President’s Message

On September 4, the Federation opened negotiations with the major television networks (ABC, CBS, and NBC) for a successor Live Television Videotape Agreement. During this first round, both sides exchanged opening proposals and returned initial impressions to the other side.

In addition to much-needed structural changes to some sections of the agreement, the AFM is focusing on advancements toward new media parity with agreements from other guilds. We are seeking protections against the encroachment of artificial intelligence (AI), increased health care contributions, and better compliance and enforcement procedures within the contract.

The parties will reconvene for a second round of bargaining in early November. (You can read additional details about these negotiations and our kick-off rally on page 11.)

Legislative Priorities

During mid-September, my focus shifted to our legislative priorities and connecting with our allies on Capitol Hill. I traveled to Washington, DC, to meet with Ben Kessler, our new director of government affairs. Together, we attended a Labor Advisory Committee meeting to discuss the impact of AI on musicians.

While in Washington, DC, we met with AFL-CIO President Liz Shuler and Secretary-Treasurer Fred Redmond. We discussed many issues facing all workers, and especially AFM members. The most important outcome of such meetings is our work to strengthen relationships with other AFL-CIO affiliate unions.

We attended the Department of Labor’s Century of Service Celebration, which paid tribute to nine labor unions who, as of this year, have fought for worker rights for more than 100 years. (The AFM, founded in 1896, was inducted 28 years ago.)

Following the induction, Acting Labor Secretary Julie Su led a panel discussion on the labor movement’s future and how to build on worker equity to create a multiracial, multicultural, multilingual, and multigenerational movement that benefits all workers. The discussion highlighted national and local union commitments to foster a diverse workforce and establish committees for underrepresented workers to encourage deeper involvement in their unions.

We attended a “For the Record” event at the Capitol Visitors Center, which was co-hosted by the Recording Academy, Kennedy Center, and the Library of Congress. This provided an opportunity to speak with members of Congress, representatives from the Copyright Office, the National Endowment for the Arts (NEA), and other stakeholders about some of our legislative priorities. Among those discussions:

• Representative Judy Chu (D-CA) expressed support for the Performing Arts Tax Parity Act (PATPA) of 2023. We discussed other tax proposals that benefit unions and how we can work together in the future.
• With Representative Chellie Pingree (D-ME), we discussed a range of issues, including immigration and instrument handling at airports. She is chair of the Congressional Arts Caucus and lead Democrat on the Appropriations Subcommittee with jurisdiction over the NEA.
• Representative Jerrold Nadler (D-NY) is lead democrat on the Judiciary Committee, which has intellectual property jurisdiction. I thanked him for his steadfast support on copyright and AI issues. Nadler expressed his general support for human artistry and musicians.
• In our meeting with Representative Suzanne Bonamici (D-OR), we voiced support for her Arts Education for All proposal and discussed the importance of arts education and the harm it causes when its cut. We also discussed the Bipartisan Taskforce on AI and how it can protect musicians.

While in DC, I attended the NEA National Heritage Fellowship ceremony at the Library of Congress. The fellowship is known as the nation’s highest honor in folk and traditional arts and celebrated 10 extraordinary artists who shape America’s cultural heritage. This year’s music honorees included rockabilly and country musician Rosie Flores, fiddler Trimble Gilbert, koto player and Local 47 (Los Angeles, CA) member June Kuramoto, along with traditional Zuni dancers and singers Zuni Olla Maidens.

Strategic Planning

At the end of September, members of the AFM International Executive Board (IEB) traveled to Washington, DC, for a strategic planning session, in accordance with AFM Bylaws, which require the IEB to formulate a three-year plan. To help us facilitate our plan, we worked with Susan Schurman, professor of labor studies and employment relations at Rutgers University and former executive director of the George Meany Center. Her research and teaching focus on leadership, organizational effectiveness, and labor-management relations.

Schurman serves as an advisor to many national unions and is no stranger to the AFM. She oversaw the creation of the AFM’s officer education program in 1999. In 2012, she helped guide the merger of the Screen Actors Guild and American Federation of Television and Radio Artists (SAG-AFTRA).

We are just getting started with this process, and we are optimistic that this strategic planning will help guide the future of the Federation.

As election day approaches, I would like to take a moment to recognize the importance of politics to our union, and the work of our own National Legislative Office. From this Washington, DC base, the AFM is able to build relationships with political allies and lobby for issues that are important to musicians and other union workers.

After dedicating nearly three decades to spearheading AFM’s legislative engagement, Alfonso Pollard has made the decision to retire. I would like to take this opportunity to express my sincere appreciation and heartfelt gratitude to Pollard for his unwavering commitment and tireless efforts in advocating for the best interests of our members. His leadership, dedication, and hard work have made a lasting impact, and his presence will be truly missed. You can read more about his career on page 9.

I am pleased to announce we have named Ben Kessler as our new legislative and political director. Kessler is an intellectual property lawyer with 10 years of federal government advocacy experience and a passion for live music. He most recently served as director of federal affairs for the National Endowment for the Arts (NEA).

During Kessler’s tenure at NEA, he oversaw the organization’s largest annual appropriation increase, from $167.5 million to $207 million. He also served as the point of contact for the AFL-CIO Department of Professional Employees arts union affiliates and was instrumental in publishing the NEA and National Endowment for Humanities (NEH) Prevailing Wage Fact Sheet.

After graduating from Amherst College in 2007, Kessler worked in the office of oversight and investigations in the United States Senate Committee on Aging. Following his time on the Hill, Ben joined Heather Podesta + Partners (now Invariant Government Relations). There, Kessler helped organize strategic outreach to the executive and legislative branches of government on behalf of a broad range of clients.  

With an eye toward combining his love for music and the arts with his expertise in advocacy, Kessler enrolled at the American University Washington College of Law, where he focused on intellectual property law. While in school, he fortified his passion for protecting creators, spending his summers working for the Future of Music Coalition and Copyright Alliance.  

Our Current Priorities

As he begins his work for the AFM, Kessler will be instrumental in lobbying for some of our core priorities: musicians rights, artificial intelligence (AI) protections, tax parity, the American Music Fairness Act, health care, NEA funding, and protecting our right to organize.

• NO FAKES Act of 2024—The Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act would protect musicians from AI-generated deepfakes and voice/image clones. Nonconsensual AI can ruin careers and traumatize victims. We need Congress to act to create clear laws that empower individuals to control their faces and voices while continuing to encourage innovation. Visit www.humanartistry-
  campaign.com for more.
• American Music Fairness Act—It’s long past time for musicians to get their fair share when their music is played on AM/FM radio. The radio industry uses the music of hard-working performers to attract listeners to their stations, but the artists do not receive any performance royalties.
• NEA and NEH Funding—NEA and NEH funds support the jobs of millions of workers, including musicians and other creative professionals. These funds uplift economies across the country. We need to ensure this funding increases annually and is never cut.
• Tax Parity—When the Tax Cuts and Jobs Act (TCJA) was passed, it eliminated the ability of entertainment workers to deduct necessary work expenses. We need to fix this injustice by raising the threshold for Qualified Performing Artists (QPA) to $100,000 for single tax filers and $200,000 for joint filers.

Remember, you can help as well. Tell others about these issues and message or call your representatives. Also, as November approaches, don’t forget to check your voter registration and vote early, if possible, to make sure your voice is heard.

In Remembrance

I would like to take a moment to recognize my friend and colleague David J. Jandrisch, who passed away last month. Jandrisch leaves a long legacy of dedication to the AFM and CFM and served as both a longtime president of Local 190 and vice president from Canada. I first met him when I was new to the AFM Executive Committee. He always had time to speak with me. He was a brilliant and dedicated officer and warm and friendly person. He will be greatly missed by many.

I am pleased to announce that our pension fund’s application for Special Financial Assistance (SFA), provided through the multiemployer pension rescue plan, has been officially approved. The American Federation of Musicians and Employers’ Pension Fund (AFM-EPF) will receive the restorative funding this month. The funding ($1,440,137,839 of assistance, plus $87,701,535.81 in interest from December 31, 2022) ensures that our dedicated musicians can continue to rely on secure retirement income after years of enriching our communities with their talent.

Administered by the Pension Benefit Guaranty Corporation (PBGC), the SFA program—also known as the Butch Lewis Act—was part of President Joe Biden’s American Rescue Plan. It provides security for roughly 200 distressed multiemployer pension plans to remain solvent, ensuring the sound retirement of around 2 million workers for the next several decades.

Background

You may recall the all-out Federation lobbying effort that included our National Legislative Office, player conferences, and rank-and-file members like yourself to push Congress to pass this legislation over the past few years. We are grateful and proud of the grassroots organizing and determination it took to succeed.

The Butch Lewis Act was introduced to Congress in 2017 and 2019, but died in committee both times. It was introduced in its current form in 2021 and passed by the House in February. Senator Sherrod Brown (D-OH) sponsored the Butch Lewis Emergency Pension Plan Relief Act in March 2021. Senate Majority Leader Chuck Schumer (D-NY) fought to include the legislation in the American Rescue Plan—making pension solvency his very first major bill as majority leader. President Joe Biden signed it into law on March 11, 2021.

What the Law Provides

One of the most important pieces of legislation in a generation, the Butch Lewis Act provides financial relief to multiemployer union pension plans like ours that are facing financial distress, improving and securing the finances of millions of workers and retirees. These plans are essential to the dignity and welfare of workers and an integral part of the financial foundation of our communities. Beyond AFM-EPF, supported pension plans for union workers and retirees across industries include:

• 500,000+ Teamsters
• 120,000+ United Food and Commercial Members
• 110,000+ United Steelworkers and United Auto Workers
• 100,000+ Bakery and Confectionery Workers
• 50,000+ Communication of America Workers

Their pension plans will be supported with enough money to pay benefits for decades into the future (at least through 2051). To date, the Biden-Harris Administration has delivered assistance to 83 pension plans, securing the retirements of more than one million workers and retirees.

These types of retirement plans, created through agreements between employers and a union, typically involve multiple employers in a single industry or related industries. The workers and their unions chose to take less wages in their working years to ensure they could have resources for a strong retirement.

A worker whose multiemployer plan became insolvent would have seen their expected pension benefits slashed substantially. Before American Rescue Plan assistance, workers and retirees participating in more than 200 multiemployer pension plans faced the prospect of not receiving the full benefits they earned and need to support them and their families in retirement.

These plans are insured by the PBGC, a federal agency that provides partial protection of the benefits of approximately 11.2 million workers and retirees in approximately 1,400 private-sector multiemployer, union-connected plans. Prior to the Butch Lewis Act, the PBGC’s multiemployer pension insurance program was itself projected to become insolvent in 2026.

Under the American Rescue Plan, pension plans were allowed to apply for assistance on a priority basis set by the PBGC, which administers the SFA program. That priority depends on how underfunded a pension fund may be, as well as other factors. For example, plans that were already insolvent or about to become insolvent were allowed to apply first, starting July 2021. Many of those plans have already received assistance.

The AFM-EPF is considered a priority plan because it is such a large plan. Our application window opened in early 2023. The AFM applied for assistance in March 2023. Now that the PBGC has approved our plan, we should receive our financial assistance in a lump sum this month. The money our plan receives through SFA is not a loan but a grant and does not have to be repaid.

Rules Regarding SFA Funding

Once the AFM-EPF receives the financial assistance, it must be invested in stocks and bonds. The law requires plans to keep SFA money separate from other plan assets. One-third (33%) of the SFA may be invested in “return seeking assets,” generally, publicly traded stocks, and at least two-thirds (67%) must be in investment-grade, fixed income securities, generally bonds. The plan currently expects to invest 100% of the financial assistance in investment-grade, fixed-income securities. All ongoing benefit payments and expenses can be paid out of the SFA money so that the fund’s other assets can continue to grow from contribution income and investment returns.

Under PBGC rules, plans that receive financial assistance are not permitted to increase benefits in the first 10 years after receiving help, unless the increase is for future accruals and is fully paid for with new contribution increases. After 10 years, a plan may request an exemption from this rule, if it can demonstrate that it will avoid insolvency, even with the benefit improvement.

A plan receiving SFA money will not be permitted to allow reductions in employer contributions. An employer’s contribution rate cannot be any lower than it was on March 11, 2021, the date that the American Rescue Plan was signed into law. These restrictions on benefit increases and contribution reductions will expire after 2051. Reductions or increases in contribution rates that took effect July 9, 2021, or later, are disregarded in calculating the amount of assistance. (Lower contributions wouldn’t have resulted in the fund receiving more assistance and contribution increases wouldn’t have resulted in the fund receiving less.)

The Federation remains committed to providing financial security for musicians in retirement. The fund will now be able to pay full benefits through at least 2051 without any reductions in participant benefits.

The AFM-EPF trustees worked diligently to preserve pension funding, which is a vital lifeline for countless musicians in their golden years. Together, we have lobbied and persevered through negative attacks to realize this solution. We are optimistic about the health of the pension fund moving forward.

For more information or assistance with questions, please visit www.afm-epf.org.

Following the Second Quarter AFM International Executive Board (IEB) meeting, held June 12-14 at the Motor City Casino in Detroit, Michigan, I have been reflecting on the considerable progress the Federation has made in the last 11 months.

In April, the Education Committee launched the new AFM Officer Training program at the Western Conference of Locals. Led by Rochelle Skolnick, director of the Symphonic Service Division, and John Painting, director of the Electronic Media Services Division, the training delivers presentations focused on three main areas: 1) “Building Union Power,” covering union and leadership philosophy and problem-solving; 2) “Skill-Building Modules,” addressing on-the-ground topics and issues commonly faced by local officers; and 3) “Nuts-and-Bolts Practices,” focusing on the administration of a local office.

Delegates at the 102nd AFM Convention clearly expressed their desire to see the AFM expand its involvement in organizing activities. To that end, I am happy to announce that we have hired two field organizers and will soon be hiring a researcher, all of whom will be working under the guidance of Director of Organizing and Assistant to the President Gabe Kristal (refer to the columns from the Organizing Division staff on pages 10-13 for more details).

I have appointed an IEB committee to spearhead the “Change the Culture” initiative to address workplace safety concerns. This involves implementing a code of conduct and sexual harassment policy, outlining consequences for violations, providing proactive training, and implementing reporting tools to safeguard our members from discrimination, harassment, and sexual assault, with a focus on protecting our most vulnerable members, such as our freelance and gig musicians.

A recurring topic in workplace discussions, we continuously struggle with the challenge of addressing artificial intelligence (AI) and its potential threat to the careers and livelihoods of musicians, both present and future. The use of this technology could have far-reaching negative implications for society, creators, and cultural diversity. Generative artificial intelligence companies will need to offer protections to musicians providing content, including consent of the musicians for the use of their sound, credit to the musicians, and fair compensation for the musicians whose work and talents form the foundation of the digital replication from existing content or the generation of new content. The current proposed legislation does little to protect nonfeatured session musicians, but rather focuses on our featured artists. This is equally important and integral to the protection of human artistry; however, the emphasis in most bills concentrates on image, likeness, and voice. More needs to be done to protect the instrumental sound of musicians, recognizing that no two performers on a given instrument impute the same style and sound.

The AFM is increasing its efforts and plans to actively participate in discussions and important legislative initiatives to ensure that AI develops in a way that upholds fundamental principles and serves as a tool to enhance, rather than replace, human creativity. We will need to develop a robust legislative agenda if we are to have our voices heard. That can only happen with the full participation of all musicians. This is an existential crisis for all of us. Without addressing these difficult issues, we will continue to see our work diminish as instrument replacement technology advances and leaves us behind.

I am pleased to announce that the International Executive Board has agreed to engage a consultant to facilitate our long-term strategic planning process. This decision reflects our dedication to actively shape the Federation’s future and ensure that we continue to be a strong advocate for our members in the constantly changing music industry. I believe that this collaboration will lead to a clear plan for the AFM’s future.

Following the International Executive Board meeting, IEB members and department directors met with the leaders of the Locals’ Conference Council (LCC) and Players’ Conference Council (PCC). The LCC consists of leadership from all the AFM local conferences and essentially represents the entire AFM membership. The PCC consists of leadership from all the player conferences representing AFM symphonic, recording, and theater and touring musicians. Since the early ’90s, during years without an AFM Convention, conference representatives have met with AFM leadership to discuss issues relevant to their specific members.

During the LCC report, a variety of questions and concerns were addressed. The goal of the LCC is to gather information and provide suggestions to support local officers in carrying out their responsibilities within the AFM. The main topics of discussion included the formation of a legislative committee to share resources and assist in state legislative efforts, current and potential organizing campaigns, education and training for local officers, updates on Federation staffing, long-term strategic planning, and a discussion about the AFM website and InTune IT. The interactions between LCC delegates and AFM representatives were highly informative and greatly appreciated.

The PCC reports provided valuable insights into the achievements and challenges faced by their respective groups. They also discussed how to support the organizing and educating of members, and shared experiences in negotiations and other activities over the past year.

The LCC-PCC meeting is an invaluable resource that bridges the gap between international conventions and provides attending delegates with updated information they can share with their locals and constituent groups. It is yet another example of the democratic structure of our union and the opportunities that we will continue to offer regarding member participation and involvement.

July marks the end of my first year in office, and I am proud of the work this administration has accomplished and grateful for the gifted staff that works tirelessly for the benefit of our members. I am building an administration that will provide tangible resources to strengthen member empowerment through organizing and education. We need to grow and strengthen our union, and when we stand together, great things happen.

I was honored to represent the AFM at the International Federation of Musicians (FIM) 114th Executive Committee Meeting in Bucharest, Romania, May 23-24. FIM brings together musician unions from all corners of the globe. Members of the executive committee discussed issues that affect musicians worldwide, including the environment, equality, exploitation of recorded music, and artificial intelligence (AI).

Climate Change and Other Environmental Issues—FIM and its member unions must be aware of these challenges and participate in collective efforts to protect our environment, address the climate crisis, and secure conditions for sustainable development. Our work, and the conditions under which it is delivered, may contribute to solving or aggravating these issues. We should look at the profession of musician and the possibility to make it evolve toward a more environmentally friendly practice that positively impacts climate change. Initiatives taken in this regard must consider and respect the interests of the musicians we represent as workers, especially regarding the benefits they have acquired through collective bargaining or other means.

Implementing Collective Bargaining Rights in Arts and Entertainment—The International Labour Organization (ILO) technical meeting on the future of work in the arts and entertainment sector highlighted the importance of social dialogue and collective bargaining to ensure a decent future of work in the arts and entertainment sector. The meeting specifically requested the office to “provide policy guidance on the implementation of the right of collective bargaining in the sector.” Social dialogue, including collective bargaining, is a fundamental tool for building a sustainable industry that facilitates equal access to technologies, fosters entrepreneurship, and promotes effective and inclusive labor market institutions and a safe and healthy work environment.

The full realization of the effective recognition of the right to collective bargaining still meets some obstacles. These include fragmentation in representation and coverage of trade unions and employers’ organizations and the ability of workers in the sector to engage in collective bargaining and representation.

Work Plan on Copyright in the Digital Environment—The AFM is committed to continuing its participation as a nongovernmental organization in the World Intellectual Property Organization (WIPO) activities. WIPO “umbrella” internet treaties of the 1990s are insufficient to address challenges from global service providers and on-demand services, and AI. The laws and institutions of member states do not provide the necessary balance and protection for copyright and related rights.

The executive committee proposed future studies and debate topics ranging from market practices adopted by global service providers, including the rules for transfers and assignments of rights, and analysis of the level of transparency both in the availability and recommendation of content for ordinary citizens who use the Internet, and in the remuneration criteria for works, performances, and creations.

Adoption of a FIM Statement on AI—We will soon welcome the EU AI Act. It is the first attempt by a major regulator to harness the unfettered use of AI and AI models. Despite the tech industry’s resistance to regulation, this technology and its use have long-ranging implications for individuals, society, creators, and cultural diversity. It is important to ensure AI develops in a way that respects fundamental principles and is a tool to enhance, not replace, human creativity. Implementation of the AI Act will only serve as a temporary fix for a much larger problem, unless legal ambiguities are addressed.

The music sector is regularly confronted with disruptive technological innovations that impact the industry, the public, and artists. Certain historical changes, perceived today as progress, could destabilize performers’ jobs, weaken their income, and profoundly modify their work. This was the case with radio, LPs, cassettes, CDs, computer music, downloading and streaming, and now, artificial intelligence.

AI ingests and analyzes performers’ works, voices, images, likenesses, and styles. It can use this data to put out new content at a scale that is an objective threat to the careers and livelihoods of all present and future artists. Innovative remuneration mechanisms should be considered. Any AI-assisted generation of content should be subject to fair payments to the performers whose work and talents constitute the knowledge base.

Recent AI services available to the public translate into a competitive and fast-growing market with strategic implications and considerable profit prospects. However, this new ecosystem is not regulated by any adequate framework protecting the community of creators whose work and talents are exploited in proportions beyond comprehension. The existing copyright and neighboring rights normative frameworks were not designed to address the particular problems posed today by generative AI.

To the extent that AI-generated content draws its value from human creations exploited on a large scale, it is entirely relevant to consider mandatory compensation mechanisms benefiting the creative community, to be applied to all generative AI tools.

After attending the FIM meeting, I realized how interconnected the values and aspirations of musicians in the global music industry are. We can benefit from sharing our stories and working together to address our everyday concerns.

AFM International President Tino Gagliardi, far left, at the FIM Executive Committee Meeting in Bucharest, Romania.