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“Get Going!” goes into the fourth round

Since 2018, “Get Going!” has been a regular feature of the support portfolio of the FONDATION SUISA. Now the kick-off financing programme which promotes innovative creative approaches outside the usual “pigeonholes”, enters its fourth round. Text by FONDATION SUISA

Fondation Suisa: “Get Going!” goes into the fourth round

Last year’s recipients of “Get Going!” (Clockwise from the top left) Isandro Ojeda-García, OY, Réka Csiszér, Pirmin Huber. (Photos: Caio Licínio; Sash Seurat Samson; Romina Kalsi; Gian Marco Castelberg)

When invitations to tender for “Get Going!” were launched for the first time, in 2018, it was “a shot in the dark”, says Urs Schnell, Director of the FONDATION SUISA. Back then, the idea was to look ahead. “Instead of patting an artist on the back after the fact by awarding them a prize, we now invest the money available to us into the future instead.”

So far, four “Get Going!” contributions of CHF 25,000 each have been allocated three times. The unabated interest in this promotion process underlines the changing conditions that music creators find themselves in with respect to many issues. Since the kick-off financing is not linked to a result, it allows musicians to work free from financial and time-related pressures. “On the one hand, the environment over the last years has become more hectic, on the other hand, the pandemic has left many in a void. You can look at it from any which angle, the time factor has become a commodity that should not be underestimated”, explains Schnell.

Applications for “Get Going!” contributions until 30 August 2021

“Get Going!” is aimed at innovative and creative projects that are in danger of falling through the cracks in any conventional application system. FONDATION SUISA intends to move towards artists with “Get Going!”, says Schnell, and adds: “We want to move free creative thinking back into the centre of interest.”

From now on, creators, authors and musicians who can prove a clear relation to current music creation in Switzerland or Liechtenstein, can apply again for “Get Going!”. Four of those kick-off financing packages of CHF 25,000 each will be granted by an expert jury again this year. The deadline to submit applications is 30 August 2021.

In order to show what “Get Going!” actually offers in terms of opportunities, we are going to publish portraits of the recipients of last year’s “Get Going!” contributions on the FONDATION SUISA website and the SUISAblog over the next few weeks.

“Get Going!” on the website of FONDATION SUISA

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Since 2018, “Get Going!” has been a regular feature of the support portfolio of the FONDATION SUISA. Now the kick-off financing programme which promotes innovative creative approaches outside the usual “pigeonholes”, enters its fourth round. Text by FONDATION SUISA

Fondation Suisa: “Get Going!” goes into the fourth round

Last year’s recipients of “Get Going!” (Clockwise from the top left) Isandro Ojeda-García, OY, Réka Csiszér, Pirmin Huber. (Photos: Caio Licínio; Sash Seurat Samson; Romina Kalsi; Gian Marco Castelberg)

When invitations to tender for “Get Going!” were launched for the first time, in 2018, it was “a shot in the dark”, says Urs Schnell, Director of the FONDATION SUISA. Back then, the idea was to look ahead. “Instead of patting an artist on the back after the fact by awarding them a prize, we now invest the money available to us into the future...read more

Are royalties subject to social security (AHV/AVS) contributions?

Do royalties qualify as earnings from self-employment? Swiss AHV/AVS compensation offices follow different practices. Text by Michelle Moser

Are royalties subject to social security (AHV/AVS) contributions?

Saving for retirement: Swiss compensation offices do not agree on whether or not royalties are subject to social security contributions. (Photo: Nattapol Sritongcom / Shutterstock.com)

Musicians often earn their living from several different sources: fees from concerts, a teacher’s salary from the music school, fees for commissioned works, or remuneration collected by SUISA on their behalf.

The different cantonal compensation offices have no uniform position on whether the remuneration distributed by SUISA qualifies as income from gainful self-employment – which would be subject to AHV/AVS contributions.

AHV/AVS – mandatory insurance for all

All Swiss residents and persons gainfully employed in Switzerland are subject to mandatory retirement, disability, and survivors’ insurance. And all those insured (except children) are accordingly required to pay social security (AHV/AVS) contributions. The contributions are normally assessed on the income earned from gainful employment.

For persons who are gainfully self-employed, contributions are assessed on the income earned from one’s own entrepreneurial, commercial, or business activities.

In principle, the following guidelines apply: AHV/AVS contributions must be paid on the earnings declared in one’s tax return. This is not the case for income from capital investments or real property, for example, which is taxable income but is not subject to AHV/AVS contributions.

Royalties: income from employment or from capital investment?

For SVA Zurich, the social security institution, royalties basically qualify as income from self-employment and should be declared accordingly. As a result, authors must register as self-employeds.

SVA Zurich does, however, make a distinction between authors who actively exploit their works and authors who do not. Authors who actively exploit their works after creating them (e.g. as a member of a band playing its own compositions) qualify as gainfully employed. This includes collective administration by SUISA. The earnings from such gainful employment are subject to AHV/AVS contributions.

The subsequent royalties received by authors who do not actively exploit their works after creating them, on the other hand, qualify as income from capital investments, and are not subject to AHV/AVS contributions.

In summary, for SVA Zurich what is decisive is whether an author participates in the performance of the works or merely “reaps” the proceeds from his earlier compositions.

Different practice from one canton to the other

Whether AHV/AVS contributions are payable on remuneration distributed by the collecting societies is decided differently by the compensation offices depending on who is asking, and the amount involved.

Unlike SVA Zurich, the compensation office of the canton of Vaud, for example, holds that remuneration for the creation of works is by definition subject to AHV/AVS contributions, while the remuneration from subsequent uses distributed by the collecting societies qualifies as capital gains and is not subject to social security contributions. It follows, therefore, that none of the remuneration distributed by the collecting societies is subject to AHV/AVS contributions.

In the final analysis, the decision on these social insurance issues does not lie with the collecting societies but with the compensation offices. For this reason, the Swiss collecting societies advise their members to contact the competent compensation office to establish what exactly their AHV/AVS contribution obligations are.

The different practices of cantonal compensation offices with regard to social security contributory obligations on royalties offers no legal certainty and is unsatisfactory. The Swiss collecting societies will follow this issue closely and keep their members informed of any changes.

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  1. Ich bin erstaunt bezüglich unterschiedlicher Handhabung von Ausgleichskassen von Urheberrechten/-entschädigungen. Jede AHV-Ausgleichskasse hat die gesetzlichen Grundlagen anzuwenden und wenn etwas unklar ist, ist dies durch das BSV klarzustellen. Der unterschiedlichen Handhabung wären u.a. auch Autoren (mit oder ohne Vorlesung) ausgesetzt. Dies meine Ansicht als Eidg. Dipl. Sozialversicherungsexperte.

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Do royalties qualify as earnings from self-employment? Swiss AHV/AVS compensation offices follow different practices. Text by Michelle Moser

Are royalties subject to social security (AHV/AVS) contributions?

Saving for retirement: Swiss compensation offices do not agree on whether or not royalties are subject to social security contributions. (Photo: Nattapol Sritongcom / Shutterstock.com)

Musicians often earn their living from several different sources: fees from concerts, a teacher’s salary from the music school, fees for commissioned works, or remuneration collected by SUISA on their behalf.

The different cantonal compensation offices have no uniform position on whether the remuneration distributed by SUISA qualifies as income from gainful self-employment – which would be subject to AHV/AVS contributions.

AHV/AVS – mandatory insurance for all

All Swiss residents and persons gainfully employed in Switzerland are subject to mandatory retirement, disability, and survivors’ insurance. And all those insured (except children) are accordingly...read more

Legal consequences of concert cancellations for Covid-19

Regrettably, owing to the coronavirus, some musical events have had to be cancelled. What are the consequences of such cancellations for the artists and organisers concerned? Is the artist still entitled to the contractual fee? Text by Céline Troillet

Legal consequences of concert cancellations for Covid-19

Empty stages and concert halls: what is the legal situation regarding events cancelled because of Covid-19 restrictions? (Photo: Disq)

The coronavirus is a source of discomfort and uncertainty for us all. We must adapt as well as we can to these unprecedented circumstances since they are, for the time being at least, beyond our control. There are no clear answers to the health and economic issues that this crisis has raised, and there is great legal uncertainty. There are many outstanding questions.

Do you have a contract?

If you have a contract (or electronic exchange), see if it regulates the cancellation of the concert on grounds of force majeure or pandemic, and what effect such a cancellation has on fees. Albeit possible, this is seldom the case. Unfortunately, when a contract does provide for such cancellation, the parties usually agree that fees are not due in that event. Contracts rarely provide for a reduction in costs or the repayment of expenses already sustained.

A. Absence of a contract

If there is no written agreement, what legal provisions are applicable? To find out, you must proceed step by step:

1. Consider what type of contract under the Swiss Code of Obligations (CO) might be binding on you: Swiss law, unfortunately, does not prescribe how an artist’s engagement contract is to be legally classified, and there is no precedent or case law in this regard. Therefore, there are several possible interpretations. Moreover, each case must be considered individually and you should seek legal advice in this regard.

The possible types of contract used for artists are: the contract for works and services (Article 363 et seq. CO), the employment contract (Article 319 et seq. CO), or the agency contract (Article 394 et seq. CO). The conditions of the individual contract types, and the differences between them, are described in section B below.

2. Once it is established what type of contract you are bound by, check the following explanatory notes on the types of contract (also see section B) to what extent compensation might be possible.

3. If the contract does not match any of the contract types provided for in the Code of Obligations, reference must be made to a general provision of contract law dealing with the consequences of non-performance of an obligation., i.e. Article 119 CO.

⇒ Principle and conditions of Article 119 CO:

This article stipulates that if, after a contract is concluded, circumstances intervene which make it impossible for one of the parties to perform its obligations (for reasons not attributable to that party), then the party is no longer bound by its contractual obligations. The law considers “subsequent” impossibility (i.e. after the contract is concluded), which presupposes the realisation of the three following conditions:

• the obligor (the party liable for performance of an obligation) is no longer able to perform (objective impossibility);
• the impossibility must arise from circumstances after the conclusion of the contract. Chance occurrences (beyond the control of a party) are a good example;
• the impossibility is not attributable to the obligor (it is not his fault if performance is made impossible).

⇒ Objective impossibility not attributable to the obligor:

It is for the court to determine whether the obligation is impossible to perform for reasons not attributable to the obligor.

When public order or internal security is threatened, as in the case of a pandemic, the Federal Council, for Switzerland, is obligated under the Federal Constitution to issue ordinances and take emergency decisions (Article 185 of the Federal Constitution). Within the framework of its discretionary power, the court is required to take into account the rules and decisions issued by the federal authorities. It follows that, in the case of concert cancellations proceeding from official decisions, the existence of an objective impossibility not attributable to the obligor would probably be recognised.

⇒ Legal consequences for the parties:

An impossibility within the meaning of Article 119 CO releases the obligor (the party who has to perform an obligation) from its obligation as well as the creditor (the party for which the obligor is required to perform) (Article 119(2) CO).

In other words, when a contract is concluded (between an artist and a concert organiser), the parties (the artist and the organiser) are both released from their obligations (the artist is no longer required to perform on stage; the organiser is no longer required to pay the artist a fee) if, through no fault of the artist’s (i.e. because of Covid-19 and not for a reason attributable to the artist), the person who was supposed to act (the artist) is prevented from fulfilling his obligation (to perform on stage).

B. The individual types of contract under the Swiss Code of Obligations

The contract for works and services (Article 363 et seq. CO):

Generally, the performances of an artist or group of artists fall within the scope of the contract for works and services (the artist delivers a single performance, based on a pre-defined programme, which is equated with a work).

Here, the case of force majeure is governed by Article 378 CO. This article provides that, where completion of a work is rendered impossible by a chance occurrence affecting the principal, the contractor is entitled to payment for the work already done and to reimbursement of any expenses incurred that were not included in the price.

If a concert is formally cancelled for coronavirus-related reasons, the impossibility for the principal (the organiser of the concert) to perform the contract should be recognised insofar as the principal is unable to stage the artist’s concert through no fault of his own. As a result, Article 378 CO would apply, and the artist would be entitled to remuneration for any work already performed (e.g. rehearsals) and his expenses.

The employment contract (Article 319et seq. CO):

Under certain circumstances, the artist’s contract can be deemed an employment contract (a subordinate relationship between the artist and the organiser, where the artist’s obligation to play music is determined by the employer’s needs rather than by his own as an artist).

Article 324 CO regulates the employee’s salary if he is prevented from working. Whether or not this provision applies to cases of force majeure, i.e. the cancellation of a concert by reason of coronavirus-related measures, is disputed. Most would answer in the affirmative, which would mean that the artist would be entitled to continued pay.

Agency contract (Article 394 et seq. CO):

If the artist’s contract falls neither under the contract of works and services nor under the employment contract, it will generally be classified as an agency contract (the artist seen as an agent performing a service for the organiser).

The agency contract does not provide for cases of force majeure. As a result, if a concert is cancelled for coronavirus-related reasons, Article 119 CO would probably apply and, accordingly, no remuneration would be payable. A reservation should be made in the event of untimely cancellation (e.g. immediately before the scheduled performance). In that case, compensation (but not the fee) could be granted to the artist for the loss sustained (Article 404 CO).

C. Conclusion

It is important to address the possible cancellation of the concert and the consequences on your legal relationship in the artist’s contract. If these points are regulated and the circumstance occurs, the artist and the organiser know what they can expect and claim from each other and can thus avoid financial and other damages.

In absence of a written contract, or if the contract does not regulate this point, the situation is likely to be more difficult. Since the legal nature of the artist’s contract is not clear, the relationship between the organiser and the artist will have to be interpreted to determine which of the three contract categories it is subject to (contract for works and services, employment contract or agency contract). The legal consequences will vary depending on the applicable rules. Payment of the artist’s fee will be justified in some cases, and not in others.

As you can see, there is no clear-cut answer determining the legal consequences of concert cancellations due to coronavirus. The circumstances must be appraised case by case. In absence of a contract, the ideal solution would be for the parties to agree a compromise. A postponement of the service or the total or partial reimbursement of your expenses could be possible solutions.

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Regrettably, owing to the coronavirus, some musical events have had to be cancelled. What are the consequences of such cancellations for the artists and organisers concerned? Is the artist still entitled to the contractual fee? Text by Céline Troillet

Legal consequences of concert cancellations for Covid-19

Empty stages and concert halls: what is the legal situation regarding events cancelled because of Covid-19 restrictions? (Photo: Disq)

The coronavirus is a source of discomfort and uncertainty for us all. We must adapt as well as we can to these unprecedented circumstances since they are, for the time being at least, beyond our control. There are no clear answers to the health and economic issues that this crisis has raised, and there is great legal uncertainty. There are many outstanding questions.

Do you have a contract?

If you have a contract (or electronic exchange), see...read more

Jessiquoi: having the freedom to reinvent yourself

Searching for her personal identity is the force that drives her creativity. It has enabled Jessica Plattner, alias Jessiquoi, to create a complete audiovisual work of art. The 31-year-old Bern resident says that she is brim full of ideas. Thanks to the Get Going! grant, there is no longer anything standing in the way of her goals. Text by guest author Rudolf Amstutz

Jessiquoi: having the freedom to reinvent yourself

Jessiquoi (Photo: Manuel Lopez)

“Once I am a grown-up, I would like to have a grand piano on stage,” says Jessica Plattner, laughing at her own turn of phrase. Needless to say, at 31 years of age, she has already been a grown-up for some time, but her statement also indicates that she sees herself as an artist on a path to further development that has not yet reached its end. And this is in spite of being one of Switzerland’s most impressive acts with her alter ego Jessiquoi. She composes and produces herself. She is responsible for the visuals, continually creating fantastic worlds, in which Jessiquoi reinvents, redefines herself with the aid of electro-sound environments that are sometimes aggressive, sometimes gentle.

“For me, identity is something that is fluid,” comments Jessica, quoting well-known drag queen, RuPaul: “You’re born naked. The rest is drag.” Then adding: “I believe that every person has the freedom to reinvent themself. Also, no justification is necessary if someone steers their life in a completely new direction. It is like in a video game, where each and every player can specify their own avatar.”

The quest for an identity is the creative driving force: in Jessica’s case, this has its roots in her extraordinary life-history. She was born in Bern. Shortly afterwards, her family emigrated to Australia. When she was a teenager, her father was offered a job at the Bern Conservatory, so the family moved back to Switzerland. This steered her still young career down other paths. Jessica had wanted to be a professional dancer and trained accordingly in Sydney. In addition, the Plattners spoke exclusively English at home. “If I had wanted to pursue my career as a dancer, I would have had to go to Rotterdam or Berlin. But I wanted to be with my family,” she says. “At the beginning, I felt like I was a foreigner in Bern and like I was being excluded. It was only when I started to speak the Bernese dialect that everything was suddenly OK.” The language came to her easily, her German teacher even giving her the nickname “tape recorder”, “because I could play back everything so perfectly,” she laughs.

Alternative existence

The search for her identity in this strange homeland then led her to music – with dance falling by the wayside. “We always had a piano at home, but I never touched it in the beginning. I’d had lessons for a short time, but I hated them. Then I suddenly started writing songs of my own every day,” is the way she describes her musical beginnings.

But if the loss of her familiar environment was not bad enough, seven years ago Jessica suffered the most painful stroke of fate that anyone could possibly imagine. Her brother, who was two years younger than her, died. “We shared everything and were often even mistaken for twins,” she says before explaining how her brother inspired her interest in the world of video games and film soundtracks.

And it was precisely in these worlds where you can reinvent yourself that Jessica found her new home as Jessiquoi. “You could say that Jessiquoi is a fictional character, but in truth she is actually a different version of me,” she says and adds: “This character can also scare you, because Jessiquoi does not inhabit our fixed system of clear gender roles and national identities.”

On her albums, she now tells us about these strange worlds, in which the valleys are contaminated, so people flee to the mountain tops, and where pilots are able to fly in the direction of a better existence. On stage, she brings about this alternative existence all by herself. She has electronic instruments and a command centre for the visual effects on a wooden cart and dances, playing the part of Jessiquoi as absolute ruler of the stage, which is a place of self-determination and constant repositioning. Jessiquoi creates a complete artwork that is impressive thanks to its uncompromisingness, and with which she has also already drummed up enthusiasm in Seville and New York.

The wooden cart – or “trolley” as she calls it – is like a Chinese harp, which she plays live, and is reminiscent of Chinese culture, for which she possesses great affinity. “In the language school, one of my Chinese friends got me interested in her culture. And once when I was in China – it was three o’clock in the morning in Shanghai – I wanted something to eat and there was this old lady with a wooden cart on which she was cooking food. This old cart in the middle of this great metropolis: that’s an image I will never forget. I wanted to be this woman,” she explains, chuckling.

Craft new songs

Self-determination with no ifs or buts, as well as the freedom to keep her own identity in a fluid state are things that Jessica sees as being essential for her art. “For me, the main job of an artist is to dream about the future of our civilisation anew or to make it visible, because this is what absorbs, analyses, criticises and reformulates the world and the people around them.”

Thanks to the Get Going! grant, nothing stands in the way of this exciting development. “I have had to finance myself by playing concerts, which meant I had less time to craft new songs. I now have my annual budget available at a stroke,” she beams. Where this journey ultimately leads her is totally open: “I don’t know what music I will be making tomorrow. It comes easily to me. But I will never let reasons of market strategy stipulate what my music must sound like. I am working on my identity. Me. Just me, nobody but me.”

www.jessiquoi.com

FONDATION SUISA started awarding new grants in 2018. Under the heading of “Get Going!”, creative and artistic processes that do not fall within established categories are given a financial jump-start. Each year, our Portrait Series profiles recipients of Get Going! funding. The invitation to apply for 2020 expires at the end of August.

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Searching for her personal identity is the force that drives her creativity. It has enabled Jessica Plattner, alias Jessiquoi, to create a complete audiovisual work of art. The 31-year-old Bern resident says that she is brim full of ideas. Thanks to the Get Going! grant, there is no longer anything standing in the way of her goals. Text by guest author Rudolf Amstutz

Jessiquoi: having the freedom to reinvent yourself

Jessiquoi (Photo: Manuel Lopez)

“Once I am a grown-up, I would like to have a grand piano on stage,” says Jessica Plattner, laughing at her own turn of phrase. Needless to say, at 31 years of age, she has already been a grown-up for some time, but her statement also indicates that she sees herself as an artist on a path to further development that has not yet reached its...read more

Anna Gosteli: “I never know where things will take meˮ

Despite her outstanding training and commercial successes in a number of bands, Anna Gosteli hid her light under a bushel far too often.The 35-year-old resident of Solothurn is now stepping into the limelight and has found her too long-awaited musical identity, thanks to all of her many experiences. The 2019 Get Going! grant gave her the necessary financial independence. Text by guest author Rudolf Amstutz

Anna Gosteli: “I never know where things will take meˮ

Anna Gosteli (Photo: Manuel Vescoli)

Parts of a puzzle like mosaic pieces – before they are put together, they shimmer in all the colours under the sun, but: the full picture is just not there. The correct arrangement, the right sequence of events which gives the finished picture its identity, is missing. “Jack of all trades and master of noneˮ is the way Anna Gosteli describes the state of affairs in which she found herself for years. And this is despite how these individual parts of the puzzle can be seen or heard: piano lessons at the age of 7, then the clarinet, followed by the school choir. At home in the Vorarlberg region of Austria, her mother played the guitar and her father the saxophone. “Even as a child I came into contact with all sorts of musical genres, with golden oldies and pop songs, and in our house there were always instruments available to play.ˮ

At the age of 14, she moved to Switzerland. Yet another piece of the puzzle, followed by more new pieces at regular intervals. When she was 21, she joined the Basel-based art-pop collective, The Bianca Story. Nothing seemed to stand in the way of a stellar career. Appearances at the Deutsche Oper Berlin, recording at Abbey Road Studios in London, however: “In the beginning I was the timid one in the band,ˮ the 35-year-old comments today, quickly adding: “This was entirely something I felt myself, and had nothing to do with the guys in the band, who always treated me as an equal.ˮ In spite of Gosteliʼs international success, this extremely talented singer was always the second voice. Combined with her reserved nature, she was left with the feeling that there could be more to her than meets the eye.

Her liberation began when she attended the Jazz School in Basel. Composition with Hans Feigenwinter, singing with Lisette Spinnler and harmony lessons with Lester Menezes. She is able to laugh about it today, but “at that time I was moved to tears when an irritated Lester once again pointed out to me that what I was doing was boring. My singing tended to be ʼtoo sweetʻ.ˮ Ultimately, this love-hate relationship turned out to be an important driving force in her breaking out of fixed roles and listening to her inner voice. Slowly but surely, the parts of the puzzle that had been collected over the years seemed to be fitting together. A feeling of certainty grew that a bigger, more coherent picture was possibly hidden inside her.

Along with Fabian Chiquet of The Bianca Story, she founded Chiqanne. Working together, they created great pop songs with depth. “Suddenly, I was writing lyrics in German and standing at the very front of the stage.ˮ But the decisive step in completing the puzzle only appeared as a result of the album, “Dr Schnuu und sini Tierliˮ, with a collection of songs for children, and most importantly, for their parents as well. Like so many things in her varied career, this was not planned. “I never know where things will take me. But somehow that can also be a way of doing things,ˮ she laughs.

It happened at Christmas, when Anna, now the mother of a six-year-old son, was looking for presents for the children of her friends. “And because I was really short of money at that time, I wrote a song and gave each child a verse.ˮ After the song about “Poultryˮ, came “Biber (Beaver)ˮ, which she gave to the film composer, Biber Gullatz, by way of thanks for a stay in his Berlin apartment, when she was frequently cooperating with him on television film soundtracks. “Only then did the idea come to me of writing a collection of childrenʼs songs.ˮ

It was behind these actual songs that almost all of the musical experiences that Gosteli had gathered throughout her career were hiding, and which suggested that the puzzle would become part of a glittering oeuvre. Thanks to lots of humour, but also immense psychological depth, these songs show off Gosteliʼs talents as a lyricist, whilst the music – which she performed on stage in collaboration with guitarist, Martina Stutz, – reflects her stylistic journey from golden oldies to pop songs and ultimately jazz.

“Iʼm currently bursting with ideas,ˮ says Gosteli, who teaches singing at the Guggenheim in Liestal, as well as leading a “Female Band Workshopˮ for “Helvetiarocktˮ along with Evelinn Trouble.And, last but not least, she is starting to bring the puzzle nearly to completion in the newly established Kid Empress band. “At last,ˮ states Gosteli, “Iʼve found three musical kindred spirits. We make decisions together and without having to make any compromises.ˮ

The “Schnuuˮ and genre-crossing sound of Kid Empress already clearly indicate that the initial “Jack of all trades and master of noneˮ is being condensed into an independent identity. “The Get Going! grant gives me the necessary financial breathing space at just the right time to be able to immerse myself in this new, creative adventure.ˮ And at this point, she beams all over her face once more.

FONDATION SUISA started awarding new grants in 2018. Under the heading of “Get Going!ˮ, creative and artistic processes that do not fall within established categories are given a financial jump-start. Each year, our Portrait Series profiles recipients of Get Going! funding. The invitation to apply for 2020 expires at the end of August.

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Despite her outstanding training and commercial successes in a number of bands, Anna Gosteli hid her light under a bushel far too often.The 35-year-old resident of Solothurn is now stepping into the limelight and has found her too long-awaited musical identity, thanks to all of her many experiences. The 2019 Get Going! grant gave her the necessary financial independence. Text by guest author Rudolf Amstutz

Anna Gosteli: “I never know where things will take meˮ

Anna Gosteli (Photo: Manuel Vescoli)

Parts of a puzzle like mosaic pieces – before they are put together, they shimmer in all the colours under the sun, but: the full picture is just not there. The correct arrangement, the right sequence of events which gives the finished picture its identity, is missing. “Jack of all trades and master of noneˮ is the way Anna Gosteli describes the state...read more

“It would be nice if this crisis would lead to some sort of a raised awareness”

During the corona crisis, SUISA’s “Music for Tomorrow” project provides a platform for some members to report on their creative activities and the challenges they are facing during this period. This time, Zurich musician and songwriter Anna Känzig tells how it feels when one concert cancellation after the other flutters into her house and why she hasn’t lost her courage despite of that. For “Music for Tomorrow”, she exclusively performed her song “House of Cards”, which nicely describes the current circumstances.  Text by Nina Müller; video by Anna Känzig, edited by Nina Müller

Anna Känzig (35) was already very musical at a young age. She learned to play the guitar at the age of five. Later, the bass and the piano followed, and her school education also took place in the musical field. At the Zurich University of the Arts (ZHdK) she completed her Bachelor’s degree in the jazz department and since 2009, Känzig has been an integral part of the Swiss music scene. With her clear voice, the Zurich native has already thrilled audiences at the Montreux Jazz Festival, Gurten Festival, Energy Air and the finals of the Elite Model Look 2016.

She has been under contract with Sony Music Switzerland since 2014 and has already produced three albums, the first one still on the Nation Music label. She produced the album “Sound and Fury”, which also features on “House of Cards”, together with music producer Georg Schlunegger from Hitmill, and Lars Norgren, who also works with Swedish pop musician Tove Lo, mixed the album.

In 2016, her song “Lion’s Heart” was the anthem of the fundraising campaign “Every Rappen Counts”. Anna Känzig is the first woman to contribute the official song for the fundraising campaign by the SRF and the Swiss Solidarity organisation “Glückskette”.

“House of Cards”

For “Music for Tomorrow”, Anna Känzig performed and recorded the song “House of Cards”. On the play, she says: “The song actually describes the current situation very well. It is about the fact that situations can change from one day to the next and despite meticulous planning everything can suddenly be different. The song was written a few years ago and has been a fixed part of my live programme ever since.

Anna Känzig, what does your working day as a composer/lyricist look like during the corona pandemic?
I try to use the resulting compulsory break as creatively as possible. At the beginning of the corona crisis, I found this extremely difficult, as the whole situation paralysed me. Every day new concert cancellations fluttered in, and the planned single release suddenly didn’t seem to make much sense anymore. At some point I was able to free myself from this lethargy and found my creative flow again. I dug out a lot of song ideas that had been lying fallow until then and barricaded myself in my band room with them. Meanwhile many new songs have been written, at best material for a new album!

What does this crisis mean for you personally?
Due to the crisis I suddenly had to deal with myself and my work much more intensively again. The collective foreclosure triggered a creative impulse in me. Since no more live concerts were allowed to be played, personal contact with the audience broke off abruptly. Many concerts have been moved to the internet, which I personally didn’t really like. I understand that alternative forms have to be found, but especially with streaming concerts an essential part of cultural enjoyment is lost for me. In the meantime, smaller concerts are allowed again, and I notice more than ever that this exchange of energy between musicians and audience is simply irreplaceable.

How can the audience support you at the moment?
In quite a classic way: Buying albums and songs always helps. Of course, this does not always have to happen via the large platforms. It helps us most when the music is bought directly from us, via our webshop, or upon personal request. Streaming is also possible, but here the revenues per stream are very low. Social media certainly also play a role in supporting the artist. A Like is not a payment, but the attention and sharing of contributions in social media helps us to expand our reach and, at best, to gain new fans.

Would it help if people on Spotify and Co. streamed your music more often?
Streaming helps to a small extent, sure. But it would be much better if people would consume the music on platforms where they can buy the individual tracks. It would be nice if this crisis would raise awareness and people would be more willing to pay for the consumption of culture again.

In your opinion, what positive things could the current situation bring about?
I hope that the lack of cultural experiences and adventures triggered by the corona crisis will create a new hunger for live encounters among people and that something like a concert visit will be much more appreciated again.

What do you want to give your fans to take away from this interview?
I am looking forward to welcoming my fans at a live concert again soon!

www.annakaenzig.com

“Music for Tomorrow”
The Covid-19 crisis has hit SUISA’s members particularly hard. The main source of income for many composers and publishers has completely been lost: Performances of any kind have been prohibited by the Federal Government until further notice. In the coming weeks, we will be posting portraits of some of our members on the SUISAblog. They will tell us what moves them during the Covid-19 crisis, what their challenges are and what their working day currently looks like. The musicians also performed and filmed their own composition for the SUISAblog at home or in their studio. SUISA pays the musicians a fee for this campaign.
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Why SUISA members should also consider joining SWISSPERFORMWhy SUISA members should also consider joining SWISSPERFORM Composers and lyricists who are SUISA members and are also active as artists and/or producers and whose performances are broadcast by Swiss or foreign radio and TV channels are entitled to receive a remuneration from SWISSPERFORM. For all those authors-composers-artists/producers, a membership with SWISSPERFORM is thus a necessary addition to their SUISA affiliation in order to safeguard their rights and the full remuneration they are entitled to. Read more
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  1. Guten Tag Nina,
    danke für deinen Beitrag! Ein sehr wichtiges Thema was du da ansprichst. Es war und ist auch immer noch für uns alle eine schwere und ungewohnte Zeit.

    Liebe Grüße
    Christoph

Leave a Reply

All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

Your email address will not be published.

During the corona crisis, SUISA’s “Music for Tomorrow” project provides a platform for some members to report on their creative activities and the challenges they are facing during this period. This time, Zurich musician and songwriter Anna Känzig tells how it feels when one concert cancellation after the other flutters into her house and why she hasn’t lost her courage despite of that. For “Music for Tomorrow”, she exclusively performed her song “House of Cards”, which nicely describes the current circumstances.  Text by Nina Müller; video by Anna Känzig, edited by Nina Müller

Anna Känzig (35) was already very musical at a young age. She learned to play the guitar at the age of five. Later, the bass and the piano followed, and her school education also took place in the musical field. At the...read more

«Get Going!» goes into the third round

«Get Going!» enables new perspectives: The idea of «Get Going!» is based on the philosophy of «making it possible». «Get Going!» consist of a start-up financing. Four such contributions of CHF 25 000.- each per year are advertised. Text by FONDATION SUISA

«Get Going!» goes into the third round

The recipients of the “Get Going!” contributions 2019 (from top left to bottom right): Anna Gosteli, Michel Barengo, Jessiquoi, Félix Bergeron (Iynnu) and Jérémie Zwahlen. (Photos: zVg)

«Get Going!» should be accessible to as many musically creative people as possible. Musicians should be restricted as little as possible in their creative ideas.

«Get Going!» 2020: Call for applications

Application deadline: 31.08.2020

The call for applications is intended to be broadly open and deliberately avoids the usual categories of musical genre, age or project.

Applications may be submitted by authors and musicians who can demonstrate a clear connection with the current Swiss or Liechtenstein music making.

Please note that:

  • We will not accept any additional documents, neither in electronic form nor as hard copies
  • We shall neither engage in any correspondence nor give any information by phone about the selection procedure and the final decision
  • If necessary, the jury may request further information
  • The jury, consisting of four members of the Board of Trustees, will evaluate the applications and make the final selection. The substance and originality of the applicant’s submission will play a decisive role in the selection.

To apply:

You have until 31.08.2020 to fill out the online form below:

«Get Going!» 2020 application form

In the course of autumn 2020, the jury will consider the submitted dossiers. You will then receive feedback on your application.

www.fondation-suisa.ch/en/work-grants

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Setting to musicSetting to music Whether they write choir music or a pop-song, composers are often inspired by an existing text which they want to use or excerpt in their new composition or song. What should you be mindful of in the use of third-party texts? How do you obtain permission to set a text to music, and what points should the permission cover? Read more
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«Get Going!» enables new perspectives: The idea of «Get Going!» is based on the philosophy of «making it possible». «Get Going!» consist of a start-up financing. Four such contributions of CHF 25 000.- each per year are advertised. Text by FONDATION SUISA

«Get Going!» goes into the third round

The recipients of the “Get Going!” contributions 2019 (from top left to bottom right): Anna Gosteli, Michel Barengo, Jessiquoi, Félix Bergeron (Iynnu) and Jérémie Zwahlen. (Photos: zVg)

«Get Going!» should be accessible to as many musically creative people as possible. Musicians should be restricted as little as possible in their creative ideas.

«Get Going!» 2020: Call for applications

Application deadline: 31.08.2020

The call for applications is intended to be broadly open and deliberately avoids the usual categories of musical genre, age or project.

Applications may be submitted by authors and musicians who can demonstrate a clear connection...read more

“The crisis feels a little like being in a rehab clinic to me”

During the corona crisis, via its project “Music for Tomorrow”, SUISA is providing a platform for some members to report on their work and the challenges they are facing during this period. This time round, the Valaisian musician and songwriter Tanya Barany tells us why she hopes that people in this crisis have focussed their awareness of things like care, appreciation, solidarity or reflection and exclusively performs her song “Cotton Clouds”. Text by Giorgio Tebaldi; video by Tanya Barany, complemented by Nina Müller

“Dark like my British humour, but with a touch of fresh mountain air,” is how Tanya Barany describes her “Dark Pop”. Born and grown up in the Upper Valais, Tanja Zimmermann, that is what she is actually called, found her way to music at an early age: “I’ve been singing, dancing and performing all my life. The stages have simply become a bit bigger over time,” she says in a written interview. “What was once my bed has mutated into a Gampel Open Air stage.” Her musical career began with her first solo appearance with guitar at a children’s hit parade at the age of 11. At the age of 14 she founded the girl power trio Labyrinthzero, with which she released her first EP with her own compositions and played over 150 concerts at home and abroad.

Found a musical home

Decisive for her musical career was the encounter with Jonas Ruppen, who plays keyboard in her band and creates the videos: “He showed me the world of Radiohead, James Blake, etc. – and suddenly I had found my musical home!” The two have been playing music together for ten years now and work together on the overall concept of “Tanya Barany” – Tanya as songwriter and Jonas as video producer.

She began her musical education in 2014 by studying music at the Zurich University of the Arts, where she says that she was able to benefit from great teachers. “At the same time, I learned how to use the recording program LogicX, which took my songwriting in a completely different direction – my ‘Dark Pop’ saw the light of day!”

The debut album “Lights Disappear”

In 2019, Tanya Barany’s debut album “Lights Disappear” was released. Several performances on stages at home and abroad followed, e.g. Gampel Open Air, Zermatt Unplugged, Swiss Live Talents or at the Blue Balls Festival.

Besides her project Tanya Barany, she is a full-time studio singer and musician, songwriter, lyricist and vocal coach.

“Cotton Clouds”

For “Music for Tomorrow” Tanya Barany performed and recorded the song “Cotton Clouds”. She says the following about the work: “‘Cotton Clouds’ describes the feeling of immersion in water where suddenly everything around becomes silent; where suddenly another world appears. One the one hand, the water walls are depressing (almost oppressive), on the other hand they remind us of the security of an embrace. ‘Cotton Clouds’ is my unreleased hidden track. Like my songs on the album ‘Lights Disappear’, ‘Cotton Clouds’ grew out of the dark corner of my heart, but the track didn’t find a place on the album. I had composed ‘Cotton Clouds’ on the piano at that time; I prefer to play the piano alone for myself, without anyone listening to me. I chose ‘Cotton Clouds’ for ‘Music for Tomorrow’, because I want to invite the audience into my little lounge and take you on a little personal journey … :-)”

Tanya Barany, what does your working day as a composer/lyricist look like during the corona pandemic?
Tanya Barany: At the moment, I have more time to convert my song ideas into finished songs. Therefore, I try to generate as much output as possible – not only for me as Tanya Barany, but also as a ghostwriter for other artists. My partner, David Friedli – also a musician and composer – and I often write together. We move in all possible style directions – from folk to rock to pop to electro pop to soul etc. – it’s really fun!

What does this crisis mean for you personally?
The crisis feels a little like being in a rehab clinic to me. I don’t really want to be there – I miss performing live, cultural life and even planning ahead – who would have thought – and I can’t wait for normality to return.
On the other hand, this crisis also brings something valuable with it: Time! The world just seems to revolve a bit more slowly. Suddenly I am allowed to concentrate on things that are not necessarily on my having to do list but on the nice to do list – that feels incredibly good! This time has made “Reboot” possible, now I feel much more energetic and creative than before the crisis.

How can the audience support you at the moment?
My audience can best support me by telling all my friends and relatives about my music and telling them to buy the “Lights Disappear” CD! :-) Dark songs help through dark times … :-)

Would it help if people on Spotify and Co. streamed your music more often?
When selecting live acts, the organisers look at the number of “listeners” on Spotify, YouTube etc. Therefore, it is surely an advantage if my music is streamed regularly on these platforms. It is also nice to see that my songs are even heard on the other side of the world! But to support me as an artist directly, I am always very grateful for purchased music on iTunes etc. or directly at concerts.

What do you think the current situation could bring with it?
I very much hope that people’s awareness will be sharpened somewhat – on all levels! A little more care, appreciation, solidarity, reflection – that would do us all good!

What do you want to give your fans to take away from this interview?
Dear fans, although it seems to be quieter around Tanya Barany at the moment, I’m working diligently in the background on a new concept, so that it will be even more cracking afterwards – so enjoy the calm before the storm! :-) I am already looking forward to presenting you new songs! Thanks for your support so far! Take care <3

www.tanyabarany.ch

“Music for Tomorrow”
The Covid-19 crisis has hit SUISA’s members particularly hard. The main source of income for many composers and publishers has completely been lost: Performances of any kind have been prohibited by the Federal Government until further notice. In the coming weeks, we will be posting portraits of some of our members on the SUISAblog. They will tell us what moves them during the Covid-19 crisis, what their challenges are and what their working day currently looks like. The musicians also performed and filmed their own composition for the SUISAblog at home or in their studio. SUISA pays the musicians a fee for this campaign.
Related articles
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Kety Fusco: “This situation will put everyone – musicians, technicians, insiders – to the test”“This situation will put everyone – musicians, technicians, insiders – to the test” With the “Music for tomorrow” project, SUISA aims to support its members in these difficult times. We offer artists a platform where they can talk about their current situation while in lockdown and present one of their works. The prelude is made by the Ticino composer and harpist Kety Fusco. In a written interview she talks about her everyday life in lockdown and why not that much has actually changed for her. Read more
Why SUISA members should also consider joining SWISSPERFORMWhy SUISA members should also consider joining SWISSPERFORM Composers and lyricists who are SUISA members and are also active as artists and/or producers and whose performances are broadcast by Swiss or foreign radio and TV channels are entitled to receive a remuneration from SWISSPERFORM. For all those authors-composers-artists/producers, a membership with SWISSPERFORM is thus a necessary addition to their SUISA affiliation in order to safeguard their rights and the full remuneration they are entitled to. Read more
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Leave a Reply

All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

Your email address will not be published.

During the corona crisis, via its project “Music for Tomorrow”, SUISA is providing a platform for some members to report on their work and the challenges they are facing during this period. This time round, the Valaisian musician and songwriter Tanya Barany tells us why she hopes that people in this crisis have focussed their awareness of things like care, appreciation, solidarity or reflection and exclusively performs her song “Cotton Clouds”. Text by Giorgio Tebaldi; video by Tanya Barany, complemented by Nina Müller

“Dark like my British humour, but with a touch of fresh mountain air,” is how Tanya Barany describes her “Dark Pop”. Born and grown up in the Upper Valais, Tanja Zimmermann, that is what she is actually called, found her way to music at an early age: “I’ve been...read more

“In this, we are all really challenged as a community”

With the “Music for tomorrowˮ project, SUISA aims to support its members in these difficult times. We offer artists a platform where they can talk about their current situation while in lockdown and present one of their works. This week we present the Swiss pianist, composer and music producer Nik Bärtsch and his piece “Modul 5ˮ. In the interview, Nik talks about his everyday life in lockdown with his family and what he has in common with an Australian emergency doctor. Text by Nina Müller; video by Nik Bärtsch, complemented by Nina Müller

Nik Bärtsch (48) is a successful jazz pianist who lives with his family in Zurich. In addition to music, Zurich-born Bärtsch also studied philosophy, linguistics and musicology. It is therefore not surprising that music has a deeper meaning for him. On his website, he describes his music as follows: “A piece can be entered like a room, inhabited. Through obsessive turning moments, overlays of different meters and micro interplay, the music moves on and changes its states. Attention is drawn to the minimal variations and phrasing. The band thus becomes an integral organism – like an animal, a biotope, an urban space. Youʼre supposed to think with your ears and hands.ˮ

He lives this philosophy with his band Ronin and has already toured in Europe, Asia and the USA. With his formations Nik Bärtschʼs Ronin and Nik Bärtschʼs Mobile as well as solo, the musician has released more than thirteen sound recordings, which are performed at weekly performances as part of his concert series at the Zurich Club Exil. Since 2006, he has his own label “Ronin Rhythm Recordsˮ.

For “Music for Tomorrowˮ Nik Bärtsch performed the piece “Modul 5ˮ. He says with regards to the piece: “The piece consists of a small complex pattern in 6/4, which spreads over the whole piano in the course of the piece. I came across this pattern quite early in my musical development and it has accompanied me constantly over the years. Thus the piece, which was composed at an early age, experiences a constant evolution, as I do myself. We work together so to speak, so that our relationship becomes ever simpler, more direct and yet deeper and more mysterious – just as my wife and I shape our lives together.”

Nik, how does your working day as a composer look like during the corona pandemic?
Nik Bärtsch: I am a completely independent composer, pianist, bandleader, producer and publisher. So, at the moment, the only difference compared to the time before the virus is that I travel much less. All international concerts, productions and workshops have obviously been cancelled. I now have the same daily routine that I have at home between trips: I compose, practice, rehearse, organise and communicate alternately. In addition, I share family life with our children together with my wife, who is also very active in her job.
As usual, it requires a lot of love for life, discipline, structure, but also creativity and the desire for surprises.
Since we want to organise and maintain all this at a high level, it was not a big change for us. Our children are often at home and not in after-school care or anywhere else. We all do martial arts and therefore we also have the possibility to train together on the meadow in front of the house.
Our Monday concert series at the EXIL Club will continue for the time being as pure streaming (www.yourstage.live). So Monday remains the ritualized local concert day and the community and the different teams stay in constant contact.

What does this crisis mean for you personally?
Like all severe crises, it shows me exactly where I stand as an artist and human being and once again unconditionally demands my creativity, integrity and resilience.
But as a freelance musician this is often the normal state of affairs anyway. But the big question is: How do groups, ensembles, bands and concert venues survive the current change in the medium term? In this we are all really challenged as a community. The questions that do arise are actually rather useful: What does music mean to me as a professional? What does it mean to all of us? How do we pay for music and the services behind it? How do we sensibly link the value-appraisal chain with the value-creation chain?

How can the audience support you at the moment?
By rewarding my performance and ours: So by watching our paid streams and by consuming and distributing our music on all other media as well. And by learning exactly how music production and presentation works: How many people and their achievements are behind it, when a wonderful song helps me through the day.

Would it help if people on Spotify and Co. streamed more of your music?
The number of streams must be very high for this kind of payment to work. It still helps, though. Everything is connected and the more independent artists are heard and shared, the better. The local, authentic and special art and initiative ultimately feeds the global commercial development. We have noticed this everywhere on our tours around the world.

What do you think the current situation could bring with it?
I always try to deduce the positive in every situation and learn something. The current situation is once again fundamentally testing our prosperity, our security and thus our working methods. This is valuable. Only when we realise how vital music, its inspiring environment and its wonderful possibilities are, can we appreciate the professional handling of it. SUISA and, for example, the Association of Swiss Musicians communicate this very well. Every musician should do this just as passionately and professionally.

What do you want to give your fans to take away from this interview?
Be honest in your approach to music: Nobody simply takes home a loaf of bread at the bakery without paying.
So enjoy the music with the awareness that people have worked on it with love and unconditional devotion.
I recently received an email from an emergency doctor in Australia. He thanked me for the music. He tackles every challenge of the last few years – the floods, the bush fire and now the virus – by listening to one of my tracks in the morning and drinking a coffee with it. Then he would know why he was doing all this and would also be able to bear death, pain and danger. The music gives him strength to rescue, save and help people. I understood then that it is better to focus unconditionally on the music than to help out a little everywhere. In this case, the chain of inspiration works with precision: We both concentrate on the essentials. His integrity, talent and professionalism help me and vice versa. So we both help others again. Societal appreciation and value creation can only work together.

www.nikbaertsch.com

“Music for Tomorrow”
The Covid-19 crisis has hit SUISA’s members particularly hard. The main source of income for many composers and publishers has completely been lost: Performances of any kind have been prohibited by the Federal Government until further notice. In the coming weeks, we will be posting portraits of some of our members on the SUISAblog. They will tell us what moves them during the Covid-19 crisis, what their challenges are and what their working day currently looks like. The musicians also performed and filmed their own composition for the SUISAblog at home or in their studio. SUISA pays the musicians a fee for this campaign.
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With the “Music for tomorrowˮ project, SUISA aims to support its members in these difficult times. We offer artists a platform where they can talk about their current situation while in lockdown and present one of their works. This week we present the Swiss pianist, composer and music producer Nik Bärtsch and his piece “Modul 5ˮ. In the interview, Nik talks about his everyday life in lockdown with his family and what he has in common with an Australian emergency doctor. Text by Nina Müller; video by Nik Bärtsch, complemented by Nina Müller

Nik Bärtsch (48) is a successful jazz pianist who lives with his family in Zurich. In addition to music, Zurich-born Bärtsch also studied philosophy, linguistics and musicology. It is therefore not surprising that music has a deeper meaning for him....read more

The Artist’s Agreement compared with the Publishing Agreement

The economic producer (a label, for example) finances the production of sound recordings containing performances by p artists with the intent to subsequently promote and exploit the recordings commercially. The artist’s agreement regulates the resulting rights between the performer and the producer. The artist’s agreement is often confused with the publishing agreement. An overview of the differences between the two contracts. Text by Céline Troillet

The Artist’s Agreement compared with the Publishing Agreement

The artist’s agreement regulates the performer’s rights to their performance; the publishing agreement on the other hand regulates the exclusive rights of the composer and the lyricist in their work. (Photo: Tabea Hüberli)

An artist’s agreement between a performer and an economic producer (a label, for example) can be defined as the transfer by the performer of their performance rights to the producer for the purpose of producing and marketing a sound recording.

Transfer of the artist’s rights

The neighbouring rights transferred by the performer (performance rights) to the producer are the performer’s exclusive rights in their performance. These include the exclusive right:

  • to fix their performance on blank media and to reproduce such fixations (mechanical rights);
  • to offer, transfer or otherwise distribute copies of their performance; (right to market or distribution right);
  • to make their performance perceptible in some place other than that in which it was performed, either directly or through any kind of medium, in such a way that persons may access it from a place and at a time individually chosen by them (the right of recitation, presentation and performance, and the right to make available);
  • to broadcast their performance by radio, television or similar method, including by wire, as well as to retransmit the broadcast performance by means of technical equipment, the provider of which is not the original broadcasting organization, and to make their performance perceptible when they are broadcast, retransmitted or made available to the public (broadcasting right).

Obligations of the producer

The producer’s function is to produce, at their own expense, a recording containing the artist’s performance, and to promote and exploit the recording. The producer is responsible for promoting the recording in accordance with industry practice.

Royalties

In consideration of the transfer of the performer’s rights, the producer is required to pay a fee for each recording sold. The fee is calculated on the wholesale price of every sound recording sold, at varying rates depending on the type of sale. For recordings sold in retail outlets (physical distribution), the rate is generally 8%, but it may go up to 12%. For online sales (internet and other), rates are usually between 15% and 30%. For other uses (e.g. for advertising or use in a film), the fee due to the performer is generally 50% of the amount received by the producer of the sound recording.

Comparison with the publishing agreement

A publishing agreement between an author and a publisher can be defined as the transfer by the author (composer, lyricist, arranger) to the publisher of the rights in the author’s work with a view to its publishing.

Transfer of the author’s rights

The author’s rights transferred to the publisher are the author’s exclusive rights in their work (i.e. in the composition and lyrics). These rights include:

  • the right to produce copies of the work, particularly in printed form, or as sound recordings, audiovisual recordings or on other media carriers (mechanical rights);
  • the right to offer to the public, to sell or otherwise distribute copies of the work (right to market or distribution right);
  • the right to recite, present or perform the work, or enable it to be viewed or heard in a place other than that where the work was presented, and to make it available (the right of recitation, presentation and performance, and the right to make available);
  • the right to broadcast the work via radio or television (broadcasting right).

Other rights may also be transferred by the author, i.e. remuneration claims managed by collecting societies (uses for teaching purposes, for example), graphic rights (the right to publish sheet music and/or lyrics and to distribute such copies of the work), arrangement rights (remixes, arrangement of a work), synchronisation rights (the right to combine the work with works of other genres, in particular with films or video games), or the advertising right (the right to use the work for advertising purposes).

For your information
Publishing agreement: “Publishing agreements: What do I need to consider?” (SUISAblog)
For more about music and films: SUISAinfo 2.09 (PDF, in German)
For more about arrangements: “Arranging works protected by copyright”, “Setting to music” as well as “Sampling and Remixes” (SUISAblog)

Obligations of the publisher

The function of the publisher is to publish, reproduce, and distribute the author’s work, to mediatise it, combine it with other works (in an arrangement, film or commercial), present it to the public (interviews, galas, show-casings), and to conclude contracts with sub-publishers for the publication of the work in other countries.

Royalties

The remuneration for the exclusive rights and for the compensation claims managed by collecting societies are split between the author and the publisher following the distribution key of the competent collecting society, or by mutual agreement. According to SUISA’s Distribution Rules, the publisher’s share of performance and broadcasting rights may not exceed 33.33%. There is no cap on the publisher’s share of the mechanical rights. The remuneration from the management of the other rights is shared between the parties as provided in the publishing contract. As a rule, the remuneration is split on an equal 50: 50 basis. For sheet music, the author is entitled to between 10% and 15% of the retail price.

In a nutshell

The artist’s agreement is different to the publisher’s agreement. The artist’s agreement applies to a performer while the publishing agreement concerns the author (composer, lyricist, arranger). In the artist’s agreement, the performer transfers their neighbouring rights (performance rights) in their performance whereas in the publishing agreement, the author transfers the copyrights in their work. Lastly, the producer and the publisher do not have the same function in respect of their respective co-contractor, and the remuneration deriving from the artist’s agreement and the publishing agreement is specific to each. For example, if a film producer wishes to use a piece of music in their new film, they must obtain the recording rights from the label (which obtained them from the performer under the artist’s agreements) and the copyrights in the work (composition and lyrics) from the publisher (who obtained them from the author under the publishing agreement).

For your information
Specimens of publishing and sub-publishing agreements are available on SUISA’s website. The main points of these agreements are presented in a commented version. www.suisa.ch/en/members/publishers/publishing-agreement.html
SUISA manages authors’ rights for authors and publishers. Swissperform manages the neighbouring rights of performers and producers in their recordings.
“Why SUISA members should also consider joining SWISSPERFORM” (SUISAblog)
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  1. Mathias Haut says:

    Hallo Liebes SUISA Team,
    ich bin Musiker und möchte mich auch gleichzeitig als Verleger anmelden. Wie sieht es da mit dem Vertragsrecht aus ? Haben Sie ein Musterbeispiel für so ein Anliegen ?
    Vielen Dank
    Mathias

Leave a Reply

All comments will be moderated. This may take some time and we reserve the right not to publish comments that contradict the conditions of use.

Your email address will not be published.

The economic producer (a label, for example) finances the production of sound recordings containing performances by p artists with the intent to subsequently promote and exploit the recordings commercially. The artist’s agreement regulates the resulting rights between the performer and the producer. The artist’s agreement is often confused with the publishing agreement. An overview of the differences between the two contracts. Text by Céline Troillet

The Artist’s Agreement compared with the Publishing Agreement

The artist’s agreement regulates the performer’s rights to their performance; the publishing agreement on the other hand regulates the exclusive rights of the composer and the lyricist in their work. (Photo: Tabea Hüberli)

An artist’s agreement between a performer and an economic producer (a label, for example) can be defined as the transfer by the performer of their performance rights to the producer for the purpose of producing...read more