Tag Archives: SUISA

SUISA General Meeting: Emergency fund for authors and publishers approved

SUISAʼs General Meeting approved the emergency fund for composers, lyricists and publishers of music in the amount of CHF 1.5 million. In addition, Swiss yodeller, singer, composer and publisher Melanie Oesch was elected to the SUISA Board. For the first time in SUISAʼs history, the General Meeting was held in written form due to the Covid-19 pandemic this year. Text by Giorgio Tebaldi; interview with Melanie Oesch by Erika Weibel; video by Nina Müller

SUISAʼs General Meeting should have been held this year on 26 June at the Bierhübeli in Bern. Due to the Covid-19 pandemic and the ban on events imposed in March, the SUISA Board decided in April to hold the General Meeting in written form. For the first time in the Cooperativeʼs history, SUISA members were able to vote and elect by post and, in the case of some members from abroad, by e-mail.

Covid-19: Emergency fund for authors and publishers

In addition to statutory business such as approving the annual accounts or granting the discharge to the SUISA Board and the auditing firm BDO, the emergency fund for authors and publishers was one of the most important items on the agenda of this yearʼs General Meeting. In view of the current precarious situation for music professionals, the SUISA Board decided on 6 April 2020 that SUISA should make additional funds available to cover losses in copyright royalties incurred by SUISA members due to the cancellation of events and closure of businesses ordered by the authorities. The fund of CHF 1.5 million is intended to compensate composers, lyricists and publishers of music who find themselves in distress as a result of the corona crisis for proven loss of SUISA-related income. The General Meetingapproved the relief fund by a large majority.

Michael Hug elected to the Distribution and Works Commission

In addition, two by-elections were held at this yearʼs General Assembly. To replace Grégoire Liechti, who was elected to the SUISA Executive Committee last year, music publisher Michael Hug was elected to the Distribution and Works Commission (VWK) for the current term of office until 2023.

Michael Hug is Managing Director of the Ruh Musik AG publishing house, founded in 1910. The publishing house is nationally and internationally renowned for the publication of wind music; the catalogue also includes numerous works of classical and choral music. Michael Hug and his wife took over the company from his father in 2009. He recognised the signs of the times early on and digitised his entire catalogue. In 2012, the foundation for music promotion of SUISA, the FONDATION SUISA, awarded him a prize for his digital distribution platform for sheet music; at the time, the jury particularly emphasised his innovative spirit and sustainable concept. Michael Hug is 55 years old and – like all his predecessors in the publishing house – is also musically active himself.

Melanie Oesch new on the SUISA Board of Directors

A by-election was also necessary for SUISAʼsBoard of Directors, following the unexpected death of Reto Parolari, conductor, composer and long-standing member of theBoard, in December 2019. The Swiss yodeller, singer, composer and publisher Melanie Oesch (Oeschʼs die Dritten) was newly elected to SUISAʼs Boardfor the current term of office until 2023.

Melanie Oesch is, as part of Oeschʼs die Dritten, one of the most successful representatives of traditional folklore music. Melanie Oesch is 33 years old and has been a member of SUISA since 2006.

In a video interview, she tells us what SUISA means to her: “SUISAʼs work is very important to me. I would never have the time to claim the money I am entitled to everywhere myself and I also lack the knowledge about it.” She particularly appreciates SUISAʼs expertise: “I am glad SUISA has so many professionals who have been working on this issue for years and who are committed to it”, says Melanie Oesch.

Melanie Oesch was very pleased and honoured by the question whether she would like to become a member of the Board. She would like to bring her experience as a folk musician to the Board: “In folk music there are many pieces which are very old. It is often not clear whether the composers are still alive and where [the pieces] are published.” The type of pieces in folk music is also special. “For example, a yodel doesnʼt have a classical text, and yet it has a kind of text,” explains the Bernese-born artist.

As a member of the Board, Melanie Oesch would like to change something about the disagreements between organisers and artists. According to her assessment, certain organisers feel disadvantaged because they are small and have the feeling of having to pay a lot anyway. She would like to improve mediation between SUISA and the organisers.

Altogether 1576 composers, text authors, music publishers and heirs participated in the written voting and electing process. An overview of the results of the SUISA General Meeting 2020 can be found at www.suisa.ch/generalmeeting

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SUISAʼs General Meeting approved the emergency fund for composers, lyricists and publishers of music in the amount of CHF 1.5 million. In addition, Swiss yodeller, singer, composer and publisher Melanie Oesch was elected to the SUISA Board. For the first time in SUISAʼs history, the General Meeting was held in written form due to the Covid-19 pandemic this year. Text by Giorgio Tebaldi; interview with Melanie Oesch by Erika Weibel; video by Nina Müller

SUISAʼs General Meeting should have been held this year on 26 June at the Bierhübeli in Bern. Due to the Covid-19 pandemic and the ban on events imposed in March, the SUISA Board decided in April to hold the General Meeting in written form. For the first time in the Cooperativeʼs history, SUISA members were able to vote...read more

Night of Light: SUISA is committed to the event and culture industries

On Monday, 22 June 2020, from 10 pm to midnight, buildings throughout Switzerland were bathed in red light. The occasion was the “Night of Light”. The aim of this action was to draw the attention of the general public to the fact that many organisers and cultural operators are in a precarious situation due to the Corona crisis. SUISA also took part in this campaign and had its headquarters in Zurich illuminated in red. Text by Giorgio Tebaldi; Video by Nina Müller

On Monday evening, more than 900 buildings throughout Switzerland were lit up red. From 10 p.m. to midnight, companies and organisations joined forces in the “Night of Light” campaign to set an example for the event and culture industry, which has been particularly hard hit by the corona crisis.

As a cooperative society of composers, lyricists and music publishers, SUISA also took part in the “Night of Light” and bathed its headquarters in Zurich Wollishofen in red light for two hours. Pictures of this campaign can be seen in the video. SUISA is thus committed to serving the interests of its members, the authors and publishers of music in Switzerland and Liechtenstein, as well as its clients in the event and cultural industries.

The aim of the campaign was to make the public and politicians aware of the precarious situation of the event and culture industries caused by the corona crisis. The coordinators, associations from the event and culture industries, want to discuss with political leaders in the context of a sector dialogue how the multi-billion-dollar, heterogeneous event and culture industry can be saved from a massive wave of insolvencies and how thousands of jobs throughout Switzerland can be preserved.

“The events industry was the first sector of the economy to be hit by the Covid 19 crisis and it is very likely that it will also be affected the longest and most profoundly by its effects,” write the organisers of the Swiss “Night of Light”. From 16 March 2020 onwards, the working basis of an entire commercial sector has been made massively more difficult, and concerts, festivals, theatre performances, business events were until recently completely impossible, and even now are only possible with difficulty.

Even though the Federal Council announced further relaxation measures on 19 June 2020 and now allows events for up to 1,000 people, subject to compliance with appropriate safety and hygiene concepts, the situation in the event and culture industries remains extremely difficult. Firstly, events such as tours often require a planning period of several months and therefore cannot be repeated from one day to the next. Secondly, many events can hardly be carried out economically even with the new relaxation measures, as the organisers still have to comply with strict regulations.

In addition, the entitlement to short-time work for persons in a similar position to employers expired at the end of May and the conditions for support payments were tightened. This particularly affects SMEs and freelancers from the event industry and the circle of cultural workers, as these professional areas are largely made up of small owner-managed companies and self-employed persons. The event industry and creators and artists are therefore urgently dependent on the support being continued until normal operations are possible again.

SUISA supports the demands of cultural associations to continue their support measures for organisers and creators and artist. Otherwise there is a risk that many of these self-employed people, small and micro-enterprises will have to file for bankruptcy and disappear from the Swiss cultural landscape. Ultimately, thousands of jobs are at stake in an industry with an annual turnover of 70 billion Swiss francs.

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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
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On Monday, 22 June 2020, from 10 pm to midnight, buildings throughout Switzerland were bathed in red light. The occasion was the “Night of Light”. The aim of this action was to draw the attention of the general public to the fact that many organisers and cultural operators are in a precarious situation due to the Corona crisis. SUISA also took part in this campaign and had its headquarters in Zurich illuminated in red. Text by Giorgio Tebaldi; Video by Nina Müller

On Monday evening, more than 900 buildings throughout Switzerland were lit up red. From 10 p.m. to midnight, companies and organisations joined forces in the “Night of Light” campaign to set an example for the event and culture industry, which has been particularly hard hit by the corona crisis.

As a...read more

From 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. By Andreas Wegelin, CEO

From forte to pianissimo in just a few beats

Three months after SUISA’s gratifying 2019 financial statements, instruments in concert halls fell silent. (Photo: VTT Studio / Shutterstock.com)

No sooner had SUISA announced its best results in its 96-year history, than a general ban was imposed on all public events, and all venues were shut down in March 2020, triggering an unprecedented negative record: one after the other, concerts, shows and dance events were cancelled. Overnight, bookings were struck from musicians’ calendars. In concert venues, musical instruments fell silent.

This cannot fail to impact SUISA’s business. Owing to the coronavirus pandemic, we are currently assuming that SUISA’s total revenues – and therefore the amount available for distribution – will fall by up to 25% by the end of 2020. Nobody can tell for sure today, much will depend on how the epidemic develops here and abroad, but a hefty recession seems imminent. It will take time to get back to normalcy, and we expect recovery to be no more than hesitant next year too.

In this crisis, SUISA is determined to prove itself a reliable partner both for music creators and music users. Appropriate measures have been put in place to support musicians, and an accommodating approach has been adopted towards customer payments. Meanwhile, new online forms of music performance are becoming more important as a source of royalties. Streaming may be the technology of the hour, but it only brings authors and music publishers a fraction of the revenues generated by live concerts.

“In this crisis, SUISA is determined to prove itself a reliable partner both for music creators and music users.”

SUISA has remained and remains active during the corona crisis. We are the hub for inquiries from members and customers. Although there are fewer events, we intend to maintain and even expand our services through automation. Unfortunately, the Board and the Executive Committee will not be able to welcome members personally to the General Meeting in Bern this year. To have a say in SUISA’s affairs, members will have to send in their vote by post. We encourage you to make use of this opportunity.

In any event, the employees at our three offices in Zurich, Lugano and Lausanne remain at your disposal. When work is slow, staff will be able to attend training courses; moreover, we are working full speed to develop online self-service services to give you more time to focus on your strengths. Making music, innovating, promoting. Despite the corona crisis, I wish you a challenging and productive summer.

SUISA matters: SUISAinfo 3.20, digital only
This autumn, the News for SUISA members will be sent by e-mail in digital format only. To contain costs in this difficult year, the hardcopy printed version will not be produced. SUISA provides regular news updates via www.suisa.ch, www.suisablog.ch, and SUISA Music Stories on Instagram, Facebook and Youtube. (Manu Leuenberger)
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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. By Andreas Wegelin, CEO

From forte to pianissimo in just a few beats

Three months after SUISA’s gratifying 2019 financial statements, instruments in concert halls fell silent. (Photo: VTT Studio / Shutterstock.com)

No sooner had SUISA announced its best results in its 96-year history, than a general ban was imposed on all public events, and all venues were shut down in March 2020, triggering an unprecedented negative record: one...read more

Support 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. Text by Irène Philipp Ziebold

Support for SUISA members during the corona crisis

No concerts means no revenues from performing rights. Instead, Kety Fusco played live music from her home for the SUISAblog “Music for Tomorrow” series and for SUISA Music Stories on social media. (Photo: screen shot video Kety Fusco)

Cancelled concerts, closed shops and cinema theatres, reduced advertising on radio and TV – the consequences of the federal measures against the spread of the coronavirus have a direct impact on rights management revenues: if there is no music usage, there is no royalty income.

SUISA offers its members financial support to bridge the loss in earnings:

Advances

First and foremost, SUISA has the option, as it has always had, to grant advances to its members. Both authors and publishers can qualify for an advance. The amount of the advance is based on the member’s average revenues in the preceding years. Advances can only be granted to members who have earned more than CHF 500 on average in royalties in recent years. Members may apply for an advance by email. Applications are processed within seven days. The decision is communicated in writing by email. If the applicant satisfies the qualification criteria, the advance will be paid immediately by bank transfer.

Under normal circumstances, advances are offset against the member’s next settlement. This means that the amount advanced is deducted from the distributable amount. As an immediate measure in the exceptional context of the corona pandemic, SUISA’s Board has decided that advances would not be offset before June 2021 at the earliest. The Board and the Executive Committee are keeping a close eye on the crisis situation and, depending on economic developments, may decide to further postpone the offsetting of such advances. In any event, repayment of these advances will not be due before June 2021 at the earliest.

Support payments for members

If an advance is insufficient to alleviate the existential financial hardship suffered by a member as a result of the loss in royalty revenues, the member may apply to SUISA for support payments. SUISA’s Pension Fund makes funds available to authors in the event of an emergency. As a further immediate measure, the Executive Committee has decided to create an additional emergency relief fund from which support payments can be made to authors and publishers alike. The emergency relief fund still has to be ratified by the General Meeting by postal voting.

In the framework of its rights administration responsibilities, SUISA provides support to members who suffer a loss in their royalty revenues. However, only limited funds are available for support payments. SUISA members who are not already receiving hardship relief from the emergency fund of Suisseculture Sociale or under other cantonal measures may apply for support payments from SUISA.

Applicants must prove their financial hardship. Applications for support payments can be submitted via the members’ portal “My account”. Application documentation will be processed within seven days. Decisions are communicated in writing by email. Payment is made by bank transfer as soon as an application is approved. Support payments do not have to be repaid.

Federal support measures and other aid

The financial support provided by SUISA is designed to help bridge a shortfall in royalty income. SUISA’s support is supplemental – not in lieu of or as an alternative to federal support measures. Information about the measures introduced by the Swiss government to alleviate the economic consequences of the corona pandemic on the cultural sector is available (in German, French and Italian) on the website of the Federal Office of Culture (FOC): www.bak.admin.ch/bak/de/home/themen/coronavirus.html

The Swiss cultural foundation Pro Helvetia also publishes continuously updated information at: www.prohelvetia.ch/en/dossier/info-hub-covid-19/

Go to: www.suisseculture.ch for information about the emergency relief fund for cultural workers, and a link to the application portal. Applications for immediate aid can be submitted through this portal.

Helpful information for musicians is also available on the website of Sonart, the professional association of freelance musicians in Switzerland.

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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.

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. Text by Irène Philipp Ziebold

Support for SUISA members during the corona crisis

No concerts means no revenues from performing rights. Instead, Kety Fusco played live music from her home for the SUISAblog “Music for Tomorrow” series and for SUISA Music Stories on social media. (Photo: screen shot video Kety Fusco)

Cancelled concerts, closed shops and cinema theatres, reduced advertising on radio and TV – the consequences of the federal measures against the spread of the coronavirus have a direct impact on rights management revenues: if there is no music usage, there is no royalty income.

SUISA offers its members financial support to bridge the loss in earnings:

Advances

First and foremost,...read more

No General Meeting 2020 – but voting by correspondence instead

Due to the coronavirus pandemic, the General Meeting cannot take place in its usual form. However, members with voting rights may still have a say in the destiny of their SUISA Cooperative by casting their votes by letter. Text by Andreas Wegelin

No General Assembly 2020 – but voting by correspondence instead

By way of exception, SUISAʼs 2020 General Assembly (GA) will be held by letter: To participate in the vote, members entitled to vote shall return their completed voting form by post, which must reach SUISA by 26 June 2020. (Photo: Juerg Isler, isler-fotografie.ch)

This yearʼs General Meeting, the annual highlight of social life at the SUISA Cooperative, should have taken place on Friday, 26 June 2020, at 11 a.m. at the Bierhübeli in Bern. However, this is not possible because of the corona pandemic, even if it is not yet known exactly when the ban on assembly will be relaxed for which size of events. In any case, the organisation of a general meeting requires a preparation time of about two months.

The Board therefore decided on 29 April 2020 that this yearʼs General Meeting can only be held by correspondence by way of exception. This decision is in conformity with the Federal Council guidelines in the Covid-19 Ordinance 2. In the sense of emergency law, the latter exceptionally permits running an GA in such a way, although the process of forming an opinion will be restricted due to the fact that there will be no “live” discussion at the GA.

1. Organisational execution

From 27 May 2020, all members with voting rights will receive an invitation by mail to participate in the postal vote on the resolutions of the General Meeting. The members entitled to vote have the opportunity to return the completed personalised voting form as soon as they receive the invitation. The letter with the voting form must reach SUISA by 26 June 2020.

The results of the votes are then counted by the election office headed by Dr. Bernhard Wittweiler (head of SUISAʼs Legal Department).

On 30 June 2020, the results of the vote and election will be formally established by the President, the Secretary (who will be in charge of the minutes), the CEO and the Head of the Legal Department on the basis of the count and published on the SUISA website on the same day.

The submitted voting documents are confidential and will be kept until the end of the period of appeal (two months after the resolution is passed, 31 August 2020) and then destroyed.

2. Agenda of the vote by correspondence instead of the 2020 GA

In addition to the usual statutory business – acceptance of the minutes, resolutions on the annual accounts, the management report and the annual report of the SUISA Cooperative and the SUISA Group – two seats on committees must also be filled.

2.1 By-election for the Board
Our long-standing board member Reto Parolari passed away suddenly and completely unexpectedly on 15 December 2019. The Board proposes to elect Melanie Oesch as successor to the Board.

Melanie Oesch grew up near Thun in the canton of Bern and attended the music high school in Thun. She appeared on stage for the first time at the age of five and inspired the audience with her unique tongue twisting. With her many ideas and plans, Melanie is, in many areas, the creative mind at Oeschʼs die Dritten.

Oesch’s die Dritten are a Swiss folk music group from the Bernese Oberland, consisting of Hansueli and Annemarie Oesch, their children Melanie, Kevin and Mike and accordionist Urs Meier. Their breakthrough in the German-speaking world came in 2007: Oeschʼs die Dritten won the young talent competition of the “Musikantenstadl” and since then have been a regular guest in various folk music programmes on television and at major folk music events. In October 2008, they won with the Ku-Ku yodel in the SRF-1 programme “The greatest Swiss hits”. Melanie Oesch revolutionises a certain form of yodelling and contributes to the spread of folk music through her musical activity. Among other things, she was an exceptional yodeler in Stefan Raabʼs “TV total”. Then there was the duet with Helene Fischer, in their Christmas show 2016, which convinced fans and non-fans alike. As an author, she has published two childrensʼ books together with the illustrator Christina Wald.

Melanie Oesch has been a member of SUISA as an author since 2006. The Oesch Music Verlag, which she heads, is also a member of SUISA. She is also a member of the “Phono Performers” expert committee at Swissperform.

2.2 By-election for the Distribution and Works Committee
At the last General Meeting, Grégoire Liechti was elected to SUISA’s Board of Directors. He therefore resigned from the Distribution and Works Committee. The Board proposes Michael Hug from the publishing category as replacement. He is the Managing Director of Ruh Musik AG and leads the family business, founded in 1910, in the 4th generation. Ruh Musik is nationally and internationally known for the publication of brass music; the catalogue also includes numerous works of classical and choral music. Ruh Musik is a sub-publisher for several renowned brass music publishers and has also expanded its catalogue in recent years to include publishers such as Edition Cron Lucerne and Belgano.

Michael Hug and his wife took over the company from his father in 2009. He recognised the signs of the times early on and digitised his entire catalogue. In 2012, he was awarded by the FONDATION SUISA as a publisher for his digital distribution platform for sheet music; the jury particularly praised his innovative spirit and sustainable concept.
Michael Hug is 55 years old and – like all his predecessors in the publishing house – is also musically active himself.

Even in times of crisis, shaping SUISAʼs future is important. For once, those members who would otherwise be prevented from attending the General Meeting may also participate in the written voting process. We hope that many will participate. Information on the General Assembly as well as documents and records can be found at: www.suisa.ch/en/members/general-assembly.html

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Due to the coronavirus pandemic, the General Meeting cannot take place in its usual form. However, members with voting rights may still have a say in the destiny of their SUISA Cooperative by casting their votes by letter. Text by Andreas Wegelin

No General Assembly 2020 – but voting by correspondence instead

By way of exception, SUISAʼs 2020 General Assembly (GA) will be held by letter: To participate in the vote, members entitled to vote shall return their completed voting form by post, which must reach SUISA by 26 June 2020. (Photo: Juerg Isler, isler-fotografie.ch)

This yearʼs General Meeting, the annual highlight of social life at the SUISA Cooperative, should have taken place on Friday, 26 June 2020, at 11 a.m. at the Bierhübeli in Bern. However, this is not possible because of the corona pandemic, even if it is not yet known exactly...read more

A Board Meeting focused on the coronavirus

To comply with coronavirus regulations, SUISA’s Board met for the first time by video conference on 28 and 29 April 2020. Board members were connected by sound and video from their respective home offices. After a short period of accustomation, the meeting proceeded apace without any significant communications problems. Even thorny issues were debated and decided in this way. Report from the Board by Andreas Wegelin

A Board Meeting focused on the coronavirus

Based on our current state of knowledge, we expect a 25% drop in total budgeted revenues owing to event cancellations and business shutdowns in the wake of the restrictions ordered by the public authorities to contain the corona pandemic. (Photo: RomeoLu / Shutterstock.com)

The main items on the Board’s spring agenda are the approval of the annual financial statements, status report and business report and their referral to the General Meeting, as well as the preparation of the agenda for the General Meeting.

SUISA’s 2019 financial statements show highly satisfactory results. Royalty revenues totaled CHF 155.25m, a 3% increase over the prior year. As a result, after deducting costs, CHF 129.34m will be distributed to beneficiaries in Switzerland and abroad in 2020. Moreover, thanks to significant investment income, an additional 7% can be distributed on all settlements.

Written vote instead of a 2020 General Meeting

The Board decided that, by way of exception, the business on the agenda for this year’s General Meeting will be put to a written vote since there is no assurance that the meeting scheduled for 26 June at the Bierhübeli in Bern will effectively be able to take place. The documentation for voting by correspondence will be sent to members at the end of May.

Two by-elections to the Committees are also on General Meeting’s agenda – and will be held this time in writing: the Board proposes Michael Hug to succeed Grégoire Liechti in the Distribution and Works Committee. Melanie Oesch is the designated candidate to succeed the late Reto Parolari as Member of the Board.

Course of business during the corona crisis: the Board establishes a task force

Apart from the usual items on the agenda for the spring meeting, discussions in the Board focused on corona-related threats, or rather, on the consequences of business shutdowns and the ban on events. Meanwhile, it is known that no large concerts will take place until the end of August at least, and that smaller events will only be allowed under stringent health and security measures liable to impact audience size. It is quite conceivable that these restrictions will remain in force for a longer period.

Under the circumstances, we expect SUISA’s budget for revenues from concerts, events and music entertainment in the hospitality industry to be cut by half. This translates into a reduction of 25%, or CHF 38m, in SUISA’s total budgeted revenues. A more accurate forecast cannot yet be made given the lack of visibility until the end of the year. The Board has established a task force to examine, together with the Executive Committee, how the loss in revenue will impact the course of business, and to identify the necessary cost-cutting measures.

Developments in the online licensing market

Another important topic in the context of SUISA’s consolidated annual financial statements was the development of the online licensing market. For three years now, SUISA Digital Licensing has been licensing the rights of SUISA members not only in Switzerland and Liechtenstein, but throughout Europe – and even worldwide where the agreements so allow – through Mint Digital Services, SUISA’s joint venture with SESAC, the US rights’ management organisation.

By pooling repertoires, SUISA has become an important provider of services in this field with Mint. The two start-up companies Mint and SUISA Digital Licensing are not yet profitable. The Board has therefore instructed the Executive Committee to prepare and present a detailed evaluation of the break-even prospects, calculated under various scenarios.

The next meetings of the Board, to be held in video conferencing again, are scheduled for 25 May and 25 June 2020.

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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
SUISA extends payment deadline for its customersSUISA extends payment deadline for its customers From April 2020 and until further notice, SUISA will grant an extension of the payment period on invoices issued from 30 to 90 days. For music not used in connection with the official regulations against the spread of the corona pandemic, copyright fees will be dropped. Read more
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  1. Yannick Popesco says:

    Bonjour étant membre de la Suisa et artiste actif je me pose une question importante.

    Y’a-t-il actuellement une lutte en cours pour le statut suisse d’intermittent du spectacle ?
    Quel est le statut légal de l’artiste pour l’instant ?

    Salutations,
    Yannick Popesco (artiste indépendant)

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To comply with coronavirus regulations, SUISA’s Board met for the first time by video conference on 28 and 29 April 2020. Board members were connected by sound and video from their respective home offices. After a short period of accustomation, the meeting proceeded apace without any significant communications problems. Even thorny issues were debated and decided in this way. Report from the Board by Andreas Wegelin

A Board Meeting focused on the coronavirus

Based on our current state of knowledge, we expect a 25% drop in total budgeted revenues owing to event cancellations and business shutdowns in the wake of the restrictions ordered by the public authorities to contain the corona pandemic. (Photo: RomeoLu / Shutterstock.com)

The main items on the Board’s spring agenda are the approval of the annual financial statements, status report and business report and their referral...read more

SUISA extends payment deadline for its customers

From April 2020 and until further notice, SUISA will grant an extension of the payment period on invoices issued. For music not used in connection with the official regulations against the spread of the corona pandemic, copyright fees will be dropped. Text by Irène Philipp Ziebold

SUISA extends payment deadline for its customers

The corona virus is currently posing major challenges for the whole of Switzerland – many of SUISA’s customers are affected by the financial consequences, as are the musicians whose rights SUISA manages. (Photo: Federal Office of Public Health)

The drastic measures taken to contain the Sars CoV-2 virus have brought about drastic changes in the social and economic environment in Switzerland within a very short time. Cultural life in the country has almost come to a standstill. Many of SUISA’s customers, especially event organisers and commercial enterprises, are suffering from the financial consequences of the lockdown. SUISA members are also severely affected by the sudden loss of basic income: Copyright royalties are one of the few steady sources of income for composers, lyricists and publishers whose rights SUISA manages.

SUISA is a link in the chain of companies affected by the crisis: Especially now, it is of existential interest for music creators that the payment of copyright royalties is preserved. In this context, SUISA is maintaining its service of permitting public use of music and is adapting some of its modalities to exceptional circumstances for the benefit of licensees.

Extension of the payment deadlines

For invoices issued from April 2020, the payment period for SUISA’s customers will be increased. The extended term of payment is recorded as a date on the invoices. This accommodation in the terms of payment is granted automatically and will be valid until further notice.

Discount for music usages that did not take place

Due to official regulations, various uses of music are and have been impossible. Be it banned events, closed shops or events in hospitality businesses that could inevitably not take place: Copyright fees for usages that have demonstrably not taken place shall not be payable.

In order to be able to deduct the discount correctly according to each individual case, various procedures will be applied for administrative and technical reasons:

Dance and entertainment in the hospitality industry

Customers who obtain a licence for dance and entertainment in the hotel and restaurant industry according to the Common Tariff H (CT H) can partially benefit from an automatic and deduction of the discount. For all cases where an automatic reduction is not possible due to the data available, we will dispatch the annual invoices in the regular scope. If the invoiced amount is too high due to cancelled events, we will revoke the invoices and reduce them to the actual amount of use according to the feedback from the customers.

Background entertainment

For licensees of the Common Tariff 3a (CT 3a) for background entertainment, the dates of business closures can vary considerably from one company to another.

We kindly ask you to notify us of the respective business closure dates by using our electronic form:

  • For your notification, please use the form located at www.suisa.ch/3a
  • Please note that reimbursements can only be made if no employees were on the business premises and if there were no occurrences of music use in telephone loops or in business vehicles.

Once we have verified the details you submitted, we are going to credit the relevant amounts in line with Common Tariff 3a for full calendar months where no background entertainment took place. For businesses which were open again on 27 April and would not fulfil these requirements, SUISA is offering a reduction of one calendar month as a gesture of goodwill.

Customers of other tariffs

Licensees of other tariffs who receive periodic invoices for long-term contracts must report any music use that has not taken place to the competent SUISA administration department, whose contact details appear on the invoices. Thus, in the context of a final settlement, the compensation can be adjusted to the actual use made.

SUISA remains available to answer questions or concerns of all customers by telephone from Monday to Friday from 9 a.m. to noon and from 1.30 p.m. to 5 p.m.

Further information:
www.suisa.ch/3a
www.suisa.ch

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From April 2020 and until further notice, SUISA will grant an extension of the payment period on invoices issued. For music not used in connection with the official regulations against the spread of the corona pandemic, copyright fees will be dropped. Text by Irène Philipp Ziebold

SUISA extends payment deadline for its customers

The corona virus is currently posing major challenges for the whole of Switzerland – many of SUISA’s customers are affected by the financial consequences, as are the musicians whose rights SUISA manages. (Photo: Federal Office of Public Health)

The drastic measures taken to contain the Sars CoV-2 virus have brought about drastic changes in the social and economic environment in Switzerland within a very short time. Cultural life in the country has almost come to a standstill. Many of SUISA’s customers, especially event organisers and commercial enterprises,...read more

The 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. Text by Vincent Salvadé

The revised copyright law has come into force

The updated Federal Copyright Act came into force on 1 April 2020. (Photo: Manu Leuenberger)

This concluded the efforts of ten years’ work. The revision was initiated in 2010 when State Concillor Geraldine Savary, who subsequently joined SUISA’s Board, filed a postulate titled “Does Switzerland need a law against unlawful downloading of music?”

How will the new law affect SUISA’s activity? The following points are noteworthy:

The law introduces new anti-piracy measures:
Under certain conditions, hosting platforms are henceforth obliged to durably prevent unlawful content from being remade available through the use of their services (stay down obligation, Article 39d CopA); moreover, rightholders may process personal data insofar as this is essential for the purpose of criminal prosecution (Article 77i CopA).

Certain measures are designed to improve collective rights management:
Users must provide the collective rights management organisations with the necessary information in an electronic form allowing for automatic data processing (Article 51(1) CopA); collective rights management organisations are entitled to exchange the information provided by users with one another (Article 51(1bis) CopA); accelerated procedure for tariff appeals before the Federal Administrative Court (Article 74(2) CopA); and the Federal Arbitration Commission responsible for approving tariffs is now entitled to hear witnesses (see new Article 14(1)(h) of the Federal Act on Administrative Procedure).

Lastly, the notion of an “extended collective licence” has been introduced into Swiss law (Article 43a CopA):
Collecting societies can now grant a blanket authorisation for certain uses, even for rightholders they do not represent contractually; this enhances the legal certainty for users and secures additional remuneration for rightholders. This option applies to uses which cannot be individually controlled by rightholders; collecting societies would act as an “insurance” (of a sort) for users. This is a welcome innovation (already applied in Scandinavian countries) which underscores the role of “facilitator” often played by collective rights management organisations.

SUISA accompanied the entire legislative process. Not all these innovations are spectacular. But we believe that, globally, they will facilitate the performance of our mission in the service of rightholders.

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  1. Eva David says:

    Merci aux mandataires de Suisa dont le travail patient et tenace a permis d’aboutir à cette solution satisfaisante.

Leave a Reply

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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. Text by Vincent Salvadé

The revised copyright law has come into force

The updated Federal Copyright Act came into force on 1 April 2020. (Photo: Manu Leuenberger)

This concluded the efforts of ten years’ work. The revision was initiated in 2010 when State Concillor Geraldine Savary, who subsequently joined SUISA’s Board, filed a postulate titled “Does Switzerland need a law against unlawful downloading of music?”

How will the new law affect SUISA’s activity? The following points are noteworthy:

The law introduces new anti-piracy measures:
Under certain conditions, hosting platforms are henceforth obliged to durably prevent unlawful content from being remade available through the use of their services (stay down obligation, Article...read more

Collective management is a service for music creators and music users alike

Whether it’s background music in businesses or the new blanket license deal covering videos with music on the internet for small businesses: In both cases, a lot of music by a lot of rightsholders (composers, lyricists, music publishers) is used by a large number of companies. SUISA acts as a point of contact for these companies as well as for the beneficiaries, simplifying the authorisation for the use of works and processing the due copyright royalties. By Irène Philipp Ziebold, COO

Collective management is a service for music creators and music users alike

With offers such as the newly introduced annual flat rate for online use of music in web videos, SUISA is simplifying how copyright royalties are processed, for customers and beneficiaries alike. (Photo: one photo / Shutterstock.com)

Up to now, you had to obtain a licence from SUISA for the copyright in accordance with Tariff VN for every single video with music on the internet. With this, the copyright was settled, and additional action was also required with regard to neighbouring rights (related rights). The whole licensing process was therefore complex and sometimes difficult to understand.

Joint licence for copyright and neighbouring rights

Together with Audion GmbH, SUISA has now developed a simpler, attractive licensing model for small enterprises of up to 49 staff and up to CHF 9m turnover. Against payment of an annual fee of CHF 344.00 (excl. VAT), small enterprises and individuals can put videos with music onto their own website as well as publish them on their own social media channels. Thanks to the collaboration between SUISA and Audion GmbH, the annual blanket fee is covering the acquisition of both copyright and neighbouring rights.

Not included in the package are advertising videos, pure music videos, videos with a production budget of more than CHF 15,000 and videos with a total playing time of more than 10 minutes. In addition, synchronisation rights must continue to be obtained directly from the publishers or the authors.

Audion GmbH – a rights agency

Audion GmbH is an independent rights agency founded in 2015 by IFPI Switzerland (the industry umbrella association of music labels in Switzerland), which brokers licenses for marginal uses of music recordings between users and music labels.

It is characteristic of Audion’s field of activity that it restricts itself selectively to niches where smaller and non-commercial users in particular face the administrative challenge of obtaining the necessary licences from a large number of music labels. Audion thus meets a user requirement and offers the choice of acquiring the necessary rights either directly from the rightsholders or as a rights bundle from Audion.

The landscape of music labels has changed dramatically with the development of digital distribution and marketing opportunities. Booking agencies, for example, are increasingly taking over label functions. It is therefore partly unclear where the rights need to be obtained from. Audion can help here by acquiring the rights for the user from the various labels.

Joint collection: Background music and videos on websites

As of 1 January 2019, SUISA will once again be responsible for all customers for the Common Tariff 3a (CT 3a, background music). Prior to this, Billag AG had been issuing the invoice. These customers are companies that play background music on their premises, broadcast TV programmes, use music on hold and/or publish videos with music on their websites. Customers can therefore be the same when it comes to using the music in background entertainment and in videos on websites. In both cases, a lot of music by a lot of rightsholders music publishers is used by a large customer group.

This inevitably leads to the requirement that we simplify the licensing of both uses and, in particular, to offer them together. For this purpose, the existing web portal for CT 3a licences is to be adapted in such a way that customers can register both uses at the same time and thus easily license their respective uses.

Outlook: Large enterprises

The newly introduced annual flat rate for the online use of music in web videos applies to small businesses. An offer for large companies – i.e. companies that employ more than 49 people or generate more than CHF 9m in annual sales – is currently being prepared with the aim of offering these companies a simple and adequate solution. As soon as all necessary measures and decisions have been taken on this issue, we will inform you.

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  1. Liebe Frau Ziebold

    Ich bin einerseits Mitglied der SUISA und froh, dass diese meine Interessen als Urheber wahrnimmt. Andrerseits bin ich auch eine 1-Mann-Firma, allein in einem Büro. Alles, was ich über GT 3a lese, erscheint mir plausibel, trifft aber auf mein Unternehmen nicht zu. Ich hasse Hintergrundmusik, weil sie mich beim Arbeiten stört, und selbst wenn ich ein Radio während der Arbeit laufen liesse, wäre ich der einzige, der es hört. Von einer gewerblichen Nutzung, die ja wenigsten ein Ohrenpaar eines Mitarbeiters oder eines Kunden voraussetzt, bin ich also weit entfernt. Ich verfüge auch nicht über ein Geschäftsauto, das – wie ich mir von einer SUISA Mitarbeiterin habe sagen lassen – auch als Büroraum zählen würde. Sie meinte dann auch, dass ich wohl nicht zahlungspflichtig sei.

    Der zuständige Sachbearbeiter sieht das aber ganz anders und meint, ich müsse einfach zahlen. Er glaubt nicht, dass er das näher begründen müsste und weigert sich auch, mir die rechtlichen Grundlagen zuzustellen. Er bezeichnet aber die GT 3a-FAQs auf Ihrer Website als nicht verbindlich, die meiner Meinung nach deutlich machen, dass ich nicht unter die GT 3a Zahlungspflicht falle. Also, wenn ich einem Kunden eine Rechnung schicke, muss ich das immer begründen können. Ich habe nun eine Betreibungsandrohung ihres Inkasso-Büros im Haus, nachdem eine Rechnung und 1 Mahnung nicht beantwortet wurden, die gar nie bei mir eigetroffen sind. Aber das ist eine andere Geschichte.

    Meine Frage an Sie lautet nun: Hat ihr Mitarbeiter recht? Muss einfach jede Firma GT3a zahlen? Wenn ja, warum gibt man sich dann so Mühe mit der Spezifizierung der Fälle, wenn es gar keine Ausnahmen gibt? Gibt es für diese Null-Ausnahme-Regelung eine rechtliche Grundlage, die Sie mir anstelle Ihres Mitarbeiters zustellen können? Sind Ihre Mitarbeitenden angehalten, nach dem Versand 1 Rechnung und 1 (nicht eingeschriebenen) Mahnung Ihr Inkasso-Büro in Gang zu setzen mit entsprechenden Mehrgebühren? Warum erhalten nicht einfach alle Firmen eine Rechnung?

    Ihre Meinung dazu interessiert mich sehr.

    Mit freundlichen Grüssen

    M. Gabriel

    • Manu Leuenberger says:

      Lieber Herr Gabriel
      Wir danken Ihnen für Ihre konstruktive Rückmeldung. Ihr Anliegen ist uns wichtig und wir werden die spezifische Sachlage hinsichtlich Ihrer 1-Mann-Firma und der erfolgten Kommunikation inklusive der vorhandenen Informationen dazu intern betrachten. Gerne setzen wir uns mit Ihnen in Kürze noch persönlich in Verbindung, um weitere konkrete Falldetails von Ihnen zu erfahren und mit Ihnen zu besprechen.
      Bis dahin wünschen wir Ihnen alles Gute.
      Freundliche Grüsse, Manu Leuenberger / SUISA Kommunikation

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Whether it’s background music in businesses or the new blanket license deal covering videos with music on the internet for small businesses: In both cases, a lot of music by a lot of rightsholders (composers, lyricists, music publishers) is used by a large number of companies. SUISA acts as a point of contact for these companies as well as for the beneficiaries, simplifying the authorisation for the use of works and processing the due copyright royalties. By Irène Philipp Ziebold, COO

Collective management is a service for music creators and music users alike

With offers such as the newly introduced annual flat rate for online use of music in web videos, SUISA is simplifying how copyright royalties are processed, for customers and beneficiaries alike. (Photo: one photo / Shutterstock.com)

Up to now, you had to obtain a licence from SUISA for the copyright in accordance...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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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
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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