Tag Archives: alan willaert

Changes at the Musicians’ Pension Fund of Canada/CBC Agreement Update

Pour voir cet article en français, cliquez ici.

I have been advised that long-time employer trustee and chair of the Musicians’ Pension Fund of Canada, Stanley J. Shortt, has retired from the board of trustees for personal reasons. A former senior executive whose corporate associations had included Eaton’s, Simpson’s, HBC, the TSO, and the Toronto Centre for the Performing Arts, Shortt was an integral part of the team for almost 30 years and was always committed to serve in the best interests of the membership.

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Alan Willaert Pic

Streaming Leads to Slim Profits

Pour la version française cliquez ici.

In the September 2013 International Musician, I reported statistics that represented the number of streams necessary to earn a minimum wage in the US. These numbers were based on the US federal minimum wage of $7.25 per hour or $1,160 per month for a 40-hour week.

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The Value of AFM Membership Is Realized Through Proper Contracts

Pour la version française cliquez ici.

Meeting with members is always an interesting exercise, and a way to keep in touch with the realities of the music scene, which can be both good and, well, not so much.

One of the most disappointing aspects is conversations with prominent musicians who have been members for a significant number of years, yet are in a personal quandary about whether to continue membership because they haven’t “seen any value.”

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contract

Union Contracts Strengthen Our Union in the Digital World

Pour la version française cliquez ici.

A recent online Rolling Stone article (“Musicians Get Only 12% of the Money the Music Industry Makes,” by Amy X. Wang) suggests that total music spending in the US is at an all-time high, an estimated $43 billion annually. Of that, Wang claims, musicians receive approximately 12%—which is apparently up from 7% in 2000. This huge disparity is blamed on “value leakage,” or more specifically, money siphoned off by various entities who are involved between the recording process and the delivery of content to listeners.

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social media

Social Media Can Unite Musicians, But Unions Hold the Power for Results

Pour la version française cliquez ici

Social media has provided our musicians and artists an entirely new way of reaching their target audience. It’s a wonderful way of expanding a fan base, posting daily activities and itineraries, and generally keeping the band relevant in a very competitive music environment. Inevitably, use of social media has also helped create a unique bond between the musicians themselves, in supporting each other’s shows, as well as sharing resources and information.

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CFM Lobbyist Recognized

In February, the Canadian Federation of Musicians, represented by Vice President from Canada Alan Willaert and Executive Director Liana White, joined in honoring CFM Lobbyist Isabel Metcalfe, who is stepping down from her chair position on the board of Famous Five, Ottawa chapter. Metcalfe has advocated for women’s rights and recognition with passion and spirit for the past 20 years. The CFM is pleased to have her here for CFM and its members, advocating for our musicians and our community. At a reception honoring Metcalfe’s contributions, her message to women was: “Keep pushing, keep driving, keep striving, keep growing!”

Article in French.

Alan Willaert Pic

2018 Negotiations to Bring More Covered Work

by Alan Willaert, AFM Vice President from Canada

The Canadian Office has several negotiations occurring simultaneously. Some of these negotiations are ongoing and others are just beginning. We have been at the table with the jingle industry for more than a year. When bargaining a successor agreement began, there seemed to be a taste from the other side for more inclusive packaging, where several platforms could be purchased up front in one-year increments. That has now changed, and the emphasis is now dubbing different iterations for web use. What was once being referred to as “new media” is now simply “digital.”

When the current agreement was written, Internet advertising was in its infancy, and the revenue was small in comparison with television and radio. Now, of course, the Internet has become a mainstay and is treated as a third and equal platform.

These rather massive shifts in how advertising agencies spend their dollars have made it imperative that we completely revise the language and find ways to simplify pricing. While there are several obstacles to be overcome, there is light at the end of the tunnel and finalization of a new Commercial Announcements Agreement is imminent.

After many years, we have finally been successful in getting the Canadian Media Producers Association (CMPA) to agree to negotiate. This will be the first independent production agreement for use in Canada, an important step because our General Production Agreement (currently negotiated with the CBC) is not a particularly good fit for independents. Once in place, it will represent more covered work for our members, and we should be able to capture productions that are now either done dark or offshore.

The first meeting took place January 31. Representing the Federation were AFM President Ray Hair, Michael Murray of Local 149 (Toronto, ON), EMSD Supervisor Dan Calabrese, Executive Director Liana White, and myself. The next bargaining date will be March 12.

The same team will be in place for negotiations set to kick off March 13, as we begin bargaining with the remaining three terrestrial broadcasters: Corus Entertainment, Rogers Communications, and Bell Media. The hope is that the current General Production Agreement (GPA) can be used as a template. Right now, certain music programming is being done under a letter of adherence to the GPA, such as CTV’s The Launch (look for the CFM logo in the credits), the Junos, and other award shows. This will allow us to capture all productions with live musicians, as well as scoring.

With the assistance of Local 293 (Hamilton, ON) President Larry Feudo and Secretary-Treasurer Brent Malseed, we have entered into negotiations for a successor contract with the Canadian Country Music Association (CCMA), in anticipation of this year’s awards, hosted by the city of Hamilton. CCMA has agreed to a three-year deal to avoid repetitive bargaining.

The spring and summer will be extremely busy finalizing agreements, but the payoff will be more covered work for more members, which after all, is the point.

Click here for this article in French.

Who says this stuff

Who Says This Stuff?

There is no doubt that the Canadian Federation of Musicians (CFM) has been predominantly concerned of late in seeking new employers to bargain agreements with, and specifically those involved in media. Recording—on camera and off—presents an assortment of revenue streams for members in the areas of capture, reuse, new use, supplemental markets and new media, or streaming. This is important work and extremely valuable to the musicians employed in those areas.

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CFM Negotiates with the Media Giants

The General Production Agreement negotiated between the CFM and the Canadian Broadcasting Corporation has been ratified with an overwhelming majority. As a response to requests by the members, modifications were made to once again identify underscore and theme music that would require reuse payments outside of the one-year window. Fees increased by nearly 5% and the revenue sharing aspect of Distributor’s Gross now includes licensing as well as sales.

And of equal importance, ratification indicates that we now have an up-to-date template to use as we prepare to negotiate a similar deal with Rogers Communications, Bell Media, and Corus Entertainment. During conversations with all three to determine dates to begin bargaining, it became apparent that there is an appetite among the three media giants to bargain simultaneously. To that end, the tentative timeline is sometime in February 2018.

Commercial Announcements Agreement

In the mix as well is the Commercial Announcements Agreement, as the Association of Canadian Advertisers (ACA) and the Institute of Communications Agencies (ICA) have returned to the table after a yearlong hiatus. Significant amendments are being considered with this contract since online advertising, once considered a small part of the industry, has become a significant part of productions. While fee increases and housekeeping are also on the table, major revisions are being contemplated because of massive shift in how jingles are now created. Fortunately, there is a desire on both sides to make the agreement more relative and user-friendly.

Consultations with independent producers have finally led to an upcoming meeting with the Canadian Media Producers Association (CMPA). While still in the early stages, it’s my hope that the result will be a Canadian agreement for independent production. I will report more on this in the near future.

NAFTA & TPP Update

Recent meetings of the Canadian Labour Conference confirmed that the North American Free Trade Agreement (NAFTA) and the Trans-Pacific Partnership (TPP) remain very serious concerns for organized labour in Canada. As reported previously, the CFM has been appointed to a NAFTA committee to provide input on certain aspects of the cultural sector. We have also made presentations during public consultations on the TPP, as the subject matter has similar concerns for musicians, specifically regarding temporary entry into Canada and copyright. We continue to push for what is fair, although it would appear at this juncture, that both those agreements are in peril.

As you may have surmised, we have a busy schedule coming up, both in finishing 2017 work and with projects that will take us well into next year. Major, first-time negotiations are on deck, and with lots of hard work and a little luck, there will be a significant increase in contracted media work.

I would like to wish all our members, officers, and staff a very Merry Christmas, as well as a safe, healthy, happy, and prosperous New Year.

Don’t Quit Your Day Job

The campaign to get musicians paid for showcasing at the BreakOut West festival in Edmonton this year spawned three weeks’ worth of radio interviews, print, and online media coverage, as well as social media jousting, and effectively polarized two viewpoints. While most articles were fair in representing the views of the CFM, as well as the festival’s organizers, the notion that musicians should be paid for their performances should have been a clear winner in the opinion polls, especially with effective adhesion to the social justice issue of a fair minimum wage.

Yet out of the woodwork came arguments so ludicrous (albeit to me) that I had to stifle the chortles and guffaws. Somewhat miraculously, those arguments were embraced by a portion of the media and, by extension, their readership. I think it is noteworthy to review, if for no other reason than to apprise members.

One assertion by the festival organizers was that many of the musicians were, in fact, being paid to perform through individual grants from the provincial government or their music industry association, and in some cases, the Foundation Assisting Canadian Talent on Recordings (FACTOR). They claimed that this was the “model” of the future. This claim was usually followed by, “There was once a need for a musicians’ union, but not anymore.”

I consider this to be one of the most ludicrous positions ever presented. The notion that musicians should no longer encumber an employer with such trivial things as fees and pension, in favour of asking for government handouts as a means for surviving in the music industry, borders on ridiculous. Only an employer would have the audacity to suggest this and musicians are the only genre of worker that would give it a morsel of credibility. Imagine the response from actors, directors, screenwriters, or stagehands were it communicated that they should no longer look to the film producer for remuneration, but instead seek government grants to provide for their families.

As for the value judgement on a need for the AFM, that rhetoric is not new. It’s used by every employer to dissuade every member of every union in the Canadian Labour Congress (CLC) from participation. It is part of the perpetual attack upon the labour movement, right-wing style.

Another offering by the press suggested that it should be the musicians’ choice whether they wish to donate their services, or that perhaps the whole thing should be treated as a large audition, not a gig. Perhaps this would have merit if the organization involved was a charity, not a well-oiled machine that makes deliberate “policy” to pay everyone involved, except the musicians (who, by the way, are the folks the event is all about).

In addition, these nonpaid “showcases” take place in licensed venues, packed with festivalgoers and making huge profits from liquor sales. A venue that would normally be required to pay for their entertainment, during the festival, gets to watch the bands sweat the night away for free. As for treating it as an audition, I pick no. Real auditions are in a private room to a select few, not in a club where the audience dances, tickets are sold, and beer is swilled. You audition to find work, not to be selected for a chance to perform gratis at yet another festival, and then another. And no, there is no major label A&R person waiting to sign you at 2:00 a.m. in an Edmonton bar.

Finally, the big carrot offered by the festival—a wristband; in other words, a free pass to your own show. By my loose calculations, each band spends hundreds of dollars for travel, accommodations, and food, but are not offered even the price of parking.

The bottom line is that festivals providing no remuneration for services have no regard for the music industry at all. If they did, they would acknowledge that musicians are a fragile part of the music ecosystem, the roots if you will, and must be nourished and fostered to encourage them to seek music as a viable career option. Instead, these festivals choose to build an industry that, as a part of Canada’s Gross Domestic Product (GDP), is larger than mining and lumber combined, yet there appears to be no sustainable livelihood for the musicians.

So in the end, the BreakOut West Festival did, indeed, impart great wisdom upon those musicians in attendance, a message of enormous gravity and substance: Don’t quit your day job.