From the 2021 Annual Report: From law-making to implementation

The «Regulations» division is responsible for SUISA’s legal affairs. This starts with its involvement in political law-making activities, runs through tariff negotiations and drafting the distribution rules, and ends with the implementation of rules and regulations in case of disputes. In 2021, the division dealt with a number of key issues. 

1. Legislation

In last year’s Annual Report, we mentioned the initiative of National Councillor Philippe Nantermod demanding an exception to copyright law for protected works used in hotel rooms and similar facilities. This parliamentary initiative was revisiting a provision that the National Council and the Council of States had rejected in September 2019 as part of the revision of the Copyright Act. On 3 March 2021, the National Council accepted the parliamentary initiative. For us, that was inadmissible. There was no good reason to revise the Copyright Act after such a short time, especially since it was the fruit of a compromise. Cultural circles had made significant concessions to reach a solution. They would have been cheated if certain elements were to have been changed unilaterally. Moreover, the initiative was inconsistent with international law. As a result, either Switzerland would have been exposed to economic sanctions, or, to avoid violating international agreements, it would have had to apply the exception only to the works and performances of Swiss nationals. That would have blatantly discriminated against Swiss artists compared with those of other countries. Fortunately, the initiative was rejected by the Council of States in early March 2022, and the matter was definitively shelved.

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