Tag Archives: AFM

Modern Union Busters Work from the Inside—and You Won’t Like Where They’ll Take You

Since the dawn of unions, there have been union busters. It’s an eternal dynamic between capital and labor. Generations ago, the Pinkertons lurked near factory gates with their bats. In the Chicago Haymarket riots, police and workers perished from a bomb blast during a demonstration in support of an eight-hour workday. In the Harlan County, Kentucky, coal-mining wars of the 1930s, state, and federal troops fought the union.

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Jane Little Traces the Steps of Her 70-Year Career

Growing up in Atlanta, Georgia, Jane Little was drawn to music from the time she was a small child, and did everything she could to seek out musical opportunities. “I so wanted to play the piano,” she says in her Southern drawl. “But my family struggled during the Depression and we had no piano. I would go to the neighbors’ house to use theirs. I would try to pick out tunes and taught myself to play a little bit.”

Little tuned in to the Metropolitan Opera radio broadcasts every Saturday afternoon, joined the glee club in junior high, and decided that she would become an opera singer. “I was delusional at that time!” she laughs. There was no doubt, though, that music was her passion. Atlanta didn’t yet have its own symphony, but when an orchestra toured to the city, Little was eager to attend. “It was the first time I heard a symphony orchestra perform live,” she recalls. “And I was just carried away.”

Assistant Principal Bass Jane Little was a 1945 charter member of the original Atlanta Youth Symphony Orchestra, the forerunner of the Atlanta Symphony Orchestra. Little will begin her 71st season with the ASO this fall.

Facing the Bass

Little continued to sing and planned to join the high school glee club when she entered her freshman year. But the orchestra director had different plans once she saw the results of Little’s music aptitude test, which every incoming student was required to take.

“I was called to the music room, and the orchestra director asked what instrument I played,” remembers Little, who answered that she didn’t play an instrument, but liked to sing. The director was shocked and explained that Little had scored tremendously high on the test. “I was 14 at the time, which is a little late to start an instrument, but she asked how I would like to be an orchestra musician. I said that I would like it more than anything!”

The orchestra was in short supply of bass players. At five feet and three inches, and weighing less than 100 pounds, Little seemed an unlikely match for the massive instrument, but she wanted to try. She struggled at first to hear the lowest pitches and could barely press down the thick E string—not to mention, even just carrying the bass around was no easy task.

“I thought, ‘Oh my gosh, this is going to be a challenge!’” she says. “But I was back for the next lesson, and the next, and the next.” After just a couple months of private lessons, Little was ready to join the orchestra—and not only did she join, but she was quickly appointed principal bass.

The next year, the Atlanta Youth Symphony Orchestra was formed under the direction of Henry Sopkin, a well-known youth orchestra conductor in Chicago. Little became a member of the symphony, which performed its first concert on February 4, 1945. In retrospect, that was the beginning of her 70-plus-year career with the Atlanta Symphony Orchestra (ASO); within three years, Sopkin transformed the youth symphony into the orchestra now known as the ASO.

Eventually, Little met someone who happened to be able to give her a hand carrying her bass. Warren, who would become her husband, joined the orchestra’s flute section in 1948. The two had first met at the University of Georgia, but Little was engaged to a naval officer at the time. She returned to ASO after spending a summer in Chicago studying with a great bass teacher from the Chicago Symphony Orchestra, and Warren noticed that Little was no longer wearing her engagement ring; she had broken her engagement in order to stay in Atlanta and continue playing with the orchestra. Warren asked her out right away. Their first date was a performance by the legendary violinist David Oistrakh.

“I must say that when I met Warren, I was very impressed that he played a small instrument, so he could carry my bass around!” jokes Little. The couple made music together in the ASO until Warren’s retirement in 1992.

Acing the Audition

Henry Sopkin led ASO for 21 years, increasing the budget, adding concerts, and introducing education initiatives. When he stepped down in 1966, it was announced that Robert Shaw—an exceptional choral conductor who had been working with George Szell in Cleveland—would become the next ASO music director. Little knew that even more changes would be ahead for the orchestra. She was excited, but nervous.

Shaw asked to hear every member of the orchestra play individually. Little had two weeks’ notice about the audition, and she didn’t waste a minute getting to work; she knew how crucial this could be. “I told my family that Christmas would have to be on hold that year,” she says. “I was practicing seven or eight hours a day, going through all the literature, doing everything I could.”

When she walked into the audition, Little felt immediately at ease with Shaw. She aced her audition: “I never played better in my life!” she exclaims. “When I got my contract, I was overwhelmed. Robert Shaw had appointed me co-principal of the bass section.” Little was later named assistant principal bass, and now holds emeritus status for that position.

Under Shaw’s watch, the ASO continued to build its reputation. Little can list off an impressive roster of guest soloists and conductors she has performed with—Nathan Milstein, Isaac Stern, Benny Goodman, Igor Stravinsky, Aaron Copland, and many more.

One of her favorite memories is of a sold-out concert with pianist Arthur Rubinstein, who was playing the Tchaikovsky Piano Concerto. “He plays the first big chords of the concerto, and all of a sudden, the piano starts rolling toward the end of the stage,” she recalls. “The people in the first rows were scattering. Everyone was just in horror!” Thankfully, the piano caught in the footlights, which kept it from crashing off the stage, and Rubenstein took it all in stride. Once the piano had been secured, the show went on.

The show went on for Little, too, as ASO became a full-time orchestra and gained international renown. She played under Yoel Levi, who became music director in 1988 and “brought the orchestra to new heights,” Little says. He was followed by Robert Spano of Local 148-462 (Atlanta, GA), who took over in 2000. “Through two major lockouts in the last four years, Spano has remained a friend and supporter to the musicians,” she says. “He was determined to maintain the orchestra’s status as a major symphony.”

Earlier in her career, piecing together a living was a bit more unpredictable. “Back then, when the orchestra was still part-time, you would go and beat the bushes for work,” she says. For 15 years, Little played with Theater of the Stars, where she was the only woman in the band. She taught private bass lessons and even saw one of her students grow up to join the ASO.

She’s played for opera companies, and remembers times when she was the only bass player in the pit, and had her instrument amped. She also played with the Savannah Philharmonic Orchestra, often making the four-hour drive with a group of fellow ASO musicians late at night after an ASO concert or rehearsal, in order to be ready for a rehearsal in Savannah the next morning. “You did what you had to do,” she states matter-of-factly.

Chasing the Record

Little, who belongs to Local 148-462, is grateful to the AFM, as well as the International Conference of Symphony Orchestra Musicians (ICSOM), formed in 1962, for improving working conditions for orchestra musicians. She has witnessed the positive changes to audition procedures, tenure, and the musicians’ ability to weather strikes and lockouts.

Little has done her share of walking the picket lines and remembers her husband’s determination to negotiate fair contracts—even if it meant late-night phone calls and meetings—when he served as president of the local. “It’s great protection to be a member of the AFM—the union is your friend!” she says. “It brings greater stability to our careers.”

Little has now completed her 70th season with ASO, setting the record as the orchestral musician with the longest-running career, despite enduring several injuries and challenges over the years. At a certain point, she explains, she knew that she had to keep playing because she was so close to that goal. “To be absolutely sure [that I break the record], I’m going to play into my 71st season,” she says, adding that she might consider retirement at some point during the season.

Of course, more important than any record is the unique dedication that she shows for her instrument and for symphonic music. Even over a seven-decade career, she continues to give her all at every concert, never resting on her laurels. She was recently preparing for an ASO concert that included Mendelssohn’s “Italian” Symphony and noted that it was one of the first pieces she played with her high school orchestra. “It’s still difficult!” she says, a testament to the fact that she always reaches to grow in her artistry.

“Suppose I had been absent the day that we took that music test?” Little wonders. “I probably wouldn’t have this career. I must say I’ve had a charmed life.”

52-Week All Media Cycle Addition in Commercial Announcements Agreement

by Maria Warner-Dowrich, Contract Administrator, AFM Electronic Media Services Division

52-week-media-agreementThere’s a new addition to the AFM Commercial Announcements Agreement. At the end of negotiations of the Commercial Announcements Agreement, June 5, 2014, the American Federation of Musicians and the Joint Policy Committee (JPC) agreed to add a new 52-week cycle in the all media initial use cycle and re-use cycle.

Under the new contract, with effective dates June 5, 2014 through June 4, 2017, the advertiser has the option to choose the 52-week cycle in all mediums and is not locked into any one or “sole” medium in any one cycle. These mediums include, but are not limited to television, radio, Internet, nonbroadcast, and foreign use.

Should the money savvy advertiser elect to choose the new all-media 52-week initial use cycle, they will save both monetarily and in terms of paperwork. But the main advantage of choosing this option is, the ability to use the AFM agreement as opposed to using the licensing agreement, and in so doing, the musicians immediately receive large pension and health and welfare contributions. The agreement will also provide a substantial upfront pay scale for musicians.

The all media payments are in addition to the appropriate minimum session fee payments (e.g., the one-hour session rate is $127.20 per side musician, etc.) The rates due arrangers, orchestrators, and copyists may be found in the music preparation section of the Commercial Announcements Agreement. Also applicable to session fee payments are: 16.5% pension fund contribution and $26, plus 6% health and welfare fund contribution. If the 52-week all media cycle is exercised, the additional payments (beyond the session fees) per spot, are $1,245 per side musician and copyist, with double scale for leader, contractor, arranger, and orchestrator, plus 16.5% pension and 6% health and welfare contributions.

If the advertiser elects a second 52-week all media cycle that payment is $933.75 per side musician and copyist, with double scale for leader, contractor arranger, and orchestrator, plus 16.5% pension and 6% health and welfare contributions. It’s the perfect fit for the busy advertiser looking to present a product in all media.

The attractive attribute of the new addition is flexibility to pick and choose, and mix and match the varied mediums covered under the Commercial Announcement Agreement for the applicable 52-week-cycle (one full year), and not three 13-week re-use cycles or 39 weeks in one medium, as provided in the previous agreement that was effective 2009-2012 and extended.

The new 52-week all media cycle agreement is thoroughly a win, win for all. But, it’s your call and we are here to assist!

carole king

King Honored by Kennedy Center

King Honored by Kennedy CenterLocal 802 (New York City) member Carole King will be honored by the Kennedy Center for influencing American culture through the arts. She joins an elite group of artists that this year includes Star Wars creator George Lucas, and actresses Rita Moreno and Cicely Tyson, among others. The Kennedy Center Honors will culminate in a gala performance December 6, which will be broadcast December 29 on CBS.

Protect the Product

Protect the Product: Don’t Skip the “Red Tape” of Union Requirements

by Patrick Varriale, AFM Electronic Media Services Division Director and Assistant to the President

Protect the ProductIn the old days, we would refer to it as protecting the tape, but with new technology, protect the product seems more appropriate. No matter what the terminology, it is as important today as it ever was.

It seems as if we have been writing articles on this subject matter since the dawn of time, but it is always worth repeating. When you are called to a recording session the first two questions you should ask are: 1) What type of recording project am I being called for? and  2) Who is the responsible party? Then, check to be sure the company is signatory to the proper AFM agreement, which you can do by contacting your local or the AFM.

The most common type of recording is a CD release. In that instance, you want to make sure:

1) That the company engaging you is currently signed to the AFM Sound Recording Labor Agreement (SRLA), or is a label under a major signatory, so that the recording activity of the record company is covered. (If the recording project is on a smaller scale, a limited pressing agreement may apply).

2) That an AFM B-4 report form is completed listing your services (guitar, bass, keyboards, etc.). If you performed overdub services, as opposed to doubles, you should be listed separately on the B-4 for each instrument. This will ensure that you receive proper payments from the Sound Recording Special Payments Fund for each of the next five years.

If your “product” is licensed for use in a new medium such as a theatrical motion picture, television film, or commercial announcements, you will receive the appropriate new use payments required by the SRLA. (See “Top 10 Reasons to Record AFM”). New use payments could end up being worth much more than the original scale payments you received.

Many times we hear that the musicians were advised to forgo the filing of a B form in an effort to get paid more quickly, rather than going through the “red tape” of union requirements. Believe me, the red tape is worth it to ensure that your services are properly covered.

We have heard many hard-luck stories from musicians who sometimes received more than scale “up front,” but now see their product being used repeatedly and are unable to pursue the extra payment that they would have been entitled to through the Federation’s process. Musicians who were victimized in this way tell us that they will never make that mistake again.

Here are a couple precautions pertaining to live recordings:

  • If you will be participating at a concert that will be recorded, you should contact the local where the live event will be held to see if a standard contract is in place to cover the live work. This is highly important because the live performance contract contains language that requires the “purchaser” to see to it that a written agreement is in place for the recorded performance.
  • Check the annual statement you receive from the pension fund to confirm that the work you performed is properly logged into the system. Check for any discrepancies and report them to the local as soon as possible. This will give the local and the AFM an opportunity to review inaccuracies and correct them. If you haven’t received this important statement because you have moved, please contact a representative of the pension fund and provide them with your current address.

Your product and artistry contributed to the recording. You should see to it that your valued services receive the optimum protection.

Support Fair Play, Fair Pay

On April 13, I had the honor of joining members of Congress Jerrold Nadler (D-NY) and Marsha Blackburn (R-TN), many well-known musicians, AFM President Ray Hair, and Local 257 (Nashville, TN) President David Pomeroy to introduce HR 1733, the Fair Play Fair Pay Act of 2015. This federal legislative protection has been a long time coming, and would have a great effect on our members in greater New York, and throughout the country.

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Conservatives Force Anti-union Bill into Law in Canada

An unconstitutional, anti-union bill (Bill C-377) has been forced through the Canadian Senate. Seven provinces oppose the bill, stating that it intrudes into provincial jurisdiction. Experts agree that the bill is unconstitutional for several other reasons as well, and when challenged in courts, will not survive. The bill attempts to force unions to disclose all of their financial information employers and to the general public. Unions and individuals across the board oppose the bill, from the NHL Players Association to the AFM to Conservative and Liberal senators to constitutional experts. The best opportunity for the public to oppose Bill C-377 is in the upcoming federal election.

Top 10 Reasons to Record AFM

In summary, and with apologies to David Letterman, the EMSD staff have compiled the Top 10 most important reasons why you should record under AFM agreements:

1Standard wages—You are guaranteed to receive at least the minimum standards for your services.

 Doubling and overdubs—In addition to the wage payments, the employer is required to make payments for your doubling and overdub services.

 Foreign use—If you perform services in the production of a show produced under most of the AFM’s television agreements, aside from the payment due to you for your original services, if the program is broadcast overseas, you will receive additional payments.

DVD payments—If the program is released into the DVD format, you will be entitled to additional payments that will continue to accrue based on the gross receipts.

Pension fund contribution—The employer is required to make a pension fund contribution on your behalf, which puts your session work into the system.

Health and welfare fund contribution—The employer is required to make a health and welfare contribution, either to the health plan of your local (if it has one), or directly to you.

Special payments fund—If you perform services on a session(s) for a sound recording, you are guaranteed to receive payments from the Sound Recording Special Payments Fund for the next five years.

Secondary markets fund—Under the Basic Theatrical Motion Picture or Television Film Labor Agreements you will qualify for distributions from the Film Musicians Secondary Markets Fund, should the film be released to outlets such as pay cable TV or the home video market.

 Reuse—Under the Commercial Announcements Agreement you will receive periodic reuse payments for any new cycles the commercial(s) enter into.

And the number one reason to record AFM:

 New use—If you perform services under an AFM agreement and your product is licensed for use in another medium, such as a theatrical motion picture, television film, or commercial announcement, you will be entitled to additional payments as if you had performed the work under that agreement.

David Byrne Talks Performance Rights

David Byrne Talks Performance Rights

Local 802 (New York City) member David Byrne, who became a board member of SoundExchange in May, visited Capitol Hill last week to speak with Representative Jerrold Nadler about the Fair Play, Fair Pay Act of 2015, which would create a performance right for sound recordings used on terrestrial radio and mandate royalty payments to record labels. Nadler has been a strong advocate for issues dear to artists and music companies and is co-sponsor of the bill.

CDs Have Taken On a Life of Their Own

CDs Have Taken On a Life of Their Own

by Kim Wysocki, Administrative Assistant AFM Electronic Media Services Division

CDs Have Taken On a Life of Their OwnInformation is power. I am the Electronic Media Services Division (EMSD) person who monitors the development of the CD jacket program and the filing of AFM B-4 report forms. I am happy to report that we are receiving more CD jackets from signatory companies in a timely fashion. When I first began ordering and processing CDs from the numerous record labels, I did it mostly in-between “other things.” Since then, it has grown with a life of its own.

EMSD works closely with major record companies, covered record labels, and independent labels who are signed to the Sound Recording Labor Agreement (SRLA) and its counterpart the SRLA Single Project Short Form (SRLA-SPSF). We began to request a “label copy” for each CD released by the label to provide us with as much information as possible about each recording.

The label copy often provides invaluable information: names of all participating musicians, their instrumentation, as well as the names of the studios where the recordings took place. This information is not always included on the album jacket and is not readily available elsewhere if the release is strictly digital. We’ve been successful in using an aggressive approach: formulating lists of releases from various sources (trade magazines, websites, etc.), submitting them to the record companies, and then following up when necessary.

Our research begins when we receive the CD jackets. Once our research is complete, we distribute copies of the CD jackets to the AFM local(s) in whose jurisdiction the recording took place. The local(s) then ensure that they have all the B-4 forms; that these forms are properly filed (including hours worked, doubles, overdubs, etc.); and also that there is a signatory in place. This is extremely important for wage and pension purposes. (We coordinate our efforts, share, and utilize information with the Pension Fund.) It also ensures that musicians are properly credited to receive checks from the Sound Recording Special Payments Fund for the next five years, as well as for new use (motion pictures, commercial announcements, etc.).

As a rule, locals should forward copies of B-4 forms to our office for any type of recording (sound recordings, limited pressings, commercial announcements, motion pictures, TV film, videotape/live television, etc.). They are kept for research purposes. I maintain a log of the B-4 forms I receive from locals and make sure that we send any and all copies of forms to my colleagues in the New Use Department, so they can prepare and submit new use billings on behalf of the musicians. For the B-4 report forms of symphonic recordings, I forward copies to the Symphonic Services Division.

If you have questions relating to the B form reporting program, please contact me at: (917) 229-0272 or by e-mail: kwysocki@afm.org.