Tag Archives: Mint Digital Services

From the 2021 Annual Report: From law-making to implementation

The «Regulations» division is responsible for SUISA’s legal affairs. This starts with its involvement in political law-making activities, runs through tariff negotiations and drafting the distribution rules, and ends with the implementation of rules and regulations in case of disputes. In 2021, the division dealt with a number of key issues. Text by Vincent Salvadé

From the 2021 Annual Report

The 2021 Annual Report contains all the relevant figures and information relating to the previous financial year at SUISA (cooperative and group). (Photo: SUISA)

1. Legislation

In last year’s Annual Report, we mentioned the initiative of National Councillor Philippe Nantermod demanding an exception to copyright law for protected works used in hotel rooms and similar facilities. This parliamentary initiative was revisiting a provision that the National Council and the Council of States had rejected in September 2019 as part of the revision of the Copyright Act. On 3 March 2021, the National Council accepted the parliamentary initiative. For us, that was inadmissible. There was no good reason to revise the Copyright Act after such a short time, especially since it was the fruit of a compromise. Cultural circles had made significant concessions to reach a solution. They would have been cheated if certain elements were to have been changed unilaterally. Moreover, the initiative was inconsistent with international law. As a result, either Switzerland would have been exposed to economic sanctions, or, to avoid violating international agreements, it would have had to apply the exception only to the works and performances of Swiss nationals. That would have blatantly discriminated against Swiss artists compared with those of other countries. Fortunately, the initiative was rejected by the Council of States in early March 2022, and the matter was definitively shelved.

The revision of the Swiss Code of Civil Procedure also kept us busy. For a while, it seemed that conciliation would be made mandatory before any legal action could be brought to enforce royalty payments of less than CHF 30,000. During legal proceedings, it is often worthwhile to seek an arrangement. However, collective management organisations must respect the principle of equal treatment, and their tariffs are binding. It follows that they have limited leeway for proposing or accepting out-of-court settlements. Under the circumstances, we argued in favour of a voluntary conciliation procedure which would avoid unnecessary costs when an out-of-court arrangement appears to be out of reach. The matter seems to be on the right track, although the revision of the Code of Civil Procedure is yet to be completed as this report goes to press.

Just before Christmas, the Federal Council published a report in response to a motion requesting an evaluation of the effectiveness of the revised Copyright Act (which came into force on 1 April 2020). On the whole, the Government is relatively positive. It noted that the anti-piracy measures seemed to have had a dissuasive effect and that there was less criticism from rightholders. On the other hand, the Federal Council was more reserved about the new extended collective licence model: the latter should enable collective management organisations to issue global licences for an entire repertoire (even on behalf of rightsholders that they do not represent contractually) but was still to realise its full potential. In this context, we welcome Switzerland’s intention to follow the international talks: regulation at international level will be necessary to ensure that the extended collective licence is also used in multi-territorial operations.

2. Tariffs

In terms of tariff negotiations, we concluded two significant agreements in 2021.

The first was an agreement with our international partners on a new Tariff 4i regulating private copying on digital storage media. This agreement extends the levy scheme to include laptops and external hard drives. The new tariff is currently before the Federal Arbitration Commission for approval and is expected to enter into force on 1 July 2022. This will significantly increase our revenues from the blank media levy. Moreover, in 2022 we will pursue talks on a new tariff for private copying on the Cloud (i.e. on remote servers). The talks had been suspended in autumn 2021 pending a decision by the European Court of Justice on a similar levy scheme applied in Austria. The ECJ handed down a ruling favourable to rightholders at the end of March 2022.

In 2021, in a different context, we finalised negotiations on a new Common Tariff Z regulating circuses. The objective had been to achieve a better delimitation between this tariff and Common Tariff K which regulates concerts and certain other types of shows. Henceforth, Common Tariff Z, with more advantageous rates, will apply only to certain well-defined shows. The Federal Arbitation Commission approved the new tariff on 8 November 2021.

3. Distribution Rules

In spring 2021, the amendments to the Distribution Rules decided by SUISA’s Board at the end of 2020 were all approved by the Federal Institute of Intellectual Property (IPI). The new distribution system for private copies was implemented for the first time in September 2021.

Moreover, SUISA’s Board adopted three amendments to the Distribution Rules concerning online rights. The first applies to situations where an online platform does not report sufficient information on the works it uses: in this case, distribution is made based on the information obtained from other platforms using a similar repertoire. The second amendment concerns «residuals», namely the amounts paid by online providers «in final settlement» for works that have not been claimed by any rights management organisation. As of the end of 2021, these residuals are distributed to entitled parties in the form of supplemental payments on their settlements for current uses. The third and last amendment concerns «Play Suisse», the video on demand (VoD) platform of the SRG-SSR (Swiss Broadcasting Corporation). The Board decided that a portion of the amounts paid by the SRG-SSR under Tariff A would henceforth be allocated to distribution category 22S covering VoD. This portion is calculated based on the share of costs invested in «Play Suisse» as against SRG-SSR’s total costs.

This third amendment still requires IPI approval. The latter has first requested an addition to Tariff A. The SRG-SSR agreed, and the matter was referred to the Arbitration Commission in spring 2022: we are looking forward to a favourable outcome soon.

4. Regulatory authority

Finally, two cases are pending on which IPI, our regulatory authority, and SUISA hold divergent views. Both cases concern the relationship between «conventional» collective rights management, which is under federal oversight, and the liberalised management of online rights. In the first case, IPI opposes the granting of guarantees by SUISA to secure a bank loan to MINT, the joint venture company with SESAC for the management of online rights. In the second case, IPI opposed a cross-selling initiative undertaken by SUISA to inform its Tariff 3a (background music) customers that they would have to obtain an additional licence for the use of music on their websites or social media pages.

In both cases, we filed an appeal with the Federal Administrative Court. In the first case, we argued that the proper functioning of MINT was in the best interest of SUISA’s members. After all, the aim of the joint venture is to bring the Swiss repertoire together with other repertoires to achieve greater bargaining power in our dealings with giants like Google, Apple, or Spotify. The guarantees granted to MINT will be submitted to the 2022 General Meeting and the matter will thus be closed. In the second case, IPI deemed that data protection requirements disallow the communication of this information by SUISA, and that the information is misleading since conventional rights management and the management of online rights are governed by different rules. We believe that IPI exceeded its competence in this context and has disregarded the realities of collective management in its interpretation of statutory rules. We are now awaiting the decision of the Federal Arbitration Court.

Both these cases address an important question: how far can SUISA go to respect its obligations as a monopolistic organisation in certain areas while coming to terms with a liberalised market in others? We need the regulatory authority to provide a practical answer to this question. Otherwise, SUISA’s members may have to suffer the consequences.

2021 Annual Report
The 2021 Annual Report contains all the relevant figures and information relating to the previous financial year at SUISA (cooperative and group). Informative articles shed light on income, political developments and tariff negotiations in the past year. Once again, 2021 was dominated by the coronavirus pandemic and its impact on the music industry. You can find out what this meant for SUISA’s members and customers in the 2021 Annual Report.
www.suisa.ch/annualreport
Related articles
Remuneration for private copying – new CT 4i as of 1 July 2022Remuneration for private copying – new CT 4i as of 1 July 2022 Copying music, videos and e-books for their personal entertainment: Consumers in Switzerland have been enjoying this freedom for a very long time. For several years, rightsholders have been paid royalties for copies made on smartphones and tablets. Starting this summer, they are now also going to receive remuneration for copies on laptops and external hard drives. Read more
Two years of pandemic have passed financially smoothly for SUISA – new challenges aheadTwo years of pandemic have passed financially smoothly for SUISA – new challenges ahead After two difficult years for SUISA and authors and publishers due to the worldwide COVID-19 pandemic, we continue to face threats and difficult times. A war in Europe is destroying the foundations of peaceful coexistence. Culture, and thus also the creators of music, as a unifying and peace-building element, are called upon. Read more
When SUISA does politicsWhen SUISA does politics SUISA and the other Swiss rights administration societies have never been as actively involved in politics as in 2018. But is it really justified for SUISA to become engaged in politics? Read more

 

Collapse article

Leave a Reply

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

Your email address will not be published.

The «Regulations» division is responsible for SUISA’s legal affairs. This starts with its involvement in political law-making activities, runs through tariff negotiations and drafting the distribution rules, and ends with the implementation of rules and regulations in case of disputes. In 2021, the division dealt with a number of key issues. Text by Vincent Salvadé

From the 2021 Annual Report

The 2021 Annual Report contains all the relevant figures and information relating to the previous financial year at SUISA (cooperative and group). (Photo: SUISA)

1. Legislation

In last year’s Annual Report, we mentioned the initiative of National Councillor Philippe Nantermod demanding an exception to copyright law for protected works used in hotel rooms and similar facilities. This parliamentary initiative was revisiting a provision that the National Council and the Council of States had rejected in September 2019 as part...read more

Two years of pandemic have passed financially smoothly for SUISA – new challenges ahead

After two difficult years for SUISA and authors and publishers due to the worldwide COVID-19 pandemic, we continue to face threats and difficult times. A war in Europe is destroying the foundations of peaceful coexistence. Culture, and thus also the creators of music, as a unifying and peace-building element, are called upon. Text by Andreas Wegelin

Two years of pandemic have passed financially smoothly for SUISA – new challenges ahead

In view of the war in Ukraine, it is worth remembering that music can be a unifying and peace-making element of coexistence. (Photo: Oleh Dubyna / Shutterstock.com)

Despite the event bans imposed by the authorities, SUISA has been able to achieve a respectable result, even in the past two years. The overall decrease in revenue in 2020 and in 2021 only amounted to 10%, compared to the best-ever result in 2019. At the same time, we were able to achieve savings on the cost side, in particular thanks to accelerated process automation. This stabilised the drop in terms of the distributable amount. It is 1% higher than in 2020. High secondary income also allows us to pay an additional 7% distribution on all 2022 settlements again.

In order to provide quick help to members who got into difficulties due to the pandemic and therefore received less money from SUISA, the General Assembly 2020 decided to set up a relief fund. This fund still exists, many distribution results continue to be bad in this year, too, and the respective requests can be addressed to the membership department.

Especially during the pandemic, it was important to be there for our customers and members, in many cases electronically, via web forms on the internet, but also e-mails and, just like before, by phone or letter. We are also expanding our electronic communication channels further. They are a central component of good member and customer service, with the aim of enabling contact with SUISA 24/7 via the internet, thus saving costs for all parties involved.

Successful investments in new business areas

Today, music is not only performed and enjoyed in a live environment. During the pandemic, it has become clear that it is vital to diversify and branch out into other music exploitation areas. Many new presentation possibilities and uses on the internet, especially by means of streaming, could establish themselves over time and have become new and popular platforms for the sale of recorded music.

Since 2016, SUISA has invested in the development of the new business areas with its subsidiaries SUISA Digital Licensing and together with the American organisation SESAC at Mint Digital Services. Mint now manages the repertoire of over 3,500 American independent publishers, 14 collective management organisations from four continents, and the rights of BMG Rights Management in Asia and Australia. Licensing agreements have been signed with over 70 music providers worldwide. The possibilities for direct licensing of SUISA’s repertoire abroad are to be further exploited. In many cases, this means that SUISA’s authors and publishers can benefit from higher revenues which are paid out faster.

New challenges – the war in Europe

SUISA will be celebrating its centenary next year. The anniversary general meeting is scheduled to take place in Zurich on Friday, 23 June 2023 and to be followed by celebrations. Until then and beyond, we are to meet new challenges and further expand our existing services.

Music can be a unifying and peace-making element of coexistence and will continue to find and delight its audience. However, it should also provide its authors and musicians with a financial livelihood. With Russia’s war of aggression on Ukraine, peace in Europe is highly endangered. A relationship that has been built up over many years with the countries in Eastern Europe and with the authors over there is in danger of being damaged. The exchange among authors and also among the collective management organisation (CMO) is also severely endangered by the armed conflicts.

SUISA wants to do its part to ensure that the ties established with its sister organisation in Ukraine are not severed. 50,000 Swiss francs were allocated to the support fund of CISAC, our international umbrella organisation of CMOs, for emergency aid to musicians in the war zone and to Poland, which is providing an overwhelming amount of support work here. All efforts must be made for a peaceful solution and for the functioning and continued existence of the collective management organisation NGO UACCR in Ukraine.

But those who now condemn all Russian culture are acting blindly, just like the warring parties. Let us believe in the peace-making potential of music and in those who perform or enjoy music together, regardless of which country they come from.

Related articles
New features in member services of SUISANew features in member services of SUISA SUISA has been enhancing its online service for years now, especially for music authors and music publishers. Self-service is key: It should be easy and comfortable for members to access all SUISA services online. This does not just save time for members: SUISA can thus also increase its efficiency and therefore distribute more money to rightsholders. In 2022, the conditions for membership will also be amended. Read more
Information on live streams for SUISA membersInformation 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. Read more
SUISA and the Covid-19 crisisSUISA and the Covid-19 crisis Since the end of February 2020, it’s not just the music sector that has been confronted with an unforeseen challenge. As a cooperative society for authors and publishers of music and a collective management organisation, how is SUISA dealing with the Covid-19 crisis which has been around for nearly two years? Read more
Collapse article
  1. Eric says:

    Thanks for the informative article!
    I can agree with exactly that….

    Best regards

    Eric

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.

After two difficult years for SUISA and authors and publishers due to the worldwide COVID-19 pandemic, we continue to face threats and difficult times. A war in Europe is destroying the foundations of peaceful coexistence. Culture, and thus also the creators of music, as a unifying and peace-building element, are called upon. Text by Andreas Wegelin

Two years of pandemic have passed financially smoothly for SUISA – new challenges ahead

In view of the war in Ukraine, it is worth remembering that music can be a unifying and peace-making element of coexistence. (Photo: Oleh Dubyna / Shutterstock.com)

Despite the event bans imposed by the authorities, SUISA has been able to achieve a respectable result, even in the past two years. The overall decrease in revenue in 2020 and in 2021 only amounted to 10%, compared to the best-ever result in 2019. At the same time, we were...read more

General Meeting 2022: Face to face again at last

After a break brought on by the pandemic and for the first time since 2019, SUISA will hold its General Meeting at the Bierhübeli in Bern, allowing its members to participate in person and on site. The members of the cooperative are invited to attend in as large a number as possible and to co-determine the fate of their cooperative. Text by Andreas Wegelin

General Meeting 2022: Face to face again at last

After a two-year interruption, 17 June marks the day when the 2022 SUISA General Meeting can once again take place with members being present in person and on site at the Bierhübeli in Bern. (Photo: Sibylle Roth)

On Friday, 17 June 2022, at 11 a.m., it will finally be that time again: After a musical introduction by the Bernese electro-swing group Klischée, the President of the Board, Xavier Dayer, will open this yearʼs SUISA General Meeting.

Members will be provided with information about SUISAʼs business performance in the past year and are asked to approve the 2021 annual result (–10% compared to the record year 2019) which was a sign of getting off lightly despite the pandemic. In addition to other statutory business, the securing of financing for online licensing by the subsidiary Mint Digital Services AG and a revision of the Articles of Association to improve corporate governance will also come up for discussion and resolution.

Election of substitutes and deputies, opening message and declaration according to EU Directive

After 10 years on the Board of Directors, publisher member Christian Siegenthaler (management of Patent Ochsner) decided to step down from the board. The board proposes Christian Baumgartner, management consultant and investor, as his successor.

Our new board member elected last year, State Councillor Johanna Gapany, will address the members with an opening message from politics.

Finally, in accordance with the provisions of the EU Directive on collective management organisations and the Liechtenstein Collecting Societies Act (VGG), the declarations of the members of the Board of Directors and the Executive Committee are disclosed for the first time on questions of theirparticipation in SUISA, amount of remuneration/compensation and actual or potential conflicts of interest.

Voting members welcome

The General Meeting is only open to members of the cooperative, i.e. members who are entitled to vote (see info box at the end of the text). These members will receive a written invitation with the registration documents by the end of May by mail. The invitation contains the agenda and additional information on the agenda items and business to be transacted at the General Meeting.

I hope that as many of you as possible will attend the General Meeting and, together with my colleague Irène Philipp Ziebold and my colleague Vincent Salvadé as well as other SUISA staff members, I look forward to exchanging ideas with you. Face to face again, at last.

New criteria for members who are entitled to vote
The SUISA Board of Directors decided in December 2020 to adapt the criteria for members who are entitled to vote. Authors and publishers will be admitted as members with voting rights if they have been SUISA principals for at least one year and had at least CHF 3,000 in royalties paid out to them since their registration. Previously, this amount was CHF 2,000. This change entered into force in 2021.
Furthermore, the contractual membership relationship will be reverted into a mandate relationship if members received less than CHF 3,000 in distribution payments overall for their works during the last ten years.
Related articles
New features in member services of SUISANew features in member services of SUISA SUISA has been enhancing its online service for years now, especially for music authors and music publishers. Self-service is key: It should be easy and comfortable for members to access all SUISA services online. This does not just save time for members: SUISA can thus also increase its efficiency and therefore distribute more money to rightsholders. In 2022, the conditions for membership will also be amended. Read more
Spring meeting of the SUISA Board of DirectorsSpring meeting of the SUISA Board of Directors The SUISA Board of Directors and its committees held their spring meetings on 11/12 April 2022. After a long break, it is back in full for the first time with face-to-face personal meetings at SUISAʼs headquarters in Zurich. Read more
General Meeting 2021: National Councillor Johanna Gapany elected to the SUISA Board of DirectorsGeneral Meeting 2021: National Councillor Johanna Gapany elected to the SUISA Board of Directors For the second time running, the SUISA General Meeting took place in writing due to the Covid-19 pandemic. Altogether 1,486 composers, lyricists, music publishers and heirs participated in the voting process by letter and e-mail. Read more
Collapse article

Leave a Reply

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

Your email address will not be published.

After a break brought on by the pandemic and for the first time since 2019, SUISA will hold its General Meeting at the Bierhübeli in Bern, allowing its members to participate in person and on site. The members of the cooperative are invited to attend in as large a number as possible and to co-determine the fate of their cooperative. Text by Andreas Wegelin

General Meeting 2022: Face to face again at last

After a two-year interruption, 17 June marks the day when the 2022 SUISA General Meeting can once again take place with members being present in person and on site at the Bierhübeli in Bern. (Photo: Sibylle Roth)

On Friday, 17 June 2022, at 11 a.m., it will finally be that time again: After a musical introduction by the Bernese electro-swing group Klischée, the President of the Board, Xavier Dayer,...read more

Board meetings December: Budget established for the year 2022

The meetings of SUISA’s Board of Directors on 12 and 13 December 2021 had unfortunately to be held in the form of a video conference again due to the recommended protective measures. Among other things, the budget for 2022 was approved at the last meetings of the year. Report from the Board of Directors by Andreas Wegelin

Board meetings December: Budget established for the year 2022

The outlook with regard to the staging of concert events and the associated collections for performing rights for 2022 remains a foggy one. (Photo: Tabea Hüberli & Dirk Hoogendoorn)

Due to the pandemic, the last meetings of the Board of Directors and its commissions were once again held by video conference on 12 and 13 December. Shortly before that, the Board of Directors still had the opportunity to meet physically in the course of a conference.

Future of online licensing

In this information and retreat session on 24 November 2021, the Board of Directors discussed the current situation regarding the global management of our members’ rights for online uses with SUISA’s Executive Committee and the CEO of Mint Digital Services AG. SUISA is competing with other collective management organisations and licensing companies through its joint venture company established together with the American SESAC: ICE, founded by PRS (UK), Gema (DE) and Stim (SE), and Armonia, founded by Sacem (FR). The possible scenarios for the acquisition of further customers were therefore discussed with the Mint CEO. The Board was also able to take note of the benefits that direct licensing of SUISA repertoire brings to our members worldwide.

2022 Budget

The main topic of the December Board meeting was the approval of the 2022 budget presented by management. As is well known, the situation regarding performing rights remains critical. Due to Covid-19, large events are only possible under restrictive conditions, if at all. These requirements entail that ticket sales are also more tentative and often worse than before the pandemic. As a result, performing rights revenue is expected to be lower in 2022 than it was prior to Covid-19 (–35% compared to 2019). Nevertheless, there should be an increase compared to 2020 (+12%).

Important pillars for achieving a better result in all areas compared to 2020 and probably also 2021 are the continuously improved market coverage, adjusted tariffs and new contracts. As a result of the new tariff relating to the blank media levy for external hard disks and laptops valid from 1 July 2022, revenue from compensation claims is expected to increase by around 20% compared to 2020.

On the expenditure side, we continue our cautious course. Expenditures are expected to be lower in 2022 than in 2020. Nevertheless, investments must be made in the further development of IT. The aim is to carry out as many communication processes as possible between members and SUISA and between clients and SUISA online: Our contact persons should be able to get in touch with us at any time via the web portal.

Within the framework of the budget, the Board also decided on the cost deductions for settlements to rightsholders in 2022. These cost deductions remain unchanged, i.e.: a maximum of 15% for performing and broadcasting rights and for online uses (video, websites). For online distribution of audio recordings, the cost deduction is 10%.

Code of conduct and conflicts of interest

The 2014 EU Directive on collecting societies also applies in the Principality of Liechtenstein. SUISA has therefore amended its Articles of Association accordingly in 2018. As a further consequence of the provisions of the Directive, the rules on conflicts of interest need to be defined more precisely. The board approved these rules at the December meeting. To this end, the Board of Directors and the Executive Board will disclose to the General Meeting corresponding declarations on vested interests and the remuneration from their SUISA mandates.

Projects

The Board of Directors also decided to continue its work on and planning of two projects: on the one hand, the celebrations for SUISA’s 100th anniversary in 2023 and, on the other hand, a joint project with Gema to automate and thus improve market registration for performing rights. Details of this will be able to be elaborated in the reports following the upcoming board meetings.

Related articles
Residuals from online collections – what’s that and how can I participate in them?Residuals from online collections – what’s that and how can I participate in them? In mid-December, we pay our members the fourth settlement of their online revenues this year. But this time, we’ll put a cherry on top! This “cherry” comes from the so-called “residuals” about the distribution of which the SUISA Board had decided in autumn 2021. In this context, here’s the most important piece of advice: Register all works as soon as possible with SUISA! Read more
SUISA and the Covid-19 crisisSUISA and the Covid-19 crisis Since the end of February 2020, it’s not just the music sector that has been confronted with an unforeseen challenge. As a cooperative society for authors and publishers of music and a collective management organisation, how is SUISA dealing with the Covid-19 crisis which has been around for nearly two years? Read more
Legal consequences of concert cancellations for Covid-19Legal consequences of concert cancellations for Covid-19 Regrettably, owing to the coronavirus, some musical events have had to be cancelled. What are the consequences of such cancellations for the artists and organisers concerned? Is the artist still entitled to the contractual fee? Read more
Collapse article

Leave a Reply

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

Your email address will not be published.

The meetings of SUISA’s Board of Directors on 12 and 13 December 2021 had unfortunately to be held in the form of a video conference again due to the recommended protective measures. Among other things, the budget for 2022 was approved at the last meetings of the year. Report from the Board of Directors by Andreas Wegelin

Board meetings December: Budget established for the year 2022

The outlook with regard to the staging of concert events and the associated collections for performing rights for 2022 remains a foggy one. (Photo: Tabea Hüberli & Dirk Hoogendoorn)

Due to the pandemic, the last meetings of the Board of Directors and its commissions were once again held by video conference on 12 and 13 December. Shortly before that, the Board of Directors still had the opportunity to meet physically in the course of a conference.

Future...read more

SUISA Board meeting, autumn 2021

The Board of Directors and the Committee for Tariffs and Distribution and the one for Organisation and Communication gathered on 29 and 30 September 2021 for their autumn meetings in Lausanne. Report from the Board of Directors by Andreas Wegelin

SUISA Board meeting, autumn 2021

During its autumn meeting, the SUISA Board of Directors elected Francine Jordi (pictured) into the Board of FONDATION SUISA. (Photo: Thomas Buchwalder)

Fortunately, the epidemiological situation allowed the members of the SUISA Board of Directors and the Executive Committee to meet in person again. Of all people, it was ausgerechnet? Councillor of States, Johanna Gapany, newly elected to the Board at the General Meeting 2021, who was only able to join the meeting of the Committee for Organisation and Communication (O+K) via video link due to her participation in the session of the Federal Councillors in Bern. The SUISA meeting schedule 2022 is going to be adapted with the Council sessions in mind.

Cost unit accounting

The Board of Directors dealt with the results of the cost unit accounting for 2020, like every year in its autumn meeting. Based on the cost unit accounting, it can be determined how high the expenditure for collection and distribution is for each tariff in detail.

It is generally known that SUISA deducts a fixed percentage from the settlements to the rightsholders as a cost contribution for its expenditure related to collection and distribution. This percentage, i.e. 15% for performing and broadcasting rights, is a mixed calculation in relation to the effective costs. For example, collecting licence fees for music usages in the hospitality industry (CT H) or for dance and entertainment (CT Hb) is more costly than the collection from radio stations (Tariff A and CT S).

This cost unit accounting also makes these differences visible, and it can also be shown in a time dimension whether the costs for a specific tariff are showing a downward trend thanks to savings and rationalisation measures. The result of the cost unit accounting 2020 was somewhat clouded by the difficult collection situation due to the pandemic, less income but still costs which could not be reduced to the same extent.

Strategy

Every year in its autumn meeting, the Board of Directors takes a look at the strategy of SUISA. The basis paper for this was created in 2019. It was now time to check whether the defined strategic objectives are still to be weighted equally and can be achieved in a meaningful way.

Due to the pandemic, slight adjustments were made; however, the fundamental strategic stance of “asserting oneself in the face of increasing competition through high yields with high cost-awareness and best service quality” remains the same.

Special meeting to discuss online usages

In relation to the company’s strategy, the Board of Directors is going to meet at the end of November in a special meeting to discuss online usages. One reason for this, among others, is also the five-year anniversary of Mint Digital Services, the Joint Venture with the US-American organisation SESAC.

For this special meeting, the Board of Directors approved an agenda and determined the main issues. The objective is to define the needs and expectations of the SUISA members and satisfy them by way of finding suitable measures at Mint Digital Services and the SUISA group of companies.

Distribution of “residuals”

Changes in the distribution rules normally have to be approved by the Swiss Federal Institute of Intellectual Property (in Switzerland) and the Office for Economic Affairs (in Liechtenstein). The competence in the case of distribution rules for collections for online licensing is different: The management of online rights is not subject to federal supervision. As such, the respective changes to distribution rules exclusively fall under the competence of the Distribution and Works Committee and the SUISA Board of Directors.

As part of this competence, the Board of Directors decided in its meeting on 30 September 2021 that item 5.6.1 of the distribution rules be changed respectively reviewed with regards to the distribution of the “residuals” paid by online platforms. “Residuals” are amounts paid by online music platforms for works or parts of works whose rights owners could not be determined and as such no claims were established by any collective management organisation.

Such difficulties arise in such cases when musical works have not been registered in time. For such cases, online providers pay so-called “residuals” after 18 months to the collective management organisation of the country where the music was used.

A so-called “multi-stage invoicing” has been agreed with the online music providers: The usage data of the distribution period will be matched after 90 and after 180 days again against the works database. During that time, it is possible to submit a late registration of the works resulting in a settlement for the work that has been registered late.

The Board of Directors decided that after 180 days, the payments for non-identified works (the “residuals”) shall be paid out as a supplement on top of the other used works in the corresponding distribution period. The alternative that up to five years after the usage, unidentified works can still be registered has been dismissed by the Board of Directors due to cost reasons. It is therefore important that new titles are registered as soon as possible so that online usages can be distributed as adequately as possible.

Francine Jordi elected to the Pension Board of the FONDATION SUISA

The Board of Directors of SUISA is the election committee of the Board of FONDATION SUISA, the foundation for music promotion of SUISA. In its autumn meeting, the Board elected Francine Jordi as a new Pension Board member.

Related articles
Online licensing activities require early work registrationsOnline licensing activities require early work registrations From a sales perspective, online music distribution provides enormous opportunities. With little effort, music can be made available to a global audience within an instant. The distribution of copyright royalties, however, is complex when it comes to online usages. This is also due to the fact that the processes differ from those for performing and broadcasting rights. The most important advice is: First, register the work with SUISA as early as possible, then publish it online. Read more
SUISA and the Covid-19 crisisSUISA and the Covid-19 crisis Since the end of February 2020, it’s not just the music sector that has been confronted with an unforeseen challenge. As a cooperative society for authors and publishers of music and a collective management organisation, how is SUISA dealing with the Covid-19 crisis which has been around for nearly two years? Read more
SUISA Board of Directors holds a physical meeting for the first time in 15 monthsSUISA Board of Directors holds a physical meeting for the first time in 15 months While the General Meeting could only take place by postal vote due to the precautionary measures taken in the context with the corona pandemic for the second time, the Board of Directors decided to hold a physical meeting for the first time in 15 months in Muri near Berne on 24 and 25 June 2021, adhering to the prescribed protective measures. Read more
Collapse article

Leave a Reply

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

Your email address will not be published.

The Board of Directors and the Committee for Tariffs and Distribution and the one for Organisation and Communication gathered on 29 and 30 September 2021 for their autumn meetings in Lausanne. Report from the Board of Directors by Andreas Wegelin

SUISA Board meeting, autumn 2021

During its autumn meeting, the SUISA Board of Directors elected Francine Jordi (pictured) into the Board of FONDATION SUISA. (Photo: Thomas Buchwalder)

Fortunately, the epidemiological situation allowed the members of the SUISA Board of Directors and the Executive Committee to meet in person again. Of all people, it was ausgerechnet? Councillor of States, Johanna Gapany, newly elected to the Board at the General Meeting 2021, who was only able to join the meeting of the Committee for Organisation and Communication (O+K) via video link due to her participation in the session of the...read more

SUISA Board of Directors holds a physical meeting for the first time in 15 months

On the day before the General Meeting, the SUISA Board and its committees usually hold a physical meeting at the venue of the General Meeting. This year, it was different for the second time in a row. Report from the Board of Directors by Andreas Wegelin

SUISA Board of Directors holds a physical meeting for the first time in 15 months

SUISA partition wall set up at a venue: The meeting of a nearly full Board of Directors took place for its regular June sessions in Muri near Berne. (Photo: Natalie Schlumpf & Wolfgang Rudigier)

While the General Meeting could only take place by postal vote due to the precautionary measures taken in the context with the corona pandemic for the second time, the Board of Directors decided to hold a physical meeting for the first time in 15 months in Muri near Berne on 24 and 25 June 2021, adhering to the prescribed protective measures.

Except for one Board member who did not want to expose itself to a heightened risk of getting infected due to imminent concert performances and therefore took part via video, all of the members of the Board of Directors joined the Executive Committee in the meeting and cherished the opportunity to be able to have an exchange outside the meetings in the evening.

Encouraging perspectives in the online licensing business

The Board of Directors received a thorough report on the annual results of the subsidiary Mint Digital Services, jointly held with SESAC, whose financial year had ended on 31 March. The result is encouraging even if the organisation needs to receive further support. Perspectives for the new financial year are looking up and are going to improve the earnings situation further. It is important to know that the bundling of the copyright of our members with the rights of large publishers and sister societies lead to a situation whereby we can act in the online licensing market with more market power and subsequently negotiate better conditions with the online providers of music.

On 1 July 2021, the Act on Collective Management Organisations entered into force in the Principality of Liechtenstein. It contains, among others, provisions to cater for transparency among collective management organisations. The EU Directive of 2014 has thus been implemented. So that SUISA can take these provisions into account, the code of conduct and the rules on the disclosure of conflicts of interest at Board level were adapted. There are also new disclosure obligations for the Executive Committee. The Board of Directors has passed the respective documents.

Amendments to the budget due to Covid-19

The Board of Directors has adapted the budget to the continuing corona situation for the current year. As early as in December 2020, a cautious budget had been passed for 2021. Nevertheless, the income side must be adjusted to reflect a minus of 1.5% which is expected compared to the original budget. Expenditure is anticipated to be 2.2% less.

Another topic at the meeting was the situation regarding the handling of the double taxation provisions between the Italian sister society SIAE and SUISA. SUISA, just like other European sister societies, is going to approach the Italian tax authorities in order to keep withholding tax deductions for SUISA rights owner members who have their residence outside of Switzerland as low as possible.

Finally, the Board of Directors approved an amendment to the distribution rules regarding the pay-out of licensing income of streaming and download platforms. For another amendment regarding the question how long SUISA can process adjustment distributions for online usages, the Board is going to wait for a more detailed report by the Executive Committee.

Related articles
General Meeting 2021: National Councillor Johanna Gapany elected to the SUISA Board of DirectorsGeneral Meeting 2021: National Councillor Johanna Gapany elected to the SUISA Board of Directors For the second time running, the SUISA General Meeting took place in writing due to the Covid-19 pandemic. Altogether 1,486 composers, lyricists, music publishers and heirs participated in the voting process by letter and e-mail. Read more
Full speed aheadFull speed ahead The Corona pandemic continues to direct the course of SUISA’s business. This was clearly perceptible at the Board meeting in April. Which is why it is all the more important to set the course for the future. Read more
How private copying produces revenue – distribution of blank media leviesHow private copying produces revenue – distribution of blank media levies Nowadays, the lion’s share of private copying is done from the internet rather than from CDs as in the heyday of the record market. SUISA’s Distribution Rules have now been amended to reflect present circumstances. The adjustments are designed to ensure a more equitable distribution of the remuneration from private copying. Read more
Collapse article

Leave a Reply

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

Your email address will not be published.

On the day before the General Meeting, the SUISA Board and its committees usually hold a physical meeting at the venue of the General Meeting. This year, it was different for the second time in a row. Report from the Board of Directors by Andreas Wegelin

SUISA Board of Directors holds a physical meeting for the first time in 15 months

SUISA partition wall set up at a venue: The meeting of a nearly full Board of Directors took place for its regular June sessions in Muri near Berne. (Photo: Natalie Schlumpf & Wolfgang Rudigier)

While the General Meeting could only take place by postal vote due to the precautionary measures taken in the context with the corona pandemic for the second time, the Board of Directors decided to hold a physical meeting for the first time in 15 months in Muri near Berne on 24 and 25...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

Related articles
Negotiating in the age of corona … and with coronaNegotiating in the age of corona … and with corona Negotiating is one of SUISA’s key functions. SUISA negotiates tariffs and contracts inter alia. It must safeguard the interests of its members, ensure their legitimate demands are understood and accepted, and obtain the best possible terms for musical creation. It does this through discussion and compromise: in a nutshell, through human relations. But last spring, a new player invited itself to the negotiating table: Covid-19. Read more
Legal consequences of concert cancellations for Covid-19Legal consequences of concert cancellations for Covid-19 Regrettably, owing to the coronavirus, some musical events have had to be cancelled. What are the consequences of such cancellations for the artists and organisers concerned? Is the artist still entitled to the contractual fee? Read more
Music and culture are part of your daily needsMusic and culture are part of your daily needs 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. Read more
Collapse article

Leave a Reply

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

Your email address will not be published.

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

Full speed ahead

The Corona pandemic continues to direct the course of SUISA’s business. This was clearly perceptible at the Board meeting in April. Which is why it is all the more important to set the course for the future. Report from the Board of Directors by Andreas Wegelin

Report from the Board of Directors: Full speed ahead

Despite adverse circumstances, the Cooperative Society SUISA stayed its course in the interest of its members and principals. (Photo: Lobroart / Shutterstock.com)

Business as usual – this expression may sound odd in Corona year 2. And yet, at the last spring meeting, much remained the (new) same. After one year of Corona, SUISA’s Board and Executive Committee have grown accustomed to meeting via videoconference. Just as they have become inured to the rolling budgeting rendered necessary by the uncertain situation in the cultural sector.

And yet, this year, the first Board meeting was special. After a bumper year in 2019, SUISA saw a downturn in revenues in 2020 – as was only to be expected given the pandemic. However, the decline was less steep than had been feared. Turnover dropped 12% overall. This was primarily due to the drastic fall in revenues from performance rights. Corona-related bans on events, and recurrent business shutdowns led to a 34% decline in revenues from this sector. The most affected were concert licence fees (–51%), restaurants (–46%), entertainment events (–47%) and cinemas (–59%).

Relatively good performance thanks to broadcasting rights and online uses

That total sales “only” declined by 12% was due to a slight increase in broadcasting rights and, above all, to the growth in revenues from online business. Good secondary income and strong cost awareness within SUISA also contributed.

It follows, therefore, that the amount distributable to authors and publishers also declined – by 10.5% overall. Moreover, the Board decided to allocate an unchanged additional distribution of 7% from the released settlement provisions on all uses of works to be settled in 2021.

The business activities of our subsidiary SUISA Digital Licensing, responsible for global online licensing, developed satisfactorily. In 2020, SUISA Digital Licensing generated about CHF 5.5m in revenues. The Board acknowledged the financial situation of SUISA Digital Licensing and the current status of the joint venture Mint Digital Services. Since both companies are still in development, the Board decided the necessary measures to ensure the equilibrium of SUISA Digital Licensing’s balance sheet. SUISA’s claims on Mint for business development costs (under del credere provisions) were extended for an additional year and the additional claim from 2020 was in its turn written off in the financial statements.

The 2021 General Meeting will take place by written correspondence again

In view of the continuing uncertainty with regard to indoor assemblies, the Board decided that the General Meeting would perforce be held for a second time by written correspondence. The Board nominated State Councillor (FDP/Freibourg) to succeed Géraldine Savary who was withdrawing. Video messages from Johanna Gapany, SUISA President Xavier Dayer, and CEO Andreas Wegelin, and information about the 2021 General Meeting to be held by written correspondence is available under www.suisa.ch/en/members/general-assembly.html and on the SUISAblog.

Status of 2021 budget with the ongoing Corona crisis

The uncertain situation in the cultural sector owing to the Corona crisis continues to cause concern. When and how performances will be able to be staged anew, and music halls and theatres will be able to open, is still unknown. As a result, rolling budget planning continues to be the order of the day as in past months. The Board’s Finance Committee will decide in early June 2021 whether the budget approved in December 2020 needs re-adjusting because of Corona.

Thanks to the emergency Corona fund, the Pension Fund for authors and publishers, and the extended rules on advances, SUISA has been able to support its members in these difficult times. In this regard, the Board decided to extend the time limit for the repayment or compensation of advances against current settlements until the end of June 2022.

Mint joint venture to be strengthened

Apart from music publishers – including BMG for Australia, Africa and India – Mint’s customers for online licensing now also include European sister societies. Mint offers their repertoires in bundles to online providers such as Spotify, Apple Music, or Youtube.

By bundling repertoires, Mint is strengthening its market position in online music rights. Despite the small Swiss repertoire, SUISA has become a serious negotiating partner thanks to Mint and SUISA Digital Licensing and the bundling of its repertoire. Depending on the country, its market share of the global repertoire varies between 4 and 10%. At the meeting, the Board defined the conditions to be applied to large European collecting societies wishing to participate in the Mint joint venture. This will further strengthen Mint’s market position in the constantly growing market for online music rights.

Adapting the range of services for members and principals

In the Report on the December meeting, we mentioned that the Board was looking to reorganise the services provided to members and principals with a view to saving costs. As of 2022, principals will only be able to access SUISA’s extended range of services through the online service portal. Comprehensive information on revenues and invoicing will be even easier for principals to find on the portal thanks to the new functionalities. Instead of time-consuming inquiries by phone, letter or email, principals will be able to call up all the data on their relationship with SUISA online through their individual “My account” access. Voting members will have access to these same services via the online service portal; in addition, however, they will continue to be entitled to personal advisory services.

As the above-mentioned Report says, in December 2020, the Board decided that authors and publishers would be admitted as members with full voting rights once they have been principals for at least one year and have received over CHF 3000 (previously 2000) in settlements since first registering as principals. Moreover, members who have received distributions totalling less than CHF 3000 over the last ten years would revert back to the status of principal. This change is in accordance with Article 5.5.4 of SUISA’s Articles of Association. Principals do not have voting rights in the Society, but they are entitled to the same licensing and distribution of revenues from the use of their works; principals have no financial disadvantage over voting members.

These measures – especially the upgrading of services through the members portal – are designed to further enhance SUISA’s efficiency. And, as a result, to distribute a higher share of revenues to authors and publishers.

Related articles
No physical General Meeting in 2021 eitherNo physical General Meeting in 2021 either | plus video Members with voting rights can still co-determine the fate of the SUISA Cooperative by casting their votes in writing. Read more
Online licensing activities require early work registrationsOnline licensing activities require early work registrations From a sales perspective, online music distribution provides enormous opportunities. With little effort, music can be made available to a global audience within an instant. The distribution of copyright royalties, however, is complex when it comes to online usages. This is also due to the fact that the processes differ from those for performing and broadcasting rights. The most important advice is: First, register the work with SUISA as early as possible, then publish it online. Read more
SUISA General Meeting: Emergency fund for authors and publishers approvedSUISA General Meeting: Emergency fund for authors and publishers approved SUISAʼs General Meeting approved the emergency fund for composers, lyricists and publishers of music in the amount of CHF 1.5 million. In addition, Swiss yodeller, singer, composer and publisher Melanie Oesch was elected to the SUISA Board. For the first time in SUISAʼs history, the General Meeting was held in written form due to the Covid-19 pandemic this year. Read more
Collapse article

Leave a Reply

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

Your email address will not be published.

The Corona pandemic continues to direct the course of SUISA’s business. This was clearly perceptible at the Board meeting in April. Which is why it is all the more important to set the course for the future. Report from the Board of Directors by Andreas Wegelin

Report from the Board of Directors: Full speed ahead

Despite adverse circumstances, the Cooperative Society SUISA stayed its course in the interest of its members and principals. (Photo: Lobroart / Shutterstock.com)

Business as usual – this expression may sound odd in Corona year 2. And yet, at the last spring meeting, much remained the (new) same. After one year of Corona, SUISA’s Board and Executive Committee have grown accustomed to meeting via videoconference. Just as they have become inured to the rolling budgeting rendered necessary by the uncertain situation in the cultural sector.

And yet, this year,...read more

Income and expenditure, investments and an anniversary

A wide-ranging list of topics was on the agenda for discussion at the meetings of the SUISA Board on 28 and 29 September 2020. For the first time after the disruption caused by corona, a part of the meeting participants met in Lausanne while respecting the protective measures in person, while some members of the Board of Directors joined via videoconferencing from their home office. Report from the Board of Directors by Andreas Wegelin

Report from the Board: Income and expenditure, investments and an anniversary

Snapshot of the Label Suisse Festival 2020 in Lausanne (to be seen in the picture: Corin Curschellas and Ursina Giger from the trio La Triada). The rights management monopoly of SUISA has a central significance for the cultural development and promotion of music in its entire diversity in Switzerland; that is the persuasion of the SUISA Board of Directors. (Photo: Tabea Hüberli & Dirk Hoogendoorn)

The Board of Directors took note of the fact that the situation regarding the collections in the crisis year have, so far, remained stable compared to the assumptions made in April. Expectations made in the corona budget that had been created in the spring during lockdown were even slightly exceeded on the collections side. Nevertheless, it is very likely that SUISA will close its 2020 financial year with a decrease in income of about 25% compared to the previous year. The expenditure so far is also within the economy budget, and at 12.7% less expenses even better than anticipated.

Christoph Trummer, Head of Political Projects at the Professional Association of Freelance Musicians, Sonoart, informed the Board members about the current state of affairs and the future development of the support measures for music creators. It shows that the cultural associations managed during the covid-19 crisis to take a joint and persistent stance vis-à-vis Parliament, but also offices and authorities, to speak with one voice and to obtain the support for creators and artists that is so urgently needed.

Expenses per tariff from collections to distribution

A rather pleasant result of the cost unit calculation was presented. Said calculation shows how high the expenditure per tariff is from collection to distribution. As a matter of fact, expenses are not the same for all tariffs, depending whether we must issue invoices to many individual customers or just a few, and whether the market survey and coverage is costly.

The costs for the collections and the distribution of copyright remuneration for concerts are, for example, lower than for events held by clubs or associations. In the former case, we often deal with professional event organisers and promoters who usually are aware of their duties when it comes to authors. In the case of events held by associations, sports clubs or office parties the people in charge organising these events often have to be made aware of their obligations.

Cost shares overall did, however, fall per tariff in the survey year 2019. This is because higher secondary income from securities income could be used to cover a large part of the costs. The SUISA Executive Committee is going to continue to explore all possibilities to process collections and distributions in a more cost-effective way. An important element for this shall be the continued automation of the licensing process: Event organisers and promoters shall be able to send online notifications for their events, in an uncomplicated manner. If they do not do so, the system is set to find events on the basis of key word searches and initiate the collection process.

Financial affairs

For the subsidiary Mint Digital Services, the SUISA Board of Directors approved the hypothecation of a securities depot as a guarantee, instead of the guarantee of surety planned for the summer for the licensing of large publishing catalogues.

The Board of Directors is, pursuant to the Articles of Association, responsible for the financial matters of SUISA. In general, the monies are supposed to be invested for the period which lies between the time of receipt of payment from the licensees until the distribution work has been finished and the payments have been made to rights owners. The investments are made on the basis of regulations. Due to the initiative of a member of the Board of Directors, this set of regulations including “security” and “reasonable return of investment” was extended by the criterion “sustainability”.

Past and future

SUISA turns 100 in 2023. The first preliminary preparations and planning work for the anniversary were launched. Inspired by a suggestion of the SUISA Communications Department, deliberations were made how the round birthday of the cooperative could be celebrated adequately. Possible jubilee projects are set to be worked on further.

Furthermore, the Board took note of a legal expert opinion on SUISA’s monopoly position and its future on a licensing market for copyright which has begun to open up. The rights management monopoly has already disappeared in the online rights sector. Latest developments show that SUISA is also facing increased competition in other rights management areas such as by foreign agencies which directly license concerts that take place in Switzerland. In the meantime, SUISA remains, due to the statutory provisions, obliged to a large degree to manage the rights belonging to its field of activity as comprehensively as possible, the expert opinion states.

The Board of Directors holds the view that the rights management monopoly of SUISA needs to be strengthened because it has a central significance for the cultural development, the promotion of music in its entire diversity in Switzerland for authors, music promoters and for consumers. The Executive Committee was tasked to take the necessary measures to inform the authorities and the public.

Related articles
Report of the task force of the SUISA Board of Directors – end of June 2020Report of the task force of the SUISA Board of Directors – end of June 2020 In April 2020, SUISA’s Board of Directors set up a working group to respond as quickly as possible to the negative financial impact of the Covid-19 crisis on SUISA and to identify cost-saving measures together with the Executive Committee. Read more
Support for SUISA members during the corona crisisSupport for SUISA members during the corona crisis – Following the federal COVID-19 ordinances, music usage plummeted depriving authors and publishers of a significant portion of their royalty revenues. SUISA offers its members financial support to bridge the loss in earnings. Read more
SUISA General Meeting: Emergency fund for authors and publishers approvedSUISA General Meeting: Emergency fund for authors and publishers approved SUISAʼs General Meeting approved the emergency fund for composers, lyricists and publishers of music in the amount of CHF 1.5 million. In addition, Swiss yodeller, singer, composer and publisher Melanie Oesch was elected to the SUISA Board. For the first time in SUISAʼs history, the General Meeting was held in written form due to the Covid-19 pandemic this year. Read more
Collapse article

Leave a Reply

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

Your email address will not be published.

A wide-ranging list of topics was on the agenda for discussion at the meetings of the SUISA Board on 28 and 29 September 2020. For the first time after the disruption caused by corona, a part of the meeting participants met in Lausanne while respecting the protective measures in person, while some members of the Board of Directors joined via videoconferencing from their home office. Report from the Board of Directors by Andreas Wegelin

Report from the Board: Income and expenditure, investments and an anniversary

Snapshot of the Label Suisse Festival 2020 in Lausanne (to be seen in the picture: Corin Curschellas and Ursina Giger from the trio La Triada). The rights management monopoly of SUISA has a central significance for the cultural development and promotion of music in its entire diversity in Switzerland; that is the persuasion of the SUISA Board of...read more

Corona budget up to the end of May has been met

For the second time, the Board of Directors had to hold its regular meetings as video conferences due to corona. Of course, the financial situation due to the pandemic was also the most important topic at these meetings. Report from the Board of Directors by Andreas Wegelin

Corona budget up to the end of May has been met

The impact of the corona crisis on the financial situation of the Cooperative was the main topic at the meetings of SUISA’s Board of Directors on 25 and 26 June 2020. (Photo: Bartolomiej Pietrzyk / Shutterstock.com)

The Board of Directors took note of the revenue figures up to the end of May 2020, which have fallen by 15.5% compared to the original budget for performing rights. In terms of total sales, the decline is still 7.7%. The Executive Committee therefore presented a corona budget as early as April. The budget could be met until the end of May. Revenues are even slightly higher (+3.1%).

It is important to know, however, that these revenues generated by the end of May originate from the time before the cancellation of all events. The impact on revenues due to the events that have been cancelled since mid-March will only be felt in the second half of the year. Savings were made on the cost side (–3%), but the current bonds and securities situation had a negative impact.

Audit report, Mint, PRS

The Board of Directors also acknowledged the comprehensive report of the auditors, BDO, and discussed various report points with the Executive Committee.

With regard to the joint venture Mint Digital Services with the American society SESAC, the Board of Directors was informed about the planning of licensing activities in the coming months and the roadmap 2020–24. It is planned to extend the direct licensing of our repertoire to India, Australasia and Africa. In this context, the Board of Directors decided to grant guarantees for the licensing of large publishing catalogues.

The renewal of the reciprocal representation agreement with the English sister society PRS was also a topic at the Board meeting. PRS is taking a critical stance regarding the deductions from revenues for social purposes as provided for in our Articles of Association. This could lead to a revision of the Articles of Association after further negotiations with the PRS.

Waiver of attendance fees in favour of emergency fund

In view of the difficult situation for many cultural performers and especially for SUISA members, the Board of Directors decided to waive its attendance fees in favour of SUISA’s recently established emergency fund. Executive Committee members also waive parts of their salaries in a similar amount in favour of a reduction in personnel costs.

Report of the task force of the SUISA Board of Directors – end of June 2020
In April 2020, SUISA’s Board of Directors set up a working group to respond as quickly as possible to the negative financial impact of the Covid-19 crisis on SUISA and to identify cost-saving measures together with the Executive Committee. Read more
Related articles
Support for SUISA members during the corona crisisSupport for SUISA members during the corona crisis Following the federal COVID-19 ordinances, music usage plummeted depriving authors and publishers of a significant portion of their royalty revenues. SUISA offers its members financial support to bridge the loss in earnings. Read more
A Board Meeting focused on the coronavirusA Board Meeting focused on the coronavirus To comply with coronavirus regulations, SUISA’s Board met for the first time by video conference on 28 and 29 April 2020. Board members were connected by sound and video from their respective home offices. After a short period of accustomation, the meeting proceeded apace without any significant communications problems. Even thorny issues were debated and decided in this way. Read more
A worldwide network for the rights of SUISA membersA worldwide network for the rights of SUISA members Music doesn’t know any boundaries. Not just literally but also geographically: Once you have managed to make it abroad, a well-functioning network of local support can be of great use. This applies particularly for the administrative work and therefore also for types of copyright which cannot be paid out in cash there and then. SUISA has a global network and is engaged in activities, in cooperation with its foreign sister societies, to manage the rights of SUISA members as comprehensively as possible. Read more
Collapse article

Leave a Reply

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

Your email address will not be published.

For the second time, the Board of Directors had to hold its regular meetings as video conferences due to corona. Of course, the financial situation due to the pandemic was also the most important topic at these meetings. Report from the Board of Directors by Andreas Wegelin

Corona budget up to the end of May has been met

The impact of the corona crisis on the financial situation of the Cooperative was the main topic at the meetings of SUISA’s Board of Directors on 25 and 26 June 2020. (Photo: Bartolomiej Pietrzyk / Shutterstock.com)

The Board of Directors took note of the revenue figures up to the end of May 2020, which have fallen by 15.5% compared to the original budget for performing rights. In terms of total sales, the decline is still 7.7%. The Executive Committee therefore presented a corona budget as early...read more