President’s Message

Much of the work the Federation does to advocate for musicians’ interests and influence laws and policies that protect them happens through the relationships we’ve built in Washington, DC. Ben Kessler is our director of government affairs. Last month, I joined him for a few days in the capital to discuss your interests directly with your representatives.

• We met with Representative Sydney Kamlager-Dove (D-CA), who serves on the House Foreign Affairs Committee and House Committee on the Judiciary. We covered a range of topics that included intellectual property and the unique needs of scoring musicians.
• We discussed AI and arts funding during our meeting with Representative Maxwell Frost (D-FL), who serves on the Committee on Oversight and Accountability. A talented musician himself, Frost is an advocate for AFM members.
• We met with Senator Adam Schiff (D-CA), a ranking member on the Senate Judiciary Committee’s Intellectual Property Subcommittee, who is a champion for creating transparency in AI development and protecting musicians’ jobs.
• Our conversation with Senate Minority Leader Chuck Schumer (D-NY) included the need to move American Music Fairness Act out of committee and through the legislative process as soon as possible. He has been a longtime advocate for the union.
• During our meeting with Representative Jamie Raskin (D-MD), ranking member of the House Committee on Oversight and Accountability, he expressed support for AMFA and performers’ rights.
• We met with Representative Pramila Jayapal (D-WA), who serves on the House Judiciary Committee and is the ranking member of the Subcommittee on Immigration Integrity, Security and Enforcement. We discussed the many issues facing our Canadian members as well as protecting the rights of Seattle musicians. We also spoke about the cruelty of requiring transgender and nonbinary artists to list their gender at birth in document applications.

AFM Legislative Priorities

Tax Incentives for Postproduction Work—Many nonsignatory television and film productions are now scored overseas with cheaper, nonunion orchestras. New postproduction tax incentives could encourage producers to hire US musicians and studios and keep this work at home. We talked to elected officials about the importance of advocating for musicians’ jobs in the US.

Copyright and GAI Protections—With several cases on generative artificial intelligence (GAI) before the courts and uncertainty at the US Copyright Office, we need more allies in Congress to establish meaningful safeguards that protect featured artists and session musicians alike. We presented our concerns about maintaining the autonomy of the US Copyright Office in the wake of the attempted firing of the Register of Copyrights. The AFM supports those who are working with us toward consent, credit, and compensation when our work is used for AI development.

American Music Fairness Act—The American Music Fairness Act (AMFA) would allow compensation for musicians for AM/FM radio plays. The proposal would end special treatment for broadcasters while protecting small and local radio stations from arduous fees. Our opponents spend millions of dollars every year just to keep from paying musicians fairly. The AFM is also in conversations with members of Congress and a range of stakeholders on how to best improve streaming platform compensation models. 

P-2 Visa Processing—What was already an expensive, slow, and difficult process for Canadian musicians wishing to obtain a visa to work in the US has become even worse. The situation was compounded by the shutting down of the Office of the Citizenship and Immigration Services Ombudsman after its staff was put on leave. This effectively ended immigration oversight.

Supporting Our Members

While in Washington, I met with senior staff at the Canadian Embassy. It is a critical time for the AFM to have open lines of communication with both the US Embassy in Ottawa and the Canadian Embassy in Washington, DC. The P-2 visa process has failed Canadian musicians for some time. And with the firing of the staff of the Office of the Citizenship and Immigration Services Ombudsman responsible for immigration services, we must look elsewhere for transparency and accountability. During our meeting at the Embassy, we discussed advocacy strategies and the need to engage US stakeholders if we are to affect change. We acknowledged the harm the visa application gender identification policy is having on our trans and nonbinary members. Unfortunately, the position of the Trump administration is unwaveringly cruel in its position.

Finally, I made time to meet with our AFM members of Local 161-710 (Washington, DC), who are working at the Kennedy Center during this very uncertain time. I listened to the concerns of those members facing challenging workplace conditions and assured them that the AFM is here to help. We are discussing the situation with other labor unions to present a unified stance in support of all Kennedy Center workers.

Boost Our Legislative Efforts Through a TEMPO Contribution

These visits to the capital and Kessler’s continued work are important for moving our priorities forward. As mid-term elections approach, supporting the campaigns of those elected leaders who fight for our concerns is more important than ever. We must restore balance in our government in order to protect the needs of musicians and union workers across the country.

TEMPO contributions allow the AFM to support lawmakers and candidates who advocate for issues critical to musicians. Please consider making a contribution to TEMPO. Every donation makes a difference.

Visit: https://www.afm.org/what-we-are-doing/legislative/tempo/

Remembering Bill Moriarity

My friend, former Local 802 (New York City) President Bill Moriarity, passed away at the end of April. He was a mentor with whom I sought counsel on a regular basis. Whether it was bargaining strategy or pension issues, I could always count on Bill to provide a fresh perspective on any problem at hand. The things I learned from him provided me with the tools to be an effective negotiator and president. I still have a copy of the Local 802 Bylaws he gave me when I first talked about running for Local 802 Executive Board. You can read more about his legacy here.

If the delegates to the last AFM Convention made one thing abundantly clear, it was the desire for the Federation to step up its support for locals seeking to organize freelance musicians. These are the musicians least likely to perform under a traditional trade union collective bargaining agreement.

While freelance, indie, and self-produced musicians comprise the biggest population of musicians in Canada and the US, they are especially disadvantaged when seeking employment protections that are available to almost every other worker. Consequently, they are the most challenging for local unions to represent effectively.

The freelance musicians of this decade have entered into a very different music industry from that experienced by the previous generation. When called to play a job, the musicians of the old generation could expect a paycheck from the bandleader at the end of the gig, in an amount at or better than local union scale. The succeeding generations of musicians have had to navigate the burdens of “pay-to-play,” self-marketing, insurance requirements, exploitative streaming platforms, a commercial culture that eschews the very idea of contracts as a way to secure compensation, and a consumer culture that considers itself entitled to free music.

With that as background, I am pleased to report that, with the support of the International Executive Board, we are focusing on increasing our services and visibility to the upcoming generation of musicians. Freelance Services Department Director Wages Argott is leading the effort to enhance AFM’s presence in the lives of freelance musicians and its significance for their careers by engaging in music industry events and trade shows, improving the GoProHosting web hosting service for members by introducing new features and functionalities, and updating the Federation’s musician-specific websites—such as Venuology, a “Yelp-like” place for musicians to write their own reviews of performance venues to improve access and functionality.

Just as important, however, is new partnering between the Federation and its locals to equip the locals to develop and foster vibrant connections with freelance musicians in their communities. The Federation’s Education Committee, which I appointed at the beginning of this administration, has embarked on a new education model for 2025 to assist union locals with exactly this task.

The committee, chaired by International Secretary-Treasurer Ken Shirk, has tasked the heads of the Freelance Department, Organizing Department, and Electronic Media Services Division (EMSD) to develop an integrated education program, combining aspects of traditional labor and community organizing together with the building blocks of the Freelance Department programs and indie musician-specific electronic media structures, designed to facilitate live, functional connections between the working bands and their local unions.

Freelance Director Argott, together with Organizing Department Director Gabe Kristal and EMSD Director John Painting, have designed an excellent two-day workshop for local officers to bring those specific aspects together. The overall goal of the program is to provide locals with a clear template of how a local can start the process of transitioning into an active, community and power-building entity to assist this large, under-represented segment of the industry in gaining influence and control over their economic lives.

The first presentation was given to a very receptive group of local representatives just prior to the Western Conference, held last month in Tacoma, Washington. Responses from the participants were quite enthusiastic. Similar workshops will be presented across the Federation at the Eastern, Southern, Midwestern, and Canadian Conferences in the months to come.

The Federation is funding hotel and per diem for up to 15 participants for these sessions, and participation is open to any local leader or representative who wishes to bring the important information and skillsets back to their own communities. My hope is that as many local officers as possible attend these workshops and implement the concepts and tools learned to rededicate themselves to this union’s primary mission—for all of us as musicians to live and work in dignity, be fulfilled, and be compensated fairly.

In a significant step toward bolstering international solidarity, the AFM hosted UK Musicians’ Union (MU) General Secretary Naomi Pohl and MU Head of International Services Dave Webster at our Times Square headquarters in late February. The MU represents over 36,000 musicians across the United Kingdom. As many of you know, the AFM has a long history of working with the MU, particularly within the theater, motion picture, and sound recording industries. Through our joint participation in the International Federation of Musicians (FIM), we also work closely together on issues that affect professional musicians everywhere.

The visit recharged our long-standing collaborative relationship. Our discussions centered on finding common ground in navigating the rapidly evolving landscape of the music industry. Much of our conversation explored strategies for protecting our members’ rights in the face of generative AI. This includes the deficiency of streaming revenue, and the importance of copyright protections that safeguard musicians’ intellectual property that is based on the human creative process. We discussed the challenges UK musicians encounter when traveling to the US for performances, especially in the current political climate, which is also hurting our Canadian members.

Additionally, we explored the contrasting models of orchestral funding, noting the UK’s government support system compared to the US system, which depends heavily on endowments, grants, and ticket sales. This comparison allowed us to share insights and explore potential avenues for mutual support and advocacy.

MU General Secretary Pohl stated, “Our visit to the AFM in New York was so valuable to the British Musicians’ Union. So many of our members’ issues are crossing the border, fighting for a fair deal from new technologies and artificial intelligence, seeking equality and promoting diversity in workplaces, preventing sexual harassment, and bargaining for improved pay and conditions. We have so much in common, and working together gives us more power.”

Webster added, “Having met with AFM representatives from the United States and Canada at the Folk Alliance International Conference in Montreal, it was an added bonus to spend a couple of days with President Gagliardi and his colleagues in New York City. We talked at length on issues of shared concerns and cemented a long-standing friendship between our two unions. There is so much we can learn from each other in our shared fight to support our members.”

These sentiments underscore the importance of international solidarity and the power of collective action. In a demonstration of the deepening partnership, I have been invited to attend the MU’s biannual Delegates Congress, scheduled to take place in Liverpool, England, in July. This invitation provides an opportunity to witness the MU’s membership and policymaking processes firsthand, further solidifying the bonds between the two organizations. I am committed to continuing this vital dialogue with the Musicians’ Union, working together to safeguard the rights and livelihoods of musicians worldwide.

New York State Film Production Tax Credit

Recently, I had the honor of meeting face-to-face with New York Governor Kathy Hochul (D) regarding our ongoing efforts to secure meaningful participation for musicians in the New York State Film and Television Tax Credit. As many of you know, this has been a passion project of mine since becoming president of Local 802 (New York City) in 2010. Much like our efforts with the California Entertainment Union Coalition, I am working to ensure New York’s tax credit truly benefits all creative workers.

My conversation with Hochul was productive and encouraging. I emphasized the unique contributions our musicians bring to every production, enhancing its artistic integrity and emotional impact. I stressed the need for policies that specifically recognize and incentivize the employment of AFM scoring musicians. This is a critical step forward, a testament to our collective advocacy and persistent efforts.

While the promise of increased production and subsequent employment opportunities was initially enticing, the reality could continue to fall far short of our expectations. However, I remain optimistic. We’ve made significant strides by successfully including our key initiatives in the Senate One-House draft budget. We must ensure that the tax credit program truly benefits all facets of the New York State creative economy, including AFM scoring musicians.

Live TV Videotape Agreement

Following three rounds of negotiations, a tentative successor Videotape Agreement was achieved on February 28, delivering substantial benefits to its members. The proposed three-year contract includes:

•Wage increases of 5% in the first year, 4% in the second, and 3% in the third.

•$5 increases in the Health & Welfare (H&W) day rate contribution in each successive year, plus a new 2% of wages H&W contribution on residuals (subject to a cap).

•Work dues checkoff on original session work, allowing dues to be deducted from wage payments, which should streamline this payment for all parties including musicians and locals.

•Addition of a Grievance & Arbitration procedure.

•Changes in the new media side-letters to bring components in line with other unions and guilds, including excerpt use language that aligns with a provision bargained by our colleagues at Screen Actors Guild–American Federation of Television and Radio Artists (SAG-AFTRA), made for new media coverage matching what was achieved by the Directors Guild of America in 2023, and an increase in the percentage residual for shows that are streamed on Advertised Video on Demand (AVOD).

•Protections in generative artificial intelligence that support what was bargained with the Alliance of Motion Picture and Television Producers (AMPTP).

We will be sending out the ratification details soon.

President Trump’s election has new consequences on our industry every day. As the AFM president representing musicians, I am outraged when I see government overreach and unlawful acts that jeopardize our safety and threaten our rights as workers. On stage, on public television, or anywhere in between, the AFM stands against undue influence from the federal government designed to suppress our right to free expression. Our art is our speech. And we must be allowed to share our music free from politically-motivated government intimidation. Democracy only thrives with artistic expression.

The Trump administration is defying norms at our federal cultural agencies and beloved institutions. Now is the time to remain steadfast in our mission and affirm our values. We can oppose the forces of exploitation through our union solidarity.

We will never stand for federal interference with our members’ hard-earned contracts and the standards that follow. And we must treat each other with respect and dignity without regard to ethnicity, creed, sex, age, disability, citizenship, sexual orientation, marital status, family status, or national origin. As a union, we oppose those who seek to limit our freedom to express ourselves as musicians.

Recently, I issued a statement condemning the unlawful firing National Labor Relations Board (NLRB) Member Gwynne Wilcox. The AFM joined with our fellow unions in AFL-CIO endorsing a congressional letter to Trump calling for the immediate reinstatement of Wilcox to the Board. All Congressional Democrats and one House Republican signed that letter expressing outrage at the clear violation of the National Labor Relations Act.

Trump campaigned on putting employers first. Leaving the NLRB paralyzed with unfilled vacancies does just that. Without an NLRB to enforce the law, workers are left with little remedy in the face of union-busting and threats to workplace standards. The independence of the NLRB is critical to its mission. In firing Wilcox, Trump has discarded nearly nine decades of precedent.

The flurry of adverse executive orders from the Trump administration will naturally tempt us to react to each one. We cannot take the bait every time. But I will speak out when I see laws broken and our members’ livelihoods threatened. To that end, the AFM will always work to protect our members in the United States and Canada.

At the beginning of February, I joined Vice President from Canada Allistair Elliott in a message of solidarity. We will not stand idly by when President Trump threatens a trade war with Canada. As we said at the time, no outside forces can change what brings us together. On both sides of the border, we are all musicians deserving of a fair contract and a safe workplace. I will continue to work with Elliott to achieve those goals for our members in Canada and the United States.

If your job, your contract, or your safety is threatened, we will support you. Now is the time to speak out and be there for each other. As I wrote the day after the election, our solidarity is needed now more than ever.

As we enter Black History Month, I’m filled with a profound sense of gratitude for the immeasurable contributions of Black musicians to the vibrant tapestry of American music and for the contributions and sacrifices of Black labor and civil rights leaders.

But Black History Month is more than just a retrospective. It’s an opportunity for reflection, for learning, and for action. It’s a time to acknowledge the systemic racism that long plagued our industry, from discriminatory hiring practices to the underrepresentation of Black voices in leadership positions.

As your union president, I am committed to using my platform to advocate for a more equitable and inclusive music industry. We must work together to dismantle the barriers that continue to hold Black musicians back, to amplify their voices, and to create a truly level playing field for all.

TEMPO Fund: Issues for US Musicians

As the 119th Congress gets into full swing following last month’s inauguration, I wanted to remind you about our Taskforce for Employment of Musicians Promotional Organization (TEMPO) fund. This fund supports US lawmakers and candidates who champion issues important to musicians, including artificial intelligence, tax policies, copyright, and performance rights. These lawmakers understand the issues that musicians face every day.

Federal law prohibits your dues money from being used for most political purposes. That’s why musicians have established TEMPO, which is solely funded by small contributions given by AFM musicians—like you.

Below, I have highlighted some of the key legislative issues that AFM Director of Government Affairs Ben Kessler is actively working to address. I invite you to help us by advocating for these legislative proposals and supporting our work through your TEMPO donation.

Protect musicians from artificial intelligence (AI) exploitation—All musicians must have control of their work and receive fair compensation. The Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act (H.R. 9551/ S. 4875) and Preventing Abuse of Digital Replicas Act are meaningful first steps toward protecting artists from exploitation. In addition, the Generative AI Copyright Disclosure Act would create transparency in AI.

Protect the right of workers to organize and collectively bargain—The Richard L. Trumka Protecting the Right to Organize Act (H.R. 20 / S. 567) would ensure all workers have the right to organize and collectively bargain without interference.

Ensure artists are compensated fairly for use of their recordings—The American Music Fairness Act (H.R. 791) would ensure artists are compensated when their music is played over terrestrial radio. The Protect Working Musicians Act (H.R. 5576) would allow artists to collectively negotiate with platforms and receive fair compensation for their streaming work (see page 6 for more information on streaming compensation).

Support and build strong arts education—The Arts Education for All Act (H.R. 5463) would expand arts education programming, creating more opportunities for working musicians, expanding access to arts participation, and training the next generation of artists.

Update outdated copyright regulations—Section 512 of the Copyright Act, which limits a service provider’s liability for infringed materials, needs to be updated. The safe harbor provisions are outdated and do not reflect changes in technology over the last 25 years.

Ensure equality among musicians and other workers—The Equality Act would prohibit discrimination based on sex, sexual orientation, or gender identity. The Federation supports policy measures that promote diverse talent pipelines and inclusive hiring.

Increase federal funding for the arts—National Endowment for the Arts (NEA) grants create jobs for musicians—with strong workplace protections—in all states and jurisdictions. The AFM supports increased NEA funding to at least $1 per capita (roughly $336 million).

Implement fairer tax policy and deductions for performing artists and union members—The Performing Artist Tax Parity Act (H.R. 2871) would update the Qualified Performing Artist tax deduction. Tax Fairness for Workers Act (H.R. 4963/S. 738) would make union dues tax deductible once again. The No Tax Breaks for Union Busting Act (H.R. 5456/S. 737) would end tax benefits for interfering in workers’ right to organize.

Reform ticket sale laws to protect music fans from exploitive pricing—The Fans First Act (S. 3457) would empower artists to control and protect consumers from predatory ticket sale practices.

All musicians deserve good wages, decent working conditions, health care, and a secure retirement. Your TEMPO contribution will allow the AFM to support lawmakers and candidates who advocate for these issues important to working musicians.

Please visit: www.afm.org/what-we-are-doing/legislative/tempo/ to donate today. Your donation of any amount will make a difference when it comes to ensuring the voice of musicians is heard in Washington, DC.

Contributions to TEMPO, PCC, the AFM’s separate segregated political fund, are used to help members of Congress who support AFM issues. TEMPO contributions can only be accepted from US members and are NOT tax deductible. Your decision to give is strictly voluntary and is NOT a requirement of membership in the union. For more information, please contact: TEMPO Coordinator Sandra Grier, 212-869-1330 ext. 215 or sgrier@afm.org.