Tag Archives: Reciprocal representation agreement

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
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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

Dual memberships: SUISA, and what else?

SUISA manages the rights for its members globally. You should carefully review and consider the relevant effort and income if you wanted to become a member of several authors’ societies. Text by Claudia Kempf and Manu Leuenberger

Dual memberships: SUISA, and what else?

It is not a problem for rights management to deal with members of several collecting societies who are playing the same band. One example is the Swiss-German pop duo Boy, shown during a live performance at the SiriusXM studios in New York City on 03 April 2013. Valeska Steiner (r.) is a SUISA member, Sonja Glass (l.) is registered with a sister society abroad. (Photo: Rob Kim / Getty Images)

SUISA has entered into reciprocal agreements with over 100 sister societies globally. These agreements provide SUISA members with a big advantage: They can exercise their musical activities outside of Switzerland – the payment of the relevant copyright remuneration is made in the usual manner by its trusted society, SUISA.

If you live outside of Switzerland or the Principality of Liechtenstein, you can also become a SUISA member. Last but not least, it is also possible to be a member of another collective management organisation in addition to your SUISA membership. The following FAQs are intended to summarise what you need to consider when contemplating a so-called dual membership:

What should I consider before applying for dual membership?
If you become a member of a sister society abroad – on top of your SUISA membership – you have to expect an additional administrative effort. In the case of dual memberships, you need to deal with the regulations and formalities of several societies.
You also need to consider the extra cost: Some societies charge admission fees, respectively annual membership fees. Furthermore, some sister societies’ services may be fee-based, whereas at SUISA, they are covered by the general administration cost deduction from distributions. We recommend that you thoroughly analyse any one-off and regularly recurring costs of memberships with other societies.
Furthermore, you should consider any potential effects on the pension payments from SUISA: In the case of dual memberships, you receive your remuneration directly from other societies. This reduces the level of the remuneration distributed via SUISA, which, in turn, may have an influence on the calculation of the relevant income for your pension entitlement which you have as a SUISA member from your 63rd birthday onwards. Find more information on SUISA’s pension scheme here.

What is the use of a dual membership anyway?
In the case of a dual membership, remuneration for usages from a specific territory are not distributed via SUISA but via the respective society based abroad. An author whose works are performed or broadcast a lot in Argentina could become a direct member of the Argentinian society (Sadaic). Due to the dual membership with Sadaic, the respective royalties would be paid out more quickly after the performance, resp. broadcast, since Sadaic does transfer the payment directly to the author rather than to SUISA in the first place. SUISA has, however, recently created a new distribution schedule for payments from abroad and harmonised the settlement dates better with the dates of the sister societies so that the remuneration can be paid out more quickly.
In the case of a dual membership, members must clarify any queries relating to settlements, pay-outs and formalities directly with the society abroad. The only difference in the level of remuneration is that SUISA takes off a cost deduction of 4% when distributing royalties from abroad. In the case of rights being managed abroad, the tariffs and distribution rules prevalent in the respective territory are applicable. The cost deduction of 4% thus does not apply in the case of a direct membership with a second society, but only for its own “home territory”, in the case study of Sadaic, this would mean for Argentina (only). The society based abroad would, however, take off a cost deduction for all other territories, just like SUISA would.
It is therefore recommended to review and consider the effort and income carefully. This applies especially against a background of territorial limitations dissolving in the online sector, and SUISA being able to manage the online rights for its members across all of Europe (and other countries) directly, i.e. without any intermediate steps via a sister society. Please also refer to the next FAQ.

Does it make sense to assign online rights to several societies?
Since August 2013, SUISA has been licensing online rights at a pan-European level. This means: SUISA collects its members’ remuneration from iTunes, for example, for all of Europe. For SUISA members, this means that they receive their income from the online sector directly (without any intermediate step via sister societies) and thus more quickly. A dual membership for online rights makes no sense in this case.

Do I have to change society if I move to another country?
If you have not excluded any territories from your Administration Agreement with SUISA, then SUISA manages the rights of its members globally, irrespective of its members’ residence. You can therefore be a SUISA member irrespective of where you are a resident or where you are relocating to.

What do I have to consider when I change societies?
We recommend that you check the membership admission conditions of the new society up front. All details and documents for a SUISA membership can be accessed on the SUISA website, both for authors and publishers. Only when you are sure that your admission with the new society has been successful, should you terminate your relationship with your former society. You should follow the same procedure if you wish to become a member of an additional society just for a specific territory.
Another item to consider: periods of notice. At SUISA, it is possible to give 6 months’ notice for individual territories per the end of a year (31st December). Furthermore, it is important to know that certain societies abroad manage performing and broadcasting rights only, or mechanical rights only. Before you withdraw rights from a society, you should check whether the new society really manages all rights – as is the case with SUISA.

What happens in terms of double taxation in the case of dual memberships?
You should also establish tax-related matters in the case of dual memberships. Detailed information on the topic of double taxation would go way beyond the scope of this article. It might be useful to consult a tax advisor in this context. SUISA has collated some information on the fact sheet “Notes on double taxation” which can be accessed at www.suisa.ch/urheberdokumente.

What happens to my IPI number when I change society?
The IPI number is an international identification number of an author or a publisher. The number is unique and remains unchanged, irrespective of the society you are a member of. Further information on the IPI number can be found on our website in the section law & guidance, or in our members’ magazine SUISAinfo, edition 2.12 (in German, PDF, 3.2 MB).

Does it make sense to become a SUISA member if my works are exclusively used in a territory abroad?
If the entire repertoire of an author is exclusively used in one single country outside of Switzerland and Liechtenstein, it might make sense to apply for membership with the relevant society in that country. It does, however, always depend on your individual situation. It pays back to get good advice, not just in this case: Our members of staff of the SUISA members’ department are happy to help with any queries relating to (dual) membership and changing society:

Author(s)
d/e: authors(at)suisa(dot)ch, 044 485 68 28
f: authorsF(at)suisa(dot)ch, 021 614 32 32
i: autori(at)suisa(dot)ch, 091 950 08 28

Publishers
All languages: publishers(at)suisa(dot)ch, 044 485 68 20

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SUISA manages the rights for its members globally. You should carefully review and consider the relevant effort and income if you wanted to become a member of several authors’ societies. Text by Claudia Kempf and Manu Leuenberger

Dual memberships: SUISA, and what else?

It is not a problem for rights management to deal with members of several collecting societies who are playing the same band. One example is the Swiss-German pop duo Boy, shown during a live performance at the SiriusXM studios in New York City on 03 April 2013. Valeska Steiner (r.) is a SUISA member, Sonja Glass (l.) is registered with a sister society abroad. (Photo: Rob Kim / Getty Images)

SUISA has entered into reciprocal agreements with over 100 sister societies globally. These agreements provide SUISA members with a big advantage: They can exercise their musical...read more

A 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. Text by Irène Philipp, Director

A worldwide network for the rights of SUISA members

Bastian Baker, singer-songwriter from Lausanne, who has been a member of SUISA since 2011, performed in the Hard Rock Cafe in Santiago, Chile, during his Latin America tour in spring 2015. With a SUISA membership, authors can have their rights managed by a network made of more than 100 foreign sister societies. (Photo: Lorena Weber)

SUISA has entered into reciprocal agreements with over 100 sister societies abroad. In Switzerland and Liechtenstein it thus represents the repertoire of about 2 million authors and publishers from all over the world. At the same time, those agreements form the basis that SUISA members benefit from copyright fees collected abroad.

Cooperation between collective management organisations

The basic principle of international cooperation between collective management organisations is illustrated by the following example: For concerts in Switzerland or Liechtenstein, SUISA collects money for the copyright on the performed works from the event organiser. If the composers of the works are members of a foreign society, SUISA passes on the collected royalties to the relevant societies. These societies, in turn, pay the royalties in line with their own distribution rules to their members who have participated in the work.

Thanks to the reciprocal agreements, the money flow also takes place in reverse: For concerts abroad where works of SUISA members are performed, the local society of the relevant country collects the money, passes it on to SUISA which distributes it to the SUISA members entitled to receive a payment.

It does not matter where the musical activity or usage takes place: By means of this global network, SUISA can manage its members’ rights nearly everywhere. All it takes for this to happen is for creators to enter into a rights administration agreement with SUISA. By means of a rights administration agreement, authors assign their rights to SUISA, usually on a worldwide basis.

Rights Administration Agreement with SUISA

The rights administration agreement, in connection with the general administrative terms and conditions (AWB) is the most important link between SUISA and its members. With the conclusion of this agreement, SUISA is instructed to manage important pecuniary copyrights in Switzerland and abroad (via the sister societies) on a fiduciary basis.

It is also possible to limit the territories for which the rights are assigned to SUISA. Membership in several societies is an option, e.g. to have another society cover a specific geographic area. Both options are, however, linked with disadvantages: In the case of limiting the territorial scope, the authors have to manage their rights themselves or entrust another society with them. In the case of multi-society memberships, formalities of several societies have to be met – especially with a view to work registrations – and members would have to deal with questions such as double taxation, different distribution rules, statutes etc.

SUISA recommends not to make any exceptions to the rule, unless a member is particularly successful in another territory in the long run. Further information in the article “Play abroad, communicate with SUISA at home” in the section “Good to know” The advantage for members is that they have only one contact and don’t need to delve into all the different terms, conditions and rules. Finally, by entering into a rights administration agreement with SUISA, the rights are already managed on a global level as far as possible.

Rights management abroad

When it comes to copyright royalties arising from international musical activities, SUISA depends on the collaboration with its sister societies abroad. It is important to note that collections and distribution of the royalties vary from country to country and are subject to different rules.

It follows that the rights management via sister societies abroad is based on the regulations, tariffs, distribution rules and contracts valid in the respective country. Each sister society determines its modus operandi autonomously. SUISA can therefore not guarantee a 100% coverage of rights management and not be liable for the activities of its sister societies abroad. SUISA is not obliged to actively pursue copyrights abroad. If there is more than one sister society in a country, SUISA is going to enter into one or several reciprocal agreements with the sister society or sister societies of its choice.

SUISA can transfer royalties to its members once it has actually received them from the sister societies. Known uses abroad should be declared to the society in charge. We therefore recommend to inform SUISA if you take your activities up abroad. It is well worth it to use the global network to manage the rights of SUISA members.

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

Your email address will not be published.

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. Text by Irène Philipp, Director

A worldwide network for the rights of SUISA members

Bastian Baker, singer-songwriter from Lausanne, who has been a member of SUISA since 2011, performed in the Hard Rock Cafe in Santiago, Chile, during his Latin America tour in spring 2015. With a SUISA membership, authors can have their rights managed by a network made...read more

Musik, ein internationales Geschäft! Auch für SUISA-Mitglieder?

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