Tag Archives: AFM

100th Convention is Open to All Members

April 4, 2016 IM

Ever wonder what takes place at an AFM Convention? Ever wanted to watch your local delegates in action? This year, from June 20-23, AFM delegates will again gather in Las Vegas, Nevada, to determine the direction of the AFM for the next three years. While all locals send elected delegates, any AFM member may attend. The AFM is pleased to invite members and spouses who wish to do so to attend as guests. The convention headquarters—the Westgate Las Vegas Resort and Casino—has extended its special low room rate to all AFM members during convention week.

If you choose to attend, you will be invited to the gala reception on Sunday evening, June 19, at the Westgate’s Ballroom that will feature the best in live music. There will be bands performing on Sunday afternoon in the convention area while the delegates and guests register for the convention. Visitors will be given badges that allow them access to the convention area, and entitle them to hear the floor debate on crucial issues facing the AFM today. They will also receive a souvenir 100th AFM Convention program and discount coupons for shows.

Visitors will have a chance to meet Federation officers as well as local officers from all around the US and Canada. They will also hear the Federation President’s State of the Union message and listen to the delegates debate the merits of many initiatives that will chart the AFM’s next three years. In addition, there will be plenty of opportunities to see the sights in and around Las Vegas. Day trips to Hoover Dam and the Grand Canyon are available, plus the many shows in and around the world-famous Vegas strip. So mark the dates on your calendar and prepare to watch democracy in action at the AFM Convention.

For your convenience, you may now book your hotel reservation online. Please visit the AFM website www.afm.org/convention and follow the link, which will connect you directly to the AFM Convention’s Westgate reservations page. You may also reserve your room by phoning the Westgate using their toll free number, 1-800-635-7711. If reserving by telephone, please provide the Westgate representative with the AFM’s convention code, SAFM6R

On the Cover

Lou Marini: The Joy of Providing Blueness to Fellow Musicians

April 1, 2016 IM

Music and people are clear priorities to Lou Marini, who has been an in-demand sideman and session player his whole career. The multi-instrumentalist is adept on soprano, alto, tenor, and baritone sax, as well as piccolo, flute, and clarinet. He’s also a composer, arranger, producer, and educator.

His distinctive solos can be heard on dozens of albums from artists like Eric Clapton, Stevie Wonder of Local 5 (Detroit, MI), Aerosmith, Jimmy Buffet of Local 257 (Nashville, TN), John Tropea of Local 802 (New York City), and Steely Dan. This year Marini looks forward to a long list of appointments including touring this summer with Local 802 member James Taylor; performing at the Kennedy Center with Lynda Carter; as well as traveling to Japan and Europe with the Blues Brothers Band.

A member of Local 802 since 1971, Marini says he first joined the union in Ohio as a teenager. “I was around guys who believed in the union and what it could do and that we had to stand together,” he says. “I’m a passionate defender of the union. Politicians seem to delight in claiming that unions are the source of all evil. It baffles me that the normal worker doesn’t realize that, if you leave it to the man to determine what you are going to get, you are going to get less and less.”

“I have a good pension through the union—a cushion of financial stability. New York musicians who spent their whole careers on Broadway are set, and that’s because, at some point, guys banded together,” he concludes.

UNT Days

The son of composer and band director Lou Marini, Sr., Marini says he never considered pursuing anything but music. He’s been working steadily ever since his days at the University of North Texas in Denton, where he played in the school’s famed One O’Clock Lab Band. By the end of his freshman year, Marini also had a steady gig with jazz trumpeter Don Jacoby.

“I was playing in the number one jazz band in school, and at the same time, I was working six nights a week. Then I started recording. Dallas had a real vibrant recording scene and I became a part of that when I was 19 years old,” he says.

Though UNT is known for its jazz program, Marini says that his time in Texas introduced him to the wide range of genres he would play for the rest of his career. He recalls one early experience when he was playing with Les Elgart’s band. The show had them performing with the country duo Jethro and Homer, and the main act was bluegrass—Lester Flatt and Earl Scruggs.

“I was a little budding jazz snob. After the rehearsal we started jamming with Jethro on mandolin, and he played better than any of us did! That was sort of a mind-blower, and then that night, when we heard Flatt and Scruggs—their very first tune was at a blazingly fast tempo. I was like, ‘Holy shit these cats are bad, and I sort of lost my jazz snobbery a little bit.”

“In university I also got turned onto classical music much more,” he says. “All that led to a more open mind as far as playing goes.”

Between recording and freelancing over the next few years Marini played with anyone he could—Diana Ross and The Supremes, The Manhattans, Stevie Wonder, Gladys Knight. “They would come to North Texas and pick up horn sections from the area,” says Marini who also managed to go on the road with Woody Herman’s band during that time. “I was reading new, challenging music all
the time.”

A True New Yorker

But that was just the beginning for Marini. To officially launch his career he set his sights much further north. “New York City was where I thought I should be,” he says. Marini had played with Doc Severinsen when Severinsen toured in Texas, so when a friend mentioned Marini was moving to New York, the bandleader hired him immediately.

“I remember when I drove across the George Washington Bridge, I said to myself, ‘I’m home.’ I’ve always felt that way; I’m a committed New Yorker,” Marini says.

He quickly became an in-demand New York sideman and session musician. “I had already played a super wide variety of music when I came to New York, so I sort of fell into the recording scene here,” he says. “I always liked the challenge and camaraderie of going into the studio and sitting down and sight reading.”

Marini also credits his strong mid-Western values for his success in New York. “I was on time and prepared. Those things stood me in good stead when it came to New York,” he says. “It was based on tons of hard work. I’m still practicing three or four hours a day. I certainly never had a master plan, but doors open and you have to be prepared.”

Three months after arriving in the Big Apple, Marini joined Blood, Sweat, and Tears, in 1972. During the 1970s he also worked with The Band, Levon Helm & the RCO All-Stars, and Frank Zappa. But one of his most memorable jobs came about when he auditioned for a late-night television comedy show that was launching—Saturday Night Live.

“When I auditioned I just had a certainty that I was going to get the gig and what a wonderful gig it was!” says Marini. “That time was so fantastic. I remember Alan Rubin, right before we’d play the opening theme he’d say, ‘Where’s the hippest place on earth to be right now?’ It was fun; it was so loose.”

Marini says that one of the greatest things to come out of the eight-year SNL gig was his friendship with bassist Bob Cranshaw of Local 802. “Bob, to me, is a jazz hero,” he says. Other long-lasting outcomes of the show were the Blues Brothers Band and Marini’s nickname, Blue Lou.

“Dan Aykroyd told us we had to have a blues moniker and that he would supply it if we didn’t. I chose Blue Lou because it’s the title of an old jazz tune that my Dad had a recording of,” says Marini.

“If someone had told me in 1978, when we started, that in 2016 we would be going to Japan as the Blues Brothers Band, I would have told them they were out of their minds,” laughs Marini, who also appeared in the Blues Brothers movies.

“The Blues Brothers is energy and camaraderie—most of us have been on the road together for at least 20 years. [Steve] Cropper and I kiddingly say that we’ve had dinner with each other more than we have with our wives,” Marini says.

“We’ve had a lot of adventures,” he continues. “One thing that’s great about the Blues Brothers Band is that, because of the nature of it, we play places like three-county summer arts festivals in the South of France—unbelievable beautiful villages where they bring you local wine and cheese. You can’t buy those types of experiences.”

Marini the Leader

It wasn’t until the 1990s that Marini released his first project as bandleader, Soul Serenade. Lou’s Blues followed in 2001 and then Starmaker. As a bandleader he is committed to looking out for his band. “I think that I pretty much see things through the sideman’s eyes. I have this funny idea that everybody should be treated fairly and with respect, and make good money,” he says.

The most recently released project to feature Marini is The Blue Lou & Misha Project—Highly Classified. Marini first met Misha Segal when he was on tour in Israel. The pair kept in touch and Segal later relocated to the US. “We were hanging out one night at his pad and he played me some stuff he had been working on, and he says, ‘what do you think?’ And I said, ‘It’s nice, but it needs a saxophone solo,’” recalls Marini. The project took several years of going back and forth between L.A. and New York until its release in 2010.

Currently, Marini is working on a CD of originals inspired by his frequent trips to his wife’s native Spain where he plays and sings in the blues quartet Redhouse. “We started playing together in Madrid about seven years ago and have done a couple hundred gigs around Spain,” says Marini. “I sing about a half-dozen tunes. This is a real jazz album with vocals.”

But, he confesses that he’s way too busy to put a timetable on the project, saying, “I’m going to find windows to record it, and in between we want to record a new Blues Brothers album, probably at the end of April.”

Marini’s biography reads like a who’s who of the music industry. He says, simply: “I’m happy to have done things I did and I treasure the friendships I’ve made along the way, and all the great musicians I’ve gotten to play with. When you get to be 70, there’s a lot of water under the bridge, and a lot of the guys that were swimming in it are gone too! At the same time, I look forward to the next thing.”

“I’m still trying to figure out how to play,” he laughs. “You can’t exhaust it; you hear these young saxophone players—what the hell are they doing, what is that, and how can they play so fast? I gotta practice! The fact is, I just like playing, so I practice.”

“When I look back on it, I’ve had a long and continuing apprenticeship,” he notes. “I keep ending up in these great gigs, but I’m just in awe of my fellow musicians. I like people, and that’s one thing about being a musician—they are a bunch of nuts! So you get to meet these characters that just delight you and make you laugh.”

Recent News

The AFM Recognizes Signatory Grammy Winners

February 29, 2016 IM

There were many AFM members among those honored with nominations and awards at the 58th Annual Grammy Awards. Following is a list of Grammy winners who are AFM members and whose work was recorded on labels signatory to AFM agreements. The AFM celebrates all artists whose works are supported by AFM musicians, under AFM agreements.

Record of the Year:
“Uptown Funk,” Bruno Mars, member of Local 47 (Los Angels, CA).

Album of the Year:
1989, Taylor Swift, member of Local 257 (Nashville, TN).

Best New Artist:
Meghan Trainor of Local 257.

Best Pop Duo/Group Performance:
“Uptown Funk,” Bruno Mars.

Best Pop Vocal Album:
1989, Taylor Swift.

Best Country Solo Performance:
“Traveller,” Chris Stapleton of Local 257.

Best Country Album:
Traveller, Chris Stapleton.

Best Latin Jazz Album:
Made In Brazil, Eliane Elias of Local 802 (New York City).

Best Blues Album:
Born to Play Guitar, Buddy Guy of Local 10-208 (Chicago, IL).

Best Arrangement, Instrument and Vocals:
“Sue (Or in a Season of Crime),”
Maria Schneider of Local 802.

Best Musical Theater Album:
Hamilton, performed by musicians from Local 802.

Best Album Notes:
Love Has Many Faces: A Quartet, A Ballet,
Waiting to Be Danced, Joni Mitchell of Local 47.

Best Historical Album:
The Basement Tapes Complete: The Bootleg Series Vol. 11,
Bob Dylan of Local 47 and The Band.

Producer of the Year, Non-Classical:
Jeff Bhasker, of Local 47.

Best Orchestral Performance:
Shostakovich: Under Stalin’s Shadow – Symphony No. 10,
Boston Symphony Orchestra, members of Local 9-535.

Best Engineered Album, Classical:
Ask Your Mama, San Francisco Ballet Orchestra, members of Local 6.

Producer of the Year, Classical:
Ask Your Mama, San Francisco Ballet Orchestra, members of Local 6.

Best Classical Compendium:
Paulus: Three Places of Enlightenment Veil of Tears and Grand Concerto,
Nashville Symphony, members of Local 257.

Recent News

AFM 2016 Convention

January 2, 2016 IM

General Information:

Per Diem & Hotel Allowance, Rules for Resolutions, Candidate Statements, Certificate of Recognition, and Memorial Service

The 100th Convention of the American Federation of Musicians will be held in Las Vegas, Nevada, beginning Monday, June 20, and concluding Thursday, June 23.

The Westgate Hotel & Casino (3000 Paradise Road; Las Vegas) will serve as both the official headquarters and the site of the convention’s business sessions. The hours of delegate registration will be Sunday, June 19, from 3:00 p.m. to 6:00 p.m., and Monday, June 20, from 8:00 a.m. to 11:00 a.m.

Please note local delegate entitlement will be based upon the number of members reported by the local as of December 31 immediately preceding the Convention. [see: Article 17; Section 4 (a),(b),(c),(d)]

Convention Per Diem and Hotel Allowance

The per diem allowance and the hotel allowance for one delegate from each local, from each players’ conference, for each diversity delegate from locals merged in accordance with the AFM’s civil rights policy, and for committee members required to attend prior to the first convention session are paid from the Federation’s funds. The per diem allowance shall be $50 for each full or fraction of a day during which the Convention is in official session and the delegate attends, and for one day of travel to the convention city. The period for which hotel accommodations are paid consists of each day the Convention is in official session and the delegate attends, plus one day for delegates designated above.

There will be general hotel reservation information available to local officers and delegates prior to the June 2016 AFM Convention. Please be reminded, delegates shall be responsible for: (1) providing necessary credit card information to the Westgate Hotel at the time of your reservation; (2) payment of your hotel bill at the conclusion of your stay.

Following the Convention, those delegates whose accommodations are to be paid by the AFM will be required to submit a copy of their hotel bill to the AFM for appropriate reimbursement.

How to Introduce Resolutions

Delegates, locals, or conferences wishing to introduce resolutions for consideration during the Convention must forward same in writing to the office of the AFM Secretary-Treasurer, postmarked or electronically transmitted no later than March 1. All electronically transmitted resolutions must also be submitted by mail, postmarked no later than the next business day. Resolutions must bear the signatures of all sponsoring delegates, or the signatures of authorized officers of sponsoring locals or conferences.

In order to expedite their preparation, resolutions submitted must be typed and double-spaced. The local number of the proponent(s) should be indicated under the signature (hand signed and printed). In accordance with Article 18, Section 4(b) of the AFM Bylaws, any resolution or measure to amend the provisions of the AFM Bylaws shall be cast in the following form for presentation to the convention:

(1.) Language and punctuation to be deleted from an existing provision shall be set forth in full and enclosed by square brackets and the deleted material shall be struck through, as [—]. This requirement shall not apply to a proposal to repeal an entire section, which may be done simply by specific reference. A resolution prepared on a typewriter on which square brackets are not available may use double parentheses as a substitute for the square brackets.

(2.) New words added to an existing provision shall be underlined.

(3.) The deletions shall precede the new matter; e.g., “…in the sum of ~~[$50]~~ $100.”

(4.) Entire new sections need not have all words underlined but shall be preceded by the designation NEW SECTION. in upper case followed by a period and the designation underlined, including the period.

Notice to Candidates Seeking International Office

In accordance with Article 19, Section 2 of the AFM Bylaws: “Candidates seeking election to any international office may forward to the AFM Secretary-Treasurer, postmarked or electronically transmitted not later than April 1 of the convention year, a statement certifying their intention of seeking election for the particular office and a campaign statement that shall not exceed 100 words. All electronically transmitted resumes must also be submitted by mail, postmarked no later than the next business day. The AFM Secretary-Treasurer shall publish the names and campaign statements received from candidates in the International Musician, prior to the convention.”

Recognition to AFM Delegates

The AFM will award a Certificate of Recognition to those delegates who have served as convention delegates for a minimum of 25 years, when the delegate’s local requests such recognition.
Locals should submit the names of eligible delegates to the AFM Secretary-Treasurer no later than April 1, stating the number of conventions attended. Please advise if the recipient(s) is to be mailed the certificate or if it is to be presented at the convention.
Names of delegates honored for the first time will be printed in the International Musician.

Memorial Service

The Federation recognizes former delegates who have died since the last AFM Convention during the Memorial Service. Names of deceased delegates should be mailed to the AFM Secretary-Treasurer’s office no later than June 1. Please indicate that the individual’s name should be included in the Memorial Service.

Recent News

A Year of Decisive Action for the AFM

December 1, 2015 IM

AFM Adopts Strong Stance to Protect Agreements

Tired of watching record labels and film companies blatantly disregard conditions of their AFM agreements, the Federation took decisive action on a number of fronts in 2015. In May, the AFM filed a lawsuit against Warner Bros., Paramount, and MGM for violating their master contracts by recording film scores outside the US and Canada. Then, in June, the AFM sued Paramount Pictures, Inc. for recording the score to the film Same Kind of Different As Me in Slovakia.

July saw the AFM file a lawsuit against Sony Music Entertainment, Inc. for violations of the Sound Recording Labor Agreement (SRLA). Finally, in August, the Federation filed suit against several record companies over digital music distribution revenue and failure to make pension fund contributions.

“It’s an unprecedented amount of court enforcement action filed by our union, and it’s been a long time coming,” said AFM President Ray Hair in his July 2015 column. “Despite our attempts to negotiate for them, there are no grievance and arbitration provisions in our contracts with the film and TV producers, or the record companies, making the courts our port of last resort.”

AFM Negotiates New Agreements

As the year began, AFM President Ray Hair announced that the Federation had concluded negotiations for both a successor Integrated Media Agreement (IMA) in late December 2014 and a successor Motion Picture and Television Film Agreement in early January 2015. His March column included details of the negotiations, as well as highlights of the new agreements.

(L to R): AFM Local 802 (New York City) Member “Blue” Lou Marini; AFM President Ray Hair; AFM International Executive Board Member (IEB) and Local 257 (Nashville, TN) President David Pomeroy; US Representatives Marsha Blackburn (R-TN) and Jerrold Nadler (D-NY); and IEB Member and Local 802 President Tino Gagliardi.

At the end of March, negotiations began for successor agreements covering musicians who perform live and prerecorded variety shows on basic and premium cable television. In July, Hair announced that progressive new agreements with the producers of Conan, as well as with Viacom for Country Music Television (CMT) content.

Formal negotiations with the major labels for a successor Sound Recording Labor Agreement (SRLA) began at the end of September. The previous SRLA expired February 2015. Then, October brought the opening round of talks with the public television industry toward a successor National Public Television (NPTV) Agreement. The previous agreement expired in December 2005, but both parties have continued to observe its terms.

Busy Year for Political & Legislative Office

As the year began, AFM Legislative-Political Director Alfonso Pollard reported on the “Cromnibus” government spending package and its effect on the arts. He also announced the details of long-awaited Department of Transportation (DOT) rules regarding carriage of musical instruments onboard US airlines. Effective March 6, the agreement follows nearly three years of negotiations and lobbying between music stakeholders (represented by the AFM) and DOT officials.

(L to R) NEA Chair Jane Chu, AFM President Ray Hair, AFM Legislative Director Alfonso Pollard, and NEA Music & Opera Director Ann Meier Baker at NEA headquarters in Washington, DC.

Throughout the year, a series of tools were developed to help members navigate both the new carriage regulations and US Fish and Wildlife Service rules regarding travel with instruments containing protected species. The handy Guide to Flying with Musical Instruments, can be downloaded from the website: http://www.afm.org/departments/legislative-office/instruments-as-carry-on.

In April, Representatives Jerrold Nadler (D-NY) and Marsha Blackburn (R-TN) introduced a new performance rights bill, the Fair Play Fair Pay Act of 2015. The US is the only industrialized nation that does not have a performance right for sound recordings broadcast over terrestrial radio. Members and others can show their support for this important legislation by logging onto: musicfirstcoalition.org/take_action.

Ray Hair testified before the Copyright Royalty Board in Washington, DC, in April, in an effort to promote increased payments to musicians from digital webcasters like Pandora. In his May column, he denounced a recent deal between Pandora and leading classical music label Naxos that bypasses direct payment of performance rights royalties for digital radio through SoundExchange and via the AFM and SAG-AFTRA Fund. The multi-year license covers the entire Naxos catalog, including many US orchestras.

Again this year, the AFM was a co-sponsor of Arts Advocacy Day, which is a week of arts advocacy activities held each spring in Washington, DC. Among topics of focus were: support for arts and arts education funding; tax reform to encourage charitable arts giving; cultural exchange programs and improved visa processing; protecting wireless technology for arts; and net neutrality.

In an effort to stem the tide of offshoring sound scoring jobs, AFM Local 47 (Los Angeles, CA) and the AFM Legislative-Political Office worked with members of Congress to reform legislation focused on the film industry and creating new state tax credit legislation designed to close loopholes in current laws.

Organizing and Building Industry Ties

In what could be a model for other cities across the US, the Fair Trade Music Seattle (FTMS) organizing campaign of Local 76-493 (Seattle, WA) gained momentum in 2015. Many area musicians were signed on and more than 20 Seattle venues agreed to its pledge. Two primary areas of focus for FTMS in 2015 were teaching musicians how to get effective performance agreements and ensuring adequate sound in clubs. May 20, 2015 was declared Fair Trade Music Day in the city.

Fair Trade Music Seattle (FTMS) activist and Local 76-493 (Seattle, WA) board member Marc Smason performs at FTMS venue Pies & Pints.

In February, AFM/CFM representatives attended the Folk Alliance International (FAI) Conference in Kansas City, Missouri. Alfonso Pollard spoke on a panel about new US airline policies and laws. CFM Executive Director Liana White participated in a panel on crossing the border with temporary work permits. Many members from Local 1000 (Nongeographic) and other Canadian and US locals attended.

In August, Pollard and Ray Hair visited Washington, DC, to strengthen ties with federal arts leaders. They visited both NEA Chair Jane Chu and John Edward Hasse, curator of American Music at the Smithsonian Museum.

Many Orchestras Show Financial Improvements in 2015

The improving national economy saw quite a few orchestras allowing small annual salary increases, filling long-vacant positions, and expanding their seasons. While some orchestras are still struggling to negotiate fair agreements, many are showing positive signs.

Download the Guide to Flying with Musical Instruments PDF at: afm.org/departments/legislative-office/instruments-as-carry-on.

As the new year began, The Cleveland Orchestra, Detroit Symphony Orchestra, Indianapolis Symphony Orchestra, Buffalo Philharmonic Orchestra, and Cincinnati Symphony Orchestra reported closing fiscal year 2014 in the black. Minnesota Orchestra ended FY2014 with a small deficit, but announced a balanced budget for fiscal year 2015, ending August 31.

While still operating at a loss, the Nashville Symphony Orchestra’s FY 2014 audit showed improvements for the second year in a row. It projects an end to its operating deficit within two years. The Atlanta Symphony Orchestra ended its 2014-2015 season in the black for the first time in 11 years.

Hartford Symphony Orchestra Supporters Rally September 9 at Connecticut Capitol.

Many orchestras signed contracts that contained at least small increases, among them: Jacksonville Symphony Orchestra (effective through 2016/2017 season with partial restoration of previous 11% salary cuts); San Francisco Symphony (base salary and pension benefit increases); Symphony Nova Scotia (five-year agreement with season expanded from 33 to 35 weeks); Stockton Symphony Association (three-year contract with three-tier pay increase); Cincinnati Symphony Orchestra (five-year agreement with 1.5% salary gains yearly and restored 14 of 23 permanent vacancies); Minnesota Orchestra (3.5-year agreement with 8.1% salary increase over its life, plus 87 full-time musicians by final year); Phoenix Symphony (one-year agreement with a 3.75% increase in base-scale wages); Utah Symphony | Utah Opera (three-year contract with an average 3.5% increase in base salary); San Antonio Symphony (two-year contract with increases in season length and salary, if fundraising goals are met); Chicago Symphony Orchestra (three-year contract with wage and pension increases); Saint Paul Chamber Orchestra (two-year contract with small increases that narrow the pay gap between section and titled players); and The Philadelphia Orchestra (one-year agreement with 3% raise and increase orchestra complement by one).

Among the worrisome situations, Binghamton Philharmonic’s new two-year contract includes a wage freeze and reduction in mileage reimbursements. While the new Columbus Symphony Orchestra contract maintains its 26-week season, it imposes a wage freeze. Grand Rapids Symphony musicians struggle for a fair contract that makes up for drastic pay cuts they accepted in 2009. The American Symphony Orchestra (ASO) announced less concert offerings for the 2015-2016 season to save money. In September, musicians, supporters, and AFM leadership rallied for Hartford Symphony musicians whose management is proposing 40% wage reductions. Fort Worth Symphony Orchestra is also struggling for a fair contract.

Sadly, Orchestra London in Ontario ceased operations and filed for bankruptsy during its 2014-2015 season due to a large deficit. Its musicians continued to perform sold-out concerts for the community. Green Bay Symphony Orchestra, facing a $55,000 deficit, shut down in April.

Canadian Unions Struggle Under Conservatives

At the start of the year, AFM Vice President from Canada Alan Willaert described the new Canadian Conference Standards Committee. It is chartered with helping locals with items such as the training of new officers, use of AFM freelance co-funding, securing agreements for cable television performances, and reworking contracts.

In March, Willaert announced that the General Production Agreement between the CFM and the CBC had been overwhelmingly ratified.

In May, the copyright on sound recordings in Canada was extended from 50 years after release to 70 years. However, the change did not include authors and publishers, where copyright protects a song for the life of the author plus 50 years.

In August, the Organization of Canadian Symphony Musicians (OCSM) celebrated its 40th annual conference at a “unity conference” held alongside the AFM Canadian Conference in Windsor, Ontario.

Bill C-377, which imposes unprecedented reporting standards upon labour organizations, moved forward thanks to Canada’s conservative-controlled Stephen Harper government. Meanwhile, Canadian unions challenged bill C-59 saying it violates collective bargaining rights by giving employers “unilateral authority” when it comes to sick leave, regardless of existing collective agreements.

On the political front, Canada’s Harper government proved a continued challenge for unions across the country for much of 2015. The decisive victory by Justin Trudeau and the Liberals in October should bring some relief. Trudeau says he will keep his election promise to rescind union transparency/oversight Bills 377 and 525, which comprise “right to work” type legislation passed through Senate by the previous government.

Other AFM News in 2015

This spring Ray Hair announced that the 100th AFM Convention will take place June 2016 at the Westgate Las Vegas Resort and Casino. Meanwhile, the Federation extended its lease agreement to allow its headquarters to remain in Times Square, New York City, through January 2019 with minimal annual rent increases. This will provide the AFM time to build up money in its reserves for eventual relocation.

(L to R) MPTF Trustee Dan Beck, Rosanne Cash (member of Local 802), CEO of University Settlement Michael Zisser, and AFM Secretary-Treasurer Sam Folio at the MusicianFest kickoff.

The scoring of Star Wars Episode VII took place in Los Angeles over the summer, under an AFM contract. This was considered a major “win” for LA studio musicians. Previous installments of the franchise were scored in London. The recording would generate $2 million in wages, benefits, and production spending.

The Music Performance Trust Fund (MPTF) wrapped up its 67th fiscal year April 30, having co-sponsored more than 2,777 performances. It began its fresh fiscal year with the launch of a new program: MusicianFest. With help from the Film Fund Trust Fund, MusicianFest provided free live music performances at senior centers across the US and in Canada. In the US, the programs were offered through a partnership with the National Council on Aging (NCOA) and in Canada through the Health Arts Society of Canada. All performances were completed by the end of June. MPTF hopes to continue and expand the program for next year.

The Trans-Pacific Partnership (TPP) trade agreement was reached October 5, and November 5 President Obama sent a letter to Congress of his intent to enter into the TPP. Numerous US union leaders continue to speak out against the pact itself for weak labor protections, as well as the secretive way in which it was negotiated. The Canadian labor movement is also vehemently opposed.

Music Business

FMSMF Update

November 5, 2015 IM

Winding Up 2015 and Moving Forward into 2016

by Kim Roberts Hedgpeth, Executive Director Film Musicians Secondary Markets Fund

The Film Musicians Secondary Markets Fund (FMSMF) works to serve the film, television, and music communities. To this end, the FMSMF is pleased to provide ongoing updates for the benefit of AFM members.

On September 30, the FMSMF completed the first six months of its 2016 fiscal year. It’s a great opportunity to look at the final results from fiscal year 2015 (ended 3/31/2015) and to look ahead now that we’ve reached the halfway mark of the fiscal year 2016.

“New” Films: For FY2015 the FMSMF received residuals for 274 “new” titles! Most of these newly reported titles were films and TV shows first released in 2012, 2013, or 2014, although some were older films and series that generated secondary market receipts and residuals for the first time.

The “new” titles for FY2015 included feature films such as Earth to Echo, The Fault in Our Stars, The Maze Runner, Dawn of the Planet of the Apes, Million Dollar Arm, Jersey Boys, and X-Men: Days of Future Past. Among the TV titles reporting for the first time during FY2015 were Arrow (2013-14), The Normal Heart, and Red Band Society, to name a few. FMSMF will post the FY2016 new titles on our website at www.fmsmf.org/filmtitles/new-films.php as we get closer to the end of this calendar year.

New Musicians: There’s an urban myth that suggests the same small handful of musicians continue to participate in the residuals collected. That’s not true! Each year, musicians are enrolled into the fund for the first time because they were credited with secondary market residuals for the first time. For example, in FY2015, 751 new musicians were added to the rolls. 670 musicians earned residuals and were added for the first time through their work in original scoring, sideline, or music prep. Another 81 musicians earned residuals for the first time because of new use of their sound recording in a film or TV program.

2015 Distributions: More than15,600 payments were issued to musicians and their beneficiaries in the July 1 Regular distribution, and more than 830 payments were issued in the September 15 Omissions distribution.

More musicians are now enrolled in direct deposit and “go paperless.” Almost 4,000 musicians participate in the services, and more enroll each month. Going paperless saves money and is good for the environment. So, if you haven’t signed up yet to go paperless, sign up at http://www.fmsmf.org/gopaperless and join your fellow musicians who are helping us go green!

Website Upgrade: The upgraded FMSMF website went live July 1, with a new look, better organization of pages, and some new features to make access to services easier. We will continue to upgrade the website in the months and years to come. If you’ve not visited the website since July 1, check out the new look at www.fmsmf.org.

Tax Time: The tax season is just around the corner! Remember that FMSMF will send out W-2s and related tax forms in January. Please make sure we have your correct address! To report an address change, please visit the website https://www.fmsmf.org/musicianresources/address-change-form.php. Also a reminder for next year: if you intend to change your withholdings for the next distribution in July 2016, you must provide an updated W-4 to the FMSMF on or before June 1, 2016. NO changes will be accepted after June 1, 2016 for the July 1, 2016 distribution. For more information, please see www.fmsmf.org/musicianresources/fund-dates.php.

Do We Have Money for You? Don’t forget to check our website: www.fmsmf.org/musicianresources/unclaimed-checks.php to see if we have unclaimed residuals for you or a musician you may know. Please spread the word to fellow musicians to check this website.
As Thanksgiving and the holidays approach, best wishes from all of us at the FMSMF.

Recent News

AFM Locals Prepare the Next Generation

October 6, 2015 IM

Music shares a fundamentally important trait with many other professions: education is one of the cornerstones in building a secure future. The main thrust of education is three-fold: fostering music education in budding musicians; enouraging interest and awareness in music among the general public to keep the art form alive and vital; and helping new and established musicians learn to cope with the sometimes confusing business and legal aspects of making music.

AFM Locals Prepare the Next Generation

AFM local offices around the country realize the importance of all of these elements, and take an active role in promoting education in schools, neighborhoods, and performing venues through programs of their own, or working in partnership with area symphony orchestras and educators. Following is a brief look at what just a few locals are accomplishing in their communities, building bridges and educating the public through their hard work and dedication.

Local 6 (San Francisco, CA): The Musicians Workshop Series

Since 2002, Local 6 has been running workshops designed to help performers cope with the business side of their art. Local 6 Assistant to the President Alex Walsh is responsible for organizing the sessions which, according to Secretary Gretchen Elliott, fulfill a vital function in terms of providing career advice and networking for many Bay Area musicians who work as individual performers or in groups for whom the collective bargaining process is not a practical option. “We may not be able to organize these musicians, but we can help guide them smoothly through the process of developing their careers in a productive way,” explains Elliot. “The workshops are also aimed at union members and non-members alike, so participants can see how the union operates and how it can help them,” she says.

Walsh strives to organize at least one workshop every month. Workshops are held in the Local 6 union hall and always allow time for specific questions and answers. The latest installment, held August 24, was entitled “The (Press & Booking) Package.” It discussed the similarities and differences between a booking package and a press package and outlined the differences between what individuals–bookers or press people–may be looking for in each. Topics included the “must haves” in any package, such as what to include in to increase your attractiveness to contractors and the press; whether to send a demo or a professional recording; how many tracks to provide; what the press wants in a photo; and how to write a bio. The Local 6 newsletter also carries regular articles on career development.

Local 655 (Miami, FL): Young Musicians Camp

Simon Salz, of Local 655 (Miami, FL) plays with a group of young musicians at the Frost School of Music summer camp.

Increasingly the trend in youth summer camps is to extend education beyond the end of the school year, providing an ideal opportunity to prove to young people that learning is fun. In that spirit, this summer’s Young Musicians Camp at the Frost School of Music, University of Miami teamed up with Local 655.

In addition to music instruction, students got to jam with Local 655 members Ira Sullivan, Phil Strange, Joe Donato, and Huifang Chen, among others. “We feel so fortunate that these great artists are willing to work with our young people at the camp,” writes Director Sarah Neham Salz on the Local 655 Web site (www.afm655.org). “During most of the year these musicians are busy performing, traveling, or teaching college students. They were so excited when I offered them this opportunity.”

Co-director Simon Salz (Local 655) reports that the students enjoyed the experience of playing with professionals. “They’re still talking about it,” he says. “We wanted to hire the most professional musicians we could. Local 655’s Web site helped with this, and I also used it to send out a call for teachers to staff the camp’s new private tutorial component.”

Local 136 (Charleston, WV): Music & Education Committee

Local 136 (Charleston, WV) Secretary Treasurer Greg Nichols, teaching a class called “The Business of Music” at a recent West Virginia Music Showcase cosponsored by the local.

Local 136 shows how Web sites can be used to provide a music education resource for members and the community. “Flying in the face of documented evidence that music education sharpens critical thinking skills, music programs are being slashed coast to coast,” notes the local’s Web site (www.afm136.org). “Working with area musicians has become a big focus for us through the committee,” says the local’s president, Brad Bradley. “We’ve worked to establish artist residency programs at schools. Those schools that can’t afford to bring their students to the Clay Performing Arts Center in Charleston, for performances of the West Virginia Symphony or music classes, are also provided sponsorship.”

The committee also organizes a series of seminars for its musicians on ways to succeed in the music business. The local cosponsors the West Virginia Music Showcase in conjunction with a private music store, providing further opportunities for seminars. The Local 136 Web site posts tips and links about the music business. Currently posted are links to the AFM’s free music software page and the music business tips page from the Nashville New Music Conference Web site.

Local 689 (Eugene, OR): The Young Musicians Project

The James Tarpinian Trio performed at a recent Local 689 (Eugene, OR) Young Musicians Project concert. Musicians (L to R): James Tarpinian, Ken Ackerman, and Jason Bradley.

The aim of the Young Musicians Project (YMP) is to help talented students take their first steps toward a professional career. For Local 689, becoming professional means, firstly, being able to perform well at public events. To this end, the YMP has initiated a series of “Young Musicians Concerts” in various locations in Eugene throughout summer and early fall. But just as important a lesson for young musicians to learn is that they deserve to be paid for their work. “Musicians are often asked to provide free entertainment, in spite of their long and costly training,” explains the Local 689 Web site (www.afm689.org). “Yet musicians have bills to pay, and other professionals don’t work for free. Musicians have to learn this lesson early on.” As part of its mission, therefore, Local 689, along with YMP cosponsor the Music Performance Trust Fund, pays the young musicians scale wages, while the concerts remain free and open to the public.

The latest YMP concert took place on the July 4 weekend and was well-attended, according to Local 689 Secretary Violetta Tarpinian. She explains that Local 689 doesn’t use YMP for direct recruitment; rather, it advertises the union as one of the essential tools a young musician should have. “Most of the musicians haven’t heard of the union,” says Tarpinian. “But we leave a good impression, and they’ll keep the union in mind in a good way.”

Local 99 (Portland, OR): Musician Education Assistance Project

The Web site of Local 99’s Musician Education Assistance Project (MEAP) describes the importance of music in schools. “It has been proven that music promotes development skills that cross over into other areas of students’ lives, teaching valuable language skills, promoting physical dexterity, and developing higher brain function,” the site (www.afm99.org) explains. “However, music education is in jeopardy due to shrinking budgets and legislation that has severely cut or canceled music education programs in the schools.”

Taking the bull by the horns, Local 99 formed the nonprofit MEAP in 1997. The aim of the program is to raise and disperse funds to increase music education opportunities for students in elementary and high schools in northern Oregon and southwest Washington. MEAP programs include private instruction scholarships for students aged eight to 11; master class coaching sessions by professional musicians; a lecture series hosted by Local 99 members; in-school performances by professional ensembles; and public fundraising events held yearly to support the MEAP’s mission.

Vice President from Canada

Be Careful What You Sign—They Don’t Care About You; They Want Your Song

October 5, 2015 Alan Willaert

Over the last few years, I have noticed an increase in the number of panels that feature music supervisors at music festivals, informational sessions, and music/film events. These are the folks responsible for selecting the music that is synchronized to video, television, motion pictures, commercial announcements, video games, and so forth. Many have experience as musicians, producers, agents, managers, or with business or law. But the primary prerequisite is a familiarity with a wide array of music styles, genres, and artists/bands. They may work for a specific company or freelance, picking music to portray mood, feeling, and emotion to match/enhance video content.

The idea of presenting a panel about music supervision and placement of songs is, on the surface, useful. However, the information presented is usually skewed to benefit the panelists and their company, not the musicians and songwriters in the audience eager to have their songs heard. At least, that has been my experience at such events.

These “experts” generally give attendees advice like: don’t submit more than three or four songs, properly prepare and label the submissions, and have instrumental versions ready. While this information is helpful, other stuff is not. For instance, it’s often stated that you should not expect payment the first time, or first few times, until you are known; or, to expect a low remuneration, perhaps $50 or less. There is little or no mention of the fact that synchronization is contained within the Right of Reproduction under the Copyright Act, and that the only way to escape payment is if the songwriter waives these rights. Now, go back and read the title of this article again.

There is also no mention of the rights AFM members have under contract law—that of new use payments required under the Sound Recording Labour Agreement. When you record for a signatory label, or for a label that has signed a Letter of Adherence and filed a B-4 report form, all the musicians on the recording are entitled to be paid the prevailing rates for a session as specified by the agreement that covers the type of medium the track is being licensed into. (These payments are in addition to negotiated synch fees.) While this is an obligation of the label (to pay those fees upon licensing the track), often they pass the responsibility onto the licensee in the master licence agreement.

Many times members are handed a document, either during the recording session or during licensing negotiations, asking them to “waive” certain rights, among them being the secondary payments for new use called for under our agreements. Don’t sign these papers! In fact, members have no authority to sign such a document when it circumvents the terms of one of our scale agreements, and therefore, such a wavier is not enforceable. Don’t sign them.

Members may also be enticed to enlist the services of a placement company, such as Sonic Bids or Taxi. Without being specific about any of them, I have seen placement contracts that require the artist to assign all rights, exclusively, to these services. In return, you may receive a percentage of anything they make, if the song is used. The cautionary word here is “exclusive.” This means you no longer are entitled to payments from performing rights organizations such as the Society of Composers, Authors, and Music Publishers of Canada (SOCAN) and Musicians’ Rights Organization Canada (MROC), or agencies such as the Canadian Musical Reproduction Rights Agency (CMRRA), as you no longer have title to those rights. You would only receive a percentage of those rights—whatever is specified in your agreement with the company. Don’t sign a placement contract. Go back and read the headline of this article again.

I have also seen contracts where the requirement is to sign over all the songs and rights, and the company is up front about saying they will rename the tracks and obtain a copyright under their name. Don’t sign the contract.

A better choice is to sign a nonexclusive agreement, where they agree to try and get action on your repertoire, but you still retain the right to make direct deals and collect statutory royalties.

Also, in some of these contracts may lurk language similar to “We do not pay/collect fees required under union contracts.” This is a red flag to not sign, or to negotiate that clause out. These are your rights. It’s your money that they are treating so capriciously. These are rights that, over the years, may accrue thousands upon thousands of dollars. They may also present you with a paperwork that designates the songs you give them as “work made for hire.” Don’t sign it!

Never be intimidated by the panache or cachet of the title “music supervisor.” In the end, they are an employer, attempting to get your music as cheaply as possible for their client. If you are presented with contracts or licensing agreements to sign, please take the time to understand what they contain. I highly recommend the services of an entertainment lawyer before signing anything.

Now, go back to title of this article: “They don’t care about you; they want your song.”

Organizing

A Union Win for Olney Theatre Musicians

October 5, 2015 IM

by Ed Malaga, President, Local 161-710 (Washington, DC)

(L to R) Local 161-710 President Ed Malaga with Musicians for a Stronger Olney Theater committee members Patrick Plunk, Craig Taylor, and George Hummel.

After a six-month campaign, musicians at Olney Theatre in Maryland overwhelmingly voted to unionize in a National Labor Relations Board (NLRB) election. Musicians are now working with AFM Local 161-710 (Washington, DC), preparing for their first collective bargaining agreement. The victory is an important first step in Local 161-710’s organizing plan.

The story is a common one. Musical theater productions have been a key factor in Olney Theatre’s recent growth. Yet musicians’ wages had not increased in years and unsafe working conditions were a growing concern. Musicians chose to take action. A dedicated group of musicians formed an organizing committee—Musicians for a Stronger Olney Theatre Committee—to lead the effort.

Working with the local’s leadership and the AFM’s Organizing & Education Division (O&E), the musicians developed a campaign plan and mobilized their co-workers to win a decisive victory. By sticking together, musicians at the Olney Theatre will now enjoy the same rights as union actors, directors, choreographers, and scenic artists who work at the theater.

The successful organizing effort at the Olney Theatre required a comprehensive strategy and approach. Here are some key points that were critical to our success:

1) Understanding our base of support. Communication between the local’s leadership and its members was crucial. Members have the inside story regarding the relationship between the employer and the employees. Accessing this information and understanding the commitment of these members was critical. Building on these lines of communication during the organizing campaign and the resulting dialogue with Olney Theatre musicians cannot be overstated. One-on-one conversations are key to winning campaigns.

2) Knowing the importance of a relationship with our Central Labor Council. Our connections with Metro DC AFL-CIO were an invaluable resource in assessing the support of elected officials who had close ties with labor. We scheduled meetings with these officials to outline our case for union representation. Their support played an important role and we look forward to a continued relationship.

3) National Labor Relations Board (NLRB) election rule changes. New rules significantly expediting NLRB election timelines went into effect in April. The election process used to take months with numerous delays instigated by employers to undermine campaigns. Now elections can happen in a matter of weeks. We filed our petition for an election June 17 and the final vote count was July 28.

Musical theaters employ many AFM musicians and this area of work is growing. The contributions of these musicians to the success of musical theater productions should not be undervalued. Musicians should know that there are options available to them for winning union recognition and gaining a collective bargaining agreement. Organizing is hard work, but well worth it. Local leadership should work closely with rank-and-file musicians who want to organize and take advantage of the expertise available from the AFM O&E Division, which provided valuable training and assistance throughout our campaign.

Musicians standing together have power!

Legislative Update

AFM Solidifies Federal Arts Relationships

October 5, 2015 Alfonso Pollard

On August 25, AFM International President Ray Hair traveled to Washington, DC, to strengthen our ties with federal arts leaders. This full day of activity ended with solid gains in our relationships with two of our nation’s most historic and highly valued arts agencies.

National Endowment for the Arts

National Endowment for the Arts (NEA) Chair Dr. Jane Chu graciously hosted a meeting with AFM President Ray Hair and myself

to discuss how the AFM and the NEA can work together moving the endowment’s agenda. Chu, who is an accomplished pianist, studied music growing up. She eventually received a bachelor’s degree in piano performance and music education from Ouachita Baptist University, as well as master’s degrees in music and piano pedagogy from Southern Methodist University. Chu also holds a master’s degree in business administration from Rockhurst University and a

L to R) NEA Chair Jane Chu, AFM President Ray Hair, AFM Legislative Director Alfonso Pollard, and NEA Music & Opera Director Ann Meier Baker at NEA headquarters in Washington, DC.

PhD in philanthropic studies from Indiana University.

Our meeting was also attended by National Endowment for the Arts Music & Opera Director Ann Meier, who is an accomplished vocalist, with a long list of outstanding vocal and administrative credits. After some discussion between Hair and Chu about their undergraduate and graduate studies in the North Texas area, the conversation shifted to NEA programs and how these programs support a broad range of community arts and professional organizations that help support the careers of AFM musicians. Chu also gave a quick overview of her newest initiative “Creativity Connects,” which will examine how the arts are central to the nation’s “creativity ecosystem” and investigate how support systems for the arts have changed. The project also will explore how the arts connect with other industries.

In addition, the NEA celebrates its 50th Anniversary this year and Chu extended a personal invitation to Hair to encourage AFM members to participate in the agency’s “Tell Us Your Story” project. The goal is to gather stories about how the arts have influenced your life. The link to the project is http://arts.gov/tell-us-your-story. Hair strongly encourages all AFM members to visit the site and leave powerful stories about themselves and their artistic lives. We feel that AFM members have some of the most compelling stories in the industry. Take a moment to reveal yourselves.

Smithsonian Museum

(L to R) Curator of American Music John Edward Hasse with AFM President Ray Hair and AFM Legislative Director Alfonso Pollard at the Smithsonian National Museum of American History.

Later in the day, Hair followed up on a special invitation from Dr. John Edward Hasse, curator of American music at the Smithsonian Institution’s National Museum of American History. For decades, Hasse has interacted with the AFM and with AFM musicians, especially in the Washington, DC, area. His unique invitation included a behind-the-scenes tour of the museum with an eye toward partnering with the AFM to possibly acquire historic union documentation that outlines professional work by some of America’s greatest artists and prominent AFM members.

Aside from sharing background about some of the museum’s most precious musical artifacts, we visited locations within the museum that are being developed as new performance sites. However, one of the most important aspects of the visit included a discussion about how the Smithsonian can partner with the AFM to acquire relevant performance artifacts of the most renowned AFM members, past and present.

This is an exciting project and Hair has promised to work with Hasse on possibilities. AFM members with ideas must first contact Hair or myself. Of course, these artifacts will involve only materials of the highest value and quality and there is no guarantee of acceptance of every idea. However, your thoughts are always welcome. Feel free to reach out to our office.