Parliamentary initiatives
Motions
23.3807 Motion NC Min Li Marti
Adoption of EU regulation in the area of artificial intelligence
In her motion of 15.6.2023, National Councillor Min Li Marti instructs the Federal Council to become active in the area of artificial intelligence. Specifically, she is requesting that the government create a legal basis that is closely based on the regulations in the EU area.
Specifically, the main objectives and contents of the European AI Act should be adopted for Switzerland in order to create the greatest possible compatibility with European law. NR Marti justifies her motion with the rapid development of AI and its risks as well as opportunities.
Postulates
23.3201 Postulate NC Marcel Dobler
Legal situation of artificial intelligence. Clarify uncertainties, promote innovation!
In his motion of 16.03.2023, National Councillor Marcel Dobler refers to the rapid developments in the field of artificial intelligence (AI) and calls for an examination of the legal framework. In particular, he instructs the Federal Council to report on whether there are gaps in the legal situation and legal practice in the area of AI. Then it is to examine whether a strategy by a group of experts and possibly a concept on the need for legislative action must be drawn up.
On 26.4.2023, the Federal Council proposed that the postulate be rejected. In its statement, it shares the concerns of the motion. It has been closely following the developments, opportunities and risks in the area of artificial intelligence (AI) since 2018 and has already taken various measures and created structures as called for in the postulate. He referred to various measures that had been taken and was of the opinion that there was currently no need for action. The Federal Council will continue the analysis of developments in the area of AI and with regard to the European and international regulations relevant to Switzerland in various bodies (in particular IC EU Digital Policy, AI Guidelines Monitoring, Plateforme Tripartite and CNAI) and in cooperation with the lead federal agencies and will show by the end of 2024 which bases can serve for further discussions in parliament and the public.
The Federal Council proposes that the postulate be rejected.
19.3421 Postulate Commission for Science, Education and Culture, CS
Revision of the Copyright Act. Review of effectiveness
With its postulate of 29.04.2019, the WBK-SR requests the Federal Council to show the development in the areas affected by copyright in a report after the implementation of the revision of the Copyright Act. The purpose of the study is to examine the effectiveness of the revision, taking into account the development of the relevant law at European level. The report will focus on the situation of publishers and media professionals.
Comment by Swisscopyright:
Swisscopyright welcomes the postulate. It is important to assess the further development of copyright law - increasingly also cross-border with a view to the regulations abroad - and to make corrections if necessary. However, we are of the opinion that no reliable statements can be made about the effectiveness of the revised law so soon after its entry into force. The collecting societies are actively involved in the implementation of the new provisions, particularly in the area of extended protection for photographs or in connection with the remuneration claim for video on demand. In addition, the extent to which the new regulations to combat piracy on the internet will have an effect will probably only become clear after the relevant proceedings have been carried out. Initial findings on the effectiveness of the revision on the part of the collecting societies will not be available before 2021. Swisscopyright is therefore of the opinion that it is necessary to wait with the preparation of the report, i.e. the Federal Council should use the regular deadline of two years for compliance.
For the rights holders represented by Swisscopyright from all categories of works, it is also important that such a report, in addition to focusing on publishers and media creators, also illuminates the effectiveness of the law in the area of other uses, for example of music or film in the area of social media offerings.
The Federal Council requested the acceptance of the postulate on 29.5.2019.£
The Council of States adopted the postulate on 4.6.2019.
Interpellations
23.4249 Interpellation NC Stefan Müller-Altermatt
Eliminate discrimination against Swiss music creators on the streaming market
In his interpellation, NC Müller-Altermatt points out the lack of visibility of Swiss music among streaming providers, primarily Spotify. The lack of presence represents massive discrimination against Swiss music, with the consequence that Swiss musicians have little chance of gaining international recognition.
In this context, the Federal Council is asked whether it shares this assessment, what the consequences of this discrimination are, and what measures the Federal Council sees to remedy this shortcoming.
Completed initiatives
(Links mostly in German or French)
22.3675 Postulate NC Baptiste Hurni
Copyright in Switzerland or how to make contemporary art accessible to all
National Councillor Baptiste Hurni asks the Federal Council to answer questions on copyright and the calculation of royalties. In particular, he would like to know whether the royalties levied after the death of the author make it more difficult to take contemporary works into account? He also asks about the procedure for calculating copyright royalties, whether they are always fully justified and what additional measures, if any, can be taken to make it easier for organisers and the public to access contemporary Swiss works.
Hurni justifies his motion with the difficulties faced by organisers of events with contemporary works, and relates these problems to the remuneration paid to rights holders. He suggests reconsidering the duration of the term of protection, specifically to let it lapse with the death of the author, in order to simplify access to contemporary works.
In its response of 24.08.2022, the Federal Council explains basic elements of copyright and exploitation rights. For example, a limitation of copyright to the lifetime of the author would contradict international agreements, with the consequence that Switzerland would have to withdraw from the WTO in the event of such a limitation. The Federal Council goes on to explain the sense and procedure of voluntary collective management using the example of the SSA: authors hope that collective management will enable them to better protect their interests, which is legitimate given the existing freedom of contract. According to the Federal Council, there is no reason to intervene in the market. Finally, the Federal Council also sees no need for action to simplify access to contemporary stage works. Competition prevails in this area; moreover, it is already one of the core objectives of cultural promotion by the Confederation, cantons, cities and municipalities to ensure access to contemporary culture in particular.
The Federal Council proposed that the postulate be rejected.
The postulate was withdrawn on 4.5.2023.
21.4195 Motion NC Andrey Gerhard
Release of images of the Confederation on the portal for Open Government Data
In his motion of 30.09.2021, National Councillor Andrey Gerhard instructs the Federal Council to take measures so that images of the Confederation can be made more accessible to the general public. Photographs in the possession of the Confederation are to be digitised and made available to the general public free of charge. The same applies to photographs of federal employees taken during working hours.
The Council of States rejected the motion on 31.05.2023.
21.3061 Interpellation NC Baptiste Hurni
Music streaming and support for music creators. A bad mark for Switzerland
With his interpellation on the subject of streaming, National Councillor Baptiste Hurni wants to shed light on the question of payment for performers. Among other things, Hurni wants to know from the Federal Council how it assesses the problematic situation of many music creators, in view of the disproportionate distribution of funds by platforms such as Spotify or Apple Music. Hurni also asked the Federal Council whether it could imagine proposing the same regulations in the music sector that are provided for in the Film Act, and - if not - what justification it had for the different treatment.
Hurni justifies his proposal with the fact that the majority of the profits of the streaming platforms do not benefit those responsible for the content, but remain with the tech companies. According to National Councillor Hurni, an artist must generate one million streams to receive CHF 4,000. This low income would endanger artistic and cultural creation, and this trend must be counteracted.
On 12 May 2021, the Federal Council commented on the interpellation. It referred to activities and the promotion of the Confederation in the field of music, but at the same time explained that it could not pursue any non-coordinated measures in the international field. According to the Federal Council, there are no precise figures on the economic importance of Swiss music production measured in terms of music consumption on online platforms. Furthermore, the Federal Council explained the efforts in the film sector in favour of an investment obligation amounting to 4% of gross revenues for Swiss and foreign television broadcasters and online platforms, which are to be used for the promotion of Swiss films. In the music sector, however, other models should be examined, since the music platforms do not act as producers but as distributors.
Written off because the Council has not dealt with it conclusively within two years.
20.3685 - Postulate NC Cédric Wermuth
Clarify possibilities for the structural promotion of the Swiss music industry
19.482 Parliamentary initiative NC Fabio Regazzi
Excluding SMEs from media tax
In his motion of 19 September 2019, National Councillor Fabio Regazzi (Ticino / CVP) called for an amendment to Article 68 of the RTVA and - if necessary - to further acts. Specifically, the fees for radio and TV reception should only be paid by companies with 250 or more employees (full-time equivalents). Companies with fewer employees should be exempted from the levy.
On 17 February 2020, the competent Committee for Transport and Telecommunications of the National Council has acceded to the initiative.
On 15 March 2022, the National Council approved the initiative by 119 to 71.
The Committee for Transport and Telecommunications of the Council of States decided on 15 August 2022 not to approve the parliamentary initiative.
On 20 September 2022, the Council of States rejected the proposal by 27 votes to 14 with 4 abstentions. The matter is therefore closed.
19.3956 - Postulate Commission for Legal Affairs NC
Copyright remuneration: legal situation and practice of Suisa: facts on background entertainment
On 4 July 2019, the Committee for Legal Affairs of the National Council (RK-N) adopted a postulate: The Federal Council should examine and report on the legal situation and practice of SUISA regarding copyright remuneration for background entertainment according to the Common Tariff (GT) 3a. Here are some facts about the GT 3a and the statements in the postulate.
On 4 September 2019, the Federal Council commented on the postulate. It provided information on the legal background to the tariff system (in particular GT 3a) and the role of the collecting societies. Furthermore, the government pointed out that the Institute for Intellectual Property (IPI) had initiated an investigation into the efficiency and quality of remuneration collection by SUISA, the results of which are to be published.
On 13 January 2021, the IPI published the aforementioned report for the attention of the Federal Council. The following findings were noted:
The payment of royalties for background entertainment, for example for background music in bars or salesrooms, is in principle undisputed. However, difficulties arise from the demarcation between background entertainment that is subject to remuneration and private use that is not subject to remuneration. Private use may also be present in company premises, for example, if employees listen to the radio in their individual offices using radio receivers they brought with them. However, the situation could be different if employees in shared offices play background entertainment with their own devices or with the company computer. However, the copyright-relevant act is performed by the employees concerned and not by the company. According to the IPI, two questions remain unanswered when drawing this line:
1) Does the provision of a device by the company, for example a computer or a car radio, which also enables background entertainment, already constitute an act relevant under copyright law and thus subject to remuneration?
2) Does the company or the employees concerned have a remuneration obligation if the latter carry out background entertainment that is subject to remuneration? However, these open questions are not a consequence of the change of collection agency, but of the design of the tariff underlying the collection, which was already applied before the change of collection agency.
A final assessment of these two questions must be made by civil courts on the basis of specific cases.
What is the legal situation regarding Common Tariff 3a for background entertainment?
The use of works protected by copyright (music, film, text) in companies is subject to remuneration according to the Copyright Act. Receiving broadcasts of such content or showing such content within the company is not private use - even if only employees have access.
Contrary to the justification in the postulate, the tariff also applies to shops, restaurants or shopping centres.
Why is the collection done by SUISA?
SUISA has been collecting this tariff on behalf of the five Swiss collecting societies since 1 January 2019. Until the end of 2018, BILLAG had this mandate from the five collecting societies. The societies distribute the money collected to the artists who make the music and films. As cooperatives or as an association (SWISSPERFORM), the collecting societies represent the creators and hold their copyrights and neighbouring rights in trust.
How high are the royalties?
For an area of up to 1000 m2 , the remuneration for music is around CHF 230 and for film and music around CHF 480 per year per location. For this lump sum, the TV in the meeting room, the radio in the cloakroom, the music at the workplace, in the telephone queue or in the waiting room can all be used. If the company's area is larger, the amounts are correspondingly higher.
Why do companies also have to pay SUISA if they already receive a bill from Billag/Serafe?
The copyright remuneration obligation is not to be confused with a possible company levy according to the Radio and TV Act, which is collected by the Federal Tax Administration, FTA, (not by Billag or Serafe, as written in the postulate) for companies with more than CHF 500,000 annual turnover.
The copyright fees are collected by SUISA for the benefit of authors, producers of music, films etc. and distributed to the artists. Radio and TV royalties are paid in favour of the SRG and the licensed radio and TV stations and distributed to them.
For more information on copyright remuneration for background entertainment and GT 3a, please visit www.suisa.ch/3a and read the article "Invoicing licence fees for background music and TV reception in businesses as of 2019" on SUISAblog.
The Council of States rejected the parliamentary initiative on 20.09.2022.
19.3649 - Motion SC Géraldine Savary
Legal basis for a digitisation fund
Councillor of States Géraldine Savary submitted the motion on 18 June 2019. She instructs the Federal Council to create a legal basis for a digitisation fund that is financed with revenue from the 5G frequency allocation. Part of these funds is to be used for the digitisation of Swiss films.
On 28 August 2019, the Federal Council moved to reject the motion. It pointed out that digitisation affects all areas of responsibility of the Confederation and that financial resources have already been earmarked for this purpose. Furthermore, the Federal Council explained that the submitted Cultural Dispatch 2021-2024 (which has been in consultation since 29 May 2019) places an emphasis on the topic of digitisation. It is planned that around CHF 8 million will flow into the digitisation of the Swiss film heritage. The Federal Council is of the opinion that there is no need for a general fund for digitisation projects outside the Federal Administration. Moreover, a digitisation fund could not be financed from the proceeds of the 5G auction, as these proceeds are recorded as extraordinary revenue and are therefore not available to finance ordinary expenditure.
On 24 January 2020, the responsible Committee for Science, Education and Culture of the Council of States (WBK-S) proposed the rejection of the motion by 16 votes to 9.
18.405 - Parliamentary initiative NC Gregor Rutz
Deeds, not words. Remove the household fee for radio and television
18.4278 - Interpellation NC Anita Fetz
Are direct licensing agencies for concerts legal in Switzerland?
18.404 - Parliamentary initiative NC Natalie Rickli
Deeds, not words. Reduce household fee for radio and television to CHF 300
18.3070 – Motion SC Beat Vonlanthen
A sound and forward-looking media policy to support the diversity of Swiss media
17.3628 – Postulate Committee for Transport and Telecommunications NC
Review of the number of SRG stations
17.3627 – Motion of the Committee for Transport and Telecommunications NC
Shared-Content Model
17.3492 – Interpellation NC Kurt Fluri
Support for the organisations of cultural professionals 2017
17.3068 – Interpellation SC Didier Berberat
Foreign advertising window in Switzerland. What solutions for Switzerland as a media location?
17.3010 Motion, Federal Council Transport and Telecommunications Committee
Reduction of special interest radio channels
17.3009 – Motion Committee for Transport and Telecommunication NC
"Open Content" Model
16.493 - Parliamentary initiative, Federal Council, Philippe Nantermod
Copyright, No fee for use on private premises (hotels, holiday homes, hospitals and prisons)
16.3849 – Motion by National Council Martin Candinas
Exemption from licence fees for the dissemination of music for the portions due to mountain and peripheral regions, including Simulcasts
16.3119 Motion, Federal Council, Corrado Pardini
Open hardware, open software, open source, open data
16.1056 – Enquiry, Federal Council, Balthasar Glättli
Revision of the copyright law. Results of the consultation procedure and preparation of a draft law
15.4211 – Interpellation by National Council Beat Jans
URG. Round off modernisation with contractual freedom?
15.3876 – Interpellation by Council of States Hans Stöckli
Royalties for film authors and actors for video-on-demand usages
15.3849 – Postulate by National Council Hans Stöckli
Greater flexibility in collective copyright administration
15.3710 – Postulate by National Council Beat Flach
Storage media. Blank media levy transparency for consumers (text not available in English)
15.3397 – Postulate, Federal Council, Olivier Feller
Resale of event tickets at inflated prices. Sanctions
15.1096 – Question NR Viola Amherd
Calculation basis for SUISA fees
14.4150 – Postulate by Council of States Peter Bieri
Revision of Federal Copyright Law - Introduction of a lending right
14.3293 – Motion by the Committee for Economic Affairs and Taxation
Blank data storage devices
14.3204 – Interpellation by Council of States Felix Gutzwiller
Agur 12 consensus. Further action
13.404 – Parliamentary Initiative by National Council Christian Wasserfallen
End unfair levies on blank data storage devices
13.3561 – Interpellation by National Council Filippo Leutenegger
Transparency in the copyright royalty process
12.4202 - Interpellation by Council of States Hans Stöckli
Swisscom. Dealing with content protected by copyright
12.3902 – Interpellation by National Council Kurt Fluri
Switzerland as a hotbed of illegal services on the internet
12.3834 – Motion by National Council Oskar Freysinger
Protection of copyright
12.3092 – Interpellation by National Council Christoph Mörgeli
Collective copyright management
12.1015 – Enquiry by National Council Andrea Caroni
ACTA. Why is Switzerland reducing the power of multilateral institutions WIPO and WTO?
10.3612 – Motion by National Council Gerhard Pfister
Lower tariffs for schools and educational institutions. Amendments to copyright law
10.3263 – Postulate by Council of States, Géraldine Savary
Does Switzerland need a law against illegal music downloads?
09.1169 – Enquiry by National Council Ruedi Noser
SUISA record turnover for 2008.
09.522 – Parliamentary Initiativeby National Council Susanne Leutenegger Oberholzer
Excessive salary payments at collecting societies. Amendments to copyright law
