Copyright Review Commission Report - ICT Law and Regulation ...

1957, when the Managing Director of PRS (UK), and CISAC introduced a provision in the standard reciprocity contractsallowing 10% of the income to be allotted to cultural and social projects. The need for provident funds and social care werefirst addressed and, thereafter, the focus shifted to the local music industry.Copyright owners are largely responsible for the promotion of culture in Switzerland. Swiss music export, Music Charta andPro Helvetia, to mention just a few, are all non-governmental initiatives to enhance the local cultural industries (refer to‘Benefits’ in the annexure to this document for an exposition of the contribution made by the collecting societies).The government has also launched various initiatives to boost local culture: SUISA Foundation of Music.http://www.bak.admin.ch/themen/kulturfoerderung/00456/index.html?lang=dehttp://www.bak.admin.ch/themen/kulturfoerderung/00482/00485/index.html?lang=dehttp://www.bak.admin.ch/themen/kulturfoerderung/00486/01382/index.html?lang=de#sprungmarke0_12http://www.bak.admin.ch/themen/kulturfoerderung/00497/index.html?lang=de6.8. CORPORATE GOVERNANCEThe Swiss Federal Institute of Intellectual Property is the controlling authority of SUISA. It controls the administration of thecollecting societies and examines and approves the annual report. It also has the power to issue directives concerning theobligation to provide information (see Article 50 and https://www.ipi.ch/en/copyright/collective-rights-management.html).The Copyright Act also specifically provides that collecting societies may not aim to make a profit.SUISA has reported that its management Board of Directors consists of 15 directors, comprised of five publishers, eightauthors and two external members (of which one must be a law professor or a representative of the Swiss Parliament).SUISA has sub-committees, e.g. committees for finance; public relations; tariffs and distribution.SWISSIMAGE subscribes to the ‘four eyes principle’ – anything of importance is always checked by someone else. Its boardconsists of 11 directors, comprised of five authors and scriptwriters and five distributors or right holders. The chairperson isusually a lawyer or a former Member of Parliament.In 2009, the collective rights management organisations allocated more than CHF17,7 million for cultural and socialpurposes.6.9. CONCLUSIONIt would seem that Swiss authors’ rights are managed well by the collecting societies. SUISA’s members’ content is evidentfrom the number of complaints it handles annually. SUISA representatives reported that they only receive about fourcomplaints from its members in a year. The representative from SWISSIMAGE noted that she annually receives from none toone complaint. Lastly, both societies receive lots of compliments from their members.- 154 -