Last month, I announced that I would not be a candidate for International President during the election of officers at the 102nd AFM Convention, scheduled for June 26-29 in Las Vegas. After more than 40 years of service—28 years as president of Local 72-147 (Dallas-Ft. Worth) and 13 years as your international president, I have decided to step away from the calling that has followed me my entire adult life—improving the welfare and interests of the Federation, its locals, and its members.

When I decided to run for AFM president 13 years ago in 2010, I knew how rough the road would be. Our Federation was in the middle of its worst financial crisis ever. The board-restricted Relocation Fund, held in reserve to provide money to move Federation offices upon lease expiration, was owed $1.2 million, borrowed by the General Fund. The Music Performance Trust Fund (MPTF) was in trouble and preparing to wind down. Stress at the Pension Fund had led to the reduction of its benefit multipliers. Federation relationships with two of its player conferences had fallen to an all-time low.

When I accepted the call to run in 2010, I did so to end the bad politics and the confrontational policies that pitted country against country, local against local, member against member, and had us blaming each other for the expensive internal turmoil at a time when we needed leadership and change. I wanted to do more than just beat back that kind of politics in the short term. I wanted to end it once and for all. In 2010, we changed things for the better because we believed in the unlimited potential of the union.

I’ve studied the history of our union, and our story has never been an easy one. It’s been about rising to the moment when the moment was hard. It’s about rejecting division for unity of purpose. That’s how we came together as a union back in 1896. That’s how we bargained the theater pits in the 1920s, radio in the 1930s, records in the 1940s, and television in the 1950s. That’s how we won MPTF and our pension fund to begin with. That’s how we overcame dual unionism in the 1960s. That’s how we won intellectual property rights in our performances on satellite radio and webcasting. That’s how we won streaming residuals in live television. And that’s how we will win streaming residuals from producers of motion picture and television films.

If we want to meet the challenges of the moment and those of the future, we need to continue to heed our past and stay beyond the old divides between player and union. We need to reject the self-centered path of individualism and uphold the values of unionism—that an injury to one is an injury to all.

Thirteen years ago, a new AFM administration did all of that and more. As your president, I went through the Federation’s budget line-by-line, cutting useless expenses and making necessary programs work better and cost less. We returned to fiscal responsibility and civility. The changes made during those first few years led to smart decisions that set the foundation for the strength we needed to preserve the pension fund, renew MPTF, restore fiscal health, and survive the deadliest health crisis in our lifetime. We came together, and we changed this union for the better.

But change doesn’t come from leadership alone—it comes from each of us doing our part, looking after our Federation, our locals, and our members. I’ve seen it happen throughout my decades of service as your president, and as a local officer in North Texas, where I had the privilege to book gigs, confront employers, organize the unorganized, bargain contracts, settle grievances, win arbitrations and lawsuits, and collect the claims.

I’ve loved being part of what is best about our union. I’ve seen it in the faces of the thousands of musicians I’ve recruited into membership, who spoke of their struggles but also of their hopes and dreams. Countless times, by working together, we overcame adversity to improve the lives of professional musicians and their families.

There will be excitement, new energy, and better days ahead for our union. But we will have to work like our future depends on it, because it does. In a few short weeks, there will be new leadership and a new International Executive Board. I hope you will join them to build a new unity of purpose for professional musicians everywhere. And please don’t forget, members who love their union can change it.

In unity, there is strength.

For those of you who have not heard, I have made the decision to retire at the end of my term, which will be July 31. Therefore, this will be my penultimate column for the International Musician. This is the 83rd column I have written for the IM and my final column next month (July), will make a total of 84 columns over the seven-year period that I have been your secretary-treasurer.

Having had the IM “bully pulpit” has truly been a great honor. The honor also came with important responsibilities. The IM, being the official journal of the AFM, required some of my columns be devoted to official business. However, there were many occasions that allowed me the privilege of writing on any topic I desired. When the subject was of my own choosing, I tried not to get too political. Our membership is politically diverse, and I wanted everyone to feel comfortable reading my column. However, from time to time I made an exception, when it was important for the membership to know about specific legislation in Congress that was supportive of labor (and helpful to musicians) and which legislators were sponsoring it.

My initial IM column appeared seven years ago in the August 2016 issue. It was titled “What You Can Expect.” It outlined in general terms how I intended to operate as your new secretary-treasurer. I’ve always believed the secretary-treasurer’s position to be “hands-on,” requiring close attention to detail. I have always felt the job requires a daily physical presence in the office. I have done this all these years and I hope it has produced some good results that you, as members, deserve.

There are a lot of moving parts running the day-to-day operations at the Federation that require consistent oversight, not the least of which are the AFM finances. I have been keenly aware that AFM revenue is derived in large part from the work you do as a musician. Having made a living as a professional musician for over 30 years, I experienced the same daily challenges you face. That’s why it’s so important to make sure that every dollar of your dues ultimately goes toward improving the lives and protecting the livelihoods of AFM members. I’ve heard the expression, “It’s the members’ money” indicating that special care should be given to the spending of your dues.

AFM President Ray Hair and I have always been on the same page when it comes to judicious spending of your money, and we have made every effort to “walk the walk” rather than just “talk the talk.” Having a healthy financial position is important because we need to have the ability to fight necessary battles when recalcitrant employers violate our contracts. Conserving our financial resources is critical so that the funds are available when needed for the unavoidable labor disputes that occur. Litigation can be expensive, but when all else fails, it is an important tool to have in the tool kit. It can send a very powerful message.

Over the seven years I’ve served as the international secretary-treasurer (from mid-2016 to mid-2023), the Federation’s unrestricted net assets grew over 92% (audited results at end of year 2022) from $9,170,316 to $17,667,102 (an increase of $8,496,786), in spite of three pandemic years which, presented unprecedented financial challenges for you and the AFM. As you can see, we came through it successfully by managing our expenses.

Other areas requiring oversight and guidance include AFM office operations, computer/IT functions, communicating with and assisting our local affiliates, Labor-Management Reporting and Disclosure Act (LMRDA) compliance, negotiating various contracts we have with the Office and Professional Employees International Union (OPEIU), which represents some of our employees and contracts with outside vendors who provide services to the AFM.

Maintaining the smooth and efficient running of the Federation office allows the international president to focus on representing AFM members on the world stage. The president also negotiates contracts that improve wages, benefits, and working conditions of the bargaining units that work under Federation agreements. He also supports bargaining units during labor disputes and litigates disputes with employers, when necessary, and performs many other critical tasks too numerous to list.

One goal President Hair and I were unable to achieve was the purchase of property that would allow us to own our AFM office space. We came very close, but in the end, we were unable to close a deal that was beneficial for the AFM. This, however, had a silver lining. Instead of purchasing, we were able to sign a 15-year lease and build out new and (I might add) beautiful office space on the ninth floor of the Paramount Building, centrally located in Times Square. Looking back, it was a blessing in disguise because the large expenditure for the purchase of a property would have left us cash poor and ill equipped to handle the financial challenges of the pandemic, which lay just around the corner.

Finally, we made it through the pandemic together. There were many nights we lost sleep not knowing what new curveball the pandemic was going to throw at us. When music venues were closed and musicians had little or no work, the AFM continued to function. Among other tasks, during the pandemic we sent out “new use” checks, assisted locals, advocated for supportive arts legislation in Washington, DC, and Ottawa, and fought for much needed expanded unemployment. 

Managing AFM expenses conservatively was key to our survival. The experience has made us stronger and your union is well prepared to take on whatever challenges tomorrow may bring. Thank you for allowing me the privilege of serving as your secretary-treasurer all these years.

Lire cette chronique en français: https://internationalmusician.org/enfin/

It was almost 30 years ago that the AFM International Executive Board (IEB) approved a document for use in Canada to cover theatrical motion pictures and episodic television film, which were considered Canadian content. More specifically, the productions had to comply with established criteria, such as certification through the Canadian Audio-Visual Certification Office (CAVCO) and attain sufficient points on a system where Canadian actors, directors, composers, and other professionals were engaged. That document was called Canadian Content Production Rules (CCPR).

The genesis of this was based on testimony from musicians and composers who did the work and found that “Canadian content” had such a low global impact and uptake, that residual payments through the Film Musicians’ Secondary Market Fund (FMSMF) were miniscule or nonexistent. CCPR provided for a higher front-end payment with no participation in the FMSMF. By all measures, the exercise was successful—until it wasn’t.

In terms of technology, shifting global markets, emerging platforms (new media) and big tech companies, the landscape has changed dramatically. Scoring budgets were reduced, sometimes dramatically, to accommodate small internet productions because “new media was an experiment and there’s no money in it.” Composers were pushed to give up part or all their writers’ share, and score cheaper using digital audio workstations, as opposed to using live musicians. Or they sent their score overseas to Prague or Bratislava to be recorded by European musicians.

Added to this has been a shift from traditional broadcasters (e.g., Canadian Broadcasting Corporation) producing in-house, to outsourcing via independent producers. The amount of work contracted through broadcast agreements shrank, but the number of signatories to CCPR has declined as well. Meanwhile, TV and film production has boomed, and the “experimental” internet streaming platforms have exploded. Still, musicians and composers are earning less and have been coerced out of copyrights and deprived of residuals. As usual, everyone was getting rich except the artists.

At the centre of all the action is the Canadian Media Producers Association (CMPA), which boasts nearly 500 member production houses across Canada, a mix of small mom-and-pop shops to very large companies. To place this work under contract, several efforts were made in the past to engage CMPA in collective bargaining. They refused. And since these producers are of provincial jurisdiction, they could not be compelled to bargain by virtue of federal Status of the Artist. What to do?

In 2018, I made the brash decision to withdraw access to CCPR. That meant, if a production was commissioned by CBC, it had to be done under our General Production Agreement. Within two days, our office was asked to attend an emergency meeting with some producers and lawyers, all extremely agitated by this turn of events. At that meeting, we were given assurance that CMPA would, indeed, come to the table and bargain an independent production agreement. And so, it began.

Negotiating a new agreement from scratch is challenging. It was made even more so in that we initially tabled our General Production Agreement as the model. It became clear that there were major differences between a broadcaster who produces and owns the intellectual property, and a gun for hire production company. Suffice to say, there were many areas of contention, including a philosophical difference between what employers believe artists deserve and how an artist views their contribution to the creative process. One such example led to a heated exchange during the fourth round in Vancouver. CMPA continued to demand a “rights acquisition” package, in perpetuity, which included moral rights of the artists. Incensed by their arrogance, we walked away from the table.

Months later, both parties agreed to continue bargaining, as CMPA now saw the value of such an agreement. Then, of course, the pandemic struck, and negotiations were relegated to sporadic bouts over Zoom. Progress over that medium was slow, and not conducive to sidebar discussions. However, by November 2022, we were able to resume in-person bargaining. Upon conclusion of those meetings, the number of issues remaining were less than a dozen. Another round was scheduled for April 2023.

I am happy to report that in the wee hours of the last day, we were able to reach a tentative agreement. As in all negotiations, neither side gets everything they want; there is always some compromise, and such is the case here. For instance, the producer is still able to acquire distribution rights in perpetuity, however, there are more hoops to jump through and the cost is greater.

There are two options. In the first, upon payment of the base rate plus 15%, the producer can acquire the rights for a two-year period, and an additional 15% per year after that up to four, where it becomes 10%. The second option allows a 10-year buy for an additional 55% above the base rate. They may then acquire perpetuity for an additional 10%, or a total of 65% over the base rate.

What does that mean? The current base fee for CCPR (three-hour session) is $386. This new agreement begins with a 3% increase over that, and 3% more for each year of the three-year deal. That means, if the producer picks up all the options to acquire perpetuity, the musicians will now see a contracted fee (by the end of the agreement) of $671.64, plus 12% pension. I would call that a win.

There is another area of compromise, regarding new media productions where the total budget per episode is less than $25,000. In this case, the base rate is reduced by 15%; however, all the step-ups under both options are still applicable.

There is still much to do in terms of editing, then sending out for ratification. However, we are projecting an effective date of January 1, 2024. I would like to extend my gratitude to the CFM team, which has changed somewhat since the negotiations began five years ago. Those who were at the last two rounds are: AFM International Vice President Bruce Fife; Local 149 (Toronto, ON) Executive Director Dusty Kelly and Vice President Dr. Rea Beaumont; Doug Kuss of Local 547 (Calgary, AB); Local 571 (Halifax, NS) Secretary-Treasurer Varun Vyas; and CFM Executive Director Liana White, Director of Administration Susan Whitfield, and Contracting and Licensing Coordinator Carl Schilde. All these folks went above and beyond, enduring frustrations, outbursts, and conflicting ideologies to deliver the best possible agreement for Canadian musicians. I am forever in their debt.

Women in Music Canada Names New Committee Members

Women in Music Canada (WIMC), an advocacy group dedicated to advancing the cause of gender equality in the music industry, announced its 2023 board of directors and executive committee.

Liana White, executive director of the Canadian Office of the AFM and member of Local 180 (Ottawa, ON) and Local 518 (Kingston, ON), who served as secretary for five years, has been named chair. The previous chair, organization founder Samantha Slattery, has stepped back to assume the role of board chair. Trisha Carter has been elected vice chair and Kristy Fletcher (CARAS/MusiCounts) will serve as secretary.

White says, “Along with these many Canadian women, I applaud Samantha for her years of sacrifice to build Women in Music to help sound our voices and advance our careers.”

Women in Music Canada has been an inspiration for women across Canada to form provincial chapters of the organization. Slattery founded Women in Music Canada in 2014 and has guided the organization over the past decade, building a membership of more than 2000, developing the WIMC director, and launching collaborations such as the Allies in Action program with the JUNO Awards. White adds, “This is not a farewell, as we will continue to work alongside Samantha in her continued endeavors in our industry.”