Tag Archives: Streaming

Negotiating 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. By Vincent Salvadé, Deputy CEO

Negotiating in the age of corona … and with corona

The tariffs that are being negotiated now, during the corona crisis, are intended to apply in better times when music will hopefully be played again. (Photo: Tabea Hüberli & Dirk Hoogendoorn)

The dynamics have changed. Talks are now held mostly by videoconference. In other words, human relations take place through an interposed screen. This makes it more difficult to observe non-verbal reactions to a proposal, or simply to understand one’s counterparts. We must adapt … and regret the days when a handshake symbolised agreement.

Moreover, the crisis tends to freeze negotiating positions. On the one hand, the economy is in trouble: large events are banned, and the country goes from lockdown, to unlockdown, to re-lockdown. On the other, artists’ and creators’ revenues are in free fall. Under the circumstances, it is more difficult to make concessions and reach a compromise. Everyone is determined to protect what little they have left.

So what strategy should SUISA now adopt?

Firstly, certain sectors are clearly less impacted by the crisis than others. Online usages, for example, are not lagging: people are too scared – or are not allowed – to go to the cinema, so they watch a film on VoD. Music streaming is also doing well. These are therefore the areas SUISA should focus on to negotiate the best terms for its members. Who, for their part, are having a truly hard time.

“It is our duty today to prepare for the future and to support the equitable implementation of legal principles in favour of our members.”

We must, however, avoid one pitfall. In many areas, the fall in users’ revenues automatically has negative consequences for authors: after all, authors’ royalties are calculated as a percentage of users’ revenues. Users should not take advantage of the crisis to obtain better terms from SUISA. Otherwise authors will lose twice. We have had to remind our partners of this.

But the hard truth is that the live entertainment sector is in agony. Last spring, we interrupted certain negotiations hoping to start them again when the sun came back. After a short reprieve, the clouds are now building up again … and the tariff process takes time. Now, at the end of 2020, we are negotiating tariffs which will only come into force in 2022 when (as we dare hope) the crisis will be well behind us. It is our duty today to prepare for the future and to support the equitable implementation of legal principles in favour of our members. That is certainly not easy when our partners are losing money. But it is our responsibility for a better future.

Related articles
From forte to pianissimo in just a few beatsFrom forte to pianissimo in just a few beats In 2019, SUISA recorded its best results in its 96-yrear history, with total revenues of CHF 171 million. Moreover, thanks to the excellent investment year in 2019, its investment performance also attained record heights. After deducting an average cost-coverage contribution of 13% from total royalty revenues of CHF 155.2 million, SUISA will be able to distribute CHF 135 million to rightholders in Switzerland and abroad. And yet, three months on, everything has changed. 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
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
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.

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. By Vincent Salvadé, Deputy CEO

Negotiating in the age of corona … and with corona

The tariffs that are being negotiated now, during the corona crisis, are intended to apply in better times when music will hopefully be played again. (Photo: Tabea Hüberli & Dirk Hoogendoorn)

The dynamics have changed. Talks are now held mostly by videoconference. In other words, human relations take place through an interposed screen. This makes it more difficult to observe non-verbal reactions to...read more

Online 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. Text by Andreas Wegelin and Manu Leuenberger

Online licensing activities require early work registrations

If you distribute your music via an online provider, it will be advantageous if you stick to the following rule of thumb: First, register the work with SUISA, then publish it online. (Photo: Anutr Yossundara / Shutterstock.com)

When it comes to the internet, trade activities are not halted by national borders. Especially in cases when the goods are not physical but only purely digital in terms of their transport from the provider to the customer – as is the case for music. Online music providers such as Apple Music, Spotify or YouTube take their products directly to the audience via streaming or download: On its journey between the internet platform and the playback devices of the listeners, the music product does not pass customs, nor are there any intermediaries (apart from the telecoms provider of the internet access).

The following is decisive in this chain of commerce: When it comes to online music-distribution, territorial limitations have not only been lifted to a great extent for the consumer but also with regards to the licensing of the copyright. The distribution process differs fundamentally from the existing practice in the “offline sector”, i.e. for performing or broadcasting rights or the licensing of sound recordings. SUISA only issues licences for the territory of Switzerland and the Principality of Liechtenstein in the offline sector, but for all works that have been used, including those of the members of our sister societies abroad. Reciprocal representation agreements ensure that the members of other sister societies obtain the share in the works that have been used in Switzerland. The same also applies vice versa: If works by SUISA members are performed abroad, the sister society in charge for the territory in question collects the remuneration and passes it to SUISA for onward distribution to its rightsholders.

This works differently in the online sector. Another practice has established itself since the Recommendation of the EU Competition Commission from 2005, according to which more competition should be created during the online exploitation of copyright. The corresponding EU Directive which was determined five years ago states that each rightsholder can choose for their online licences whether they want to issue them directly or whether they wish to instruct a partner such as a collective management organisation of their choice to manage them across Europe (also known as pan-European).

SUISA active since 2012 for online direct licensing

The major music publishers have assigned the rights management for the shares in their works on a cross-border basis 10 years ago. This type of licensing is called direct licensing. In the field of cross-border usages, rightsholders, i.e. publishers or collective management organisations, specifically account the royalties for their repertoire directly with the “Digital Service Providers” (in short: DSPs) such as Apple Music, Spotify or YouTube. This means: If users abroad listen to works by SUISA members on platforms by the online music providers, SUISA collects the remuneration for such usages directly from the provider. There are no more “intermediaries” between SUISA and the Digital Service Provider as it exists in the traditional offline sector by way of a foreign sister society.

Many societies in Europe have already transitioned to this global direct licensing practice of their members’ works. Since 2012, SUISA has been licensing the rights of its members not only for Switzerland but also for other territories on a cross-border basis, and that with a constantly increasing number of online music providers. In the beginning, these included the European countries, since 2018, more and more territories are added outside of Europe. In the meantime, SUISA is usually issuing global licences to the DSPs with the exception of the following: USA, Canada, South America, North Korea, South Korea, Japan, Syria and Australasia. There are plans, however, to expand into these territories in the future.

Direct licensing has had the consequence that SUISA could only issue licence invoices for works for which it had the relevant documentation, since it is the individual work share that is now relevant, not just the fact whether an author is a SUISA member or not.

Nevertheless, it happens often that Digital Service Providers receive invoices from several collective management organisations for shares in the same work. This leads to so-called “overclaims” or “underclaims”. Such overclaims or underclaims (in terms of rights) result from a lack of clarity among the societies issuing the invoices who can claim the remuneration for which shares in a work in which territory for their principals. There is often also a situation of “no claims” i.e. when no society issues an invoice.

This has led to a scenario where the providers paid rightsholders more than the agreed remuneration in the case of “overclaims” and too little or nothing in the case of “underclaims” or “no claims”. There are also Service Providers which withhold the payment in the case of “overclaims”. If thus the claims of all invoicing collective management organisations for a work exceed 100% (shares), no royalties are paid as long as it is not defined who is actually permitted to invoice for which share.

Invoicing process with online music providers

A working group of the collective management organisations, major publisher and the most important online music providers has taken care of this issue and agreed to the following solution:

Issuing invoices to a DSP happens in several steps. The collective management organisation receives usage data from the DSP. Based on these usage reports, which contain a period of one or three months, the provider receives an invoice for all work shares in titles for which the society holds the usage rights of an author or a publisher. If the invoices that have been issued by various collective management organisations do not match for one work title, so-called “disputes” arise.

The societies have 18 months to resolve such conflicts of claims. Within said period, SUISA checks the data of the usage reports once more and compares it with the updated SUISA work documentation. If, during this search, new correlating entries are detected, they will be invoiced retroactively. Whatever has not been resolved after 18 months shall fall under the so-called “residuals”; this is the licensing remuneration for work shares which have not or only partially been invoiced (“underclaims” and “no claims”).

The “residuals”, the remuneration that has not been claimed from the DSP from “underclaims” and “no claims” shall be paid out by SUISA as a supplement to the works used in the same distribution period. A work that has not been registered at that point could therefore not receive a supplement.

Register the work first, then publish it online

The most important advice for SUISA members who make their compositions available via online music distribution channels, is: First, register the work with SUISA as early as possible, do not publish it online before!

If you follow this rule of thumb, you create a basis whereby works can be detected from the beginning in online usage reports and can be invoiced to the Digital Service Providers. The distribution process with the online music providers is subject to deadlines and the attention of the audience on the internet is often rather ephemeral. When you register works too late, there is the risk that usages are not detected and royalties cannot be allocated.

If the work registration takes place before the first recording of the work is published for streaming or downloading, SUISA can claim the work shares with the Digital Service Providers from the very beginning. In order to enable a simple automatic identification, the metadata of the works registration should be the same as the data which the DSP has for the work.

Metadata is additional information and particulars which describes other data in more detail. Thanks to such additional information, it is possible to determine and thus find individual elements during searches within big data volumes. A musical work title ideally comprises, apart from the usual details on composer, lyricist, publisher etc., information on the performer(s), and, if applicable, alternative work titles of versions in other languages as well as remix/edit versions, such as “song title – radio edit” or “song title – extended version”. Complete and correct metadata provides a great advantage when it comes to finding a concordance during the automated matching of the usage reports with the works database.

These requirements are vital for a work to be correctly distributed in all of the territories directly licensed by SUISA and with all of the online music providers directly licensed by SUISA.

Related articles
Penny-pinching in digital music distributionPenny-pinching in digital music distribution Business in the online sector has been subject to constant change – not only for copyright societies. In the second part of the interview, SUISA CEO Andreas Wegelin reports on the status quo and provides an outlook on the scenarios that are being discussed. 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
The revised copyright law has come into forceThe revised copyright law has come into force The coronavirus pandemic has naturally eclipsed this event. Yet the amended Federal Copyright Act came into force on 1 April 2020 after the Pirate Party failed its attempt to launch a popular referendum. 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.

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. Text by Andreas Wegelin and Manu Leuenberger

Online licensing activities require early work registrations

If you distribute your music via an online provider, it will be advantageous if you stick to the following rule of thumb: First, register the work with SUISA, then publish it online. (Photo: Anutr Yossundara / Shutterstock.com)

When it comes to the internet, trade activities are not halted by national...read more

“The crisis feels a little like being in a rehab clinic to me”

During the corona crisis, via its project “Music for Tomorrow”, SUISA is providing a platform for some members to report on their work and the challenges they are facing during this period. This time round, the Valaisian musician and songwriter Tanya Barany tells us why she hopes that people in this crisis have focussed their awareness of things like care, appreciation, solidarity or reflection and exclusively performs her song “Cotton Clouds”. Text by Giorgio Tebaldi; video by Tanya Barany, complemented by Nina Müller

“Dark like my British humour, but with a touch of fresh mountain air,” is how Tanya Barany describes her “Dark Pop”. Born and grown up in the Upper Valais, Tanja Zimmermann, that is what she is actually called, found her way to music at an early age: “I’ve been singing, dancing and performing all my life. The stages have simply become a bit bigger over time,” she says in a written interview. “What was once my bed has mutated into a Gampel Open Air stage.” Her musical career began with her first solo appearance with guitar at a children’s hit parade at the age of 11. At the age of 14 she founded the girl power trio Labyrinthzero, with which she released her first EP with her own compositions and played over 150 concerts at home and abroad.

Found a musical home

Decisive for her musical career was the encounter with Jonas Ruppen, who plays keyboard in her band and creates the videos: “He showed me the world of Radiohead, James Blake, etc. – and suddenly I had found my musical home!” The two have been playing music together for ten years now and work together on the overall concept of “Tanya Barany” – Tanya as songwriter and Jonas as video producer.

She began her musical education in 2014 by studying music at the Zurich University of the Arts, where she says that she was able to benefit from great teachers. “At the same time, I learned how to use the recording program LogicX, which took my songwriting in a completely different direction – my ‘Dark Pop’ saw the light of day!”

The debut album “Lights Disappear”

In 2019, Tanya Barany’s debut album “Lights Disappear” was released. Several performances on stages at home and abroad followed, e.g. Gampel Open Air, Zermatt Unplugged, Swiss Live Talents or at the Blue Balls Festival.

Besides her project Tanya Barany, she is a full-time studio singer and musician, songwriter, lyricist and vocal coach.

“Cotton Clouds”

For “Music for Tomorrow” Tanya Barany performed and recorded the song “Cotton Clouds”. She says the following about the work: “‘Cotton Clouds’ describes the feeling of immersion in water where suddenly everything around becomes silent; where suddenly another world appears. One the one hand, the water walls are depressing (almost oppressive), on the other hand they remind us of the security of an embrace. ‘Cotton Clouds’ is my unreleased hidden track. Like my songs on the album ‘Lights Disappear’, ‘Cotton Clouds’ grew out of the dark corner of my heart, but the track didn’t find a place on the album. I had composed ‘Cotton Clouds’ on the piano at that time; I prefer to play the piano alone for myself, without anyone listening to me. I chose ‘Cotton Clouds’ for ‘Music for Tomorrow’, because I want to invite the audience into my little lounge and take you on a little personal journey … :-)”

Tanya Barany, what does your working day as a composer/lyricist look like during the corona pandemic?
Tanya Barany: At the moment, I have more time to convert my song ideas into finished songs. Therefore, I try to generate as much output as possible – not only for me as Tanya Barany, but also as a ghostwriter for other artists. My partner, David Friedli – also a musician and composer – and I often write together. We move in all possible style directions – from folk to rock to pop to electro pop to soul etc. – it’s really fun!

What does this crisis mean for you personally?
The crisis feels a little like being in a rehab clinic to me. I don’t really want to be there – I miss performing live, cultural life and even planning ahead – who would have thought – and I can’t wait for normality to return.
On the other hand, this crisis also brings something valuable with it: Time! The world just seems to revolve a bit more slowly. Suddenly I am allowed to concentrate on things that are not necessarily on my having to do list but on the nice to do list – that feels incredibly good! This time has made “Reboot” possible, now I feel much more energetic and creative than before the crisis.

How can the audience support you at the moment?
My audience can best support me by telling all my friends and relatives about my music and telling them to buy the “Lights Disappear” CD! :-) Dark songs help through dark times … :-)

Would it help if people on Spotify and Co. streamed your music more often?
When selecting live acts, the organisers look at the number of “listeners” on Spotify, YouTube etc. Therefore, it is surely an advantage if my music is streamed regularly on these platforms. It is also nice to see that my songs are even heard on the other side of the world! But to support me as an artist directly, I am always very grateful for purchased music on iTunes etc. or directly at concerts.

What do you think the current situation could bring with it?
I very much hope that people’s awareness will be sharpened somewhat – on all levels! A little more care, appreciation, solidarity, reflection – that would do us all good!

What do you want to give your fans to take away from this interview?
Dear fans, although it seems to be quieter around Tanya Barany at the moment, I’m working diligently in the background on a new concept, so that it will be even more cracking afterwards – so enjoy the calm before the storm! :-) I am already looking forward to presenting you new songs! Thanks for your support so far! Take care <3

www.tanyabarany.ch

“Music for Tomorrow”
The Covid-19 crisis has hit SUISA’s members particularly hard. The main source of income for many composers and publishers has completely been lost: Performances of any kind have been prohibited by the Federal Government until further notice. In the coming weeks, we will be posting portraits of some of our members on the SUISAblog. They will tell us what moves them during the Covid-19 crisis, what their challenges are and what their working day currently looks like. The musicians also performed and filmed their own composition for the SUISAblog at home or in their studio. SUISA pays the musicians a fee for this campaign.
Related articles
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
Kety Fusco: “This situation will put everyone – musicians, technicians, insiders – to the test”“This situation will put everyone – musicians, technicians, insiders – to the test” With the “Music for tomorrow” project, SUISA aims to support its members in these difficult times. We offer artists a platform where they can talk about their current situation while in lockdown and present one of their works. The prelude is made by the Ticino composer and harpist Kety Fusco. In a written interview she talks about her everyday life in lockdown and why not that much has actually changed for her. Read more
Why SUISA members should also consider joining SWISSPERFORMWhy SUISA members should also consider joining SWISSPERFORM Composers and lyricists who are SUISA members and are also active as artists and/or producers and whose performances are broadcast by Swiss or foreign radio and TV channels are entitled to receive a remuneration from SWISSPERFORM. For all those authors-composers-artists/producers, a membership with SWISSPERFORM is thus a necessary addition to their SUISA affiliation in order to safeguard their rights and the full remuneration they are entitled to. 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.

During the corona crisis, via its project “Music for Tomorrow”, SUISA is providing a platform for some members to report on their work and the challenges they are facing during this period. This time round, the Valaisian musician and songwriter Tanya Barany tells us why she hopes that people in this crisis have focussed their awareness of things like care, appreciation, solidarity or reflection and exclusively performs her song “Cotton Clouds”. Text by Giorgio Tebaldi; video by Tanya Barany, complemented by Nina Müller

“Dark like my British humour, but with a touch of fresh mountain air,” is how Tanya Barany describes her “Dark Pop”. Born and grown up in the Upper Valais, Tanja Zimmermann, that is what she is actually called, found her way to music at an early age: “I’ve been...read more

Information on live streams for SUISA members

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

Information on live streams for SUISA members

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

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

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

Information for musicians who organise live streams themselves

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Related articles
Penny-pinching in digital music distributionPenny-pinching in digital music distribution Business in the online sector has been subject to constant change – not only for copyright societies. In the second part of the interview, SUISA CEO Andreas Wegelin reports on the status quo and provides an outlook on the scenarios that are being discussed. Read more
The revised copyright law has come into forceThe revised copyright law has come into force The coronavirus pandemic has naturally eclipsed this event. Yet the amended Federal Copyright Act came into force on 1 April 2020 after the Pirate Party failed its attempt to launch a popular referendum. Read more
If bands and event promoters organise a concert togetherIf bands and event promoters organise a concert together The event organiser of a concert has to pay the copyright licence fee. How does it affect the legal situation, if musicians and organisers jointly run the performance by way of a cooperation? The concert organiser is responsible for paying the copyright licence fee in the case of artist engagement agreements. It occurs that events are organised by the bands themselves or in cooperation with third parties. In such cases, the type of cooperation between the band and the organiser determines who has to pay the copyright licence fee. Read more
Collapse article
  1. Michael says:

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

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

  2. M. Badertscher says:

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

    • Michael Wohlgemuth says:

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

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

Information on live streams for SUISA members

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

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

“This crisis is indicative of a sick society”

Today, in the context of our “Music for Tomorrow” project, we are introducing Swiss jazz and improvisation musician Cyril Bondi, and his piece “We Need to Change”. In a written interview, Cyril tells us why he believes that politics and not the virus are responsible for the current crisis. Text by Nina Müller; video by Cyril Bondi, edited by Nina Müller

Cyril Bondi, age 40, describes himself as an experimentalist who loves working with others. Jazz and free jazz are the preferred domains of the Geneva-born musician. He describes improvisation as the backbone to his music. “Improvisation has allowed me to play in different contexts and to feel as much at ease in a jazz trio (Plaistow) as in experimental/traditional music (La Tène), in a pop/rock duo (cyril Cyril), or working collaboratively on a multitude of projects with “d’incise””, he tells SUISA in a written interview. Cyril’s music regularly oversteps the musical boundaries that society has erected over the years. “I have always tried to develop new things, new concepts, to play my instrument differently, to deconstruct it, reinvent it, seek new sounds, new textures”, Cyril says, explaining his musical evolution.

Bondi composed the piece “We Need to Change” exclusively for “Music for Tomorrow”. Before the lockdown, he was occupied with writing several pieces for his next solo album. He had to interrupt his projects because of the coronavirus. When he received the invitation to “Music for Tomorrow”, he realised how much he was aching for a change. Working on the piece was an intense experience. “Intense because I saw it as an opportunity to express a feeling related to what we are experiencing, this curious blend between the clear evidence of a collapsing society and the denial thereof”, Bondi explains. ”I feel this tension deeply and the creative space I plunged myself into enabled me to express it my way”. Moreover, because he normally works with a band or an orchestra, it was unusual for him to work alone.

Cyril Bondi, what are your workdays like during the corona pandemic?
Cyril Bondi: My workdays are generally organised around my family. I have three children at home, so I constantly have to look after them, help them with their homework and keep them occupied. If I want to get some work done, I have to get up early or devote the evening to work on my various projects. There’s no denying it, the pandemic has hit cultural circles with full force, and musicians even more so, underscoring the precariousness in which they have been living for years. I therefore spend much of my time handling concert cancellations and re-schedulings and checking the different aids and grants available. I am also a member of the FGMC, the Geneva federation of creation music, which brings together professional musicians of all genres, from hip hop to contemporary music, and which is trying to put forward common claims for an industry devastated by the pandemic. As a result, I don’t have much time left for my artistic work; at a certain point, I needed to get back to composing; I plunged into new pieces without knowing who I was writing for or why, apart from the need to delve back into creation. I’m also trying to get ahead with recording the Cyril Cyril (pop/rock) album and my own solo album (experimental).

What does this crisis mean for you personally?
This crisis is indicative of a sick society. We are in this situation not because of a spreading virus but because of the political choices our societies have made. Public services and hospitals are being dismantled, forests destroyed, we are exploiting, plundering, and consuming. Personally, I try to read, keep informed, have discussions with others, listen to music. These dark times make me realise just how much we need culture, the arts, and artists to inspire us, to make us dream, help us escape and make us think. We have never needed them as much as we do now.

How can the public help you at the present time?
People must be aware of the state of emergency impacting the cultural industry and stop thinking that they are contributing any aid whatsoever from behind their computers or smartphones. They must buy records, support the live artists they like, listen to the musicians living around them, and above all support the concert halls, theatres, and festivals as soon as they are allowed to re-open; because my greatest fear is yet to come. People are afraid to meet each other, touch each other, hug each other, kiss each other, dance with each other… how can we be expected to share a true moment of music?

Would it be helpful if people streamed more music from Spotify and Co.?
I think anybody would say the same: companies like Spotify, Youtube, and Facebook are looking to make as much money as possible by exploiting other people’s resources. I am one of those other people. They will never give me a penny of what you consume.

What positive effects might the current situation have in your opinion?
My hopes lie in the collective experience we are living through. Are we intelligent enough to realise that a world with fewer airplanes and cars, with more nature, a less hectic rhythm, more time spent with the family, and greater solidarity is a world where hope can be born again? This capitalist society is leading us to our downfall – we must take the opportunity to invent, create, and conceive a new world. This may be naive, but I believe that everyone today can understand this message.

Do you have a message for your fans?
Listen, sing, dance, and go out!

www.cyrilbondi.net

“Music for Tomorrow”
The Covid-19 crisis has hit SUISA’s members particularly hard. The main source of income for many composers and publishers has completely been lost: Performances of any kind have been prohibited by the Federal Government until further notice. In the coming weeks, we will be posting portraits of some of our members on the SUISAblog. They will tell us what moves them during the Covid-19 crisis, what their challenges are and what their working day currently looks like. The musicians also performed and filmed their own composition for the SUISAblog at home or in their studio. SUISA pays the musicians a fee for this campaign.
Related articles
Nik Bärtsch: “In this, we are all really challenged as a community”“In this, we are all really challenged as a community” With the “Music for tomorrowˮ project, SUISA aims to support its members in these difficult times. We offer artists a platform where they can talk about their current situation while in lockdown and present one of their works. This week we present the Swiss pianist, composer and music producer Nik Bärtsch and his piece “Modul 5ˮ. In the interview, Nik talks about his everyday life in lockdown with his family and what he has in common with an Australian emergency doctor. Read more
Penny-pinching in digital music distributionPenny-pinching in digital music distribution Business in the online sector has been subject to constant change – not only for copyright societies. In the second part of the interview, SUISA CEO Andreas Wegelin reports on the status quo and provides an outlook on the scenarios that are being discussed. Read more
“Répondez-Moi”: Third Swiss ESC song from the SUISA Songwriting Camp“Répondez-Moi”: Third Swiss ESC song from the SUISA Songwriting Camp With “Répondez-Moi”, Switzerland is sending a French-language entry to the Eurovision Song Contest for the first time since 2010. The song was written by Gjon Muharremaj (Gjon’s Tears) and SUISA members Alizé Oswald and Xavier Michel of the Duo Aliose together with Belgian producer Jeroen Swinnen at the SUISA Songwriting Camp. 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.

Today, in the context of our “Music for Tomorrow” project, we are introducing Swiss jazz and improvisation musician Cyril Bondi, and his piece “We Need to Change”. In a written interview, Cyril tells us why he believes that politics and not the virus are responsible for the current crisis. Text by Nina Müller; video by Cyril Bondi, edited by Nina Müller

Cyril Bondi, age 40, describes himself as an experimentalist who loves working with others. Jazz and free jazz are the preferred domains of the Geneva-born musician. He describes improvisation as the backbone to his music. “Improvisation has allowed me to play in different contexts and to feel as much at ease in a jazz trio (Plaistow) as in experimental/traditional music (La Tène), in a pop/rock duo (cyril Cyril), or working collaboratively...read more

“In this, we are all really challenged as a community”

With the “Music for tomorrowˮ project, SUISA aims to support its members in these difficult times. We offer artists a platform where they can talk about their current situation while in lockdown and present one of their works. This week we present the Swiss pianist, composer and music producer Nik Bärtsch and his piece “Modul 5ˮ. In the interview, Nik talks about his everyday life in lockdown with his family and what he has in common with an Australian emergency doctor. Text by Nina Müller; video by Nik Bärtsch, complemented by Nina Müller

Nik Bärtsch (48) is a successful jazz pianist who lives with his family in Zurich. In addition to music, Zurich-born Bärtsch also studied philosophy, linguistics and musicology. It is therefore not surprising that music has a deeper meaning for him. On his website, he describes his music as follows: “A piece can be entered like a room, inhabited. Through obsessive turning moments, overlays of different meters and micro interplay, the music moves on and changes its states. Attention is drawn to the minimal variations and phrasing. The band thus becomes an integral organism – like an animal, a biotope, an urban space. Youʼre supposed to think with your ears and hands.ˮ

He lives this philosophy with his band Ronin and has already toured in Europe, Asia and the USA. With his formations Nik Bärtschʼs Ronin and Nik Bärtschʼs Mobile as well as solo, the musician has released more than thirteen sound recordings, which are performed at weekly performances as part of his concert series at the Zurich Club Exil. Since 2006, he has his own label “Ronin Rhythm Recordsˮ.

For “Music for Tomorrowˮ Nik Bärtsch performed the piece “Modul 5ˮ. He says with regards to the piece: “The piece consists of a small complex pattern in 6/4, which spreads over the whole piano in the course of the piece. I came across this pattern quite early in my musical development and it has accompanied me constantly over the years. Thus the piece, which was composed at an early age, experiences a constant evolution, as I do myself. We work together so to speak, so that our relationship becomes ever simpler, more direct and yet deeper and more mysterious – just as my wife and I shape our lives together.”

Nik, how does your working day as a composer look like during the corona pandemic?
Nik Bärtsch: I am a completely independent composer, pianist, bandleader, producer and publisher. So, at the moment, the only difference compared to the time before the virus is that I travel much less. All international concerts, productions and workshops have obviously been cancelled. I now have the same daily routine that I have at home between trips: I compose, practice, rehearse, organise and communicate alternately. In addition, I share family life with our children together with my wife, who is also very active in her job.
As usual, it requires a lot of love for life, discipline, structure, but also creativity and the desire for surprises.
Since we want to organise and maintain all this at a high level, it was not a big change for us. Our children are often at home and not in after-school care or anywhere else. We all do martial arts and therefore we also have the possibility to train together on the meadow in front of the house.
Our Monday concert series at the EXIL Club will continue for the time being as pure streaming (www.yourstage.live). So Monday remains the ritualized local concert day and the community and the different teams stay in constant contact.

What does this crisis mean for you personally?
Like all severe crises, it shows me exactly where I stand as an artist and human being and once again unconditionally demands my creativity, integrity and resilience.
But as a freelance musician this is often the normal state of affairs anyway. But the big question is: How do groups, ensembles, bands and concert venues survive the current change in the medium term? In this we are all really challenged as a community. The questions that do arise are actually rather useful: What does music mean to me as a professional? What does it mean to all of us? How do we pay for music and the services behind it? How do we sensibly link the value-appraisal chain with the value-creation chain?

How can the audience support you at the moment?
By rewarding my performance and ours: So by watching our paid streams and by consuming and distributing our music on all other media as well. And by learning exactly how music production and presentation works: How many people and their achievements are behind it, when a wonderful song helps me through the day.

Would it help if people on Spotify and Co. streamed more of your music?
The number of streams must be very high for this kind of payment to work. It still helps, though. Everything is connected and the more independent artists are heard and shared, the better. The local, authentic and special art and initiative ultimately feeds the global commercial development. We have noticed this everywhere on our tours around the world.

What do you think the current situation could bring with it?
I always try to deduce the positive in every situation and learn something. The current situation is once again fundamentally testing our prosperity, our security and thus our working methods. This is valuable. Only when we realise how vital music, its inspiring environment and its wonderful possibilities are, can we appreciate the professional handling of it. SUISA and, for example, the Association of Swiss Musicians communicate this very well. Every musician should do this just as passionately and professionally.

What do you want to give your fans to take away from this interview?
Be honest in your approach to music: Nobody simply takes home a loaf of bread at the bakery without paying.
So enjoy the music with the awareness that people have worked on it with love and unconditional devotion.
I recently received an email from an emergency doctor in Australia. He thanked me for the music. He tackles every challenge of the last few years – the floods, the bush fire and now the virus – by listening to one of my tracks in the morning and drinking a coffee with it. Then he would know why he was doing all this and would also be able to bear death, pain and danger. The music gives him strength to rescue, save and help people. I understood then that it is better to focus unconditionally on the music than to help out a little everywhere. In this case, the chain of inspiration works with precision: We both concentrate on the essentials. His integrity, talent and professionalism help me and vice versa. So we both help others again. Societal appreciation and value creation can only work together.

www.nikbaertsch.com

“Music for Tomorrow”
The Covid-19 crisis has hit SUISA’s members particularly hard. The main source of income for many composers and publishers has completely been lost: Performances of any kind have been prohibited by the Federal Government until further notice. In the coming weeks, we will be posting portraits of some of our members on the SUISAblog. They will tell us what moves them during the Covid-19 crisis, what their challenges are and what their working day currently looks like. The musicians also performed and filmed their own composition for the SUISAblog at home or in their studio. SUISA pays the musicians a fee for this campaign.
Related articles
Kety Fusco: “This situation will put everyone – musicians, technicians, insiders – to the test”“This situation will put everyone – musicians, technicians, insiders – to the test” With the “Music for tomorrow” project, SUISA aims to support its members in these difficult times. We offer artists a platform where they can talk about their current situation while in lockdown and present one of their works. The prelude is made by the Ticino composer and harpist Kety Fusco. In a written interview she talks about her everyday life in lockdown and why not that much has actually changed for her. Read more
Bertrand Denzler: Sound space surveyor and ambient sound explorerSound space surveyor and ambient sound explorer Saxophonist Bertrand Denzler is always working on new opportunities to express himself in the delicate balance that lies between improvisation and composition. The 55-year-old musician from Geneva, who is now resident in Paris, now intends to extend the frontiers of his artistic dialogue with others even further using “roaming residencies”. FONDATION SUISA is supporting this project financially with Get Going! funding. Read more
Penny-pinching in digital music distributionPenny-pinching in digital music distribution Business in the online sector has been subject to constant change – not only for copyright societies. In the second part of the interview, SUISA CEO Andreas Wegelin reports on the status quo and provides an outlook on the scenarios that are being discussed. 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.

With the “Music for tomorrowˮ project, SUISA aims to support its members in these difficult times. We offer artists a platform where they can talk about their current situation while in lockdown and present one of their works. This week we present the Swiss pianist, composer and music producer Nik Bärtsch and his piece “Modul 5ˮ. In the interview, Nik talks about his everyday life in lockdown with his family and what he has in common with an Australian emergency doctor. Text by Nina Müller; video by Nik Bärtsch, complemented by Nina Müller

Nik Bärtsch (48) is a successful jazz pianist who lives with his family in Zurich. In addition to music, Zurich-born Bärtsch also studied philosophy, linguistics and musicology. It is therefore not surprising that music has a deeper meaning for him....read more

“This situation will put everyone – musicians, technicians, insiders – to the test”

With the “Music for tomorrow” project, SUISA aims to support its members in these difficult times. We offer artists a platform where they can talk about their current situation while in lockdown and present one of their works. The prelude is made by the Ticino composer and harpist Kety Fusco. In a written interview she talks about her everyday life in lockdown and why not that much has actually changed for her. Text by Nina Müller; video by Kety Fusco, edited by Nina Müller

Kety Fusco (27) plays electric harp and composes her own songs. She began playing the harp as early as at the age of six. But the classical harp became too boring for her at some point and so she discovered the electronic harp for herself. Kety Fusco is also part of the collective “Peter Kernel and their wicked orchestra” by the duo Barbara Lehnhoff (Camilla Sparksss) and Aris Bassetti, who are also members of SUISA. In 2018, Kety Fusco was allowed to perform in the presence of Federal Councillor Alain Berset at the Locarno Film Festival. On 8 May their debut album “Dazed” will be released on the Sugar Music label. Kety Fusco is based in Arbedo (TI) and has been a member of SUISA since 2018.

For the project “Music for tomorrow”, Kety Fusco performed the previously unreleased song “Saceba”. She says this about the song: “ʻSacebaʼ was born in a former cement factory at the bottom of Switzerland’s southernmost valley. I was in this place, enchanting and sombre at the same time, to breathe life into a dance and music performance.

On the first day already, when I entered the main building, I gradually became aware that a treasure of sound was hidden there. The next day I went back with various objects (stones, tools, instruments) and my recording equipment to record the entire Saceba (that was the name of the factory) from the first floor to the top floor: the rubbing of the concrete and the sound of the big echoes of this wonderful industrial archaeology.

Once home, I downloaded all the sounds to my computer and built the piece by mentally retracing my steps and imagining a story that took place within the walls of the factory. Then I added real music with my harp and considered it the soundtrack I would have liked to hear when I first entered the Saceba: the soundtrack of the cement factory.”

Kety Fusco, how does your working day as a composer/lyricist look like during the corona pandemic?
Kety Fusco: I play classical harp for four hours every day, working two hours on the technique of the instrument and the other two hours playing pieces I want to record. I play for about two more hours or so with my electric harp and prepare my new live set.

What does this crisis mean for you personally?
I never keep up with the world because everything happens too fast for me. When I am not on tour, I like to stay at home, take a lot of time to play, study and devote myself to my harps. My debut album “Dazed” will be released on 8 May on Sugar Music and I’m working on my new live set. I am very inspired when nothing happens around me and I live everything in my head. The virus has not changed the way I do things – it has improved the way I am. When I walk around in the street and don’t hear the noise of the cars, I feel good. Knowing that nobody is outside my home and living the daily life but experiencing a “daily surprise” inspires me to imagine stories in my head. I think that everyone will forget what we’ve been through. It must have been like a bad dream for some and a difficult memory for others.

How can the audience support you at the moment?
I would really like the audience to hear my debut album and thus contribute to the streaming music market on which part of my income depends.

Would it help if people on Spotify and Co. streamed more of your music?
Yes, absolutely. With the crisis, streams fell by 33%, and the entire music industry was hit hard.

What do you think the current situation could bring with it?
In my opinion there is nothing positive for musicians, even if I think about creativity: For me, it doesn’t necessarily come when I quit, like Covid-19 … in fact, I usually feel more creative when I don’t have time for it. This situation will put everyone – musicians, technicians, insiders – to the test. The music market has never been fully understood, and I think there are very few people who understand what it means to have lost a whole year’s worth of concerts.

What do you want to give your fans to take away from this interview?
I want all my fans to know that I want to hug them all.

www.ketyfusco.com

“Music for Tomorrow”
The Covid-19 crisis has hit SUISA’s members particularly hard. The main source of income for many composers and publishers has completely been lost: Performances of any kind have been prohibited by the Federal Government until further notice. In the coming weeks, we will be posting portraits of some of our members on the SUISAblog. They will tell us what moves them during the Covid-19 crisis, what their challenges are and what their working day currently looks like. The musicians also performed and filmed their own composition for the SUISAblog at home or in their studio. SUISA pays the musicians a fee for this campaign.
Related articles
SUISA membership in numbersSUISA membership in numbers More than 38,000 authors and publishers have instructed SUISA with the management of their rights. Where are they from, how old are they and are there more men or women who are composers? The figures and graphics below provide an insight into SUISA’s membership structure. Read more
«La SUISA a Lugano – un punto di riferimento per la scena musicale nella Svizzera italiana»“SUISA’s office in Lugano is a reference point for the music scene in the Italian-speaking part of Switzerland” SUISA has offices in Zurich, Lausanne and Lugano and is thus represented in three language regions of Switzerland. In Lugano, four members of staff look after the Italian-speaking members and customers in Ticino. The new manager of the regional office in Ticino, Stefano Keller, has been in office for 100 days now. In this interview, he elaborates on topics such as why the Lugano office requires allrounders, how SUISA contributes to the promotion of creative performances in Ticino and which goals he has as a manager of the Ticino office. Read more
The result of an endless passion for experimentationThe result of an endless passion for experimentation The Eclecta duo, made up of Zurich and Winterthur residents Andrina Bollinger and Marena Whitcher, experiments with sounds that defy established definitions and seeks out interdisciplinary exchanges with other art forms. FONDATION SUISA is supporting this project financially with Get Going! funding. Read more
Collapse article
  1. Therese Spinas says:

    Liebe Kety, ich habe dich gestern in Chur in der Postremise gehört und gesehen, ein Ohr- und Augenschmaus! Ganz herzlichen Dank für das wunderschöne, unvergessliche Konzert zusammen mit Astrid und Billie (Elodie). Da ich in Chur keine Möglichkeit habe einen Tonträger von dir zu kaufen, mache ich mich demnächst auf nach Zürich. Deine Musik hat mich in eine andere Welt versetzt, ich möchte sie immer wieder hören können! Danke, danke, danke und bleib gesund. Hoffentlich auf ein baldiges Wiedersehen im Jazz-Club Chur und alles Gute. Herzlich grüsst dich Therese aus Chur

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.

With the “Music for tomorrow” project, SUISA aims to support its members in these difficult times. We offer artists a platform where they can talk about their current situation while in lockdown and present one of their works. The prelude is made by the Ticino composer and harpist Kety Fusco. In a written interview she talks about her everyday life in lockdown and why not that much has actually changed for her. Text by Nina Müller; video by Kety Fusco, edited by Nina Müller

Kety Fusco (27) plays electric harp and composes her own songs. She began playing the harp as early as at the age of six. But the classical harp became too boring for her at some point and so she discovered the electronic harp for herself. Kety Fusco is...read more

Penny-pinching in digital music distribution

Business in the online sector has been subject to constant change – not only for copyright societies. In the second part of the interview, SUISA CEO Andreas Wegelin reports on the status quo and provides an outlook on the scenarios that are being discussed. Interview by guest author Silvano Cerutti

Penny-pinching in digital music distribution

Music is now consumed rather differently to how it was consumed 15 years ago: From the turnover of the Digital Service Providers, about 12 to 15 percent are allocated to authors, which results in royalties at a micro-penny -level per play. (Photo: LikeBerry)

Andreas Wegelin, let’s talk about proportions and size ratios. Streaming service providers such as Spotify, for example, pay composers micro-penny -amounts per play. If you extrapolate this, what is the percentage of the turnover?
Andreas Wegelin: If you only consider authors’ rights, that is about 12 to 15 percent of about 70% of the service provider’s total turnover. The rest is allocated to the recording, the producer, the artist. This roughly corresponds to the offline situation in Switzerland. Copyright for authors is governed by state-approved tariffs there. They are actually slightly lower. A monopoly thus does not bring about a better result for authors.

Why is there so little that comes together for the author? Without the author, the piece would not even exist for others to perform.
I completely agree with you. If a composer happens to be a good singer as well and thus performs his own songs, he gets more. But this is the same case for the offline sector. A singing author gets more from his record company than from us – because the producer provides the service provider with the music recording which can be played. It is not SUISA that does that but companies such as Sony, Universal etc. which therefore also hold the relevant market power.
Furthermore: Let’s compare the situation to the radio broadcasters: Radio addresses a multitude of listeners, streams one individual listener. If you break down the radio remuneration to listener levels, the amount is not much higher than that for streaming. A reason why streaming is even lower is that I nearly only have mainstream music on the radio. The selection of songs is therefore limited. In the case of streaming services, I also have niche repertoire. In other words (please don’t quote me on the figures), I have a “heavy rotation” on the radio with about 50 songs per month, and 1,000 songs on Spotify.

Can I assume that a service such as YouTube pays out to a similar extent as Spotify?
In the case of YouTube, one question needs to be asked which is difficult to answer: What do the 12 to 15 percent relate to? Spotify has subscription fees while YouTube only has advertising income: Is it thus 12 to 15% of the advertising revenue which has been generated in a specific country for a specific video during a specific period of time? And if there is no advertising shown on the video, is there no money, irrespective of how many thousands of clicks are shown in total?

With YouTube, you have the additional problem that everyone can upload everything without having to supply any rights information. How can you find out what belongs to whom?
YouTube’s approach is automation. This works to some extent, but there are also blatant mistakes with regards to the allocations. For such data volumes, however, it is only possible to do so by way of automation. For a total control, you would have to be able to track all sound files.

Does this mean, the future must be the upload filter?
There’s a huge debate on this topic at EU level. So far, the “safe harbor” principle has been applied in the EU, which said: A Digital Service Provider (DSP) is not responsible for the contents which are uploaded to their platforms. The regulation stems from 2002 and was intended to promote the development of the online data exchange. YouTube did not exist in those days. YouTube could then benefit from this regulation even though masses of protected contents are distributed via YouTube. In the meantime, the protection of the author has been enjoying greater importance again. YouTube, however, threatens now to block contents arguing it would be too complicated to provide for a settlement of the rights in each case. That way, certain contents would no longer be available and this would be a grave restriction of freedom of opinion.

Are there any alternatives?
You could introduce a statutory compensation claim for authors, similar to blank media levies for private copies. This would mean: YouTube is allowed to distribute contents but YouTube would have to pay for it by law. In the case of the blank media levy, the argumentation used to be: You cannot control what someone records onto a music cassette, so a blanket solution is required and it could be that you pay a remuneration of e.g. 5 Rappen for each blank medium per hour in favour of the authors. Something like this would also be possible for online usages but it is a topic that is highly controversial.

Which solution would be better for the authors?
For authors of our scale, a blanket arrangement would be better, for bigger rights holders, the right of interdiction currently in force would be better. It gives them enough power to negotiate with YouTube or Google directly. Google cannot just ignore them. We, however, had to first become active ourselves in order to speak with YouTube about a licence. That was also a reason for our Joint Venture and our approach to expand the repertoire we represent.

How long does it take to negotiate an agreement with a platform of such a magnitude?
Since we have been part of the Joint License and have been processing via Mint, we could shorten the duration. Depending on the provider, it lasts between one and eight months. And if you want to renew an agreement, you are looking at four to five months.

What kind of strategy does SUISA pursue in cases where agreement negotiations with a provider fail?
In such a case – it is rather rare, because, among reasonable business partners, you do find a solution – we must fight in court to get the recognition and the adequate remuneration for the use of the rights of our members.

How many DSPs are there in total?
Actually, there are too many (laughs). There are dozens. Of course, you start with the most important ones, i.e. the biggest. There are about 15. But Mint is planning to expand into other territories. In India, for example, the two big telecoms companies are also important music providers which results in new and different constellations.

I am a cooperative member of SUISA, may I see such agreements?
No. A provider wants to prevent competitors seeing their contracts. That is why there is always a confidentiality clause. SUISA cooperative members do, however, see what they get in the end. If they do not like this situation, they can always assign their rights to someone else. I doubt very much that they will be given access to such contracts there. That is a result of the competitive market.

In December 2019, it became known that Gema has bought a majority stake in Zebralution GmbH, a digital distributor. What does this development mean for SUISA?
Gema tries this way to be increasingly active in the business with data for the works of its members. By cooperating with a digital distributor, Gema can succeed in providing its members with 360-degree-service, which does not just include the management of copyright but also neighbouring rights. SUISA is also going to consider what kind of steps are sensible for a rather comprehensive service to its members in the digital music distribution sector.

Züri West has earned money with “I schänke dir mis Härz”, whereas “079” by Lo & Leduc has yielded much less, even though it is at least as successful.
That may well be the case. This difference does not just apply to Lo & Leduc but for all, worldwide, because music consumption is different to what it was 15 years ago. That is why concerts have become more important and that is why the entire broadcasting sector is so important because we still have relatively stable conditions there …

But?
The problem is that more and more advertising is moving towards the internet. Licensing fees for broadcasting rights depend on the turnover of the broadcaster, and that turnover mainly comes from advertising. The income is falling drastically because advertising is shifting more and more towards the internet.

A similar scenario as we had it in the newspaper sector.
Exactly. This is hard to manage. The next online agreements will need to focus more on that. It is actually very fascinating. And of course we do not always succeed immediately, sometimes it takes tough negotiations and, if necessary, even legal proceedings. We also had this situation in the 70ies and 80ies when the task at hand was to collect remuneration for cable retransmission. New developments and types of services for music keep popping up. We need to keep an eye on them and it is our exciting and rewarding task to negotiate remunerations on behalf of our members.

To the first part of the interview: “Brave new world”

Related articles
Brave new worldBrave new world There is hardly any other technical development that has turned the music business upside down as much as the success of platforms such as YouTube. And hardly any technical development has been as remiss in the treatment of authors’ rights as the internet. In this interview, SUISA CEO Andreas Wegelin explores opportunities and difficulties of this rather young business sector. Read more
The first year of SUISA Digital Licensing AGThe first year of SUISA Digital Licensing AG A little more than one and a half years ago, SUISA founded its subsidiary company, SUISA Digital Licensing AG. The subsidiary company has now completed its first business year. A year which was under the auspices of development and brought about a multitude of new findings. It is time for retrospection and a first interim summary. Read more
Switzerland finally has a new copyright law!Switzerland finally has a new copyright law! On 27 September 2019, both the National Council and the Council of States at last held a final vote approving the partial revision of the Swiss Federal Copyright Act, ending a process initiated in 2010 with a postulate by Géraldine Savary. It is now for the Federal Council to determine when the modernised Copyright Act will come into force – unless a referendum is successful. Read more
Collapse article
  1. Rolf Hug says:

    Very interesting. Also to mention that the big publishing companies don’t play by the code of conduct and
    can get away with anything.

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.

Business in the online sector has been subject to constant change – not only for copyright societies. In the second part of the interview, SUISA CEO Andreas Wegelin reports on the status quo and provides an outlook on the scenarios that are being discussed. Interview by guest author Silvano Cerutti

Penny-pinching in digital music distribution

Music is now consumed rather differently to how it was consumed 15 years ago: From the turnover of the Digital Service Providers, about 12 to 15 percent are allocated to authors, which results in royalties at a micro-penny -level per play. (Photo: LikeBerry)

Andreas Wegelin, let’s talk about proportions and size ratios. Streaming service providers such as Spotify, for example, pay composers micro-penny -amounts per play. If you extrapolate this, what is the percentage of the turnover?
Andreas Wegelin: If you only consider authors’...read more

Brave new world

There is hardly any other technical development that has turned the music business upside down as much as the success of platforms such as YouTube. And hardly any technical development has been as remiss in the treatment of authors’ rights as the internet. In this interview, SUISA CEO Andreas Wegelin explores opportunities and difficulties of this rather young business sector. Interview by guest author Silvano Cerutti

Brave new world

“If I compare SUISA with other organisations that are still in their early days when it comes to online, we are already well underway”, SUISA CEO Andreas Wegelin is convinced. (Photo: Günter Bolzern)

Andreas Wegelin, the distribution of online royalties is affected by delays which caused disappointment in some members. Can you empathise with that?
Andreas Wegelin: It is our job to get as much collected on behalf of our members as possible, not just online but for all usage categories. If there is a cause for criticism, we take it seriously and examine it. There is, however, also the aspect that some members have received more than before, and they are not disappointed.

Maybe the question needs rephrasing?
Well, maybe the level of expectation is too high. Today, music is consumed in much smaller units, there are possibly one or two songs from a CD and that is reflected in the turnover, of course.

But members should receive a settlement four times per year. That did not quite work out in 2019. Why?
That’s right. One of the reasons for this is that the payment of one major customer was late. The amounts in the June distribution would thus have been far too small: On the one hand, the settlement would have fallen under the so-called payout threshold, they would therefore have received nothing. On the other hand, the administration costs would have been too high. We subsequently decided to postpone the settlement. Our goal, however, remains to pay out on a quarterly basis.

So, you don’t have a problem with the data volume you received that you need for the calculation of the online royalties?
No, we don’t. Yes, the data volume we receive is rather huge and requires complex processing with respect to many countries and currencies, but our systems have proved to be extremely efficient in this regard.

I can now upload my work on platforms such as iMusician, from where it is distributed to various service providers (Spotify etc.) and I can see how much my work is used, and where. Can SUISA also do that?
These are two different business models. iMusician monitors where an individual recording is played. That is, of course, much easier to track than having to simultaneously trace dozens, if not hundreds of recordings of one single work. What’s more, music providers know exactly who the artists of a recording are, but don’t have information on the composers of the song.

So SUISA’s job is more complex?
Of course. Add to that the obligation to provide clear information on the rights whenever you upload a song to such a distribution service. At our end, however, we also get notifications of works which have been uploaded by a fan without any details at all. If I do compare our administration costs with the fees that a service such as iMusician charges, I think to myself: we can keep up very well. But – such distribution services show us how we could improve our service in future and what is in demand on the market.

Which is?
The key word is tracking. I give you an example: If commercials with music of Swiss authors are broadcast abroad, the best way for me to get information on the number of broadcasts is via a tracking system. Today, not least on the grounds of cost, we have a system where the broadcasters deliver the information to us. Which could be something like “Nivea spot”. Well, which one? If I already have the melody as a sound file, I can track that. That is our future, even if it is not the most pressing measure we need to take for the online sector.

Automation is therefore only as good as the data that are available to it?
Exactly. And they are often incomplete.

What about monitoring service providers such as Utopia Music which can track songs across the internet?
Monitoring is a huge topic. We follow this very closely and are also planning a pilot project. Yet again, this is a matter of the relevant cost-benefit ratio. That ratio may well be good for an international hit producer but when it comes to an overall repertoire such as ours, the expense can push the administration costs up to silly levels.

The ‘rucksack of completeness’ has been around for the offline sector for many years and the distribution works rather well in that area. In the online sector, however, where everything could be measured, things are complicated.
That is annoying, yes. The offline system has been functioning well for nearly 100 years. But we only cover Switzerland and Liechtenstein for that. Online, we need to take a global approach and are also facing competition, because, according to the EU, each rights holder can choose who they are represented by.

What are the consequences?
In the past, rights holders assigned their rights to SUISA via so-called reciprocal representation agreements for the perception of their work in Switzerland and the Principality of Liechtenstein. Based on that system it was possible to pass on the relevant share from Switzerland to any composer, whether English or American, and one subsequently received the relevant shares from abroad for Swiss authors.

Online, on the other hand….
…. it is only possible for a society to collect for the rights holder whom it represents directly, even though this can be done at a global level. All of a sudden, the documentation must be more accurate and also completed for other countries since it otherwise won’t match. One collective management organisation might declare that their share of a work amounts to 80 percent, another organisation claims to hold 40 percent, which adds up to 120. Such cases happen all the time.

And what’s the consequence of this?
The provider says: As long as you do not know who sends an invoice for what, I won’t pay you. Or we do not get any money, but the info: I have already paid someone else!

How do disputes among rights representatives arise?
Let’s take an example: I have a work with a composer, a lyricist and a publisher. The latter, however, has an agreement with a sub-publisher and has, for another territory, instructed a third publisher, and now all of these entitled parties can choose their own collective management organisation for the online exploitation. This means that there might be four or five collective management organisations which are then in charge for their respective part of the work. Now, I have to agree exactly which part belongs to me. This is where the “disputes” start, because the entry may be different at their end.

Is there no regulation among the copyright management organisations how you can proceed in such situations?
The societies are trying to coordinate their collaboration better in technical working groups. Due to the new competition situation among the organisations, a complete solution for these difficulties has not been found yet.

Music is consumed in small units, the rights representation happens at an even smaller scale, international competition and no smooth processes – doesn’t that frustrate you?
No, that is what makes this job so interesting! Changes such as the internet come to you from outside. You can either put your head in the sand or try to make the most of it. If I compare SUISA with other organisations that are still in their early days when it comes to online, we are already well underway.

But you do understand that authors are stressed out by such a situation?
Of course, it stresses us, too (laughs). We are building a new service here, which will hopefully be profitable and in demand and which gets the most out of it for our members. This can only happen in small steps and with setbacks, but there is also progress: We were able to improve the agreements, modernise infrastructure and the duration between the usage date and the distribution date could be halved since 2012. I am very optimistic.

To the second part of the interview: “Penny-pinching in digital music distribution”

Related articles
Penny-pinching in digital music distributionPenny-pinching in digital music distribution Business in the online sector has been subject to constant change – not only for copyright societies. In the second part of the interview, SUISA CEO Andreas Wegelin reports on the status quo and provides an outlook on the scenarios that are being discussed. Read more
Mint Digital Services: FAQsMint Digital Services: FAQs SUISA and SESAC, a US collective management organisation, have established Mint Digital Services as a joint venture. Mint Digital Services will take over the invoicing and administration services for SESAC and SUISA’s online licensing activities. The joint venture will also offer services to publishers and collective management organisations. Here the main FAQs. Read more
Adapting federal copyright law to digital usageAdapting federal copyright law to digital usage On 26 March 2019, after months of protest on the streets and in the Internet community, the European Parliament approved the proposal for a new EU Directive on Copyright in the Digital Single Market. Revision of copyright law in Switzerland and the EU: where are the similarities, where are the differences? 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.

There is hardly any other technical development that has turned the music business upside down as much as the success of platforms such as YouTube. And hardly any technical development has been as remiss in the treatment of authors’ rights as the internet. In this interview, SUISA CEO Andreas Wegelin explores opportunities and difficulties of this rather young business sector. Interview by guest author Silvano Cerutti

Brave new world

“If I compare SUISA with other organisations that are still in their early days when it comes to online, we are already well underway”, SUISA CEO Andreas Wegelin is convinced. (Photo: Günter Bolzern)

Andreas Wegelin, the distribution of online royalties is affected by delays which caused disappointment in some members. Can you empathise with that?
Andreas Wegelin: It is our job to get as much collected on behalf...read more

How do you write a streaming success?

Tips and reflections on modern song structures by successful songwriters as well as other music industry representatives at the SUISA panel “How streaming is changing songwriting” in the course of the M4music festival on Saturday, 21 March 2020, at Moods. Text by Erika Weibel

M4music 2019 SUISA Panel Hit the World

KT Gorique, Laurell Barker and Shelly Peiken (f.l.t.r.) talking about songwriting at the SUISA panel “Hit the world / this is how international hit composers work” at the 2019 M4music festival. (Photo: Ennio Leanza / M4music)

Even the most creative songwriters go unnoticed if they are not able to get their music heard. In a highly competitive and oversaturated sector, songwriters need attract attention. They must stand out from countless other professional authors. Especially in the pop/urban genre, you must win over an audience whose listening behaviour is strongly influenced by music consumption via streaming services.

On the occasion of the SUISA panel at the 2020 M4music festival, successful songwriters are going to discuss with people from the music business what a song needs to sound like in order to satisfy the taste of the increasing streaming audience or to even win it over.

The SUISA panel “How streaming is changing songwriting” takes place on:
Saturday, 21 March 2020, between 1.45pm and 3.00pm in the Moods, Schiffbau in Zurich.

The big challenges of the new era

Spotify founder, Daniel Ek, said in April 2019 that nearly 40,000 tracks per day were uploaded to the Spotify platform. A projection of these figures would result in 280,000 songs per week, 1.2 million tracks per month and a whopping 14.6 million per year. To stand out from the masses is a huge challenge.

A potential springboard for songwriters could be to be included in a curated playlist. Songs in a curated playlist are grouped in order to appeal to a specific audience – this means more listeners, more “shares” and more income for the rights holders. It also entails a better chance that a song stands out to a “music supervisor”, i.e. People who look in those playlists for songs to be used in current TV and film productions. It is, however, only a small part of the published songs that manage to make it to the playlist.

Another new challenge brought about by streaming is also that music creators only get their royalties if their song has been streamed for 30 seconds. The listeners must, after all, not ‘bail out’ from listening too early, otherwise there’s no money. On top of that, the rule for radio or TV is: the longer the song the higher the income. In the case of streaming this is different: You get paid per stream.

How much do these new game rules affect composers? Will there only be short songs without intros that build them up and instead, catchy hook lines from the first beat? What role do song lyrics play today? How does a song need to sound in order to be included in a playlist?

Come to the SUISA panel and join our discussion!

SUISA- Panels at the 2020 M4music festival
“How streaming is changing songwriting”
Saturday, 21 March 2020, from 1.45pm to 3.00pm
in the Moods, Schiffbau in Zurich

Speaker:

  • Janine Cathrein, Singer Songwriter, Zurich
    Singer songwriter Janine Cathrein is a part of Black Sea Dahu. After publication of their successful debut album “white creators”, the band has been touring without interruption, they performed at 120 concerts in 2019 alone.
  • Julie Born, Managing Director Sony Music Entertainment Switzerland GmbH, Zurich
    Julie Born has been active in the Swiss music business for more than 30 years. In her position as Managing Director of Sony Music Switzerland, she and her team are responsible for establishing and building up artists in a variety of music fields.
  • Henrik Amschler, Producer Songwriter, Zurich
    Born in Zurich in 1989, he is known as HSA. He is a well-known Urban/Pop music producer and songwriter. He has contributed to various gold and platin productions and won prestigious awards (such as the Swiss Music Award as a songwriter) He produces Loco Escrito and Mimiks, among others.
  • Loris Cimino, producer and songwriter, Reinach AG
    The 22-year-old producer can already count more than 2.5 million streams in 2019, and that just on Spotify. He produces music of renowned artists and enjoys international success as a DJ with official remixes for artists such as David Guetta and Meghan Trainor. He is also co-writer of the official trailer for the current “America’s got talent” show.

Moderator: Nina Havel

www.m4music.ch

Related articles
“079”: A tragicomic hit story | plus video“079”: A tragicomic hit story | plus video Lo & Leduc and their co-composer Maurice “Dr Mo” Könz have made history with “079”: Last year, the song stayed an entire 21 weeks at the top of the national charts – and thus broke a Swiss record. “079” is one of the three nominated songs for the “Best Hit award at the “Swiss Music Awards” 2019. Musician and lecturer for musicology, Hans Feigenwinter, analysed the hit composition. Read more
Label Suisse: a showcase for Swiss music in all its diversityLabel Suisse: a showcase for Swiss music in all its diversity The eighth edition of the Label Suisse Festival was held in Lausanne from 14 to 16 September. The biennial festival, dedicated to Swiss musicians and creators, offers the public a broad panorama of Switzerland’s current music landscape. Read more
The first year of SUISA Digital Licensing AGThe first year of SUISA Digital Licensing AG A little more than one and a half years ago, SUISA founded its subsidiary company, SUISA Digital Licensing AG. The subsidiary company has now completed its first business year. A year which was under the auspices of development and brought about a multitude of new findings. It is time for retrospection and a first interim summary. 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.

Tips and reflections on modern song structures by successful songwriters as well as other music industry representatives at the SUISA panel “How streaming is changing songwriting” in the course of the M4music festival on Saturday, 21 March 2020, at Moods. Text by Erika Weibel

M4music 2019 SUISA Panel Hit the World

KT Gorique, Laurell Barker and Shelly Peiken (f.l.t.r.) talking about songwriting at the SUISA panel “Hit the world / this is how international hit composers work” at the 2019 M4music festival. (Photo: Ennio Leanza / M4music)

Even the most creative songwriters go unnoticed if they are not able to get their music heard. In a highly competitive and oversaturated sector, songwriters need attract attention. They must stand out from countless other professional authors. Especially in the pop/urban genre, you must win over an audience whose listening behaviour is strongly...read more