Back to the Future at the Kennedy Center: A Lesson in Compromise

November 1, 2024

Ed Malaga  -  AFM International Executive Board Member and President of Local 161-710 (Washington, DC)

On July 23, the Pamphlet B touring production of Back to the Future arrived at The Kennedy Center for a three-week run. In the months leading up to that date, there had been speculation about the details of this production, including whether it utilized the virtual orchestra technology known as KeyComp. It was important because the Kennedy Center Opera House Orchestra agreement provides that virtual orchestras will not be used in conjunction with any work there without the consent of the union.

This provision was a point of contention in the previous year when productions of The Lion King and Frozen, both using KeyComp on their tours, came to the center. As a result, we were successful in restoring a larger orchestration for the run of The Lion King, which did not use prerecorded KeyComp tracks for its Kennedy Center appearance. In the case of Frozen, KeyComp was allowed in exchange for a three-year contract extension of the minimum guaranteed hours for the Kennedy Center Opera House Orchestra (KCOHO).

At the start of 2024, we received information that KeyComp could be returning with the Back to the Future production. I contacted AFM Theatre/Touring/Booking Division Director George Fiddler to ask for an update on the status of this tour.

We did not receive final confirmation until the end of May that Back to the Future would indeed be using KeyComp. The request to utilize KeyComp was rejected by the KCOHO Committee and discussions began with the producers about how to bring the production into compliance with contract language. The solution required KeyComp’s developer, Christoph Buskies, to create new parts that would be necessary once the technology was decoupled from the musical score. This workaround required two new books to be created—one for keyboard and one for percussion. And it necessitated that two additional musicians be engaged to perform those parts for the Kennedy Center run.

I attended the first rehearsal on July 23 and had an opportunity to meet some of the musicians who would be performing in this production. It was the debut of this new version created for the run at the Kennedy Center. I was primarily interested in verifying that prerecorded tracks would not be used.

The band sounded fantastic reading this modified version of the score for the first time. I could tell by the reactions of the musicians that they were really enjoying some of the aspects of this new version. I also had the opportunity to meet briefly with Buskies, who arrived from Germany to oversee the transition of the new parts. In the end, this production was possible without the use of KeyComp and I would argue that its success was a result of the musicians performing those parts live.

At the time Back to the Future arrived at The Kennedy Center, we were in negotiations on a successor agreement with the center. One of their priorities was to eliminate the virtual orchestra clause from the agreement. This was a serious point of contention between our musicians and the center. One of the musicians’ key priorities was addressing a growing problem with their self-insured health care benefit.

With negotiations not going well, a strike authorization vote had been unanimously approved. At the eleventh hour, a deal came into view that would address both issues. The musicians would, for the first time in their history, be allowed access to Kennedy Center health plans, in exchange for allowing one presentation per contract year of a touring musical using KeyComp.

It should be emphasized that The Kennedy Center was not allowed to use this technology for its own productions. As difficult as it was for the musicians to accept this concession, it was in the best interest of their orchestra to move forward with these terms.

The issue of technology, as it affects our work, has been around for a long time. As a Federation of musicians, locals have a lot of autonomy concerning the agreements they bargain with employers in their jurisdictions. I have always felt that it would be beneficial to have a unified approach and standards in our agreements. This would be a vast undertaking given the nature of these contracts. That being said, whenever an unfamiliar situation arises in a local agreement that I am negotiating, I don’t hesitate to reach out to others who have experience with the subject. I have always been grateful for the information shared among our vast network of Federation officers, local officers, and player conference colleagues across our union. I offer this account in that spirit and look forward to continuing this work in the interest of all AFM musicians.

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