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Organizing

Creating the Conditions for Sustainability in Recording

by Marc Ribot, Member of Local 802’s Artist Rights Caucus

Local 802 (New York City) guitarist Marc Ribot is an active member of the local’s Artist Rights Caucus.

The Artist Rights Caucus of Local 802 (New York City) congratulates AFM President Ray Hair and the AFM’s negotiating team on the impressive gains won in the Sound Recording Labor Agreement (SRLA). We share President Hair’s hope that these gains reflect a beginning of the end of the disastrous period in which our industry “reel[ed] from the erosion of traditional business models … in the context of revenues that have declined by nearly two-thirds in the last two decades.”

As President Hair’s column “Streaming Funds Pension, Residuals in New Label Deal” (March 2017, IM) made clear, these gains reflect both the solidarity of our membership, and the tough, skilled negotiations of the AFM’s representatives. They also reflect growth in the industry as a whole.

However, if this progress is to be sustainable, working musicians can’t afford to be spectators in the fight against Silicon Valley’s attacks on our rights and livelihoods. We need to understand how the mass infringement of copyright by online services continues to limit and threaten growth in our industry, and we need to continue the fight against this and other Silicon Valley attacks.

We need to understand that the 57% gain in the streaming market does not represent a 57% gain in overall industry revenue. Actual industry growth in 2016 was somewhere between 3.2% and 8%, according to the IFPI Global Music Report 2016 (ifpi.org/news/IFPI-GLOBAL-MUSIC-REPORT-2016). Although streaming revenue growth rates are up, the rate per spin continues to fall. So as streaming cannibalizes sales, it not only fails to make up the revenue from sales, but as reported on the website Digital Music News (www.digitalmusicnews.com/2017/05/16/spotify-audiam-low-rates/), it makes up a shrinking share of overall revenue. Also, we need to understand recent growth in the context of overall industry losses of more than 60% since 1999, as reported in an April 2015 Music Business Worldwide article (www.musicbusinessworldwide.com/global-record-industry-income-drops-below-15bn-for-first-time-in-history/).

New York City rank-and-file group Musicians’ Action demonstrates for Artists Rights outside hearings
on section 512 of the Digital Millennium Copyright Act being held by the US Copyright Office in the Thurgood Marshall Courthouse in Manhattan.

For growth to be sustainable, and for it to come close to offsetting the revenue lost from the dramatic decline in CD sales and legal downloads, we need to end the mass infringement of copyright taking place on YouTube and pirate sites. Until the “safe harbors” that protect online corporations profiting from mass infringement are restricted, there is no way that the streaming market can ever hope to reach its potential. Indeed, it is highly questionable whether Spotify, which has yet to post a profit, and which may soon face major challenges from songwriters and publishers, can even survive.

Musicians and creators have a tremendous stake in ensuring that online services are viable for users, distributors, and creators. We can gladly support user access to music in many different formats—including streaming—so long as our copyrights are respected and we are adequately compensated. But we will never be adequately compensated through streaming services unless all services compete on a fair and equal footing.

Right now, this is not the case. Fully licensed and legal services like Spotify, Deezer, and Apple must compete against platforms that reap ad-based profit from mass infringement (e.g., YouTube) or provide access to pirate sites (e.g., torrent sites via Google search), while hiding behind the safe harbor clauses of the Digital Millennium Copyright Act (DMCA). This unfair competition prevents the development of a true market for online music, depresses licensing revenue, slows conversion to the paid (premium) tiers of streaming services, and ultimately, takes money out of the pockets of musicians and the companies that hire musicians.  

In order to sustain the gains won in recent contract negotiations, the AFM must address these impediments. It can do so by focusing its political resources on the legislative goals outlined in the AFM and music community response to the US Copyright Offices (USCO) inquiry on Section 512 of the DMCA, mobilizing resources and membership in support of these goals, and urging the other unions and organizational signers of the music community USCO response to do the same.

The members of the Artist Rights Caucus of Local 802 understand that the futures of our livelihoods, industry, and art form are at stake. We believe that together, through our union, we can reinstate fair market conditions in our industry, and sustain the progress made in this contract into the next one and beyond. Questions or feedback for the Artist Rights Caucus can be sent to: artistrightscaucus@gmail.com.

Ray Hair
Officer Columns, President's Message

Unallocated Contributions Support Each Participant’s Pension

Note: Fund updates appearing in this column are not applicable to the AFM’s Canadian pension fund, known since August 2010 as Musicians Pension Fund of Canada. 

To improve its funded status and restore its health over the long term, the American Federation of Musicians and Employers’ Pension Fund (Fund) needs additional employer contributions as well as good investment returns. For the plan year that ended March 31, 2017, higher employer contributions and strong investment performance kept the Fund out of critical and declining status for the plan year that began April 1, 2017. Whether the Fund can stay out of critical and declining status in the future will depend in part on income each year from employer contributions and investment returns.

Continue reading →

Legislative Update

Senate Health Care Debate Timeline

As a follow-up to my August 2017 IM column on health care, this details recent actions on Capitol Hill. The House completed its work and passed a repeal and replacement for the Affordable Care Act (ACA) health care bill. The 2017 House American Health Care Act (AHC) was then forwarded to the US Senate for consideration. Upon receipt, the Senate determined that it needed to compile its own proposal. Hence, Senate majority members went into closed session to draft a new proposal.

The Better Care Reconciliation Act of 2017 (BCRA) was introduced as the vehicle used by Senate leadership to start the repeal and replace process. The following timeline provides a sense of Senate action, along with a glimpse at the procedural difficulty encountered after the seven-year attempt to totally eliminate the ACA. Though this process goes back seven years, we begin in 2017 with the 115th Congress, where a single party controls the House, Senate, and White House.

Health Care Timeline

May 4: House passes its version of health care reform, the American Health Care Act of 2017.

May 24: Congressional Budget Office (CBO) reports House bill (American Health Care Act) increases federal deficit by $119 billion; over 10 years 23 million would lose health care.

June 13: President Donald Trump weighs in with Senators at a White House lunch to “make the [House] bill more generous.”

June 22: Senate releases its Better Care Reconciliation Act of 2017.

June 26: CBO reviews draft Senate bill.

June 27: Senate Majority Leader Mitch McConnell delays vote; not enough votes for his Better Care Reconciliation Act (BCRA).

July 13: Republicans present updated version; moderates say new version will hurt those with pre-existing conditions.

July 15: Procedural vote delayed because of Senator McCain’s surgery.

July 17: Senators Mike Lee and Jerry Moran kill the bill by announcing they would vote against it.

July 25: Senator John McCain votes for a motion to proceed.

July 25: Senator Ted Cruz introduces a health care bill amendment to allow insurers to sell low cost health
insurance; bill is rejected by the Senate.

July 27: McConnell announces plans for his Health Care Freedom Act, or as his colleagues call it, “skinny repeal” bill; will not replace the ACA for two years or have a two-year transition period. It is supported by the White House, but Senators oppose the tactic.

July 28: ACA repeal vote takes place, defeated by all Democrats, and Republicans John McCain, Lisa Murkowski, and Susan Collins; bill would leave 16 million more people uninsured than ACA. After the vote, Trump continues to push for a health care resolution, while McConnell insists on moving on to tax reform and the debt ceiling.

July 28: House on August recess while Senate remains in pro forma session with no changes to the Affordable Care Act. (The pro forma session prevents President Trump from making recess appointments.)

For AFM members subject to requirements outlined under ACA, you should know that no additional work on health care has been scheduled. We expect more information after the August recess.

Recent News

Highlights of EMSD Special Focus Issue

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

Welcome to the 2017 Electronic Media Services Division (EMSD) focus issue of the International Musician. The EMSD is the division of the AFM responsible for servicing recording musicians (with the exception of symphonic electronic media, which is administered by the Symphonic Services Division). We are confident that this issue has articles relevant to all readers.

In this issue EMSD Contract Administrator Maria Warner Dowrich reports on the one-year extension of the Commercial Announcements Agreement; Mary Beth Blakey provides an updated list of EMSD staff dedicated to providing the utmost in service to musicians whose livelihoods are impacted by the EMSD; and Matt Allen speaks to the various soundtrack album provisions of the Basic Theatrical Motion Picture and Television Film Labor Agreements. Administrative Assistant Cecelia Gray tells readers about her role juggling a huge volume of jingle new use projects. My article below explains the EMSD’s role in the AFM’s new Officer Training Program, which is available to locals prior to regional conferences. My other article is about the importance of filing live performance contracts and how potential electronic media payments are impacted.

In this issue, you will also find informative articles from Recording Musicians Association (RMA) President Marc Sazer, Contractor Juliet Haffner, and Local 802 (New York City) member Marc Ribot on behalf of the Artist Rights Caucus. I thank them for their contributions to this issue.

Last, but certainly not least, I am especially glad to have Local 47 (Los Angeles, CA) member Carl Verheyen as the cover story for this issue. As you will read, he has had a long and successful recording career. I cannot tell you how pleased I am to have Verheyen associated with this issue.

As this issue goes to press, the West Coast Office is relocating to Burbank (from Hollywood). It is operating out of a temporary space while the new office is being prepared for opening in mid-September. Special thanks to the staff in that office for their attention to this issue during this time of inconvenience and for their sincere dedication throughout the year.

I also want to recognize the personnel in the EMSD New York Office. Over the past year, they have taken on a greater workload and I cannot thank them enough for their “day in and day out” tireless effort to the cause.

I would also like to take this opportunity to thank in-house AFM Counsel Jennifer Garner and Russ Naymark for their invaluable assistance in negotiations of our major agreements, resolving long outstanding claims, and lending their expertise to the many special agreements that this office is involved with to cover the recording work of our great musicians.

I hope you enjoy these articles. Please let us know if you any questions. We are always glad to be of assistance.

Recent News

The Importance of Tracking Commercial New Use

by Cecelia Gray, Administrative Assistant, AFM Electronic Media Services Division

Commercial new use is a rapidly expanding segment of the Commercial Announcements Agreement. In late October 2016, the full administration of the Commercial Announcements Agreement was transferred to the AFM’s New York Office, and in the time since, we have received more than 400 song inquiries from ad agencies looking to use existing tracks in their ad campaigns.

This article explains this often overlooked source of revenue, the processes by which we determine if AFM fees are owed, and the trends in track selection. Remember, you are your own best advocate. We hope that, in understanding what we look for in order to create an accurate invoice and the seasonal patterns of usage, you will be on the lookout for uses of your work that you have not been paid for.

The vast majority of commercial new use that comes through our office arrives via ad agencies that are looking at songs for a potential campaign. Each song on their list must be thoroughly researched. In order for the most accurate invoice to be created, we need to locate the original session information. Without a B Form, it is difficult to determine doubling, overdubs, and any music prep services that were done in connection with the track.

These original report forms may be on file at the local where the recording took place or in the local that the leader considered his/her home local. The sessions may have taken place in several jurisdictions and the session reports may be filed at multiple locals. Sometimes the track is so new that the forms have not even been filed yet. Because of this, the research we do is both important and complex. It can often take weeks to assemble a complete picture and generate an accurate estimate of costs, but without taking the extra steps, we wouldn’t be able to secure the payments the musicians are owed.

Once we have the B Forms, fees are calculated based on the territories in which the ad will air, the length of time the ad will be aired, and the media on which the ad will air. A more detailed breakdown of these costs can be found on our website, but the general formula is the session and initial use fee (i.e., whichever media has the earliest first air date), followed by any subsequent uses (e.g., conversions, dubs, Internet, foreign).

Generally speaking, each of these uses has its own B-6 report form to ensure we are accurately tracking the usage and checks issued by the payroll company. This will also allow us to easily “re-up” a commercial, if the company feels it is still effective and would like to continue usage outside of the initial cycle. This would result in additional payments for the musicians.

The trends are largely common sense. The holiday seasons generate a large number of short-term ad campaigns, and there is another uptick in volume just before the Super Bowl. Because we are now living in a world where we are bombarded by advertising, the stream of requests never quite slows to a stop. During weeks where we receive minimal research requests, we are likely chasing down leads from prior weeks. The most surprising trend for us has been the use of motion picture scores in commercials, particularly scores from the mid-1990s and earlier.

So what does this mean for you? This means that you should always keep your ears tuned in for your work that may be used in commercials. We are surrounded by advertising and the sheer volume of it means there is a lot of previously recorded material being used on a daily basis. Just because you are a session musician who largely works on motion picture or sound recording sessions does not mean you should let your guard down.

If you receive checks for a commercial new use, please seek out that commercial and become familiar with it. If you see the commercial airing for longer than was indicated on your check, feel free to call us as you may be owed money for additional uses.

Above all else, be sure to file your B Forms in a timely manner and in the city where the work was done. Every type of new use benefits directly from simply having the forms in good order. You are the direct beneficiary of ensuring everything is in order.

Recent News

The Joys of Being a Musician’s Contractor

by Juliet Haffner, member of Local 802 (New York City)

“Julie, you have to hear this,” said Recording Engineer Gary Chester, calling me into the recording booth. He played back the freshly recorded track. It was the finale scene from Cradle Will Rock, the motion picture written and directed by Tim Robbins. I listened to the track: David Robbins’ incredible composition, masterfully orchestrated by David Campbell of Locals 47 (Los Angeles, CA) and 802 (New York City), and played by the fantastic AFM musicians that I contracted. It sounded fabulous. Hearing this exuberant and joyful track was the payoff for months of work coordinating the musicians for the film. 

This post-production session was the culmination of a 10-month project that included three months of filming with 28 sidelining sessions, prerecording, on-camera recording, and post-production. All of the work was filed under the AFM Motion Picture Agreement. As contractor, I was responsible for the musicians’ weekly payroll during the entire project. In addition to basic scale, on-camera musician payroll included wardrobe fittings, wardrobe removal allowance, makeup, travel time to sets, meal penalty allowance (the company must provide a meal break after six hours of shooting or pay a penalty), and additional scale for live on-set recording.

Through the years, the AFM has negotiated all of these provisions. It was tedious work to keep track of every little detail, but I was grateful that I had a contract to follow, and that the musicians were compensated fairly. In addition to the film score, there was a soundtrack CD for which I filed a whole separate contract with musicians under the Sound Recording Agreement.

Cradle Will Rock featured songs by Marc Blitzstein, as well as David Robbins’ original score. I needed musicians who could play diverse musical styles. My friend Paquito D’Rivera was in town and played on the Latin conga march scene. We also needed a Kurt Weill type band sound (complete with banjo and accordion), plus strings that could play ballads, classical, gypsy, as well as swing. When Tim Robbins thanked me for putting together such a great band, I was pleased that I had accomplished my goal of fulfilling the musical requests of the composer and arranger.

My other goal as contractor on this project, and every project I’ve booked musicians for, including numerous recording sessions such as Aerosmith’s Nine Lives and films such as Bringing Out the Dead, was to never hear the question “Where’s my money?” As a violist, when I work for employers, I assume that they have taken care of the payroll details. When I’m responsible for those details, I can’t take a chance of being liable for the money, if there is a problem. Someone, somewhere has to sign something. That is why the AFM exists, to enforce agreements that protect musicians.

In addition to side musicians, composers, orchestrators, and arrangers benefit from AFM agreements. As a contractor, I submit their bills (not including the composer’s artistic fee) with the musicians’ contract so they don’t get lost on someone’s desk.

The cost of musicians is just a tiny fraction of a film’s budget. Still, sometimes I have to come up with creative ways to make sure musicians get paid. For the David Mamet film The Winslow Boy, the producer asked me to be the signatory. I told her that I couldn’t be responsible for future payments. I suggested that her production company be responsible for the session payments and the distributor take care of the Film Secondary Markets Fund payments. She agreed. The musicians’ pay was handled by a payroll company. There are numerous options that make it easy for producers to file AFM agreements, even if they are not signatory. 

When Elmer Bernstein uttered, “I have never done a session with so many first takes” from the podium in an offhand way, or David Mamet said, “The music is magnificent,” I felt a sense of joy and pride for the musicians that I hired. But the best part was getting them paid fairly for their work on AFM contracts. And, those films continue to pay musicians through the Film Secondary Markets Fund.

Joseph Conyers
On the Cover

Joseph Conyers: Taking Community Involvement to the Next Stage

Philadelphia Orchestra Assistant Principal Double Bassist Joseph Conyers of Local 77 (Philadelphia, PA) leads the opening Project 440 seminar in Carnegie Hall’s inaugural NYO2 program at SUNY Purchase during Summer 2016. Project 440 presented programs in social entrepreneurship and college preparedness for students.

Joseph Conyers, assistant principal bassist for The Philadelphia Orchestra, is committed to community engagement and a belief that all young people should have music in their lives. Proof that actions speak louder than words, he is a cofounder and the director of the nonprofit organization Project 440, music director of the All City Orchestra of Philadelphia, an adjunct professor at Temple University, and on the national advisory board for the Atlanta Music Project. He also works closely with the Curtis Institute of Music and the Sphinx organization and is on the artist roster of the Chamber Music Society at Lincoln Center.

“The things that drive me most are: I love music so much and I know how music can change and help people in so many different ways, whether it’s psychological, emotional, or physical, it empowers,” says the Local 77 (Philadelphia, PA) member.

Conyers spoke by phone from Seoul, Korea, on a break during The Philadelphia Orchestra’s Asian tour. Like much of what he does, Conyers views these overseas tours, his sixth with Philadelphia, as a service. “We represent our country and Philadelphia,” he says. “The universality and connectivity of music comes to life. In a lot of ways, I feel fulfilled doing my civic duty as a musician.”

Conyer’s mother, a classical music enthusiast and amateur singer, noticed he had an instinct for rhythm. She signed him up for piano lessons at age five. Conyers chose the bass at age 11. He recently celebrated his 25th year on the instrument, which he selected for its size and boldness. “From my very first lesson I was trying to do things like vibrato because I wanted to show that the bass can sing,” he says.

Conyers has fond memories of growing up in a nurturing environment in Savannah, Georgia, that allowed him to grow as a musician. That’s why, after he heard about the Savannah Symphony going bankrupt, he knew he had to do something. Along with two other musicians who grew up together, Blake Espy of Locals 77 and 661-708 (Atlantic City, NJ) and Catherine Gerthiser, Conyers founded Project 440 (P440) to fill the void in music education and engagement left after the Savannah Symphony pulled out.

They soon discovered, despite their combined networks of contacts, it was challenging to find musicians with the right skills to work with the kids. Rather than be discouraged, Conyers saw an opportunity. They changed the program’s focus and moved it to Philadelphia when Conyers relocated to the city, which he saw as an ideal place to begin program expansion and development.

“Musicians weren’t engaged in their communities in a constant and substantive way. A lot of orchestras were going under and we felt that, if we train musicians at a young age to think of their communities as part of their musical experience, we could change that,” Conyers says.

Today, P440 is based on a three-prong approach that uses music as a tool to empower young people. The focus is: College and Career Preparedness—exploring career paths and skills that music can lead to; Entrepreneurship and Leadership Building—ideating and creating what their lives can look like in the future; and Community Engagement—serving the community through music.

“Most of the people we work with will never become professional musicians, but they will become better people through music,” he says. Currently, P440 works with the All City Orchestra of Philadelphia, which showcases the best young Philadelphia school musicians. But big things are in store next year when all students involved in music at Philadelphia schools (about 20,000) will have access to P440 programs.

Not only is P440 showing results, but even more exciting is that it’s part of a city-wide initiative to provide young Philadelphians access to music education. The Philadelphia Music Alliance for Youth (PMAY) consortium, funded by a $2.5 million Andrew W. Mellon Foundation grant, brings together 10 organizations, including The Philadelphia Orchestra, to build a pathway for students in underrepresented communities (URCs).

“If we can change the narrative of why music is important for kids, especially in urban centers, it can give them opportunities and create thought processes that they might not have ever encountered before,” he says.

Eventually, says Conyers, programs like this will also help create more diverse professional orchestras by “casting the net wider” in terms of young exposure to classical music and training. “Music is a language and languages are best learned when you start quite young,” he says.

Despite his strong love for music, right up until he was accepted to Curtis Institute of Music, Conyers wasn’t sure music would be his career. “I always had two loves—music and meteorology,” he explains. “I had a plan B in my head, but getting into Curtis changed the direction of my life. I went all in with music and had a wonderful time at Curtis.”

Before graduation, Conyers had joined Local 77 (Philadelphia, PA) and began doing freelance work. It didn’t take him long to realize the benefits of AFM membership. “I did some gigs just starting out that were pretty horrible,” he says. “When you are in school, you don’t realize the power of this collective, the role it plays, and the history behind it. The union has allowed for the comfort and prosperity of many musicians. It’s neat to know I am part of something that enables me to work at a comfortable level and get an honest wage.”

Following college, Conyers became principal bass with the Grand Rapids Symphony. “That was a fantastic town and I learned so much there,” he says, recalling his experiences. When the symphony asked if he’d like to be a soloist at an upcoming concert he thought for a few seconds and then answered with his own question: “Can it be a commission?”

“The repertoire for the double bass is limited to about four standards that all bass players know. I thought this was a wonderful opportunity to add something,” explains Conyers. He asked his friend, John B Hedges, to write a piece.

“Prayers of Rain and Wind is a complete reflection of my life—my favorite composer [Brahms], my mother’s favorite hymn, my love for weather, even the sound of my church and church choir are in the second movement. Every time I play it I feel like I’m bringing a little piece of Savannah and my upbringing to a different audience,” he says.

Conyer’s next position, with Atlanta Symphony Orchestra, was like moving back home. But he didn’t stay long. When a bass spot opened up with The Philadelphia Orchestra, the first bass opening in 16 years, Conyers knew he had to audition. 

“From the first time I heard the [Philadelphia] orchestra play [as a freshman at Curtis in 1999] I was spellbound, just completely wrapped up in the sound and I felt it was something I wanted to be a part of,” he says, though he thought his chances were slim. “Lo and behold there was an opening; I went in and my life was changed forever.”

He says that working with The Philadelphia Orchestra and his mentor Hal Robinson of Local 77 is a dream come true. “It’s surreal; I’m pinching myself on a regular basis. There are no words to describe the joy I feel being able to make music with this ensemble on an almost daily basis,” he says.

Today, Conyers is proud of his chosen home city and his orchestra’s commitment to community. “The symphony orchestra can’t save the whole education system in the city, but it can be a leading voice in that conversation of how we can provide points of opportunity in communities and help bring others to join a coalition,” he says. “I see this as a huge opportunity for orchestras. Symphony orchestras can impact the greater community, and for me, that’s super exciting.”

health care
Legislative Update

Renewed Focus on Arts, Health Care, and Performance Rights

NEA and CPB Funding

In a May 31 communique, AFL-CIO President Richard Trumka released an analysis of the White House’s FY 2018 federal budget. Within the Document entitled, Budget of the US Government: A New Foundation for American Greatness, the White House made several recommendations that cut short the ability of the US Government to invest in arts and culture. Under the section “Other Programs and Agencies Eliminated,” they list the Corporation for Public Broadcasting, the National Endowment for the Arts, and the National Endowment for the Humanities.  

The White House’s March 18 budget release was merely an outline of the budget, which allowed AFM members to organize a Save the NEA campaign, an email campaign to Members of Congress expressing AFM members’ discontent over White House budget cuts to the arts. This successful mobilization program allowed AFM members, family, and friends to send approximately 4,301 emails to members of Congress encouraging them to make adjustments in the congressional appropriations process to recognize the intrinsic value of arts funding. In particular, such funding promotes a vibrant economy that, in turn, generates and contributes significant tax dollars designed to reinvest in local communities. For every dollar contributed by the NEA, the agency generates eight dollars to the community’s financial well-being.

Our work continues with the letter writing campaign in support of the tireless efforts of the House Arts Caucus led by Representative Louise Slaughter (D-NY) and Leonard Lance (R-NJ), along with the Department for Professional Employees of the AFL-CIO, the Congressional Arts Group, and myriad other individual artists and arts organizations across the country. If you have not written a letter to Congress on this vitally important issue, please visit the AFM website (www.afm.org/2017/02/nea) for information.

Health Care

Republicans are looking to complete the repeal and replacement of the Affordable Care Act (ACA), or Obamacare. The new legislation, which passed the House May 4 by a vote of 217 to 213 (with 20 Republicans and all Democrats voting against it), is now under consideration in the Senate. The House bill suffered through interparty squabbling as various Republican caucuses disagreed with certain provisions. There were fears that, if passed, the poorly crafted bill could lead to a Democratic takeover of the House of Representatives.

Among principal concerns from Republicans was the belief that the bill should include provisions for coverage for people with pre-existing conditions, as well as those with employer-based health insurance. After a month of wrangling, the bill was yanked from the floor, with both moderates and conservatives threatening not to vote for the bill until these issues were worked out.  

In the House, the Budget Office (CBO) score was not released until after the bill was passed. It showed that more than 23 million Americans could lose their health care benefits by 2026—more people than if Obamacare remained intact.

After House passage, the bill moved to the Senate where Senators agreed to disagree with the content of the bill and decided to totally rewrite it. As the House moved as quickly as it could to put a bill in place, the Senate worked behind closed doors with 13 Republican Senators drafting a revised bill. There was major concern over the bill being drafted without a CBO score analyzing its costs. The Senate decided to delay releasing its bill until all the pieces are in place. Democrats protested because the bill will apparently not be the subject of committee hearings or debate on the floor. Democrats also complain the bill may cause unnecessary spikes in premiums for low-income families, older Americans, and those with pre-existing conditions.

As of this writing, the Senate is looking to release its bill by June 19, aiming for a full vote in the chamber just prior to the July 4th holiday recess. Many senators are hoping for a revised CBO score before they vote for the bill.

Fair Play Fair Pay Act

The AFM’s work toward a legislative solution to a performance right on AM/FM radio continues. H.R. 1836, the Fair Play Fair Pay Act, which was introduced by Congressman Jerrold Nadler (D-NY) and Marsha Blackburn (R-TN), is a key piece of legislation being spearheaded by the musicFIRST Coalition. First, the bill levels the playing field by having AM/FM radio stations pay performance royalties for music they air. Secondly, it provides real protection for small, local stations (AM/FM stations with annual revenues below $1 million) to pay just $500 a year. Public, college, and other noncommercial stations would pay only $100 a year. Religious radio, talk radio, and those stations with incidental use of music would not pay royalties. The bill also contains language that provides copyright protections for pre-1972 artists who currently do not receive royalties for their works.

The coalition is currently working with House Judiciary Chair Robert Goodlatte (R-VA) and Ranking Member John Conyers (D-MI) to bring the parties together. Nadler, Blackburn, and the musicFIRST Coalition continue to build support of cosponsors for the package. Despite broadcaster efforts to stop the bill, and thanks to the work of an ambitious team of legislative representatives, the bill continues to build bipartisan co-sponsorship.

More importantly, through musicFIRST, the AFM is working to help build a comprehensive music package that includes Copyright Office Reform and HR 1914, the PROMOTE Act offered by Representative Darrell Issa (R-CA), which would provide the right to copyright owners to prohibit the use of sound recordings by broadcasters, unless permission is granted by the copyright owner.

jay blumenthal
Officer Columns, Secretary-Treasurer

All Things Symphonic!

This issue of the International Musician focuses on the symphonic field. Coming from the symphonic world myself, it is always a special issue for me. Symphonic musicians typically perform under collectively bargained local agreements. This has resulted in a field that has excellent union density due to union security clauses found in AFM symphonic contracts.

While some states have passed “right to work” legislation, most symphonic musicians understand the importance of an AFM contract and remain loyal, strong, and supportive union members. The important contractual gains achieved over many decades, are a testament to musician solidarity. Weathering the previous onslaught of bankruptcies, lockouts, and occasional strikes was made possible by hardworking teams of symphonic musicians represented by their local unions and elected orchestra/negotiating committees, with aid and support from symphonic player conferences and the Federation. 

While symphonic musicians still face challenging contract negotiations, it appears we have entered a period of relative tranquility. At the time of this writing, there are no ongoing strikes, lockouts, or pending bankruptcies. This is a moment that may allow for some contract rehabilitation for those musicians who were forced to make concessions due to the “great recession.”

When requested by a local officer (after consultation with the orchestra committee), the Federation will dispatch a Federation negotiator to lead and/or assist with orchestra contract negotiations. Additionally, the Federation provides an annual negotiating orchestra workshop just prior to the ROPA Conference for orchestra negotiating committees and local officers. For those new to collective bargaining or just needing a refresher, this workshop is for you. Some local officers attend annually and always leave the workshop saying they learned something new. 

The Federation also shares the cost with the local for financial analysis of the orchestra with whom the local will be negotiating. Contact the AFM Symphonic Services Division for details.

Integrated Media Agreement

Our national Integrated Media Agreement (IMA) covering live symphonic media work will soon, once again, be renegotiated. (The IMA does not cover work performed in the recording studio, which is covered by SRLA). The multi-employer representative for a growing number of orchestras, Employers’ Media Association (EMA), will be across the table from the Federation. Previous negotiations have been long and arduous but hope springs eternal.

The crucial recurring battle tends to be over our strong belief that there is added value associated with recorded product and that it is necessary and appropriate to compensate musicians based on this added value. We will not yield in our belief that recorded music must be compensated separately and apart from our live performance wage. The methods of product distribution may have changed (decreased physical product and increased digital steaming), but the additional stress of recording and creating a product that lives on in perpetuity has not changed. It requires appropriate additional compensation for musicians. Musicians have fought for and defended this basic tenet for decades and we will continue to do so.

I hope you enjoy this special symphonic issue of the IM. 

Now Available: AFM 2016 Annual Report

The 2016 AFM Annual Report is now available on the AFM website. After you log in, click on the Documents Library tab. Then click on the Financial Documents and Annual Report folder. Now click on the 2016 Annual Report PDF. This is a comprehensive report from the AFM officers, legal counsel, auditors, directors, some AFM staff members, and the editor of the International Musician. It also contains the 2016 year-end audit. This annual report is intended to be a retrospective, rather than forward-looking document. Local officers wishing to receive the print version should request a copy from AFM Assistant Secretary Jonathan Ferrone
(jferrone@afm.org).

Paul henning
Member Profiles

Union Contract Bolsters Début Album for Pianist Paul Henning

Paul henning

Paul Henning of Local 47 (Los Angeles, CA)

For his first CD, Breaking Through, Paul Henning of Local 47 (Los Angeles, CA) made sure it was done on a Limited Pressing Agreement with a live 48-piece orchestra. A string section, woodwinds, horns, and percussionists formed the all-union ensemble. A mix of Celtic folk melodies and lush orchestration, the album was inspired by Henning’s excursions to the Pacific Northwest. 

Henning grew up near Pullman, Washington, on his family’s wheat farm. He’s played piano since the age of eight and began playing violin as a teenager. Well into his first year at Washington State University, he was interested in civil engineering and architecture. A musician friend convinced him to take some music courses, and he ended up graduating with a degree in music composition. In 1999 he attended the one-year film scoring program at the University of Southern California, Los Angeles, where he studied with late film scorers Elmer Bernstein and David Raksin.

Henning joined the union in 2000 when he was attending recording sessions for James Newton Howard, also of Local 47. In addition to orchestrating and proofreading scores, he was asked to do session work. The union’s established wages safeguard a career, plus he says, the steady stream of royalties offer financial stability.

In addition to studio work for TV, Henning has worked on orchestrations for more than 50 feature film scores, including The BFG, Night at the Museum: Secret of the Tomb, and Chocolat. 

Etching out a score can be a solitary activity so Henning welcomes the variety union work offers. Playing for the Hollywood Studio Symphony, he has performed on the soundtracks for Moana, Storks, Furious 7, Frozen, X-Men: Days of Future Past, The Maze Runner, Monsters University, and Alice in Wonderland. His violin session work has included performances with Barbra Streisand, Michael Bublé of Local 145 (Vancouver, BC), Neil Young of Local 47, Aretha Franklin, Andrea Bocelli, and Josh Groban, also of Local 47. He says, “It’s a totally different challenge to show up at a recording session and be able to sight read the music in front of you.”

Since 2004, Henning has been concertmaster for the Golden State Pops. “We play a lot of film music in the orchestra and it was one of the ways I met a lot of film composers, orchestrators, and conductors. They’d guest-conduct or be in the audience. They started asking me to play on their film scores. It was one of the ways I got into playing in sessions,” he explains.

Henning owes much to mentors like Patrick Russ of Local 47, the orchestrator for Maurice Jarre who wrote the music for Lawrence of Arabia and Doctor Zhivago. “I met Pat early on and he took me under his wing. I called him up out of the blue and told him I was interested in orchestrating, and he met with me. I started proofreading scores for him and eventually I was working with him all the time. He got me started in orchestration,” says Henning.

Henning has also worked with John Williams of Local 47 and Local 9-535 (Boston, MA). “His sketches are extremely detailed, and he does everything by hand. It’s an interesting challenge putting together scores by someone so incredibly intelligent and at a genius level musically,” says Henning, who worked on Star Wars: The Force Awakens. “He is an inspiration all the time. You’re hoping that some of it will rub off on you musically and professionally.”