Tag Archives: Streaming

“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.
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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

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  1. M. Badertscher says:

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

    • Michael Wohlgemuth says:

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

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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.
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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
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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.
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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
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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”

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  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.

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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”

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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

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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

The 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. Text by Fabian Niggemeier

The first year of SUISA Digital Licensing AG

The first business year of SUISA Digital Licensing AG was influenced by negotiations with many music service providers, successfully and jointly held with the SESAC Digital Licensing AG. (Photo: MichaelJayBerlin / Shutterstock.com)

By launching the subsidiary company, in short SUISA Digital, SUISA has outsourced cross-border and international online licensing in its entirety. SUISA is, from now, only responsible for the licensing of music uses on homepages and music services which only address a Swiss audience.

SUISA Digital’s responsibilities

SUISA has, for nearly six years, issued pan-European licences for online uses. In other words, the rights of SUISA members in the online world are not granted just for Switzerland, but directly for the whole of Europe. Thanks to the outstanding IT systems in this sector, SUISA was able to significantly increase the income of its members.

Another step followed in 2017: SUISA founded the Joint Venture, Mint Digital Services, with US collective management organisation SESAC. Until then, SUISA negotiated agreements with internet music providers (music service providers, abbreviated to MSPs) and managed the agreements itself upon their conclusion. With the creation of the Joint Venture, these two fundamental activities were split and outsourced. Mint Digital Services is responsible for the administration of the agreements i.e. the technical processing and invoicing in the name of the rights holders, whereas SUISA Digital is responsible for market monitoring, market penetration and the negotiation of the agreements. By way of another new introduction, the territory where the agreements apply was extended from Europe to nearly the whole world.

SUISA Digital is thus building a global licensing system and also offers this system to third parties. Collective management organisations from other countries can instruct SUISA Digital just like publishers can (for their Anglo-American repertoire), or authors from all over the world. That way, a cost-efficient management of rights can be ensured in the best possible manner.

Joint licences

SUISA Digital does not pursue this task by itself. It is in the interest of the rights holders as well as the MSPs to structure the negotiations in as efficient a manner as possible. That means to cover and govern as many rights as possible with as few agreements as possible. For this reason, SUISA Digital offers all MSPs to extend their agreements to the repertoire of SESAC Digital Licensing AG (in short: SESAC Digital). Provided that the MSP agrees, SUISA Digital and SESAC Digital jointly lead the negotiations and bundle their repertoire into a joint licence.

This is in the interest of the MSPs since it means they have to undertake less negotiation efforts, but also in the interest of SUISA Digital and SESAC Digital since a highly interesting “package” can be offered to the providers by joining up the repertoires. The advantage of this package is also that it does not just contain compositions which are used in Switzerland or Europe but also create a high demand globally.

The negotiations

At the end of 2017, a small but motivated team only focussed on preparing the negotiations. A multitude of information and figures had to be gathered and linked. Designing the agreement for areas outside Switzerland and Europe presented some challenges to the negotiation team. The parties agreed that the price of music should be linked mainly to the local significance of the music and the local buying power. It can thus be ensured that an adequate remuneration can be invoiced which remains affordable to the consumers.

Economic deliberations also made it clear that the big MSPs had to be approached first. The six biggest providers are responsible for 80% of the turnover. This statistical average does, of course, not apply for the music of all members: Those who are active in a specific music genre will at best have a bigger turnover on the platforms that focus specially on that genre. It was nevertheless paramount to prioritise the providers in line with their market share; knowing that certain big providers would be among the negotiation partners that would be harder to deal with.

Involving a mix of consistency, comprehension and rigour it was possible to make good progress in the negotiations. After twelve months, agreements could be entered into with all big MSPs or the negotiations are close to being concluded. Since these agreements are now ‘safe’, the next task is to complete the market penetration.

Until now, agreements with the following providers were jointly entered into with SESAC Digital:
YouTube, Spotify, Apple Music, Apple iTunes, Google Play, Deezer, Beatport, Facebook, Soundcloud, Melody VR, and Qobuz.

Joint negotiations are underway with the following providers:
Amazon, Napster, Tidal, Juke, 7Digital, dailymotion, Mixcloud, Red Karaoke, Soundtrack your Brand, What people play, Anghami, Auro, Bleep, Emoticast, Idagio, Smule, Xtendamix, Yousician, Better Day Wireless, DJ City, Juno, Linn Record, Musically, Recisio und Radionomy.

Add to that another approximately 20 MSPs from which feedback is due, as well as about 10 MSPs which are only active on a national level in the selected territories.

Distribution

As mentioned at the outset, the relevant agreements are processed and administered by the Joint Venture Mint Digital Services. The distribution of the income is, however, done by SUISA Digital and SUISA. A minimum of six months lies between the usage period and the distribution. The reason for this is that we do not represent the global repertoire, compared to the traditional offline sector. We can thus not invoice everything and then distribute, but only what we identify.

In this context, we depend on the collaboration by our members: The quicker they notify us of their works, the faster we can generate the invoices. For this reason, we are waiting between 60 and 100 days before we process the reports, depending on the MSP. That way, we can ensure that the majority of the new works and thus works with the highest usage levels has been registered and can be distributed by us. The distribution of the income is then made, at the latest, in the quarter after the payment from the MSPs has reached us.

There are going to be bigger settlements in due course. Since all agreements had to be renegotiated, no invoices could be sent out during the ongoing negotiations. In the cases of Spotify or Deezer, this led to the fact that the uses of the entire year 2018 were only invoiced at the beginning of 2019.

Outlook

During the second business year, SUISA Digital is going to focus firstly on achieving a coverage of the internet music market which is as complete as possible. Secondly, it is paramount that new markets, also outside of Europe, will be opened up and to ensure that SUISA members receive the remuneration they are due from anywhere in the world. For this purpose, we are constantly collaborating with Mint to improve systems and processes in order to continue providing our members with the best possible services in future.

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  1. Walter Thut says:

    Guten Tag,
    einen Fall welcher mich und andere von der SUISA vertretene Komponisten betrifft, und die oben genannten Zeitverschiebungen bei den Abrechnungungen fuer Urheber stark in Frage stellt, moechte ich gerne hier beschreiben:

    Die Urheber des bei dere SUISA angemeldeten Songs BACK TO THE DIRTY TOWN haben viele Millionen Clicks uf Youtube, und viele Screenshots Belege dass dieser Song seit 2017 z.B. in der Schweiz, Frankreich und den USA dauernd Webungen vorgeschaltet hat.

    Leider haben die Urherber von der SUISA noch keine einzige Ueberweisung erhalten. Obwohl die SUISA uns vor mehr als einem Jahr bestatigt hat, dass sie cies Clicks auch erfasst haben, und dass wir Verguetungen von der SUISA bis spaetestens Ende 2018 bekommen werden, haben wir noch keine einzige Abrechung dazu, und keinen einzigen Rappen ueberwiesen erhalten.

    Bei unserem digitalen Vertrieb funktioniert hingegen die Abrechnung sehr gut, und liegt bei mehreren Tausend CHF pro Jahr.

    Was stimmt hier nicht?

Leave a Reply

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

Your email address will not be published.

A 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. Text by Fabian Niggemeier

The first year of SUISA Digital Licensing AG

The first business year of SUISA Digital Licensing AG was influenced by negotiations with many music service providers, successfully and jointly held with the SESAC Digital Licensing AG. (Photo: MichaelJayBerlin / Shutterstock.com)

By launching the subsidiary company, in short SUISA Digital, SUISA has outsourced cross-border and international online licensing in its entirety. SUISA is, from now, only responsible for the licensing of music uses on homepages and music services which only address a...read more

No adequate share for audiovisual artists regarding video on demand and streaming success

Film director Ursula Meier is speeding from one success to the next, both in Switzerland as well as abroad. She elaborates why it is necessary to enhance the value of the position of film makers and actors in the video on demand (VOD) sector in the course of the copyright law review. Text/Interview by guest author Jürg Ruchti, CEO, SSA

No adequate share for audiovisual artists regarding video on demand and streaming success

Ursula Meier is a film director and a member of SSA. SSA is a sister society of SUISA and manages copyright for stage and audiovisual works. (Photo: Claude Dussez)

Ursula Meier, you are a member of the Société Suisse des Auteurs (SSA) – why?
Well, first and foremost because SSA looks after my copyright in an efficient manner. It also provides me with additional services: SSA is a cooperative society which is based on mutuality and solidarity and defends the interests of creators of audiovisual and stage works.

Creatives are asking for an implementation of new provisions regarding the video on demand (VOD) into the Swiss Copyright Act.
Yes, that’s very important. Thanks to the internet, our works are being consumed as often as never before but creatives are not paid to the extent that they would deserve. Digital economy players claim the income which have arisen from the consumption of our works but reject any obligations above and beyond that.

But isn’t it the case that authors negotiate their rights with the producer when they create a film?
Yes, but the contractual chains for the exploitation of the works are so complex and sometimes opaque that the income does actually not reach the artist or creator. There is a multitude of contracting parties. The digital economy leaves producers in an unprecedented state of uncertainty. They don’t know whether they’ll ever get their investment back. There are several reasons for that. This affects the levels of remuneration which they can grant artists during the contractual negotiations prior to the completion of a film. Our conditions have thus got worse.

Why should VOD platforms be obliged to remunerate authors via their collective management organisations?
Because if that were the case, authors would get a fair share of the success of their work, since their collective management organisations would get involved with the last player in the value chain i.e. the party which is in direct contact with the consumer. In the TV sector in Switzerland, this model has been established for quite some time and it works to our satisfaction. The current law does actually provide an obligation to pay for the rental of video tapes or DVDs. Since VOD has now taken over this market segment, the law should be adapted to this development.

The suggested new provision does, however, not seem to be beyond all doubt.
No, since it contains two contentious issues: First, it also affects music which does not want this provision since its system already works well in all countries. This is not the case for scriptwriters, directors and actors. A collective management of their rights only exists in few countries and the platforms often operate from other countries. The second issue which is problematic relates to works which are commissioned by TV broadcasters: The legislative draft provides for them to be excluded from the new mandatory remuneration for artists.

What exactly is the problem in the case of commissioned work?
These works are the most sought after works on this new market, for example series. The circle of principals has grown: In future, VOD platforms join TV broadcasters. There is no reason to treat the former in any other way than the latter. Works do follow a path. Sooner or later they can be consumed on a multitude of platforms. If commissioned works are being excluded from this new VOD right, authors do not receive any remuneration for their online exploitation. Their situation would therefore hardly improve. Here’s an example: A new series, commissioned by the RTS, which subsequently is made available via a streaming service such as Amazon would be exempt from the new legislation. This exclusion undermines the meaning of the new law and its general intention consequently misses the mark. The argument which forms the basis to this legal article does not reflect reality and I hope that this will be resolved in the course of the debates in the respective sessions.

About Ursula Meier
Ursula Meier is an internationally renowned film director. “Home” (with Isabelle Huppert) was among the nominated films at the 2008 Cannes Film Festival and received numerous international awards. In 2012, “L’enfant d’en haut” (with Léa Seydoux and Kacey Mottet Klein) was awarded the special prize Silberner Bär [Silver Bear] at the Berlinale [Berlin Film Festival]. Just like “Home”, in 2010, the film was given three Swiss film awards, among them the award for the best film, and it also represented Switzerland at the Oscars. At the beginning of 2018, Ursula Meier completed “Journal de ma tête”, a TV film with Fanny Ardant and Kacey Mottet Klein. The film was nominated for the Berlinale. Ursula Meier was the president of the jury for the Caméra d’Or at the Cannes Film Festival this year.
About the remuneration right for video on demand
Online platforms that make available feature films (cinema and TV) have replaced DVD rental. Whereas, under Article 13 FCA, authors and artists used to receive a share of DVD rental revenues, this is no longer the case for online availability. The revised legislation must ensure that authors and performing artists, as the primary creators of value, participate in this new economic model. Swisscopyright welcomed the introduction of a right to remuneration in Articles 13a and 35a FCA-B in principle. The collecting societies, however, underscored that the right to remuneration must be supplemental to the fees paid to the creators by producers (for the commissioning of works, the performances therein and the corresponding rights). The FCʼs proposal is not clear in this respect. Swisscopyright argues that the parliamentary debates must make it clear that the right to receive remuneration is supplemental to, and not in lieu of, such fees.
“The composers and publishers of film music entrust their rights to collective rights management societies like SUISA which act directly vis à vis the VoD platforms. The contractual system for music assures composers more favourable financial conditions than they would have under a statutory remuneration right.”
Moreover, the exclusion of music works from the new right to remuneration was an essential element of the AGUR 12 II compromise; regrettably, the FC has not included this exclusion in its proposal. Since the voluntary collective management model functions well in the music sector, we should come back to the solution advocated by AGUR12 II. The music and the audiovisual sector diverge significantly in this respect “The composers and publishers of film music entrust their rights to collective rights management societies like SUISA which act directly vis à vis the VoD platforms (alongside the aggregators who handle all other rights in the film). The contractual system for music assures composers more favourable financial conditions than they would have under a statutory remuneration right.
In the field of music, however, it is necessary to ensure that the revenues distributed by collecting societies are properly apportioned between the composer and the publisher. The composer must in any event receive an equitable share. Article 49(3) FCA already guarantees this for concerts, radio broadcasts and CD productions. But this rule only applies to areas under federal regulation, and therefore not to VoD. As a result, Swisscopyright proposes rewording paragraph 5 of Article 13a FCA-B to stipulate the composerʼs right to a fair share of the voluntary collective management revenues, in line with SUISAʼs current practice.
Excerpt from the SUISAblog-Article: “Copyright law revision: work starts in the parliamentary committees” by Vincent Salvadé.

The interview with Ursula Meier was conducted for the “Sessionsbrief” (session letter) (PDF, in German) of Swisscopyright, published in September 2018. Swisscopyright is the joint umbrella of the five Swiss collective management organisations ProLitteris, SSA, SUISA, Suissimage and Swissperform. With the “Sessionsbrief”, the societies inform interested parties from within the political scene as well as the public on subjects affecting copyright.

Swisscopyright Website

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Film director Ursula Meier is speeding from one success to the next, both in Switzerland as well as abroad. She elaborates why it is necessary to enhance the value of the position of film makers and actors in the video on demand (VOD) sector in the course of the copyright law review. Text/Interview by guest author Jürg Ruchti, CEO, SSA

No adequate share for audiovisual artists regarding video on demand and streaming success

Ursula Meier is a film director and a member of SSA. SSA is a sister society of SUISA and manages copyright for stage and audiovisual works. (Photo: Claude Dussez)

Ursula Meier, you are a member of the Société Suisse des Auteurs (SSA) – why?
Well, first and foremost because SSA looks after my copyright in an efficient manner. It also provides me with additional services: SSA is a cooperative society which is based on...read more