Officers Columns

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Ray Hair – AFM International President

Solidarity on Broadway: Mirroring a National Fight for Working Musicians

As I write this column, I am preparing to travel to Athens, Greece, for an important conference that will discuss artificial intelligence (AI) and streaming on the global stage. “Music in the Digital Age: Streaming and AI” is an international gathering that brings together artists, industry professionals, academics, journalists, legal experts, policymakers, and technologists to study the future of music rights.

Creative industries worldwide are being reshaped by the rapid rise of AI-generated content and the dominance of streaming platforms. As musicians, we join other creatives who face unprecedented challenges as revenue streams are disrupted and legal frameworks have not kept pace. The conference will provide me with an opportunity to explore, with other leaders in our global creative economy, how performers, unions, and collective management organizations (CMOs) can adapt, negotiate, and shape a better future. I will provide a synopsis next month.

Preparations for negotiating a successor Sound Recording Labor Agreement (SRLA) with the major labels continue. Details of this agreement covering musicians hired to produce sound recordings was the subject of last month’s column. We are asking for member input and support as we work toward a progressive agreement. I will keep you informed as negotiations develop.

Strikes Averted on NYC Stages

October has been a busy month for Broadway negotiations with AFM musicians and actors threatening strikes over stalled contracts with The Broadway League. Both the AFM Local 802 and Actors’ Equity Association began negotiations in August but had seen little progress by mid-October.

The League had offered unacceptable wages along with reduced benefits and jobs, yet these workers risk their health and safety, while sharing their talents, so the shows can go on. Both Local 802 and Equity demanded that their members be treated with dignity.

While Broadway pit musicians represent a small fraction of AFM membership, what happens on Broadway reflects what is happening in theaters in North America and Puerto Rico. These negotiations have implications for musicians working in the theatrical trade industrywide, as well as other entertainers. Their priorities—livable wages, fair work rules, and health care—are important to all working musicians.

The struggle of Broadway musicians is a cause close to my heart, as I played trumpet in Broadway shows during the early years of my career. I served for many years as a member of the contract negotiation team for the Broadway Theatre Committee, as president of Local 802 (New York City), and as a member of the AFM Pamphlet B and Short Engagement Touring Theatrical Musicals agreement.

More than 14,000 members of the public signed a letter of support for Broadway musicians and actors, recognizing the humanity of workers and the value of their labor, and promising not to cross the picket line in the event of a strike.

The letter began: “I am a Broadway supporter, someone who loves spending my time being transported by the exciting, moving, and often magical worlds created on stage by the most talented artists in the world. The actors, musicians, stage managers, and everyone else who create these experiences eight times a week are why I spend my money on tickets, show after show.” It continued with a pledge of solidarity with the musicians, actors, and stage managers who make Broadway the best theater in the world.

The AFM received letters of support from elected leaders, including New York City and New York State politicians, as well as bipartisan members of Congress. They all recognized the cultural and economic contributions of Broadway musicians. (See article on page 6.)

These important negotiations were also watched internationally, with letters of support coming from both the British Musicians’ Union and the International Federation of Musicians (FIM). The FIM letter read, in part: “We commend your steadfast dedication to securing fair wages, stable health care, job security, meaningful employment, and the safeguarding of vital benefits for all musicians. The demands you have raised—reflecting the urgent need for remuneration that aligns with Broadway’s success, strong and reliable health benefits, protection against reductions in orchestra minimums, and stabilizing freelance musicians’ income—are entirely justified and align with the core principles we advocate for professional musicians worldwide.”

FIM’s willingness to stand with us shows that the fight for dignity, fair wages, and secure working conditions for musicians transcends borders. The international music community was united in support for this cause. The world was watching as we urged The Broadway League to recognize the artistic and economic contributions of these incredible artists and negotiate a fair agreement.

On October 18, Equity announced it had reached a tentative agreement on its Production Contract with the League after an all-night negotiating session. Al Vincent, Jr., Actors’ Equity executive director and lead negotiator, said they would now bring the deal before their members for ratification and that they were putting their “full support behind Local 802 as they work with the League to reach a deal that averts a strike.”

Less than a week later, on October 23, Local 802 Broadway musicians announced that a tentative agreement with the League had been achieved after another all-night session, thereby averting a planned strike.

Meanwhile, singers, dancers, and staging staff of the American Guild of Musical Artists (AGMA) have been bargaining for a new contract with the New York City Ballet (NYCB) since May. Their current contract expired August 31, and they are now performing without one. AGMA has been negotiating in good faith, and while they have seen some progress, management’s current proposal does not recognize the value of the performers’ work or even meet the rising cost of living in New York City.

An AGMA post from October 8, the evening of the Ballet’s annual Fall Fashion Gala, states, “The AGMA dancers and stage managers at the New York City Ballet are united. We remain optimistic that we can work with the NYCB so it can remain an industry leader in its treatment of artists. We’ll keep you updated as we continue pushing for a fair contract that reflects the value of our work.” The musicians of the NYCB, members of Local 802 (New York City), stand united in solidarity with these performers.

Jay Blumenthal – AFM International Secretary-Treasurer

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Building Power While Meeting the Consumer Test

The purpose of any union is to build power so that its members can achieve economic fairness in the workplace and justice in the political realm. Coming out of the pandemic, this Federation administration gave itself a good institutional shaking, like a Labrador Retriever coming in from a downpour, with exactly that purpose in mind.

We’ve reignited the Organizing Services Department, which has focused on a number of local and national campaigns over the past several months, with plans to build up the department even more. We’ve added a research arm to the Federation, to support organizing and contract campaigns. The Symphonic Services field negotiators were put back on the road to assist locals with their symphonic bargaining. So busy have they been that plans are now afoot to add more staff resources to keep pace with demand. Recently, President Gagliardi added a negotiator to the Theater/Touring Department to assist locals that need help with their local theater contract negotiations. Following the retirement of the late Alfonso Pollard as our legislative director in DC, we hired Ben Kessler away from the National Endowment for the Arts and he has elevated our collective voice in the US Capitol to new levels.

All of this is to illustrate that building power toward economic fairness and justice in the political realm is in the forefront of the AFM leadership’s collective mind, and always shall be.

And yet, a vast swath of professional musicians in the US and Canada operate in an economic realm not directly connected to traditional rank-and-file union organizing in the workplace, who are not directly affected by contract campaigns or political activism. They are self-produced, indie or freelance musicians for whom every one of their dollars spent is measured against the resulting benefit. The value of their membership in this union is put to a consumer test—a difficult and complex challenge for a labor union whose primary purpose is to aggregate and channel its members’ power for collective benefit.

Notwithstanding this primary imperative, meeting that consumer test is an important part of the musicians’ union’s fabric. The pages of this magazine often display a variety of valuable benefits and services that are available to all members, and they are so ever-present that they might sometimes be accused of hiding in plain sight.

Web Hosting: GoPro Hosting—Starts at $19 per year for 100 MB disk space. We handle domain registration, transfers and renewals, web hosting, and tech support, on unlimited bandwidth. www.GoProHosting.com.

Sell Your Tunes: GoPro Tunes—Sell your tracks and albums recorded on AFM contracts. 100% of net sales goes to you. And it’s non-exclusive; sell your tunes anywhere else, online or offline. www.GoProTunes.com.

Book Your Group: AFM Entertainment—The AFM’s booking agency, connecting union musicians with gigs. Register your group at AFMEnterntainment.org.

Public Service Gigs: MPTF—Music Performance Trust Fund has money to support gigs that are free and open to the public. Ask your local officer how to get paid with MPTF.

Musical Equipment and Liability Insurance—US and Canadian members have access to competitively priced insurance for all your business, instruments, and gear, both at home and on the road. www.afm.org/insurance-products.

Gig Contract Enforcement: 1-800-ROADGIG (US) / 1-800-INFOFED (Canada)—On the road and get stiffed by a club, lounge, or other client? If the gig was covered by a contract and a copy was filed with the local where the gig was, call one of the numbers above, and within 24 hours, a Federation official will get on the case and work toward a resolution.

Cellular Service—Union members in the US and Canada can get significant discounts with Bell and Rogers in Canada and AT&T in the US. For more info, go to UnionSavings.ca in Canada, and UnionPlus.org in the US.

Union Discount Programs—Take a look at other savings on financial services, travel, shopping, and insurance for union members and their families. Visit UnionSavings.ca (Canada) and UnionPlus.org (US).

To find other services, discounts, and resources available to AFM members, visit members.afm.org > Document Library > Member Benefits and Services folder.

Alan Willaert – AFM Vice President from Canada

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Now’s the Time

We all know the musician jokes about time being more than a magazine. Time seems to move faster as we get older, and our lives revolve around a daily schedule, whether that is meetings, rehearsals, gigs, dropping kids off at school, or teaching. We can be most effective, if, when a window of opportunity opens, we can mobilize, respond, and are prepared to move. Now is that time.

As this month’s International Musician goes live, consultations on the Canada-United States-Mexico Agreement (CUSMA), also known as USMCA in the US, are coming to a close in both Ottawa and Washington, DC. For more than a decade, Canadian musicians attempting to acquire a work visa to enter the United States have been challenged with rising costs and longer wait times.

Over the last several months, AFM officials in both the US and Canada have been exploring potential avenues to improve this process for Canadians. Much of this advocacy has been happening in Washington, DC, with the work of AFM Director of Government Affairs Ben Kessler. Additionally, AFM International President Tino Gagliardi holds a seat and has a strong voice on the Labor Advisory Committee for Trade Negotiations and Trade Policy (LAC).

With CUSMA/USMCA consultations on both sides of the border, we have timely and coordinated advocacy happening. We now need your participation and information. Over the last few weeks, we have circulated invitations to online town hall meetings as well as a link to provide us specific information that will assist in upcoming advocacy. You can find the form here: https://forms.office.com/r/jAYYYkkBun. There are still a couple of town hall meetings you can register for. While we know the challenges of the visa application process very well, we need your stories and facts, and want to share our current advocacy work with you.

Earlier this month, I attended a Coalition for the Diversity of Cultural Expressions (CDEC) reception on Parliament Hill, sponsored by Member of Parliament for Drummond. The theme was “Commitment to Canadian Cultural Sovereignty.” Speeches were presented by Minister of Canadian Identity and Culture Steven Guilbeault and Leader of the Bloc Quebecois MP Yves-Francois Blanchet. Member of Parliament for Fredericton, NB David Myles, a former AFM member, was also in attendance.

The following day, there was a meeting with Minister of Artificial Intelligence (AI) and Digital Innovation, the Hon. Evan Solomon. He shared that he adheres to the principles of authorization, remuneration, and transparency. While the principles are simple, he noted the execution will be complex. He also recognizes that an opt-out system is not a good solution. He acknowledged that, in Canada, when we are talking about protected works—intellectual property—we are not simply talking about “data.”

The anticipation is Canada’s AI strategy will be updated by December, and after that, work on the law will begin. There is a division of responsibilities between Solomon and Guilbeault. Copyright matters fall under Guilbeault’s portfolio while the development is under Solomon.

With copyright, AI, and visa files all in various stages, these next months are pivotal times. While I’m sure our current political climate was not on his mind while writing his composition in 1945, Charlie Parker was indeed prophetic, “Now’s the Time!

C’est le moment!

par Allistair Elliott, vice-président de l’AFM pour le Canada

Nous connaissons tous la blague de musiciens selon laquelle le temps est plus qu’un titre de chanson. Il semble passer plus vite à mesure que nous vieillissons, et nos vies sont régies par un horaire quotidien, que ce soit de réunions, de répétitions, de concerts, d’enfants à aller chercher à l’école ou d’enseignement. Nous sommes plus efficaces si, lorsqu’une occasion se présente, nous sommes en mesure de nous mobiliser, de répondre et d’agir. Ce moment est arrivé.

Alors même que nous publions l’International Musician du présent mois, les consultations sur l’Accord Canada-États-Unis-Mexique (CUSMA), également connu sous le nom d’USMCA aux États-Unis, touchent à leur fin à Ottawa et à Washington. Depuis plus d’une décennie, les musiciens canadiens qui souhaitent obtenir un permis de travail pour entrer aux États-Unis sont confrontés à une augmentation des coûts et à des délais d’attente plus longs.

Au cours des derniers mois, les responsables de l’AFM aux États-Unis et au Canada ont exploré les pistes possibles pour améliorer ce processus pour les Canadiens. Une grande partie de ce travail de plaidoyer s’est déroulée à Washington, grâce à l’action de Ben Kessler, directeur des Affaires gouvernementales de l’AFM. De plus, le président international de l’AFM, Tino Gagliardi, siège au comité consultatif du travail pour les négociations commerciales et la politique commerciale (LAC) et y fait entendre sa voix.

Grâce aux consultations CUSMA/USMCA des deux côtés de la frontière, nous menons un travail de plaidoyer opportun et coordonné. Nous avons maintenant besoin de votre participation et de vos informations. Au cours des dernières semaines, nous avons diffusé des invitations à des réunions publiques en ligne ainsi qu’un lien pour nous fournir des informations spécifiques qui nous aideront dans nos prochaines actions de persuasion. Vous trouverez le formulaire (en anglais) ici : https://forms.office.com/r/jAYYYkkBun. Il reste encore quelques réunions publiques auxquelles vous pouvez vous inscrire. Bien que nous connaissions très bien les difficultés liées au processus de demande de permis, nous avons besoin de vos témoignages et de vos faits, et souhaitons vous faire part de notre travail actuel de défense de vos intérêts.

Au début du mois, j’ai assisté à une réception de la Coalition pour la diversité des expressions culturelles (CDEC) sur la Colline du Parlement, parrainée par le député de Drummond. Le thème était « L’engagement envers la souveraineté culturelle canadienne ». Des discours ont été prononcés par le ministre de l’Identité canadienne et de la Culture, Steven Guilbeault, et le chef du Bloc québécois, le député Yves-François Blanchet. David Myles, député de Fredericton (Nouveau-Brunswick) et ancien membre de l’AFM, était également présent.

Le lendemain, une réunion a eu lieu avec le ministre de l’Intelligence artificielle (IA) et de l’Innovation numérique, Evan Solomon. Il a déclaré adhérer aux principes d’autorisation, de rémunération et de transparence. Bien que ces principes soient simples, il a souligné que leur mise en œuvre serait complexe. Il reconnaît également qu’un système de retrait n’est pas une bonne solution. Il a reconnu qu’au Canada, lorsque nous parlons d’œuvres protégées – la propriété intellectuelle –, il ne s’agit pas simplement de « données ».

Nous nous attendons à ce que la stratégie canadienne en matière d’IA soit mise à jour d’ici décembre, après quoi les travaux sur la loi commenceront. Les responsabilités sont réparties entre M. Solomon et M. Guilbeault. Les questions de droit d’auteur relèvent du portefeuille de M. Guilbeault, tandis que le développement relève de M. Solomon.

Avec les dossiers du droit d’auteur, de l’IA et des permis qui en sont tous à des stades d’avancement différents, les prochains mois seront décisifs. Je suis sûr que le climat politique actuel n’était pas dans les pensées de Charlie Parker lorsqu’il a composé sa pièce en 1945, mais il a tout de même été prophétique : « Now’s the Time ! » (C’est le moment!)

Performing Artists Must Be Protected from Censorship

The recent efforts to censor the voices of creative artists presents a troubling development for performing artists of all disciplines. AFM International President Tino Gagliardi’s response to ABC taking Jimmy Kimmel off the air was articulated perfectly:

“This is not complicated: Trump’s FCC identified speech it did not like and threatened ABC with extreme reprisals. This is state censorship. It’s now happening in the United States of America, not some far-off country. It’s happening right here and right now. This act by the Trump administration represents a direct attack on free speech and artistic expression. These are fundamental rights that we must protect in a free society. The American Federation of Musicians strongly condemns the decision to take Jimmy Kimmel Live! off the air. We stand in solidarity with all those who will be without work because of government overreach.”

It is because the arts have long served as a mirror for society that the current trend of censoring those who express opinions considered controversial must be countered by the collective resistance and action of all artists. In the words of President John F. Kennedy, “If art is to nourish the roots of our culture, society must set the artist free to follow his vision, wherever it takes him. We must never forget that art is not a form of propaganda; it is a form of truth.”

I can’t recall a time when we have been in more urgent need of the voice of our artists than at the present. It is a time when public support for all the performing arts has become even more critical. The AFM is working with fellow trade unions to build coalitions and work collaboratively to advocate for artists and influence policy, with support for the National Endowment for the Arts as a prime example.

There have been decisions made by artists who, as a form of political statement, chose to cancel their performance commitments. The end result is that an important platform has been abandoned, and we’ve lost a critical opportunity to engage with audiences directly in this consequential time. In any case, the atmosphere in which artists are currently working will certainly impact the cultural landscape and possibly the foundations of artistic freedom.

Defending the freedom of performing artists is not an option at this point; it is essential and necessary for our society and for the values that we consider most important. When art is only allowed to reflect what is safe and approved, we have lost a mirror that shows us who we really are.

A Recipe to Organize

Ingredients: 1 part union musicians; 1 part other local unions; 1 part local organizations; 1 part local elected representatives

Start by gathering a group of musicians and identifying core issues. Sprinkle in a survey, followed by member-to-member conversations. Share information, take it to a musician’s union meeting, develop consensus, and let rise.

Next, fold in other unions by arranging for musicians to speak at their local member meetings. Talk about what it means to be a working musician and mix in commonalities such as providing tools, work clothes, and transportation. Add a pinch of training and expertise and mix. Ask for their input and build relationships. Let it rise!

Create a resolution to take to your central labor body, and with the support of the other unions, pass the resolution. Enlist their aid identifying community and faith-based organizations that could be mixed in to support your goals. Let it rise, again!

Fold in local organizations and develop support. The community needs to understand how a healthy, thriving music scene will benefit them. Get their input and adjust as needed to strengthen alignments. Turn up the heat and let it cook!

Prepare the toppings. Arrange with your partners to meet with local elected officials. Demonstrate the alignments and support for your initiative within the greater community they represent. Enlist their aid with refining your end goals. Once all the ingredients are in, and the flavors are aligned, bring it to a vote!

I’ve witnessed other unions use this recipe successfully and thought you all might like to try it. If the ingredients are added in properly, with full buy in and participation, then political divisions can be crossed successfully. It may not turn out perfectly the first time, but the recipe can be tweaked as time goes on to make improvements. It is foundational work that can be built on over time.

I have a vision of community workforce agreements that would guarantee musicians appropriate compensation for work in any city, county, or state function. It could include music performances in parks, libraries, schools, state hospitals, airports, or any other publicly funded entity.

Even if a first attempt fails, the time is not wasted. More people become educated about musical work and start to see musicians as being important workers in the community that they care about. Relationships with community members also build audiences for musical performances and engagements.

Building this foundation in your community sends a message to contractors and employers of musicians. They need to do their work properly to ensure they are meeting the requirements their community expects, not just what musicians expect. Contractors and employers have the responsibility to raise funds and provide a safe workplace for musicians, but they need to be told what the expectations are, and the expectations need to be enforceable.

I wish it was enough to be good at your job, to provide beautiful performances, and to excel on your instrument. I’ve heard the statement so many times that “cream will rise to the top,” but there’s another truth from wastewater workers that I’ll leave to your imagination.

I believe that music is what brings people together across all divisions. With technology infiltrating our lives on a minute-by-minute basis, it’s important for people to come together and celebrate our humanity. Music can do this better than any other art form.

Thank you all for your work, but please consider taking the next step of blocking time to attend your local union meetings and get involved!

Don’t Leave Money on the Table: Protect Yourself and Your Intellectual Property Rights

Now more than ever, it is essential to document your recording work by putting it under an AFM contract. The music industry has undergone significant shifts over the past few decades, with its rules changing dramatically.

The days of major record labels and high-level managers controlling every aspect of an artist’s career are long gone. The creative use of social media provides PR opportunities that were unthinkable just a few years ago. The seemingly endless parade of unpredictable success stories of independent artists who break through the old barriers continue to throw the past business models to the curb.

Every musician knows that there is recording going on in the jurisdictions of every local in the AFM. The important fact every musician needs to know is the tangible value of documenting their work with an AFM recording contract. And they need to find ways to help employers and producers understand that it’s valuable for them too. For example, many people don’t know that an AFM contract makes the recording a “work for hire,” which protects the employer on several levels. The AFM continues to adjust our union recording agreements to align with new parameters as they emerge. Musicians who make the effort to bring those agreements into their world will realize the benefit of doing so.

One benefit is compensation for the use of studio tracks onstage. For years, it was simply deemed “illegal” to do so, as it would displace live musicians. As technology made syncing up recorded tracks with a live performance much easier, the use of studio tracks in concert became commonplace. As more artists began using tracks onstage to enhance their shows, we came up with a per show rate, based on touring Broadway musicals, that was reasonable and realistic.

We took this idea to the record labels and it was incorporated into the Sound Recording Labor Agreement (SRLA). Local 257 (Nashville, TN) has billed and collected nearly $1 million for musicians whose tracks were used onstage. We have had to explain to artists that the intellectual property they are using belongs to the label, and that the artist is responsible for payment to musicians. Someone has to say something to start the process. Don’t be afraid to speak up.

Another way to make sure your work is covered, even when you are recording at home, is to use the Single Song Overdub agreement. It is the only AFM recording agreement that is per song rather than by the hour and that also allows you the option to make your own pension contribution, if desired, via designation by the employer on the agreement. The scale, health and welfare, and pension are all built into the round number, and the Single Song worksheet shows you the breakdown.

After completing the work, send the overdub to the employer in a mix, but do not send them an isolated track until you have been paid. You can then file the contract and agreement with your local, and make the correct pension contribution for the amount received using the Single Song worksheet. This agreement can also be used in combination with a Local Limited Pressing agreement. The upgrade parameters are the same as for the Limited Pressing.

As the big budget days of the last century fade away, Low Budget Master is also on the rise as a win-win for players and employers. In exchange for a little bit of paperwork on the front end to get the project approved in advance of recording, the musicians get credit in the AFM Special Payments Fund for five years. Unlike demo and Limited Pressing sessions, the employer can pitch their music for film, television, and commercials without having to pay an upgrade. The back-end residual payments for employers to the Special Payments Fund are extremely affordable. For example, if an album sells 100,000 units, the back-end residual payment is less than $3,000. A sale of 500,000 units would trigger a residual of $31,000. These numbers are not dealbreakers, and create opportunities for musicians to be paid more than once when their work is used in new ways. That is the power of AFM contracts.

As we get ready to enter negotiations with the record labels for a new agreement, as we have done in our most recent TV and film negotiations, we will continue to look forward and address challenges as they emerge. This is nothing new, we have been dealing with technological advances that affect our work for more than a century. The value of music remains strong, and the AFM will continue to do all we can to ensure that musicians and their intellectual property are respected and valued. But it all starts with you, the players. Help us help you by asking your employers to do the right thing and put your work on an AFM contract. It can make a huge difference in your bottom line over time and into the future.

Protect Your Work and Your Rights Through AFM Agreements

As each one of our Canadian national electronic media contracts have come up for renewal, we have made it a priority to incorporate generative artificial intelligence (GAI) language in the form of side letters to protect our musicians’ work. We take the position that music content produced for film, television, or digital media is covered work, whether or not that work uses GAI or consequently attracts corresponding payments and protections.

The AFM, in its negotiations with the Alliance of Motion Picture and Television Producers (AMPTP), successfully bargained language that was modelled on that of SAG-AFTRA’s. We have taken the AMPTP contract’s model language, added a Canadian lens, and used this as the starting point for our Canadian contract negotiations. The language addresses the three Cs: credit, consent, and compensation.
In Canada, the Liberal government, led by Mark Carney, has incorporated a first by appointing Evan Salomon, Toronto Centre MP, as Minister of Artificial Intelligence and Digital Innovation, a clear indication of the importance of AI to this federal government.

The National Electronic Media Team recently concluded negotiations for renewal of the Canadian Broadcasting Corporation/Radio Canada (CBC) General Production Agreement that included a GAI side letter. Although we started with our model GAI side letter language, it was quickly rejected by CBC. Ethical use of GAI was one of CBC’s concerns.

Their other desire was for flexibility on the use of GAI in producing future musical content. The negotiations came down to arguments over key words like “original.” We achieved measurable language that protects musicians’ work with a reaffirmation by the CBC to engage musicians when they create musical content. The expenditure guarantee is still in place. To be clear, CBC presently does not permit the use of GAI.

The National Electronic Media Team is now in negotiations with the Canadian Media Producers Association (CMPA) for a GAI side letter to the Independent Production Agreement (IPA).

We remind members of their AFM obligations to work only under AFM agreements for recording. Article 15, Section 1 (a) of AFM Bylaws state: “No AFM member shall take engagement or employment or become engaged or employed in the rendering of musical services of any kind (e.g., the making of soundtracks, “sidelining,” etc.) for any type of recorded product (audio and/or visual) unless the person, firm, or corporation providing the engagement or employment shall have previously entered into an appropriate written agreement with, or approved in writing by, the AFM.” In addition, we remind you that the cost of nonunion recording and use of waivers that include GAI are giving away your rights, including moral rights worldwide, and in perpetuity.

Many engagers exploit musicians by demanding they sign blanket waivers that take away all rights to downstream revenues your work may generate, no matter how your work is reused, or how much money that reuse generates. To be clear, we are not talking about self-produced recordings, or where there is no engager (Joint Venture Agreement applicable). Without an AFM agreement, your work could find its way into a commercial, TV show, or even be used to train AI. You will see no additional revenue beyond the onetime payment, and now in this GAI world, there is nothing to prevent you from being displaced in future live work without compensation.

Collective agreements and AFM recording contracts exist to protect your rights to compensation, consent, and control of your work. For further information on recording contracts for your projects, or to better understand a job offer that is accompanied with a request to sign a waiver of your rights, please reach out. The AFM is ready to assist, here in Canada through the Canadian office or your local’s office.