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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 -
6.10. ANNEXUREBenefits: (extract from http://www.swisscopyright.ch/en/cultural-and-social-affairs/support.html)In 2009, the collective rights management organisations allocated more than CHF17,7 million for cultural and social purposes. Thefollowing examples of subsidies and benefit payments by the collective rights management organisations illustrate the entire scope.Prolitteris: CHF1,6 millionIn 2009, the Cultural Fund decided to provide special support for the Solothurn Literary Festival and other cultural events inthe area of literature and visual arts.Its Social Foundation paid out almost CHF1,3 million for pensions and CHF240 000 in aid and support payments.16.4.11 SSA: CHF1.4 millionAmong other things, the cultural fund awarded four grants each of CHF25,000 for the preparation of feature film screenplays(cinema) during the Locarno Film Festival. It also paid CHF80 000 to the Teleproduction fund established by SUISSIMAGE,SWISSPERFORM and SSA.In 2009, the SSA Aid Fund (provident care foundation) was subsidised with a payment of almost CHF600 000 and thesolidarity funds provided urgently needed financial aid.16.4.12 SUISA: CHF6,4 millionIn 2009, the SUISA Foundation for Music (cultural foundation), which disburses more than CHF2 million a year, supportedthe celebrations to mark the centenary of film music in conjunction with the UFMC (Union of Film Music Composers).The Foundation for the Benefit of Authors and Publishers (provident care foundation) paid out pensions amounting to CHF3,4million to authors and disbursements amounting to CHF1 million to publishers’ provident care foundations.16.4.13 SUISSIMAGE: CHF4,3 millionAmong the projects supported by the cultural foundation in 2009 were 17 feature film productions and the development of 12treatments. It provided significant sums to support the Teleproduction fund and the FilmPlus foundation in Italian-speakingSwitzerland. Prizes were also awarded at festivals and other selective support measures rendered.In 2009, the solidarity foundation paid out CHF440 000 in the form of pensions and CHF360 000 to the provident careinstitutions for employees of production companies. Financial support to individual needy persons amounted to more thanCHF110 000.- 155 -
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TABLE OF CONTENTSLIST OF ABBREVIATI
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11.8 RECOMMENDATIONS ..............
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LIST OF TABLESTable 1: Cases of Non
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NORMOSPsPOSAPPLPPL (India)ProLitter
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These problems are addressed in the
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xxi.The report considers developmen
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1.3.8. Determine whether all money
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1.4.9. The CRC derived considerable
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2.3 SUBMISSION BY THE DEPARTMENT OF
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Aspects of Intellectual Property Ri
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(1) Subject to the provisions of th
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Copyright Tribunal or an arbitrator
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society, the South African Recordin
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3.2.14. With the liquidation of SAR
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the final rate or rates to be appli
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(a)that payment is to be made to th
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information as to their use to enab
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The WCT and WPPT oblige members to
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Once the handset technology changed
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4.3.16. In 2009, in what was coined
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4.4.6. In exchange for the above li
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operators are licensed by NORM to p
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5.2 FUNCTIONING OF COLLECTING SOCIE
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the grant of licences. Article 17 o
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6.1.3. The CRC’s assessment of th
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6.3.3. SAMPRA should be given one y
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Corporate Governance GapsKing II Re
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King IIIPrincipleKing IIIRequiremen
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King IIIPrincipleKing IIIRequiremen
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8 COLLECTION OF MUSIC ROYALTIES8.1
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8.1.4.2. Needletime royalties are n
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8.1.7.4. For the past five years, V
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PRS (UK)SPRE (FRANCE)SUISA(SWITZERL
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DetailsPerformance RightsSound Reco
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8.2.7 Comparative Study Performed b
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y a collecting society. A rights ho
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agency, its rights being derived fr
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Mr Robinson said DALRO assumed the
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10.1.6. The distribution to publish
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10.4.4. Most of the other collectin
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10.6.3.4. South African English-lis
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10.10 CONTRACTUAL RELATIONSHIPS BET
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10.12.2. The Regulations should rec
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licence that the licensee comply wi
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11.4.6. The details of ICASA’s ta
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RecommendationsTimelines for Recomm
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enterprises. There was a suggestion
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Copyright as it relates to copyrigh
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13.4 DEPARTMENT OF ARTS AND CULTURE
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Table 28: Comparative Study’s Key
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KEY ITEMS BRAZIL FRANCE INDIA NORWA
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KEY ITEMS BRAZIL FRANCE INDIA NORWA
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about 30%, which is the highest amo
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15.1.3. The Copyright Tribunal’s
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Page 112 and 113: for the selected artists. The outco
Page 114 and 115: King III Report by Institute of Dir
Page 116 and 117: Paranagua Pedro, “Strategies to I
Page 118 and 119: Copyright Amendment Act of 1984Copy
Page 120 and 121: APPENDIX 1(B): SUMMARY OF ORAL REPR
Page 122 and 123: Due to the fact that the existing c
Page 124 and 125: Mr BrottelProtection of copyright m
Page 126 and 127: 1.1.3. LIST OF ENTITIES VISITED AND
Page 128 and 129: In the 2009 Annual Report of ABRAMU
Page 130 and 131: The implementation of this law led
Page 132 and 133: ecordings. In respect of audio-visu
Page 134 and 135: In 1995, ECAD distributed 72% of it
Page 136 and 137: niches in the market to ensure fair
Page 138 and 139: Proprietary rights allow authors to
Page 140 and 141: International royalty distribution
Page 142 and 143: 3.2. Relevant LegislationsThe prese
Page 144 and 145: IPRS uses the standard tariffs in r
Page 146 and 147: Ad-hoc workshops on copyright are c
Page 148 and 149: meaningful living out of their crea
Page 150 and 151: 4.1.3. LICENSING AND LEGAL REGIMESI
Page 152 and 153: Ballet teachers; Teachers in the fi
Page 154 and 155: It was founded in 1928 by the Norwe
Page 156 and 157: 6.2. STRUCTURE OF COLLECTING SOCIET
Page 158 and 159: 6.5. COLLECTION OF MUSIC ROYALTIEST
Page 162 and 163: 16.4.14 SWISSPERFORM: CHF4 millionI
Page 164 and 165: Cross-border licensing of digital r
Page 166 and 167: algorithm could be used to determin
Page 168 and 169: Collecting societies in the UK all
Page 170 and 171: APPENDIX 3: RECOMMENDATIONS BY MITT
Page 172 and 173: 1.PREAMBLEThe Music Industry Task T
Page 174 and 175: The environment in which the music
Page 176 and 177: 3.1.3 IMPLEMENTATION AND ACCESSION
Page 178 and 179: In this regard, the Minister should
Page 180 and 181: 3.5.6 OMBUDSMANThe music industry s
Page 182 and 183: RECOMMENDATION 23:The MITT recommen
Page 184 and 185: The MITT further recommends that DA
Page 186 and 187: APPENDIX 4A: EXTRACTS FROM COPYRIGH
Page 188 and 189: (f)(g)doing, in relation to an adap
Page 190 and 191: (i)requiring notice of any intended
Page 192 and 193: (b)any organization claiming to be
Page 194 and 195: PERFORMERS’ PROTECTION ACTNO. 11
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Page 206 and 207: ANNEXURE 5: COPY OF SARRAL’S CONT
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ANNEXURE 6: SARRAL’S AUDIT REPORT
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TERMS OF REFERENCESNO’SREQUIREMEN
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