Tag Archives: article

When It Comes to Freelancing, Know Your Worth

Freelancing

by Michael Manley, Director Organizing and Education Division

 

Everyone loves to get the call, text, email, or Facebook message offering them work—especially when gigs are scarce and times are lean. Employers know you love to make music, and the best employers value and fairly reward this. The worst, however, will exploit your passion for their own gain. Before you decide to take the job, ask yourself two questions: “What should this job pay?” and “What am I worth?” Then, follow the money.

In building a freelance career, sometimes the job you say “no” to can be just as crucial as the one that you say “yes” to. Of course, a union contract is the best guarantee that the job is paying appropriate wages and contains appropriate benefits. While it would be ideal if every musician only worked union jobs, currently that is not the reality. But it is not hard to spot those jobs that should be union and that is where musicians need to ask the right questions and say “no” when appropriate. Here are a few key points to look for and some factors to consider before taking a job.

What’s the gig? Separating for-profit from public service

We all know how it works: you get an offer, which includes the type of ensemble, genre, and repertoire, venue, and most importantly, what the pay and benefits are. Before deciding to accept or reject an offer, determine the context of the employment. Performing at a local church during the holiday season? With no tickets sold or meaningful profit being realized, this gig is really one of public service. You may or may not decide to take the work based on the pay offered, the people you are performing with, the repertoire, and the mission or cause being served by the concert.

But what if tickets are sold and the performance is in a large capacity venue? This is where you have to proceed with caution.

What is the job paying, and what should it pay?

How do you find out what a job should pay? Consult your AFM local’s website for scales, or give the local a call, if the scales are not published online. Union local scales may vary according to the type of engagement, type of music, and size of the venue. Remember:  local scales are minimums, not maximums—they should easily fit into the budgets of truly professional for-profit events and concert producers.

What is the size of the venue, and what are the ticket prices?

If the venue is more than 1,000 seats and tickets are being sold at top prices, a union contract should be a given and the absence of one is a huge red flag. If there is no union protection and the wages being offered for the job are lower than union scale, why?

Who is the artist/act?

If you are being asked to play for a band, artist, or act that is a “household name,” you should never work without a union contract. The act/artist can afford union rates. If the job is being offered as nonunion and at substandard wages, it means the money the artist is paying for back-up musicians is not trickling down to you. Where is it going?

Who are you working for?
Follow the money

Who called you for the job? Is it a trusted high-profile union contractor who has booked similar jobs in the past? If not, why? A common trend now: peers who act as contractors for a job, with these musicians being offered a bump in pay to make job offers to their colleagues. They act as proxy employers—but they are not really employers. Will you receive a 1099 for the work, or will you receive a W-2? Or worse, is someone going to try and pay you with PayPal or Venmo? And who is your peer working for? This is the hallmark of a sketchy gig—one where you have no protections or recourse if there are problems. And why is a section violin player being asked to contract your work anyway? Consider what would happen if you were underpaid or never got paid. Who would you go after for the money?

Remember, if you do not have the protections of a union agreement, then you do not have any protections at all.

What about the extras?

Are you being asked to drive more than an hour to do the job? If so, mileage should be paid or professional chartered transportation should be provided. If there is a soundcheck in the late afternoon and an evening concert, you should be provided a hot meal or appropriate meal per diem between calls. The absence of both of these is a red flag. In a major venue, it is likely that union stagehands, carpenters, and electricians are working for fair union wages and benefits. If the crew member plugging in the amp is receiving a union wage, why not you?

No one is impressed by
underpaid work

It’s great to play in a large venue with “stars.” We all love to post backstage photos with artists when we get to share the stage with them. But the people who matter to your career—the top-tier players and contractors—will know when a job is undermining the basic standards and conditions that they have worked hard to achieve and maintain in their own careers. They are not impressed when you work for substandard wages. And working for substandard wages does not lead to working for appropriate wages, nor does it lead to working with the influential first-call musicians with whom you hope to share the stage as your career develops.

The bottom line

We all love to make music, and saying “no” can be hard. Emerging professionals sometimes take nonunion work because it is all they feel they can get. But a truly nonprofit, nonunion church or community theater gig is a far cry from playing with a well-known artist in a huge arena. There is some work that absolutely should be “union”—make sure you know what it is. If you are being offered substandard wages and conditions, with no union protections, don’t be afraid to say “no,” warn your colleagues, and alert your union local. You and your career will be better for it in the long run.

What can you do about sketchy gigs? Organize them! Call the AFM Organizing and Education Division at (917)229-0267 or email Director Michael Manley at mmanley@afm.org. 

Understanding Your Film Musician Secondary Markets Fund

Secondary Markets Fund

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

 

In 2017, the Film Musicians Secondary Markets Fund (FMSMF) celebrated 45 years of serving the film and television music community. Created in 1972 by the motion picture and television producers and the AFM, the FMSMF’s primary purpose was to act as the agent of the producers to collect and distribute residual payments to film musicians. Today, we continue this mission, while also serving as a resource for motion picture professionals in addressing various challenges to the industry.

For some musicians and filmmakers, the FMSMF remains a bit of a mystery. Because FMSMF distributes a significant source of income to working musicians, all musicians working in film, television, new media, as well as sound recordings should be familiar with how it works.

FMSMF provides a unique service to the film and TV music community. For producers, it shoulders the responsibility of calculating and issuing individual musicians’ residual payments and paying required taxes and withholdings. For musicians, FMSMF sends a detailed listing with a breakdown for each title that accompanies the musician’s annual payment. This provides a “one-stop shop” to make residual tracking, personal record keeping, and annual tax accounting easier and more efficient for the working musician.

FMSMF is a 501(c)(6) nonprofit organization operating under the supervision of an oversight committee appointed by the Alliance of Motion Picture & Television Producers (AMPTP), and AFM liaisons appointed by the AFM International President who consult with the oversight committee. FMSMF does not engage in collective bargaining on behalf of either producers or the AFM.

How FMSMF Works 

FMSMF collects residuals (contributions) if a film, TV program, or new media project has moved from its primary market into a secondary market, and that secondary market use generates revenue, as described in Chart 1.

Secondary Markets Fund

Residuals collected by the FMSMF represent a small percentage (below 1% net of deductions outlined in the AFM agreement) of distributors’ gross receipts from secondary market distribution of film, TV, or new media programs. Producers and/or distributors send residuals directly to the fund on a quarterly basis. Residuals collected during the FMSMF’s fiscal year (April 1-March 31) are distributed to musicians the following July 1. Administrative costs for operating the fund (legal and auditing fees, insurance, salaries, computers, rent, etc.), taxes, and other required withholdings, plus a small reserve for “omissions,” are deducted from the amounts collected. Each individual title’s contribution is allocated proportionally against the total contributions received for all titles during the year. (A title refers to an individual film or a season of a TV series). Each musician’s share within each title is determined by applying the percentage that his original wages represented of the total wages paid to all musicians for the score, against the residual payment collected for that title during the year.

A second, smaller “omissions distribution” is made each September to musicians who the fund discovers were erroneously omitted from a project’s list of musicians, or whose original wages were underreported to the fund. FMSMF conducts its own research, reviews, and audits, either directly by the Fund Compliance Department or by outside auditors engaged by the fund to ensure that signatory producers and distributors make the required residual payments. In addition, the fund’s Participant Services staff works to find musicians who may have unclaimed residuals waiting at the fund. Many of these “lost” musicians are musicians who performed on AFM-covered sound recordings that were used in AFM-covered films and programs, but do not have a valid current address registered with the fund.

Who Participates?

Participating musicians include, not just instrumentalists who played on the score (on or off screen), but also conductors, orchestrators, copyists, arrangers, contractors, and other AFM-covered positions. Further, musicians who worked on a union-covered sound recording used in an AFM signatory film, TV program, or new media project may be entitled to share in that title’s secondary market residuals. If a participant is deceased, his/her designated beneficiary is entitled to receive the participant’s share of residuals. The FMSMF staff researches, identifies, and contacts beneficiaries to effectuate the musician’s intent for them to benefit from their legacy.

Recent Activity

In the 2017 fiscal year, the FMSMF collected more than
$98.4 million in secondary market residuals. Participants received 15,676 payments in the July regular distribution and another 1,415 payments as part of the September omissions distribution. A list of films, TV programs, and new media programs that have paid into the fund over the years is located at www.fmsmf.org.

It can take several years after the first release or broadcast before a film, TV program, or new media program moves into a secondary market and revenues are generated. Resulting residuals for an individual title can vary from modest to significant, depending on its success. Overall, secondary market residuals have grown in recent years. Residuals from new media exhibition of film and television programs have become a more significant share of the totals, as illustrated in Chart 2.

Secondary Markets Fund

FMSMF also administers a smaller sub-fund that collects supplemental market residuals for secondary use of live and videotape programs such as the nightly talk shows, variety shows, and other programs produced under the AFM’s Live Television Videotape and Basic Cable Television agreements.

Whether you actively work in film and television scoring, on a new media project, or in sound recordings, the FMSMF and the residuals it collects can be relevant to you. Now, the fund has new relevance to all working musicians. As a result of the AFM’s negotiations for its 2015 Film and Television Basic agreements, a portion of the residuals collected by FMSMF will be sent to the AFM-EPF to help support the funding of musicians’ pensions.

We invite you to learn more about the FMSMF by visiting our website where we keep musicians and producers informed about FMSMF activities and offer online services for musicians and beneficiaries to securely access accounts, update information, sign up for easy direct deposit and paperless options, and locate unclaimed residuals.

Remember, if you’re a participant, please make sure your address, email, contact information, and beneficiary designations are current and remain up-to-date with the fund. And, please visit us on Facebook.

On behalf of the FMSMF staff, we look forward to our continued service to the professional musicians of the US and Canada and extend our best wishes for a happy and healthy 2018!

Study Shows Musicians Have Superior Memory Skills

A study led by University of Padua psychologist Francesca Talamini shows that musicians tend to have stronger short-term and working memory (the ability to retain information as you process it) than nonmusicians. Published in the online journal PLoS One, the research also found a slight advantage in terms of long-term memory. Scientists looked at 29 studies (between 1987 and 2016) of young adults performing long-term, short-term, and working memory tasks. The musicians performed best on working memory tasks involving tonal stimuli, but also had an advantage regarding verbal stimuli. On short-term memory tasks, the musicians showed superior skills, whether they were asked to recall musical tones, verbal instructions, or visual images.

Researchers offer a few hypotheses including the possibility that people with better memories choose to become musicians. But, they believe it is more likely that their memories were improved because of the multi-sensorial nature of music training.

Yamaha Share the Gift Campaign Helps Rebuild School Music Programs

Music programs for students in Texas and Florida schools have been deeply affected by hurricanes Harvey and Irma. Schools have sustained damage or had to close indefinitely, leaving districts scrambling for resources. The Houston Independent School District alone lost $1 million in instruments across 13 campuses.

Yamaha Corporation of America, in conjunction with the Mr. Holland’s Opus Foundation, is helping to rebuild these music programs. Now through December 31, if you post a photo or video explaining how music education has changed your life with the #YamahaSharetheGift hashtag on Twitter or Instagram, or submit a video through YouTube via the Share the Gift website (www.yamaha.com/us/sharethegift/), the company will donate a brand new instrument to Music Rising, the disaster relief fund of the Mr. Holland’s Opus Foundation.

FIA Issues Declaration on Sexual Harassment

In October, the International Federation of Actors (FIA) Executive Committee approved a declaration on sexual harassment, discrimination, and retaliation in the entertainment and media industries. The declaration, authored and sponsored by SAG-AFTRA, recognizes the rights of all performers to a safe and harassment-free working environment and urges the industry to work in good faith with unions and performer organizations to develop a long-term strategy to achieve discrimination and harassment free workplaces.

“The scandal involving Harvey Weinstein revealed problems that were all to familiar to women—and men—in our industry. We know that sexism in our industry is real. We know that there are sexual harassers who use their power to intimidate. And we know that this needs to change. And as union leaders we are taking a stand—we seek nothing less than a major cultural shift,” says FIA President Ferne Downey.

Secret Language

The Secret Language of the Heart: How to Use Music, Sound, and Vibration as Tools

Backed by the latest research, composer Barry Goldstein shares how every one of us can harness the power of music to dissolve creative blocks, reverse negative mindsets and attitudes, alleviate ailments, and improve overall health. The book offers practical tips and instructions that can be tailored to individual needs. Secret LanguageThe Secret Language of the Heart: How to Use Music, Sound, and Vibration as Tools for Healing and Personal Transformation, by Barry Goldstein, Hicrophant Publishing, www.hierophantpublishing.com.

Drummer's Perspective

From the Riser: A Drummer’s Perspective II

A sequel to the popular A Drummer’s Perspective, David Phillips captures images showing the energy, excitement, and emotions of drummers playing live. Photos show drummers playing a wide variety of genres in venues that range from small clubs to Wembley Stadium. Among the wide range of drummers featured are Local 47 (Los Angeles, CA) members Kenny Aronoff, Gregg Bissonette, Peter Erskine, and Sheila E.; Local 802 (New York City) members Billy Cobham and Jack DeJohnette; and Lars Ulrich of Local 424 (Richmond, CA).Drummer's Perspective

From the Riser: A Drummer’s Perspective II, by David Phillips,
A & R Marketing Limited, www.armarketing.co.uk.

Double

Double

Today, double bass drum playing or double pedal playing has made its way into every style of music, says drummer, teacher, and Local 406 (Montreal, PQ) member Christian Morissette. His book, Double brings together all the basic techniques professional drummers need to master the double pedal. Designed for all players, beginning to advanced, the book covers subdivisions, rudiments, continuous and noncontinuous foot patterns, transitions, drum fills, odd time signatures, and more. Text is provided in French and English throughout the book.

Double

Double, by Christian Morissette, www.chrismorissette.com.

Bowie

BOWIE: The Illustrated Story

Widely regarded as one of the most influential musicians and performers of the past five decades, David Bowie released 27 studio albums from 1967 until January 2016, two days before he died. This retrospective follows his career from the folkie baroque rock of his debut to his soul phase, massive pop success in the 1980s, to electronica in the 1990s. The book features stunning photography—on stage and back stage images, gig posters, concert stubs, and more. Bowie

Bowie: The Illustrated Story, by Pat Gilbert, Voyageur Press,
www.quartoknows.com.

Led Zeppelin

Led Zeppelin: All the Albums, All the Songs

Author Martin Popoff examines the music of Led Zeppelin as a complex amalgam of blues, rock, folk, and country. He details each of the group’s 81 studio tracks—how and why they were created and the historical context, as well as the recording process. Sidebars detail personnel and instrumentation for each album. The book contains many rare performance and offstage photographs, along with memorabilia.

Led ZeppelinLed Zeppelin: All the Albums, All the Songs, by Martin Popoff,
Voyageur Press, www.quartoknows.com.