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Strong together

22 June 2018: it’s that time of the year again. As a member of the Cooperative Society SUISA entitled to vote you will be able to decide on the future of your copyright society and to take stock with respect to the past business year at the General Assembly in the Bierhüebli in Bern. By Andreas Wegelin, CEO

Strong together

Voting at SUISA’s General Assembly: The umbrella of the co-operative joins the collective weight of authors’ and publishers’ votes. (Photo: Juerg Isler, isler-fotografie.ch)

Cooperative societies are usually alliances of persons or institutions who have the same or similar goals and interests. The idea behind such associations is as simple as it is effective: Together, we are strong! Economic, social or cultural issues that are presented in a unified manner often gain more momentum and impact than just the voice of an individual.

As your Cooperative Society for authors and publishers of music, we can support your interests. The main objective is to generate fair conditions and guarantee a fair remuneration for music creators. Collective management of rights has become an ever more significant aspect: These days, SUISA negotiates with some corporations which act globally. The market power of such negotiation partners may only be faced with the support and strength of a unified community.

Under such circumstances, it is even more positive that 2017 has been the best year in SUISA’s history from a financial perspective. An overall amount of CHF 131.4m in copyright remuneration can be paid out to rightsholders and sister societies. That is more than ever before.

SUISA annual results: online usage of music exceeds physical formats for first timeSUISA annual results: online usage of music exceeds physical formats for first time
Authors and publishers of music will receive CHF 131.4 million from SUISA this year. Last year the collecting society received CHF 150 million in copyright from domestic and international sources – CHF 2.9 million more than the previous year. In particular, reimbursements from private copying and the online sector contributed to this growth. For the first time, revenues from online music recordings exceeded those from sales of physical formats. But there is still a pressing need for action in the area of streaming. The internet platforms continue to benefit almost exclusively from this growth market, rather than composers, lyricists and publishers of music. Read more

During the coming GA, a revision of SUISA’s Articles of Association is planned for ratification. This has become necessary because a Directive at EU level has been passed with new provisions, especially regarding the transparency of our work. And this is something that affects SUISA, too: SUISA is responsible for Liechtenstein and operates for online usages on an European market level.

Exploitation rights in the EU and review of SUISA’s Articles of AssociationExploitation rights in the EU and review of SUISA’s Articles of Association
Liechtenstein has been – other than Switzerland – a member of the European Economic Area since 1995 and must, as such, accept a major proportion of the European Union legal provisions. What do EU exploitation rights have to do with the revision of the SUISA Articles of Association? Read more

During the GA, you are also going to have the oppoertunity to meet the President of Swissperform. She is going to report on the cooperation among the Swiss collective management organisations.

Why SUISA members should also consider joining SWISSPERFORMWhy SUISA members should also consider joining SWISSPERFORM
Composers and lyricists who are SUISA members and are also active as artists and/or producers and whose performances are broadcast by Swiss or foreign radio and TV channels are entitled to receive a remuneration from SWISSPERFORM. For all those authors-composers-artists/producers, a membership with SWISSPERFORM is thus a necessary addition to their SUISA affiliation in order to safeguard their rights and the full remuneration they are entitled to. Read more

FONDATION SUISA also has got some news on its support activities, and its foundation Director is going to elaborate on that. Finally, the ongoing copyright law revision is expected to be a topic for discussion, since hearings took place among the parliamentary committees last April and May.

New support strategy: “We want to look ahead”New support strategy: “We want to look ahead”
FONDATION SUISA reinforces its activities regarding the support of music in Switzerland and the Principality of Liechtenstein: Each year, four music projects shall be launched under the motto “Get Going!”, and every other year, a bigger amount shall be allocated to works under the slogan “Carte Blanche”. Read more
Copyright law revision: work starts in the parliamentary committeesCopyright law revision: work starts in the parliamentary committees
On 22 November 2017, the Federal Council presented its Message on the revision of the Federal Copyright Act (FCA), and referred the copyright bill (FCA-B) to the two houses of Parliament. The bill reflects the compromise reached by the AGUR12 II working group at the beginning of March 2017. Parliament has started working on the bill, and SUISA was invited to present its point of view on 12 April 2018 at a hearing organised by the Science, Education and Culture Committee of the National Council. SUISA also had the opportunity to state its views before the Legal Affairs Committee of the National Council, first in writing and then orally on 18 May 2018. Read more

All of these topics will be covered by our SUISAblog and SUISAinfo, one of which you are currently reading. Of course, you’ll find out more information and more details if you travel to the GA in Bern. I look forward to welcoming as many of you as possible in person then.

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SUISA General Assembly 2018: Your opinion counts!SUISA General Assembly 2018: Your opinion counts! SUISA’s ordinary General Assembly takes place on 22 June 2018 in the Bierhübeli in Bern. It will be opened with a music performance by the ad hoc formation Swiss Ländlermix in line with the theme; “Folk music – Switzerland crossways”. Important business items on the agenda are the review of the Articles of Association, the new Complaints Committee and an election of a substitute for the Distribution and Works Committee. Danièle Wüthrich-Meyer, President of Swissperform will attend as guest speaker. Read more
131.4m Swiss Francs for composers, lyricists and publishers131.4m Swiss Francs for composers, lyricists and publishers It was with satisfaction that members of the SUISA Board approved the results of the previous year during their meeting at the end of March 2017. The total turnover was 3.2% higher than that of the previous year. An overall amount of CHF 131.4m can be paid out to rights holders. The Board has, in addition, decided that a supplementary distribution of 7% shall be carried out on top of all regular distributions in 2018. Read more
Copyright Act Review: Authors and publishers must benefit more from the online exploitation of their worksCopyright Act Review: Authors and publishers must benefit more from the online exploitation of their works The Federal Council has adopted a dispatch on the new Copyright Act. SUISA is in principle content with the current version of the law. The solutions achieved in the working group for the Copyright Act (AGUR12 II) were implemented. In order for authors, performers, publishers and producers to benefit better from the digitisation, it is necessary to adopt important additions. Read more
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22 June 2018: it’s that time of the year again. As a member of the Cooperative Society SUISA entitled to vote you will be able to decide on the future of your copyright society and to take stock with respect to the past business year at the General Assembly in the Bierhüebli in Bern. By Andreas Wegelin, CEO

Strong together

Voting at SUISA’s General Assembly: The umbrella of the co-operative joins the collective weight of authors’ and publishers’ votes. (Photo: Juerg Isler, isler-fotografie.ch)

Cooperative societies are usually alliances of persons or institutions who have the same or similar goals and interests. The idea behind such associations is as simple as it is effective: Together, we are strong! Economic, social or cultural issues that are presented in a unified manner often gain more momentum and impact...read more

Why SUISA members should also consider joining SWISSPERFORM

Composers and lyricists who are SUISA members and are also active as artists and/or producers and whose performances are broadcast by Swiss or foreign radio and TV channels are entitled to receive a remuneration from SWISSPERFORM. For all those authors-composers-artists/producers, a membership with SWISSPERFORM is thus a necessary addition to their SUISA affiliation in order to safeguard their rights and the full remuneration they are entitled to. Text by David Johnson, SWISSPERFORM/SIG antenne romande, guest author

Why SUISA members should also consider joining SWISSPERFORM

It is recommended that SUISA authors such as Seven (pictured), who are also artists and whose performances are broadcast on radio and TV become SWISSPERFORM members. (Photo: Tabea Hüberli)

Are you a musician and do you contribute to recordings which are used commercially or in music videos? Do you perform your own musical compositions or those of other composers on the radio or on TV? Are you a performing producer in the case of recordings? Do you perform music which is used in films, commercials or as main themes of broadcasts?

In that case, you do hold neighbouring rights and are entitled to receive a remuneration for the transmission of your performances. In order to receive such remuneration, you must be a member of SWISSPERFORM.

Neighbouring rights

The reason neighbouring rights carry their name is that they are in close ‘vicinity’ to copyright. Neighbouring rights do not protect the work itself but the performance of the work.

Artists, whether they are musicians, singers or conductors can at the same time be composers, lyricists and/or arrangers of a work that they perform. The performance of their works is therefore protected independently of the work that they perform.

In cases where artists finance their own recordings, they are also economic producers and therefore hold two different types of neighbouring rights, whose owners are remunerated by SWISSPERFORM in separate distributions for the relevant usages and which require artists to enter into a second membership type (producer). The term of protection in a recorded performance is 50 years. For the calculation of the expiry of the term of protection, the date of the first publication is authoritative, provided that the recording has been published for the first time within 50 years. Should this not be the case, the recording date is authoritative as a calculation basis for the expiry of the term of protection.

SWISSPERFORM

Switzerland is the only country in the world that has a collective management organisation which unites all rightsholders in the neighbouring rights realm under one roof: apart from artists and producers from the music and film sectors, broadcasters are also rightsholders within SWISSPERFORM. Members can pursue various activities and therefore belong to several rightsholder categories, for example musicians whose recordings were produced by themselves, played by their band and broadcast on the radio.

SWISSPERFORM’s activities are similar to those of SUISA. Musicians and producers assign their rights to the society for management purposes. SWISSPERFORM then collects the licence fees from the users based on the statutory tariffs and pays them to the entitled parties on the basis of its distribution rules which have been ratified by the Swiss Federal Institute of Intellectual Property (supervisory authority).

SWISSPERFORM collaborates with SUISA when it comes to the collection of the licence fees. They are usually invoiced on the basis of the Common Tariffs which are set for each type of usage if exploitations affect the areas of activity of more than one collective management organisation and simultaneously affect copyright and neighbouring rights.

On behalf of SWISSPERFORM, SUISA collects, among other income streams, remuneration from private radio and TV stations as well as the levy on blank media and storage media integrated into hardware.

Ten percent of the entire tariff collections of SWISSPERFORM are allocated for the support of various autonomous legal entities with socio-cultural character. One part of these subsidies is used to co-finance the Swiss Artists’ Foundation, SIS, which supports professional musicians by providing them with means for concerts and tours in Switzerland and abroad.

Distribution of radio and TV usages

In the case of artists in the phono (audio) category, i.e. musicians, singers, conductors etc., whose performances were broadcast on the radio and on TV, a distinction is made between several distribution models.

SWISSPERFORM directly distributes the licence fees collected for the usage of commercially released sound recordings (sound recordings that are available in the marketplace) and from videoclips used on radio/TV. The income is allocated in proportion to the actual usage of the recordings. Main criteria for the distribution are the duration of the broadcast of a recording as well as the value of the roles of artists who contribute to a broadcast.

The following distributions are made on behalf of the Swiss Artists’ Cooperative Society, SIG, subject to a mandate from SWISSPERFORM. Licensing fees from the following areas are distributed:

  • the direct exploitation of performances and the usage from non-commercially released sound recordings (sound recordings that have not been commercially released or made available). This manual distribution is based on a declaration system and takes into account transmissions of concerts on the radio/TV, own productions of recordings by the radio/TV channels, musical performances in radio plays, commercials, jingles, ident tunes, theme tunes etc.;
  • the usage of music in films: This distribution is based on a declaration system at the same time as on an automatic system (depending on the broadcast on TV) and takes into account the music on sound tracks of films (score music), music from commercial sound recordings on sound tracks of films, music from non-commercial sound recordings (library music) on sound tracks of films, music from TV commercials as well as jingles etc.;
  • the usage of other audiovisual performances. This distribution is based on a declaration system and takes transmissions of concerts and artistic performances in TV shows into consideration, among others.

Please note: If you do not make a declaration to SWISSPERFORM and SIG that you have contributed to sound recordings or the transmission of your artistic performances, in order to receive your remuneration, the amounts that have not been claimed by you will expire after a limitation period of five years and will be re-distributed.

This is how you become a member of SWISSPERFORM

Membership with SWISSPERFORM is free. You can request your membership agreement online:
www.swissperform.ch/en/service/order-an-agreement.html

How do I declare my contribution to commercially available recordings?
www.swissperform.ch/uploads/media/Discography_01.xlsx
www.swissperform.ch/uploads/media/Explanations_on_the_discography_form_02.pdf

How do I declare direct performances, non-commercially released sound recordings, the usage of music in films and other audiovisual usages?
www.interpreten.ch/de/verteilung-ab-2017/info/

Further information:
www.swissperform.ch, SWISSPERFORM website
www.interpreten.ch, Schweizerische Interpretengenossenschaft SIG (Swiss Artists’ Cooperative Society) website

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Play abroad, communicate with SUISA at homePlay abroad, communicate with SUISA at home How do I get access to my copyright remuneration for my concerts abroad? What do I need to consider when registering works with SUISA if the co-author of my song is a member of a foreign collective management organisation? Important and frequently asked questions on international musical activities are answered in the following. Read more
The beats from others – but your own songsThe beats from others – but your own songs The melody is a catchy tune but the groove just doesn’t match. For days, you haven’t got rhythm while some ingenious lyrics are on the tip of your tongue. There are many reasons why creators use someone else’s raw material for their own songs. The following legal and practical tips on how to deal with bought-out beats help you keep in sync with formalities. Read more
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All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

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Composers and lyricists who are SUISA members and are also active as artists and/or producers and whose performances are broadcast by Swiss or foreign radio and TV channels are entitled to receive a remuneration from SWISSPERFORM. For all those authors-composers-artists/producers, a membership with SWISSPERFORM is thus a necessary addition to their SUISA affiliation in order to safeguard their rights and the full remuneration they are entitled to. Text by David Johnson, SWISSPERFORM/SIG antenne romande, guest author

Why SUISA members should also consider joining SWISSPERFORM

It is recommended that SUISA authors such as Seven (pictured), who are also artists and whose performances are broadcast on radio and TV become SWISSPERFORM members. (Photo: Tabea Hüberli)

Are you a musician and do you contribute to recordings which are used commercially or in music videos? Do you perform your own musical compositions or those of...read more