you will not get much more than their names. Music is something you will not find at this event, nor will there be brilliant live shows or the usual festival feeling with tents, catering stalls and queuing in front of mobile toilets.

The Ghost Festival is “the festival that does not take place”. It is not going to take place over the weekend of 27/28 February 2021.

Ghost matches in football were the inspiration for the Ghost Festival

Brought to life by a few Berne music lovers, the Ghost Club, the Ghost Festival is an initiative of solidarity for Swiss music creators and performers.  Baldy Minder, booker and manager of acts such as the Bern Hip-Hop-Kollektiv Chlyklass or the female rapper 11Ä is a member of the Ghost Club. In the backstage area of the Zurich concert venue “Exil”, he told us during the video interview what the basic idea of the Ghost Festival is: “There are ghost matches in football. And as a supportive football fan, you show your solidarity these days by renewing your season ticket even though the future is uncertain. And that is how the idea for the Ghost Festival came about.”

Music fans can buy tickets for the festival as follows: A one-day pass for CHF 20, a two-day pass for CHF 50 or a VIP ticket for CHF 100. And because it does not take place, the tickets are never sold out. Furthermore, there is a broad range of Ghost Festival merchandise from T-shirts to hats and caps or hoodies and jackets. The income thus made will be paid through to the artists as well as their bookers, light and sound engineers and others. This kind of money is more than just a nice little top up: In the current situation, the most important source of income for most of the music creators and artists – in the broadest sense – drops out: concerts. And this situation has been ongoing, apart from a few short periods of relief in the summer of 2020, for one year now. And an improvement is not in sight.

A hole of more than CHF 50,000 in the financial ledgers of the authors and publishers of music

This is also reflected at SUISA when it comes to the collections from performing rights which include concerts and festivals, among others. Based on the example of the Ghost Festival, this can be well demonstrated: Around 15,000 tickets have been sold so far for the festival. If this was a normal event, where artists perform their songs, the composers, lyricists and publishers of the performed works would receive more than CHF 50,000 in royalties. Since no music is played, this kind of income simply drop off.

Around 400 festivals take place in Switzerland each year, the country with the largest festival density worldwide. Most of these festivals had to be cancelled due to the corona pandemic last year. As a consequence, SUISA’s income for copyright arising from concerts in 2020 were more than 50% lower than in the previous year. In absolute figures, this is, compared to 2019, CHF 12m less which will be paid out to the music creators in 2020 from concert income. And this detrimental situation is going to last well into 2021 and probably also into 2022.

An initiative of solidarity also aimed at bookers, sound engineers, roadies and other participants

And these are only the collections for those who composed or wrote the lyrics to musical works or are in the publishing business. For musicians, there is also the loss of gig fees, which are usually much higher than the copyright royalties. Concert and festival cancellations are not just problematic for musicians: The crisis which has now been going on for about a year has also affected the people that make such a festival and concerts possible in general: Bookers, sound and light engineers, roadies, tour managers, merchandise salespeople, security staff or of course the concert promoters themselves.

“The idea is that it is not just the bands who benefit but also that there is a holistic promotion and support for people who work in this sector”, says Baldy Minder. “When bands are on the road, they have a tour manager, a light engineer or a sound engineer; bands who travel with instruments have stage hands who help to carry all the equipment. There are an awful lot of people involved who currently have very little to do, unfortunately, and thus much less income.”

100% of the ticket sales go to the music creators

That is why the artists and bands could name two additional people from their entourage who should also benefit from the income generated by the Ghost Festival. In total, this is about 1,300 people. “The collected monies will be distributed on a per capita basis and not on a per-band basis”, explains Baldy Minder. While 100% of the income from ticket and merchandising sales flow to music creators, a part of the sponsorship funds will be used to pay for the work of the organisers. “The partnerships enable us to pay our salaries”, says Baldy Minder.  And adds: “Whatever remains of the sponsorship funds will be allocated to the artists.”

One of the biggest challenges for the organisers was time management: The idea came about at the end of November 2020. There were just three months to carve out the biggest festival in Switzerland. Even if there are no performances in the end, there are some parallels between organising a ghost festival and a real festival, as Baldy Minder explains: “A major part is rather similar to a real festival. You have to make a booking, you initiate the entire promotion, social media and press campaign. You have a lot of contact with the bands. What you don’t have is the entire infrastructure. You do not have to build a fence, set up a stage and we do not have to organise a PA company. We also do not need security. We do not need to pay SUISA fees since nothing is going to happen from a copyright perspective, after all, you won’t hear a peep at the festival.”

Ghost sounds, if anything

The event organisers have also intentionally renounced on organising streaming concerts for the weekend. Baldy Minder says: “Many people are asking for streams, but no, there will simply be nothing this time, no music. It is now finally the time where you can lean back and give back.”

For the audience of the Ghost Festival that does not want the sounds of silence and is missing the music, there will be something to listen to after all, even if it is no music: “We will release an album. It won’t be a compilation but an album as “The Ghost Orchestra”, announces Baldy Minder. It will be released on 26/2/21, one day ahead of the festival.” It is going to be released as a CD – with a clear idea behind it, as Baldy Minder explains: “The CD is totally anti-cyclical, a little bit of a ghost which is slowly vanishing.” Most of the bands from the line-up will be included on the mysterious CD. And they are artists from all language regions of Switzerland. After all, the Covid-19 pandemic affects music creators across all of Switzerland.

SUISA is a partner of the Ghost Festival
The Covid-19 crisis heavily affects SUISA members. For that reason, SUISA acts as a sponsoring partner of the Ghost Festival, not just the Cooperative Society itself but also its staff members. Each ticket that is bought by the SUISA staff will be enhanced in value by the company: Each one-day ticket will be upgraded to a two-day ticket, each two-day ticket will be upgraded to a VIP ticket and for each sold VIP ticket the staff receive a second VIP ticket.Above and beyond that, SUISA will be reporting from the festival on the festival weekend and talk to some artists and organisers. More info will be available in the coming days on www.instagram.com/suisamusicstories.

 

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The Ghost Festival, the biggest concert event ever to be held in Switzerland will take place over the next weekend. The line-up includes around 300 bands and artists. However: There are neither performances, nor music or light shows. The Ghost Festival which was conceptualised as an initiative of solidarity for the Swiss music scene, is emblematic for the disastrous situation creators and artists find themselves in during the corona crisis. SUISA supports the festival as a sponsor. It had a video interview with Baldy Minder, the co-organiser of the festival regarding the facts behind the non-festival. Text by Giorgio Tebaldi; Video by Nina Müller

The line-up of the Ghost Festival makes the heart of every Swiss pop and rock music fan beat faster: Established names such as Stephan Eicher, Patent Ochsner or...read more

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

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

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

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

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

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

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

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

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

Cultural and creative industries are relevant

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

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

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

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

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

Anchoring cultural awareness more firmly

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

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

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

A joint strong voice for culture is necessary

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

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

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

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

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  1. Markus Hefti says:

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

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

      • Ndiaye says:

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

Leave a Reply

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

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

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

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

Legal consequences of concert cancellations for Covid-19

Regrettably, owing to the coronavirus, some musical events have had to be cancelled. What are the consequences of such cancellations for the artists and organisers concerned? Is the artist still entitled to the contractual fee? Text by Céline Troillet

Legal consequences of concert cancellations for Covid-19

Empty stages and concert halls: what is the legal situation regarding events cancelled because of Covid-19 restrictions? (Photo: Disq)

The coronavirus is a source of discomfort and uncertainty for us all. We must adapt as well as we can to these unprecedented circumstances since they are, for the time being at least, beyond our control. There are no clear answers to the health and economic issues that this crisis has raised, and there is great legal uncertainty. There are many outstanding questions.

Do you have a contract?

If you have a contract (or electronic exchange), see if it regulates the cancellation of the concert on grounds of force majeure or pandemic, and what effect such a cancellation has on fees. Albeit possible, this is seldom the case. Unfortunately, when a contract does provide for such cancellation, the parties usually agree that fees are not due in that event. Contracts rarely provide for a reduction in costs or the repayment of expenses already sustained.

A. Absence of a contract

If there is no written agreement, what legal provisions are applicable? To find out, you must proceed step by step:

1. Consider what type of contract under the Swiss Code of Obligations (CO) might be binding on you: Swiss law, unfortunately, does not prescribe how an artist’s engagement contract is to be legally classified, and there is no precedent or case law in this regard. Therefore, there are several possible interpretations. Moreover, each case must be considered individually and you should seek legal advice in this regard.

The possible types of contract used for artists are: the contract for works and services (Article 363 et seq. CO), the employment contract (Article 319 et seq. CO), or the agency contract (Article 394 et seq. CO). The conditions of the individual contract types, and the differences between them, are described in section B below.

2. Once it is established what type of contract you are bound by, check the following explanatory notes on the types of contract (also see section B) to what extent compensation might be possible.

3. If the contract does not match any of the contract types provided for in the Code of Obligations, reference must be made to a general provision of contract law dealing with the consequences of non-performance of an obligation., i.e. Article 119 CO.

⇒ Principle and conditions of Article 119 CO:

This article stipulates that if, after a contract is concluded, circumstances intervene which make it impossible for one of the parties to perform its obligations (for reasons not attributable to that party), then the party is no longer bound by its contractual obligations. The law considers “subsequent” impossibility (i.e. after the contract is concluded), which presupposes the realisation of the three following conditions:

• the obligor (the party liable for performance of an obligation) is no longer able to perform (objective impossibility);
• the impossibility must arise from circumstances after the conclusion of the contract. Chance occurrences (beyond the control of a party) are a good example;
• the impossibility is not attributable to the obligor (it is not his fault if performance is made impossible).

⇒ Objective impossibility not attributable to the obligor:

It is for the court to determine whether the obligation is impossible to perform for reasons not attributable to the obligor.

When public order or internal security is threatened, as in the case of a pandemic, the Federal Council, for Switzerland, is obligated under the Federal Constitution to issue ordinances and take emergency decisions (Article 185 of the Federal Constitution). Within the framework of its discretionary power, the court is required to take into account the rules and decisions issued by the federal authorities. It follows that, in the case of concert cancellations proceeding from official decisions, the existence of an objective impossibility not attributable to the obligor would probably be recognised.

⇒ Legal consequences for the parties:

An impossibility within the meaning of Article 119 CO releases the obligor (the party who has to perform an obligation) from its obligation as well as the creditor (the party for which the obligor is required to perform) (Article 119(2) CO).

In other words, when a contract is concluded (between an artist and a concert organiser), the parties (the artist and the organiser) are both released from their obligations (the artist is no longer required to perform on stage; the organiser is no longer required to pay the artist a fee) if, through no fault of the artist’s (i.e. because of Covid-19 and not for a reason attributable to the artist), the person who was supposed to act (the artist) is prevented from fulfilling his obligation (to perform on stage).

B. The individual types of contract under the Swiss Code of Obligations

The contract for works and services (Article 363 et seq. CO):

Generally, the performances of an artist or group of artists fall within the scope of the contract for works and services (the artist delivers a single performance, based on a pre-defined programme, which is equated with a work).

Here, the case of force majeure is governed by Article 378 CO. This article provides that, where completion of a work is rendered impossible by a chance occurrence affecting the principal, the contractor is entitled to payment for the work already done and to reimbursement of any expenses incurred that were not included in the price.

If a concert is formally cancelled for coronavirus-related reasons, the impossibility for the principal (the organiser of the concert) to perform the contract should be recognised insofar as the principal is unable to stage the artist’s concert through no fault of his own. As a result, Article 378 CO would apply, and the artist would be entitled to remuneration for any work already performed (e.g. rehearsals) and his expenses.

The employment contract (Article 319et seq. CO):

Under certain circumstances, the artist’s contract can be deemed an employment contract (a subordinate relationship between the artist and the organiser, where the artist’s obligation to play music is determined by the employer’s needs rather than by his own as an artist).

Article 324 CO regulates the employee’s salary if he is prevented from working. Whether or not this provision applies to cases of force majeure, i.e. the cancellation of a concert by reason of coronavirus-related measures, is disputed. Most would answer in the affirmative, which would mean that the artist would be entitled to continued pay.

Agency contract (Article 394 et seq. CO):

If the artist’s contract falls neither under the contract of works and services nor under the employment contract, it will generally be classified as an agency contract (the artist seen as an agent performing a service for the organiser).

The agency contract does not provide for cases of force majeure. As a result, if a concert is cancelled for coronavirus-related reasons, Article 119 CO would probably apply and, accordingly, no remuneration would be payable. A reservation should be made in the event of untimely cancellation (e.g. immediately before the scheduled performance). In that case, compensation (but not the fee) could be granted to the artist for the loss sustained (Article 404 CO).

C. Conclusion

It is important to address the possible cancellation of the concert and the consequences on your legal relationship in the artist’s contract. If these points are regulated and the circumstance occurs, the artist and the organiser know what they can expect and claim from each other and can thus avoid financial and other damages.

In absence of a written contract, or if the contract does not regulate this point, the situation is likely to be more difficult. Since the legal nature of the artist’s contract is not clear, the relationship between the organiser and the artist will have to be interpreted to determine which of the three contract categories it is subject to (contract for works and services, employment contract or agency contract). The legal consequences will vary depending on the applicable rules. Payment of the artist’s fee will be justified in some cases, and not in others.

As you can see, there is no clear-cut answer determining the legal consequences of concert cancellations due to coronavirus. The circumstances must be appraised case by case. In absence of a contract, the ideal solution would be for the parties to agree a compromise. A postponement of the service or the total or partial reimbursement of your expenses could be possible solutions.

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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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Regrettably, owing to the coronavirus, some musical events have had to be cancelled. What are the consequences of such cancellations for the artists and organisers concerned? Is the artist still entitled to the contractual fee? Text by Céline Troillet

Legal consequences of concert cancellations for Covid-19

Empty stages and concert halls: what is the legal situation regarding events cancelled because of Covid-19 restrictions? (Photo: Disq)

The coronavirus is a source of discomfort and uncertainty for us all. We must adapt as well as we can to these unprecedented circumstances since they are, for the time being at least, beyond our control. There are no clear answers to the health and economic issues that this crisis has raised, and there is great legal uncertainty. There are many outstanding questions.

Do you have a contract?

If you have a contract (or electronic exchange), see...read more

Label Suisse and SUISA make Swiss music possible | plus video

The ninth edition of the Label Suisse Festival will take place in Lausanne from 18 to 20 September 2020. Programming of this biennial festival is dedicated to the Swiss music scene with all its diversity. Special highlight: Artists from all genres have composed works especially for the Label Suisse. These works will be performed live at the festival for the first time. SUISA is once again involved as one of the main partners of the festival. Text by Erika Weibel

Label Suisse is unique to Switzerland: Every two years, the festival in Lausanne offers the public an insight into Swiss music creation – across geographical and genre boundaries – and thus highlights the current horizons of Swiss musicians of contemporary music from pop, rock, jazz, classical and new folk music in its most diverse forms of expression. More than 60 established as well as emerging artists will be performing as part of the varied programme in various locations in Lausanne over three days.

Exciting composition projects complete the diverse concert programme. Composers from various musical genres have created works for the festival that will be premiered there.

The festival is not only aimed at a music-loving audience but is also a get-together for the Swiss and foreign music and event scene. SUISA, as a cooperative society of composers, lyricists and publishers of music, is once again one of the main partners of the festival, making music in Switzerland possible together with the Label Suisse.

Composition projects

The following compositions were created especially for the 2020 Label Suisse:

Jazz
Nik Bärtsch, composition and piano.
Project in partnership with the Zurich University of the Arts and the Jazzcampus Basel with the participation of young musicians.
Performance: Saturday, 19 September 2020, Salle Paderewski
Further concerts in the twin cities at the Klangbasel Festival (Basel) and at Moods (Zurich)

Classical music
Antoine Chessex, commissioned composition for great organ, chest organ and Hammond
Artists: Simone Keller and Dominik Blum
Project of 35 minutes duration, entitled “Technosphère & Fragmentation”.
Performance: Sunday, 20 September 2020, Eglise St Francois

Isabel Mundry, composition
Collegium Novum Zurich (CNZ) ; Brian Archinal, percussion solo
Title of the work: Noli me tangere (2020)
Performance: Saturday, 19 September 2020, Salle Paderewski

Cod.act – André et Michel Décosterd
“Von Roll Twist 4” – Installation for 6 speakers and one performer (Francesco Biamonte)
André et Michel Décosterd combine their skills, the first being a musician, composer and sound artist and the second an architect and visual artist. Together they develop an artistic work in the form of performances and interactive installations. Their approach starts with a reflection on sound and movement and their possible interaction.
Performance: Saturday,19 September 2020, D! Club

New traditional music
Michel Godard
Works composed especially for the occasion by Michel Godard, conducted by Pascal Emonet. Played by fanfare players of the Valais Brass Band and Jazz Conservatory in a little-known sound approach: the Italian Banda. This orchestra is accompanied by Michel Godard, Pierre Favre, Isa Wiss and Matthieu Michel.

Come along and experience how the sounds of completely new works are brought to an audience for the very first time.

www.labelsuisse.ch

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

Your email address will not be published.

The ninth edition of the Label Suisse Festival will take place in Lausanne from 18 to 20 September 2020. Programming of this biennial festival is dedicated to the Swiss music scene with all its diversity. Special highlight: Artists from all genres have composed works especially for the Label Suisse. These works will be performed live at the festival for the first time. SUISA is once again involved as one of the main partners of the festival. Text by Erika Weibel

Label Suisse is unique to Switzerland: Every two years, the festival in Lausanne offers the public an insight into Swiss music creation – across geographical and genre boundaries – and thus highlights the current horizons of Swiss musicians of contemporary music from pop, rock, jazz, classical and new folk music in its...read more

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

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

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

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

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

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

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

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

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

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

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

As a...read more

Information on live streams for SUISA members

The corona measures led to a loss of performance and earning opportunities for music creators and to a painful loss of live music for music consumers. Live streaming therefore enjoys great popularity, especially in these times, and takes on a pertinent role in the cultural industry. Text by Michael Wohlgemuth

Information on live streams for SUISA members

Music via video as a replacement for cancelled concerts: Jazz and improvisation musician Cyril Bondi played his work “We Need To Change” for the series of articles “Music for Tomorrow”; you can listen to it and watch it on the SUISAblog and the social media channels SUISA Music Stories. (Photo: screen shot video Cyril Bondi)

There are numerous possibilities to transmit live streams: The choice ranges from your own website, and social media platforms such as Youtube, Facebook, Instagram or Dailymotion, to pure live streaming platforms such as Twitch. In addition, smaller international and national platforms are currently appearing, where music creators can register for live streaming and share any income generated via the platform.

The following guide is intended to provide SUISA members with assistance in the live streaming jungle:

Information for musicians who organise live streams themselves

Do I/we need a licence from SUISA?
Be it as a band, singer-songwriter, orchestra or choir: If you organise a live stream on your own website or social media channel and only perform music that you have written yourself and/or that is in the public domain (the author has died more than 70 years ago), you do not need a licence from SUISA.

But be careful: This type of “own use” or using your own music yourself, on your own web channels, is only allowed if all songs are 100% written by the performers themselves. As soon as third parties are involved in only one of the performed works, it is no longer considered to be a pure type of “own use”. So if there are co-authors who do not participate in the performance of the live stream, or if a publisher has a stake in the song or otherwise performs protected music by others (e.g. cover versions), you need a licence from SUISA in accordance with the “Licensing Terms and Conditions Live Streams”.

An exception applies to non-commercial live streams on social media platforms: These are covered by the agreements concluded by SUISA and other rights management entities with the social media platforms and therefore do not usually need to be licensed separately. SUISA currently has agreements with Youtube and Facebook (including Instagram). SUISA is currently negotiating with Dailymotion, Vimeo and Twitch, to which the same will apply.

Non-commercial in this context means that no money is demanded for the live stream and it is not produced for a company. SUISA also considers donation campaigns whose income is entirely allocated to people in need to be non-commercial.

Livestreams from DJ sets
DJ sets contain not only compositions, but also recordings whose rights are held by the recording company or “labelˮ. Since very few DJs use exclusively self-composed and self-published music, several licenses must usually be obtained for live streams of DJ sets: Copyright requires a licence from SUISA (with the exception of non-commercial live streams on social media, see section “Does it require a licence from SUISA?”) and the rights to the recordings played – the so-called neighbouring rights – require licences from the record companies/labels. For DJ sets on social media, the platforms themselves are responsible for this.
The only platform currently known to SUISA that has signed contracts for DJ live streams with most major labels is Mixcloud.

The live stream of my concert or DJ set on social media was blocked: Why and how can I avoid that this happens?
The reason for content being blocked is usually the performance of third-party music and related to this the lack of a certain licence agreement of the social media platform with a rightsholder (often a label or a publisher). In principle, social media companies are responsible for the content on their platforms and block unlicensed content using audio recognition technologies for their own protection.

The easiest way to avoid content being blocked on social media is to mainly perform self-composed music in the case of a live concert. Due to complex legal reasons, it is recommended that cover bands host the live streams not on social media but on their own website.

DJ sets on social media platforms should be avoided if possible, unless you use your own recordings. The reason for this is that very few labels allow the live streaming of their recordings on social media. Facebook and YouTube, in particular, have mature audio recognition technologies and thus very quickly detect unlicensed recordings. If you leave a recording of the live stream with unlicensed music on the platform, it will be automatically blocked by the software at the very latest.

Can I earn money with my live streams?
You can earn money with your live streams in many different ways:
The simplest form is to offer the live stream against payment. On your own website, for example, you could publish the link to the live stream against payment of a fee. This payment model could also be transferred to social media platforms by providing the live stream only in a closed group to which the audience only gets access for a fee.

At this point in time, classic payment systems such as bank accounts, for example, which are independent of the social media platform, still have to be used. However, it is to be expected that social media platforms will increasingly offer integrated payment solutions with which viewers can pay directly via the platform. For example, Facebook has announced that it will enable direct payments via the Facebook Live Platform.

Other potential sources of income are, for example, advertising breaks or live stream sponsoring. Merchandising articles could also be offered as part of the live stream or voluntary donations could be made possible.

Information for musicians whose live stream is carried out by an organiser

Who can be considered as the organiser or promoter?
Live stream organisers are mainly concert promoters and club companies, but also (media) companies, foundations, associations or other societies are possible.

Where can I access the live streams of these events?
On the one hand on social media, on the other hand also on own platforms, which were created especially for live streaming events. One national example is Artonair. An international example of such a live stream organizer is Stageit.

I was/we were asked for a live stream: Does the organiser have to pay me for my performance?
SUISA is basically of the opinion that engagements for live streams should be compared to engagements for concerts and that a fee is therefore appropriate. This should be regulated in an engagement contract together with the modalities of appearance.

Are the organisers also responsible for the copyright licence fees?
Yes, just as in the offline area, the organisers must take care of the copyright in the performed music. International providers need a licence from each affected rightsholder of the performed music (collecting societies, publishers etc.). A licence from SUISA is sufficient for national providers.

In this context, it is particularly important to study the general terms and conditions of the respective provider and to make sure that you do not grant the organiser any rights which you cannot or do not want to assign. For example, as a SUISA member, you should take special care not to grant performing rights to the organiser, as SUISA will already take care of this for you.

Does SUISA pay a fee for my appearance in a live stream?
If a live stream has been licensed by SUISA to an organiser, the authors and publishers involved in the music can expect to receive corresponding remuneration from SUISA (less the current cost rate of 15%). The amount of compensation depends primarily on whether and how much income has been generated by the organiser. The royalties are distributed on the basis of the programme, the “set listˮ, which the broadcaster submits to SUISA.

Further information:
As a SUISA member, do you have any legal questions or concerns in connection with live streams? Our legal department is happy to advise you on this: legalservices (at) suisa (dot) ch

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  1. Michael says:

    Wie schaut es bei „nicht-kommerzielle Livestreams” in Bezug mit Gottesdienste aus? Wenn dort Musik gespielt wird und Gesungen als Teil des Gottesdienstes und das auch Live z.b. auf Youtube übertragen wird, inkl. Einbindung von Songtexten zum mitsingen.
    Ist das dann eine nicht-kommerzielle Veranstaltung? Und was ist, wenn in Rahmen dieses Gottesdienstes ein Aufruf zu Spenden, z.b. an Missionsstellen gemacht wird?

    • Guten Tag
      Grundsätzlich werden Livestreams von Kirchen in unserer Praxis mit solchen von Unternehmen gleichgesetzt: Sie benötigen eine Lizenz von der SUISA. Eine Ausnahme gilt momentan für Kirchen, welche bereits eine Vergütung der SUISA auf Basis des Gemeinsamen Tarifs C (GT C) bezahlen. In diesen Fällen erachten wir die Livestreams als bereits abgegolten, sofern diese auf von den Kirchen selbst bewirtschafteten und durch den Tarif GT C abgedeckten Online-Plattformen/-Kanälen übertragen werden. Wenn Kirchen, die keine Vergütung gemäss dem Tarif GT C entrichten, in live gestreamten religiösen Feiern – wozu auch kirchliche Hochzeiten gehören – am Rand der Zeremonie zu Spenden aufrufen, kann der Livestream unter Umständen als nicht-kommerziell behandelt werden. Was das Einblenden von Songtexten betrifft, so muss in jedem Fall eine zusätzliche Lizenz von den Rechteinhabern (in der Regel Verlage) eingeholt werden, da die SUISA diese Rechte nicht vergeben kann – weder direkt, noch über einen Vertrag mit einer Social-Media Plattform.
      Freundliche Grüsse, Michael Wohlgemuth, SUISA Rechtsdienst

  2. M. Badertscher says:

    Was bedeutet “nicht-kommerzielle Livestreams” genau?
    Wenn der Stream für alle sichtbar ist (keine Zugangsbeschränkung), man Musik im Hintergrund laufen lässt und der Zuschauer freiwillig für den Stream etwas bezahlen kann aber nicht muss, dann ist das doch auch kommerziell? Der Streamer verdient ja auch damit. Einfach auf freiwilliger Basis.

    • Michael Wohlgemuth says:

      Besten Dank für die berechtigte Frage. In der Tat würden wir solche Livestreams auch als kommerziell betrachten. Sobald in irgendeiner Form Geld fliesst, handelt es sich aus unserer Sicht um ein kommerzielles Angebot.
      Beste Grüsse, Michael Wohlgemuth, SUISA Rechtsdienst

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The corona measures led to a loss of performance and earning opportunities for music creators and to a painful loss of live music for music consumers. Live streaming therefore enjoys great popularity, especially in these times, and takes on a pertinent role in the cultural industry. Text by Michael Wohlgemuth

Information on live streams for SUISA members

Music via video as a replacement for cancelled concerts: Jazz and improvisation musician Cyril Bondi played his work “We Need To Change” for the series of articles “Music for Tomorrow”; you can listen to it and watch it on the SUISAblog and the social media channels SUISA Music Stories. (Photo: screen shot video Cyril Bondi)

There are numerous possibilities to transmit live streams: The choice ranges from your own website, and social media platforms such as Youtube, Facebook, Instagram or Dailymotion, to pure...read more

SUISA extends payment deadline for its customers

From April 2020 and until further notice, SUISA will grant an extension of the payment period on invoices issued. For music not used in connection with the official regulations against the spread of the corona pandemic, copyright fees will be dropped. Text by Irène Philipp Ziebold

SUISA extends payment deadline for its customers

The corona virus is currently posing major challenges for the whole of Switzerland – many of SUISA’s customers are affected by the financial consequences, as are the musicians whose rights SUISA manages. (Photo: Federal Office of Public Health)

The drastic measures taken to contain the Sars CoV-2 virus have brought about drastic changes in the social and economic environment in Switzerland within a very short time. Cultural life in the country has almost come to a standstill. Many of SUISA’s customers, especially event organisers and commercial enterprises, are suffering from the financial consequences of the lockdown. SUISA members are also severely affected by the sudden loss of basic income: Copyright royalties are one of the few steady sources of income for composers, lyricists and publishers whose rights SUISA manages.

SUISA is a link in the chain of companies affected by the crisis: Especially now, it is of existential interest for music creators that the payment of copyright royalties is preserved. In this context, SUISA is maintaining its service of permitting public use of music and is adapting some of its modalities to exceptional circumstances for the benefit of licensees.

Extension of the payment deadlines

For invoices issued from April 2020, the payment period for SUISA’s customers will be increased. The extended term of payment is recorded as a date on the invoices. This accommodation in the terms of payment is granted automatically and will be valid until further notice.

Discount for music usages that did not take place

Due to official regulations, various uses of music are and have been impossible. Be it banned events, closed shops or events in hospitality businesses that could inevitably not take place: Copyright fees for usages that have demonstrably not taken place shall not be payable.

In order to be able to deduct the discount correctly according to each individual case, various procedures will be applied for administrative and technical reasons:

Dance and entertainment in the hospitality industry

Customers who obtain a licence for dance and entertainment in the hotel and restaurant industry according to the Common Tariff H (CT H) can partially benefit from an automatic and deduction of the discount. For all cases where an automatic reduction is not possible due to the data available, we will dispatch the annual invoices in the regular scope. If the invoiced amount is too high due to cancelled events, we will revoke the invoices and reduce them to the actual amount of use according to the feedback from the customers.

Background entertainment

For licensees of the Common Tariff 3a (CT 3a) for background entertainment, the dates of business closures can vary considerably from one company to another.

We kindly ask you to notify us of the respective business closure dates by using our electronic form:

  • For your notification, please use the form located at www.suisa.ch/3a
  • Please note that reimbursements can only be made if no employees were on the business premises and if there were no occurrences of music use in telephone loops or in business vehicles.

Once we have verified the details you submitted, we are going to credit the relevant amounts in line with Common Tariff 3a for full calendar months where no background entertainment took place. For businesses which were open again on 27 April and would not fulfil these requirements, SUISA is offering a reduction of one calendar month as a gesture of goodwill.

Customers of other tariffs

Licensees of other tariffs who receive periodic invoices for long-term contracts must report any music use that has not taken place to the competent SUISA administration department, whose contact details appear on the invoices. Thus, in the context of a final settlement, the compensation can be adjusted to the actual use made.

SUISA remains available to answer questions or concerns of all customers by telephone from Monday to Friday from 9 a.m. to noon and from 1.30 p.m. to 5 p.m.

Further information:
www.suisa.ch/3a
www.suisa.ch

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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.

From April 2020 and until further notice, SUISA will grant an extension of the payment period on invoices issued. For music not used in connection with the official regulations against the spread of the corona pandemic, copyright fees will be dropped. Text by Irène Philipp Ziebold

SUISA extends payment deadline for its customers

The corona virus is currently posing major challenges for the whole of Switzerland – many of SUISA’s customers are affected by the financial consequences, as are the musicians whose rights SUISA manages. (Photo: Federal Office of Public Health)

The drastic measures taken to contain the Sars CoV-2 virus have brought about drastic changes in the social and economic environment in Switzerland within a very short time. Cultural life in the country has almost come to a standstill. Many of SUISA’s customers, especially event organisers and commercial enterprises,...read more