Tag Archives: Online use

2018 – a challenging year?!

Review of the Copyright Act, No-Billag-Initiative, online licensing, further development of “my account”… With such topics, SUISA continues to pursue the aim to offer its members efficient services and to create optimal framework conditions. We will face the challenge! By Irène Philipp Ziebold, Director

2018 – a challenging year?!

SUISA supports a NO to the No-Billag-Initiative: “If we did not do anything, we would not live up to our duties as a self-help organisation of music creators” writes Director Irène Philipp Ziebold. (Photo: Manu Leuenberger)

We want to continue to provide efficient services to our members in 2018 and to create optimal framework conditions for them. We have been pursuing these goals in a continuous process for quite a while. For this year we have made a clear note of these intentions and resolutions in our ‘to do’ notepads, since we are facing many challenges in 2018.

With respect to the framework conditions, for example, it is important that authors and publishers benefit better from the online usage of their works with the review of the Copyright Act, or that, in the interest of Swiss music, the reception fees made out of solidarity for public service media are not abolished. In an increasingly cross-border oriented competitive environment, it is, however, also of entrepreneurial importance to optimise the service range offered for members and customers alike.

Since December 2017, statements are made available via “my account”Since December 2017, statements are made available via “my account”
Thanks to the password-protected members’ area “my account”, our members can keep an overview of their distribution statements and distribution settlements. Many members asked us to stop the dispatch by post. We have taken this request into account and introduced the option to renounce on the postal dispatch. Read more

Something we at SUISA can determine as a Cooperative Society is whether a member can access its settlements via “my account”. Since December 2017, only those who have had access to “my account” have been receiving their distributions electronically. It is important in this context that we approach such developments in the interest of our members and never lose sight of the goal to offer high-quality efficient services. Driven by such a motivation, we have continued to improve our services for our members throughout the last few years.

Above and beyond that, we also have the duty as a collective management organisation for copyright to make social and political statements and to create optimal framework conditions as a consequence. Compared to the above mentioned “internal” processes and services, we cannot make the “right” decisions ourselves but influence matters so that the interests of our members are being taken seriously.

Copyright Act Review: Authors and publishers must benefit more from the online exploitation of their worksCopyright Act Review: Authors and publishers must benefit more from the online exploitation of their works
The Federal Council has adopted a dispatch on the new Copyright Act. SUISA is in principle content with the current version of the law. The solutions achieved in the working group for the Copyright Act (AGUR12 II) were implemented. In order for authors, performers, publishers and producers to benefit better from the digitisation, it is necessary to adopt important additions. Read more

We thus engage ourselves to ensure that the creatives, our members as the content suppliers for online platforms do not come out of this empty-handed and that they can expect a modern Copyright Act.

We therefore also support a NO to the No-Billag-Initiative. For many of our members, the public service idea, especially the opportunity to disseminate music and culture, is essential. In this case, the broadcasters of SRG SSR as well as the 35 state-licensed TV and radio stations play a fundamental role. If the reception fees made by Swiss households out of solidarity for their public service media would be abolished, then important platforms for our members for the dissemination of their works would fall away.

Subsidised broadcasters offer more variety and more SUISA repertoireSubsidised broadcasters offer more variety and more SUISA repertoire
Subsidised radio and TV broadcasters in Switzerland and Liechtenstein tend to create more broadcasting space for the music of SUISA members than privately financed channels. Moreover, the majority of the broadcasters supported by the Swiss Federation play more diverse music titles than their counterparts which are focussed on advertising revenue. In the interest of our local music creation and the cultural diversity, we therefore have to reject an abolition of the solidarity-based fees for public service media. Read more

SUISA therefore supports the activities of creators and artists and their associations such as Sonart – music creatives Switzerland, Suisseculture or the Swiss Music Council against No-Billag. If we did not do anything, we would not live up to our duties as a self-help organisation of music creators. And that’s why we take on the challenges 2018 is going to throw at us!

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Review of the Copyright Act, No-Billag-Initiative, online licensing, further development of “my account”… With such topics, SUISA continues to pursue the aim to offer its members efficient services and to create optimal framework conditions. We will face the challenge! By Irène Philipp Ziebold, Director

2018 – a challenging year?!

SUISA supports a NO to the No-Billag-Initiative: “If we did not do anything, we would not live up to our duties as a self-help organisation of music creators” writes Director Irène Philipp Ziebold. (Photo: Manu Leuenberger)

We want to continue to provide efficient services to our members in 2018 and to create optimal framework conditions for them. We have been pursuing these goals in a continuous process for quite a while. For this year we have made a clear note of these intentions and resolutions in our ‘to do’...read more

Changes to the distribution of collections for internet use

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

Changes to the distribution of collections for internet use

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

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

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

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

New distribution keys for downloads and streaming

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

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

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

In the end, the following split was agreed:

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

Distribution of the collections from video on demand (VOD)

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

For further information see the distribution rules of SUISA.

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Copyright Act Review: Authors and publishers must benefit more from the online exploitation of their worksCopyright Act Review: Authors and publishers must benefit more from the online exploitation of their works The Federal Council has adopted a dispatch on the new Copyright Act. SUISA is in principle content with the current version of the law. The solutions achieved in the working group for the Copyright Act (AGUR12 II) were implemented. In order for authors, performers, publishers and producers to benefit better from the digitisation, it is necessary to adopt important additions. The “Transfer of Value”, for example, is extremely disappointing for creators and artists: Internet giants’ platforms continue to be the ones that cash in on the online exploitation of music and films. Creators and artists – and thus the suppliers of the content – are almost left empty-handed. Read more
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All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

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

Changes to the distribution of collections for internet use

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

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

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

Copyright Act Review: Authors and publishers must benefit more from the online exploitation of their works

Last week, the Federal Council has adopted a dispatch on the new Copyright Act. SUISA is in principle content with the current version of the law. The solutions achieved in the working group for the Copyright Act (AGUR12 II) were implemented. In order for authors, performers, publishers and producers to benefit better from the digitisation, it is necessary to adopt important additions. The “Transfer of Value”, for example, is extremely disappointing for creators and artists: Internet giants’ platforms continue to be the ones that cash in on the online exploitation of music and films. Creators and artists – and thus the suppliers of the content – are almost left empty-handed. Text by Andreas Wegelin, CEO

The Copyright Act urgently requires provisions for the online exploitation of works protected by copyright. The value creation nowadays completely passes by creators and artists – and thus the producers of the content. It is especially the powerful internet industry that benefits strongly thanks to the revenue from advertising and usage data. (Image: yaichatchai / Shutterstock.com)

Many creators and artists, users’ associations and other target groups are likely to have received the current version of the Copyright Act with relief: The legal text is a giant step compared to the half-baked draft which the Federal Council had presented at the end of 2015, and which had caused nearly all interest groups to shake their heads. The outcome was that up to March 2016 a record number of more than 1,200 position papers were submitted. The working group on copyright AGUR12 II was also reactivated. We had already reported on this earlier this year, in March, via our SUISAblog.

Parliament supposed to blaze the trail for a modern Copyright Act

The working group is made up of creators and artists, producers, users, consumers, internet service providers, the Federal Office of Justice as well as additional representatives of the administration has obviously done a good job: In the current version, the proposals of the working group were adopted to a large extent. It is now down to the Parliament to blaze the trail for a modernised version of the Copyright Act. SUISA as well as other Swiss collective management organisations support the compromise.

This does, however, not mean that the current version does not need any improvements. On the contrary – the biggest problems of digitisation for creators and artists remains unsolved: Protected works in videos, texts, images and music data have never been used at the same intensity levels as they are today via the internet. Some major internet companies are the profiteers of this exploitation while the value creation almost completely passes by creators and artists – and thus the producers of the content.

Thanks to the internet: Music lovers can nowadays access an enormous number of films, music pieces, books and news articles, nearly from anywhere and at any time. There is no longer a need for physical work copies. The availability in the Cloud or access via streaming is now enough. Apart from online distributors such as Apple, Spotify, Netflix or Amazon, music and films are nowadays mainly shared via social media platforms such as YouTube or Facebook.

Many internet providers hardly take care of copyright

Online distributors usually take care of copyright and enter into licensing agreements with producers and collective management organisations. This leads to musicians, producers and other creators and artists to receive a remuneration for their work. In the case of intermediaries, e.g. social media platforms and aggregators such as Tunein, the situation is different. The technical services they offer also allow users to disseminate works protected by copyright. In such models where protected content is shared, the providers hardly look after the copyright. On the contrary: They regularly pass the responsibility on to the users who upload the contents.

Add to that the fact that social media platforms and aggregators are the competitors of online distributors such as iTunes or Spotify – they yield high financial gains without participating the authors adequately. A European study shows that value added for the operators of such platforms is very high thanks to works such as music and films protected by copyright. 18% of Google’s income, for example, is made on the back of protected works e.g. via sponsored links. If the protected works were to fall away, the click rate and therefore the attractiveness of the search engine would drop. The value creation on platforms such as YouTube is even higher – they yield 2/3 of their turnover with contents protected by copyright – mainly from advertising, but also sales of profile data. They do, however, defer the act of clearing the copyright to those uploading the contents, even though the latter are not even in a position to do so.

A discussion on the Transfer of Value must also take place in Switzerland

Authors, the actual creators of the works, receive no or hardly any remuneration at all in the case of such platforms. This calls for urgent action. In the EU there has been a discussion on the Transfer of Value on the internet for quite some time. It is therefore high time to bring this discussion to Switzerland. Urgent measures are needed in Switzerland so that the transfer of value away from authors can be stopped – and therefore the creeping expropriation of creators and artists. Social media platforms, aggregators and search engine operators must be obligated to pay a compensation for the works used via their technical platforms.

SUISA and other Swiss collective management organisations are therefore going to introduce these important additions to the legislative process. Creators and artists must get a fairer share in the value creation on online platforms.

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  1. sam says:

    danke für ihren einsatz

  2. Stevens says:

    They stole our revolution and now they steal our music.

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.

Last week, the Federal Council has adopted a dispatch on the new Copyright Act. SUISA is in principle content with the current version of the law. The solutions achieved in the working group for the Copyright Act (AGUR12 II) were implemented. In order for authors, performers, publishers and producers to benefit better from the digitisation, it is necessary to adopt important additions. The “Transfer of Value”, for example, is extremely disappointing for creators and artists: Internet giants’ platforms continue to be the ones that cash in on the online exploitation of music and films. Creators and artists – and thus the suppliers of the content – are almost left empty-handed. Text by Andreas Wegelin, CEO

The Copyright Act urgently requires provisions for the online exploitation of works protected by copyright. The value...read more