SUISA
The Swiss cooperative Authors and Publishers of Music ( SUISA ) represents the rights of the copyright of composers, lyricists and publishers of musical works. The name SUISA is the abbreviation of the French Suisse Auteurs.
1923 SUISA was founded as a cooperative. Meanwhile, over 30,000 composers, lyricists and music publishers of Switzerland and Liechtenstein are organized in SUISA. Through contracts with foreign partners SUISA in Switzerland represents around two million artists in the musical field.
Workspaces SUISA
SUISA represents the copyrights of its members and the members of partner organizations and ensures that they are properly compensated for the use of their works. Here, the SUISA cares only about the so-called " small rights " relating to, among other works of music in film and television, not theatrical music and concert versions of theatrical works. The rights of operas and musicals are performed by the partner organization Société Suisse des Auteurs ( SSA).
Each composer, lyricist and music publisher can become a member of SUISA. With a membership agreement, the organization will be entitled to license use of works and for that to impose a compensation on behalf of the author.
Managing copyright also includes the remuneration for private copying of music that has been conducted since 1993 on blank media. This included up to August 31, 2007 blank cassettes, CDs and DVDs. Already on 24 January 2006, a copyright fee on digital storage in MP3 players and hard disk recorders was announced, which was originally to appear on March 1, 2006. After lengthy delays caused by legal disputes, the Swiss Federal Supreme Court has upheld the application of the SUISA and finally approved the introduction of fees on the 1 September 2007. Rates are based on periodically collected usage data, determining it happens in negotiations with the industry associations ( SWICO and DUN). In the current rates deductions for copying non-protected music and other data are considered as well as a deduction for DRMS - protected works.
The administrative costs of the SUISA amounted to 11.95 percent of the fees in the blank media levy 10 percent will be deducted. SUISA subject to the supervision of the Institute of Intellectual Property (IPI).
Criticism of the SUISA
Generally
Since it assigns as SUISA member his copyrights to the SUISA SUISA fees must also be paid for the performance of his own works. So a paid organizer for the concert of a band SUISA fees, even if it plays only original compositions. These charges are then reimbursed after deduction of administrative expenses of the band.
In addition, one may as SUISA member his own work no longer offer free on the internet ( other than its own web presence ). If you want to use other platforms, the operator must obtain the license at the SUISA and pay the compensation. So it is for SUISA Members also no longer possible to publish compositions under the Creative Commons license.
From a consumer perspective
SUISA fees ( fixed levy ) are according to the prices GT4a - GT4D levied on storage media that can store and play back copyrighted works. For example, these are: CDs, DVDs and storage media such as hard disks or micro chips in audio and audio-visual recording devices. This is also true for media which are used solely for the private copying of photos and films. Using high-resolution digital still cameras and the advent of HDTV reception cameras in the private consumer market, the memory requirements for drives for caching, DVDs, and Blu -ray discs for playback of this exclusively private media data are greatly increased. The storage media affected by the charges represent a product that can be used for two different purposes. Whether storage of copyrighted works is done, is only after the purchase by the Purchaser determines ( dual use ). The flat-rate pass-through of SUISA fees on the media support is effected regardless of the final use. Because pre owed, they will also be collected if the acquired storage medium is used exclusively for the storage of non-copyrighted content. Therefore, these levies can vary depending on a given use a baseless compulsory levy dar. This particularly private photo and film data are duty charged extraordinarily due to their memory intensity. But this also applies to open-source software, company data and other private data. This often leads to resentment of consumers.
Fees on MP3 players
The on 1 September 2007 in Switzerland recently introduced copyright royalties on MP3 players and hard disk recorders gave SUISA much criticism, be it from the media, the SWICO or the Swiss Foundation for Consumer Protection.
The copyright fee has been criticized as questionable, since they constitute a multiple burden on consumers who already pay a copyright fee the legal purchase of music or films. Also apply to different technologies such as flash memory or hard drives very different rates. By coupling the amount of duty to the size of the memory and the rapid technological development led to exorbitant fees. With an adjustment of allowances for flash memory over 4GB SUISA responded on 14 April 2008 and thus reduced the compensation to certain devices by up to 75 percent. The consumer organizations welcomed this step, but require a review of all charges due to current numbers.
SUISA raises since 1993 compensation on blank media to compensate the owners for private copying of music. But while audio cassettes and CDs were actually passed on to a large extent with friends, or taken from the circle of friends, the copies on MP3 players are usually determined still for their own use. Thus one is paying not just the audio CD (or music download from the Internet), but also the privilege to listen to the music on the move. In addition, is not considered that a download from the Internet can be made directly to the MP3 player and thus the existence of a private copy would not be given. Since the new iPod touch also includes its own internet access and access to the online music service to such direct downloads are expected to establish a wide area. The collecting societies were of the opinion that the proportion of paid downloads from the Internet was provided it was eight. The Arbitration Commission prevailed, however, that due to the results of a GfS study had to be made to the proposed fees deductions. However, these deductions into account only the proportion of paid music downloads at the time of the study (2005) and not the assumed rapid development. The fees will also not taken into account that in recent years a considerable scene has developed in an independent internet labels that offer their publications under the Creative Common License and therefore can not be copied any number of times.
Many consumers see in the fee a revolution alleged losses in Switzerland by non- illegal downloads on all MP3 users, and therefore many honest buyers feel pushed in front of the head, as they now see themselves as part of a collective punishment.