Tag Archives: articles

Since the writing of this column, the parties have successfully negotiated a successor agreement.

The 2017 edition of the East Coast Music Awards is scheduled for April 26-30, with the host city being Saint John, New Brunswick. During those five days, the city will be immersed in music in every venue, culminating with the gala award event Sunday night. However, in early December, the East Coast Music Association (ECMA) was placed on the AFM’s Unfair List by the Canadian Office.

The ECMA and the AFM had enjoyed a long, mutually beneficial relationship, with the signing of the first agreement in the mid-1990s. Contracts that included pension were always in place for sponsored showcases, events, and the awards show. The AFM would often sponsor an award, and was omnipresent every year with an informational booth, workshops, and seminars on topics of interest to musicians embarking on careers in music.

Two years ago, something changed. The ECMA refused to come to the table and renew the agreement. Although the broadcaster of the awards show signed a letter of adherence, the showcases and other events were not under AFM contract.

Without the renewed agreement and/or a properly executed AFM contract in place, there could be no pension contributions. In addition, recording was rampant and streamed both during the week and well after.

CFM representatives met with four members of the ECMA board in October. It became clear, after considerable dialogue, that a reasonable fee for the musicians was not the issue. Having the “union” involved was, for all the philosophical reasons.

In many of our agreements, including this one, a temporary membership permit (TMP) is required to be deducted from the fees of nonmembers. It seems this became a bone of contention. In Canada, this is an application of the RAND formula, under which nonunion employees have a portion of their wages deducted as their share of servicing the CBA under which they are working.

Using this formula allows a temporary member to be listed on the contract with members, and receive exactly the same services and benefits for the same classification of service, for the duration of the gig. This includes pension and any ensuing residuals, such as New Use. In addition, the TMP fee can be credited toward membership for one calendar year.

If the musician does not take advantage of the credit, those fees find their way back into the music community, through the host local’s outreach at seminars and informational meetings, as well as the sponsorship of awards.

There have been some developments in this rather unfortunate situation, as the ECMA board has contacted our office and agreed to sit down to bargain a successor agreement. Negotiations will take place in Halifax January 18 and 19, with January 20 as a backup date.

It’s our sincere hope that we are successful, the musicians’ performances are protected and properly remunerated, and the CFM and ECMA can once again join forces as partners in the effort to bring East Coast music to the world, and for the world to recognize the musicians that make this truly unique sound.

Legislative Update, Officer Columns

The Extraordinary Musical Influences of Dr. Martin Luther King, Jr.

February 6, 2017 Alfonso Pollard

The Reverend Dr. Martin Luther King, Jr. was born Michael King, Jr., in Atlanta, Georgia, January 15, 1929. As one of America’s most revered and effective advocates for social justice and racial harmony, he reorganized the civil and human rights movement in the US into a highly inclusive, nonviolent movement that elevated the conscience of a nation.

Dr. King is recognized the world over for his humanitarian work as evidenced by such internationally recognized awards as the Nobel Peace Prize, the Presidential Medal of Freedom (presented posthumously in 1997), and the Congressional Gold Medal (awarded posthumously in 2004). His work is characterized by his ability to galvanize support for national struggles aimed at religious freedom, improved housing, the elimination of poverty, worker rights, social and criminal justice reform, and other social movements that may not have succeeded if they stood alone.

In a January 13, 2017 email to AFM members recognizing the meaning behind Dr. King’s work, AFM International President Ray Hair noted, “Dr. King’s words are as relevant today as they were half a century ago. Please remember Dr. King’s commitment to civil and worker rights on Monday and throughout the year as we fight for justice together.”

As the country celebrates his birth and his work to make this nation a better place for all Americans, we look at some musical influences that helped shape his life’s mission.

Dr. King was born into a home where music played an important role. His mother, Alberta King, was an extremely talented singer/instrumentalist who served as the director of the choir and church organist at Ebenezer Baptist Church in Atlanta. Music was a mainstay. While studying at the Divinity School at Boston University, King met Coretta Scott who was enrolled at the New England Conservatory of Music. Coretta had been recognized as gifted soprano in Lincoln Normal High School’s senior chorus. She also directed a choir at her home church. While in high school, Coretta also played the trumpet and piano, and participated in school musicals. During her senior year in high school, she enrolled in Antioch College in Yellow Springs, Ohio.

Dr. King always recognized the power of music as an “instrument of change.” Aside from his familial influence, which included gospel music of all types, his other major influences included such renowned artists as Mahalia Jackson, Sister Rosetta Tharpe, the Swan Silvertones, Nina Simone, Miriam Makeba, and other great vocalists.

As time went on, King also began to extol the virtues of jazz and considered the idiom and the delivery of this art form as “triumphant music.” In a piece written in recognition of the 1964 Berlin Jazz Festival, King wrote, “God has wrought many things out of oppression. He has endowed his creatures with the capacity to create, and from this capacity has flowed the sweet songs of sorrow and joy that have allowed man to cope with his environment and many different situations. Jazz speaks for life. The blues tell the story of life’s difficulties, and if you think for a moment, you will realize that they take the hardest realities of life and put them into music, only to come out with some new hope or sense of triumph.”

King’s consideration of the importance of music is reflected across all genres. The 1963 March on Washington, organized by A. Philip Randolph and Bayard Rustin, featuring Dr. King and his “I Have a Dream Speech,” was a virtual who’s who of American artists including Peter, Paul, and Mary, members of Locals 802 (New York City) and 9-535 (Boston, MA); Harry Belafonte; Camilla Williams for Marian Anderson; Mahalia Jackson; Bob Dylan of Local 802; and Joan Baez, to name a few.

As American symphony orchestras work toward inclusion of African Americans and other minorities among their ranks, King’s message has had a remarkable impact on classical communities. Symphony orchestras across the country celebrate his legacy and message of inclusion by performing featured concerts in major and small concert halls, colleges, and universities across the nation, including, but not limited to: The Philadelphia Orchestra, Nashville Symphony, Knoxville Symphony Orchestra, Virginia Symphony Orchestra, Alabama Symphony Orchestra, Atlanta Symphony Orchestra, Muncie Symphony Orchestra, South Bend Symphony Orchestra, National Symphony Orchestra, and Chicago Sinfonietta.

In an interview about his life and career, renowned American conductor Paul Freeman recalls a 2:00 a.m. inspirational chance meeting with Dr. King at the Atlanta airport. When asked by Dr. King why he was in Atlanta, Freeman told him that he was there to guest conduct the Atlanta Symphony Orchestra. Freeman was the founding conductor of Chicago Sinfonietta whose mission was to promote the classical arts for all in the Chicago area, while employing minority musicians to do the job.

Dr. King responded, “Ah, the last bastion of elitism. Glory, Hallelujah!” Not taking this as a slight, it reminded Dr. Freeman that he should remain true to his mission of inclusion and from there, he worked harder until he accomplished his goal. Today, the Sinfonietta remains an active part of Chicago’s classical cultural fabric. (See the relevant partial interview at https://www.youtube.com/watch?v=0ADy_Rul3bs.)

For Dr. King, inclusion equated to a stronger nation that was tolerant, caring, and a global leader in civil and human rights. Dr. King’s struggle continues today. And we, as musicians, must continue our mission of bringing the joy and healing power of music to every corner of this country and the globe. American musicians tour to advance just that message. Whether under an international commercial touring contract, a nongovernmental sister city relationship, or through US Department of State international exchange programs, professional musicians and artists of all kinds have and will continue to play a role promoting peace, global harmony, and civil and human rights.

As an iconic American catalyst for change, Dr. King’s message will help us endure the most difficult times. His appreciation of music and the arts no doubt played a significant role in the development of such a true citizen of the world who was honored with some of the most prestigious international awards. Let’s remember that our talent helps support that mission. Thank you for sharing your talent and thank you for your membership in your union. Dr. King would approve of you, your affiliation, and your work.

Officer Columns, Secretary-Treasurer

Electronic CBA Ratification

January 9, 2017 Jay Blumenthal

For decades, the AFM Bylaws have been very specific and clear about the ratification procedure for collective bargaining agreements (CBAs). The integrity of the voting process has been given the highest priority so that bargaining unit members can have confidence in the election process. Additionally, protecting the identity of the voter is imperative, allowing them to vote their conscience without the worry of employer retaliation or member-to-member pressure.

As technology has made electronic voting possible, many members have expressed a desire for locals to conduct electronic CBA ratification voting. Up until the recent AFM Convention, the International Executive Board had been reluctant to endorse electronic voting until such time as locals could ensure the integrity of the process. It was also felt that an in-person ratification meeting just prior to a vote was invaluable, allowing bargaining unit members to ask questions, discuss the terms of the proposed agreement with their colleagues, and hear the recommendations from their local officers and elected rank-and-file committee. In-person voting also motivates members to physically come to the union hall, which is always a good thing. Too often, the only time some members visit the union hall is to pay their dues. In-person voting provides one more connection to the local.

For years, voting by mail ballot has co-existed with in-person ratification voting. Mail ballot was never the preferred method of voting, however, some bargaining units have members who live great distances from the union hall. For these members, in-person voting could present an undue hardship and expense that would effectively disenfranchise them.

While the bylaws now allow in-person, mail ballot, or electronic ratification voting, the requirement remains that all voting must be done one way (either all in-person, all mail ballot, or all electronic). Voting cannot be a combination of two or three methods.

The bylaw passed at the last AFM Convention in 2016 (Article 5, Section 32(d)) allows electronic ratification voting with very specific restrictions. The new bylaw for ratification by electronic balloting states, in part:

SECTION 32(d). Ratification by Electronic Balloting

If it is necessary to hold a ratification by an electronic balloting method (e.g. online, telephone), then all voting shall be done by electronic balloting, provided that ratification by electronic balloting has been authorized by the Local’s bylaws or action of the Local’s Executive Board, and provided that the Local selects an independent organization approved by the International President’s Office to conduct the voting. In all cases, the method of voting must (1) ensure that the member casting the vote is eligible to do so, (2) ensure that the member casting the vote cannot be identified with the vote cast, and (3) afford sufficient safeguards to protect the integrity and security of the voting system. Further, in the case of electronic balloting, an appropriate accommodation must be made for a voter who lacks the technology or equipment necessary to cast his or her vote.
….

iii. The International President’s Office shall maintain a list of one or more vendors whose electronic balloting services meet the requirements set forth in this Section.

The President’s Office has determined that the following vendors offer services at affordable rates that meet the bylaw requirements for ratification by electronic balloting:

BallotPoint Election Services: http://www.ballotpoint.com/

ElectionBuddy: https://electionbuddy.com/

Election America: http://election-america.com/

This list is subject to change. Please check with the President’s office before conducting electronic balloting to confirm that the vendor you intend to use is still on the list.

Hamilton Local Doubles Its Membership

December 19, 2016 IM

Pour la version française cliquez ici.

(L to R) Local 293 (Hamilton, ON) Executive Board Members: Brent Malseed, Ron Palangio, Janna Malseed, Larry Feudo, Paul Panchezak, Reg Denis, Brenda Brown, Glen Brown, and John Balogh.

In 2012, when President Larry Feudo and his board took over the leadership of Local 293 (Hamilton, ON) they faced a tough challenge. “Our membership had been decimated to under 300 because of poor prior leadership and embezzlement,” he explains.

The first step was to evaluate the local’s assets and needs to identify specific areas of focus: office procedures, political lobbying, and community outreach. Feudo recruited a new board that included Secretary-Treasurer Brent Malseed and 2nd Vice President Janna Malseed, former board members of Local 293 with years of experience.

“We organized the office and started cleaning up bad clerical practices; then we moved on with a membership drive waiving initiation fees, and taking advantage of various AFM tools that are available,” says Feudo. Along with recruitment, the local made a big effort to grow its reputation in the community and among musicians through both public relations and action.

“We did a lot of advocacy for local musicians—weighing in on timely issues in the media and standing firm for musicians’ rights,” he says. The local built its reputation by contributing to music scholarships at the local college and making charitable donations to community partnerships. “There was a great deal of personal commitment from all our board members to the concept of collectivism.”

The Local 293 board thoroughly understands that actions speak louder than words. In August 2015, after a year-and-a-half battle, the local was instrumental in getting money owed to musicians who were stiffed when the Opera Hamilton suddenly pulled out leaving them unpaid. “We got a $20,000 grant for the musicians from the city of Hamilton,” says Feudo. “That was a very concrete example of what the union does for its membership, but the main thing was that our members walked away with the money they were deserving.”

Brent Malseed, who is in the office five days a week, works hard to build the local’s reputation among its members and the Hamilton community. “We try to keep up to date on Facebook to keep our membership informed, plus we publish our newsletter, Libretto,” he explains. “Many of our board members submit articles and reports. Having the board involved in the newsletter shows that the board is working well together.”

“In the office, we try to answer every single phone call. I think it helps to give that personal touch to our members,” he says. “If they have a question, and we don’t have a answer, we get them one. Members feel confident that we are getting the job done properly.”

Janna Malseed grew up in a musical family and has a strong knowledge of the business of music. “One of the things we feel very strongly about is that musicians need entrepreneurial education,” she says. “There’s performance, but there is also the business component—negotiating contracts and paying the side people. We work very hard with our members to provide educational seminars and give them guidance for directing their careers.”

“One of the things that I think has led to our success is that we have a board committed to collectivism,” says Janna. “Older members came back because the organization rebuilt its credibility, and not just because they are still performing musicians, but also because they enjoy the idea of being in a fraternal organization.”

Board members are involved in the community, even bringing Mohawk College music students to their office for programs. “We try to brand ourselves and get the name out into the community: Hamilton Musicians Guild—your source for the professional musician,” she says.

“We screened the film Broke—a really good documentary about the music industry—and then had a panel discussion about it. You need to engage people in dialogue about things that matter to them,” Feudo says. The local draws nonmembers in by opening up educational events to the public. Members get discounted admission, which is another membership benefit.

“For the younger generation, it’s more about services and what the union can do for its members,” Brent says, adding that the board is extremely aware of diverse communities in the music industry. Among the perks for younger artists is assistance with immigration and P-2 visas for travel to perform in the US. Due to Hamilton’s proximity to Buffalo, New York, it’s the fourth largest local in terms of submitting visas to the US.

Younger members are also grateful to the AFM for helping them access low-cost liability insurance, says Brent. “One young kid came in who found out two days before he was set to leave that he needed proof of liability insurance to play a gig in Michigan. He phoned one insurance company that wanted $1,000 a year for $1 million coverage. Within a couple hours, our insurance provider was able to set him up with $1 million coverage, for one year, for $50. That word spreads around to our younger members.”

The Local 293 board is excited about its future, thanks to community involvement. The city of Hamilton is trying to brand the city as a music center for Canada and Janna, along with Local 293 Director Glen Brown, sit on the city’s Music Strategy Implementation Team. “We got in early enough to steer them away from Austin’s SXSW model of putting on music for free,” says Feudo. “If we didn’t have a seat at the table, we wouldn’t be able to get our message across.”

The local is also hosting the Canadian Conference of Musicians, August 11-13, 2017, which it hopes to extend to a week of performances and events that recognize local musicians. “We are getting all kinds of support from the city,” says Brent.

The local has doubled its membership in the past four years. Brent says that one of the keys to retention is getting new members involved. Rather than just collecting their dues and hoping for the best, the local makes a point of spending time with them, explaining benefits, giving career advice, and making them feel welcome.

Everyone is encouraged to attend general meetings, which are more than just mundane administrative sessions. “We give 25-year pins to members and make it a big event. The young people hear stories of their peers and what they have done in the music industry. Our members enjoy the camaraderie—younger members learning from older members and older members learning from younger ones,” says Feudo.

“Emphasizing the fellowship of musicians is important,” he continues, explaining how they gather together to participate in events like the city’s annual Labor Day parade. The local has gotten Lester Petrillo Memorial Fund money for members who had fallen on hard times, and Music Trust Performance Funds to hire musicians for live music events. It’s even assisted in rallies with other union locals.

“If you aren’t sitting at the table, you don’t have a voice,” Feudo says. “We are trying to be at as many tables as possible, representing the Hamilton Musicians Guild and our members. The end result is that they know the Hamilton Musicians Guild and that means more work for our members.”

“We have a passion for strengthening this local. I think that is the crux of our success,” says Brent. “That passion comes across as genuine to our membership and they appreciate that we really believe in the cause.”

Executive Board Members, Officer Columns

Creating Visibility Within the Labor Community

December 12, 2016 IM

by Joe Parente, AFM International Executive Board Member and President of Local 77 (Philadelphia, PA)

Several years ago I wrote an article about the importance of our connection and involvement with other labor organizations in our communities. I feel it bears repeating.

Normally, when we think about the union, we think of our locals and the Federation. That’s where we look first to get work. But there are hundreds of unions out there apart from the musicians union—American unions covering the building trades (electricians, carpenters, roofers, etc.), the American Federation of Teachers, the Teamsters Union, unions of nurses, city workers, hotel workers, sheet metal workers, stagehands, and so on. These organizations represent thousands of union workers and are a valuable resource of potential employment for musicians.

I have (and you may have as well) attended various events held by other unions. On occasion, I have discovered that, these same unions that preach union solidarity and the use of union labor, hire nonunion musicians to provide entertainment for their functions. That is unacceptable. The concept of union solidarity must extend to and include musicians, especially on the local level, where the work is available. It’s up to us to remind them.

To take advantage of these employment opportunities within the labor community, musicians have to be visible to other unions. Not all unions belong to the AFL-CIO, but most do, so I’ll lump everyone under that umbrella. AFM locals should be in touch with their area AFL-CIO to let other unions know that union musicians are available to them.

Get a mailing list with all the contact information for each union and send them information about your local and its members; send them referral lists and CDs of bands in the local. Ask for a calendar of annual events. All unions have some sort of function during the year—banquets, holiday parties, conferences, even conventions. For years, my local has provided a band representing Local 77 (Philadelphia, PA) in the annual Labor Day Parade. Many unions have their own catering hall. They wouldn’t think of having an affair without union bartenders or waiters. Why shouldn’t they feel the same about using union musicians?

However, it’s not only the local’s responsibility to go after work for its members. No one is going to knock on your door and ask if you want to work. Anyone who is working with any type of group—rock band, top 40s band, big band, trio, string quartet, or whatever—has a vested interest in promoting his/her own product. Everyone has a spouse or family member, friend, or neighbor who belongs to some union, somewhere. Talk to them; find out about their union and who the contact person is. Send out your promo packages. Call the union directly to let them know that you’re out there and available to meet their needs.

Nothing brings attention to the American Federation of Musicians more than supporting our brother and sister unions when they are involved in a labor dispute with an employer. Volunteering to play on a picket line or at a rally yields publicity within the labor community that goes much further than you might think toward instilling the idea of using live music. Building coalitions and partnerships within the labor community is how we stay visible and viable.

When you contact other unions, let them know that you use their members when you need work done. If you’re not using union labor, you should be. After all, how can we expect them to use our members, if we don’t use theirs? We can’t allow other members of the labor movement to ignore our union.

Organizing

AFM Year in Review: Highlights from 2016

December 1, 2016 IM

AFM International officers are sworn in by President Emeritus Mark Tully Massagli at the close of the 100th AFM Convention. (L to R): AFM IEB members John Acosta, Tina Morrison, Dave Pomeroy, Tino Gagliardi, and Joe Parente; Secretary-Treasurer Jay Blumenthal; Vice President from Canada Alan Willaert; Vice President Bruce Fife; and President Ray Hair.

This December caps off another busy year for the AFM. In addition to a number of key negotiations and lobbying for legislation beneficial to our members, 2016 marked the historic 100th AFM Convention, held in June.

This convention will be remembered, not only for its historical significance, but also for the forward-thinking agenda the AFM put forth. Delegates walked away with renewed faith of what could be accomplished together. AFM President Ray Hair’s “team unity” now includes newly elected board member John Acosta, president of Local 47 (Los Angeles, CA), as Vince Trombetta stepped down from the IEB. Jay Blumenthal, previously Symphonic Services director, replaced Sam Folio as the AFM’s secretary-treasurer.

Among the nine recommendations and 22 resolutions debated at the convention, Resolution 20—“Extras and Subs in Orchestras”—held historic significance. It addressed the disparity in wages and working conditions for substitute and extra musicians in many collective bargaining agreements. An amended resolution established a new provision in the section of the AFM Bylaws “… musicians who work for full-time orchestral employers and their locals are urged to negotiate and/or maintain parity in wages and benefits for substitute and extra musicians performing with those orchestras.”

AFM Works with Worldwide Partners to Address Global Issues

At the 21st FIM Congress in Reykjavik, Iceland (L to R)
FIM General Secretary Benoît Machuel, AFM Vice President from Canada Alan Willaert, AFM Executive Board Member and Local 802 (New York City) President Tino Gagliardi;
FIM President John Smith; AFM International Vice President
and Local 99 (Portland, OR) President Bruce Fife.

The AFM made a commitment to continuing its participation as a nongovernmental organization in the activities of World Intellectual Properties Organization (WIPO). In January, AFM In-House Counsel Jennifer Garner reported on her representation of the AFM at the December 2015 session of the WIPO’s Standing Committee on Copyright and Related Rights in Geneva. The AFM took the lead in opening the discussion of fairness in digital streaming and the diversity of national laws on copyright.

The International Federation of Musicians (FIM) held its 21st Congress in Reykjavik, Iceland, June 7-9. Vice President from Canada Alan Willaert, International Executive Board member Tino Gagliardi, and International Vice President Bruce Fife represented the AFM at FIM. Of particular interest to the AFM was achieving a more representative voice within the leadership of FIM. To that end, AFM President Ray Hair was elected to the Presidium, the highest executive body of FIM, and Canada gained a seat on the FIM Executive Committee.

Working with our coalition partners, for the past 10 years the AFM has lobbied for protections for musicians traveling internationally with musical instruments. Working with the US Department of the Interior and with the US Fish and Wildlife Service (USFWS), a federal Musical Instrument Passport was introduced. It is specific to the needs of professional musicians traveling with instruments containing CITES related materials. The passport allows musicians to easily travel multiple times in and out of the US with their affected instruments.

Later, September 24-October 5, AFM Legislative-Political Director Alfonso Pollard attended the Conference of the Parties (CoP) world wildlife conference meeting in Johannesburg, South Africa. The meeting brought together 183 CITES signatory countries, as well as international organizations, to address challenges in the management of instruments that contain plant and animal materials controlled under CITES. As a result of our coalition’s work, US Endangered Species Act regulations now contain an exemption relating to legally crafted, legally owned instruments containing protected species.

The AFM has developed two manuals to support traveling AFM members: A Guide to Traveling with Musical Instruments and a pocket-sized handbook, developed in cooperation with the Carry-on Coalition. Both can be found on the AFM.org website.

AFM Lobbies for Musicians’ Interests in Washington, DC

(L to R) National Symphony Orchestra Violist and then ICSOM Governing Board Member Jennifer Mondie; State Department Program Officer Julia Gomez-Nelson; Chief Cultural Programs Division for the State Department Bureau of Educational and Cultural Affairs Amy Bliss-Iacoella; AFM President Ray Hair; and AFM Legislative-Political and Diversity Director Alfonso Pollard in Washington, DC, during Arts Advocacy Season 2016.

The Obama Administration stepped up federal monitoring of employers who hire union-busting consultants. The new rule requires employers to report the use of consultants and their tactics, regardless of direct engagement with employees.

The death of Justice Antonin Scalia meant a number of rulings were in flux, including Friedrichs v. California Teachers Association (CTA), which attacks the funding model of public-sector unions. A vacancy on the bench meant that the Court’s ruling was a tie and the law reverted back to a past decision in the lower court, which was in the union’s favor.

In 2016, the AFM supported the creation of specific programs to help entrepreneurs in the arts. In March, the Comprehensive Resources for Entrepreneurs in the Arts to Transform the Economy Act of 2016 (the CREATE Act) included a host of new arts-related tax proposals, in addition to arts-related proposal expansions into federal programs. Ray Hair and Alfonso Pollard committed to help members look for expanded opportunities with the federal government. The National Endowment for the Arts, the Smithsonian Institution, and the US Department of State made commitments to include the AFM in their deliberations.

The AFM National Legislative Office continues to work with members of Congress to reform tax extender legislation focused on the film industry, while Local 47 officers and members have successfully lobbied for new state tax credit legislation designed to close loopholes in current law. AB 1199 introduced language that would require a specified amount of the total expenditures relating to music post-production be done in California, in order for a production to qualify for an added rebate. Musicians are optimistic that further development of the bill will improve upon the existing tax credit program as it relates to music scoring.

As a member of the musicFIRST Coalition, the AFM worked tirelessly with nationally recognized performance rights organizations toward passage of the Fair Play Fair Pay Act of 2015. It would establish a new benchmark in the protection of rights for creators whose sound recordings are performed on AM/FM terrestrial radio. In May, more than 40 artists flew into the nation’s capital to advocate their support of this vital piece of legislation before members of Congress. Thousands of artists from around the world, including AFM featured artists and backup musicians, could benefit from this legislation.

New Agreements/Negotiations Protect Musicians

Members of AFM Local 47 (Los Angeles, CA) and other supporting unions such as UNITE HERE!, demonstrated and leafleted in front of Warner Bros. after discovering evidence of a “dark”
scoring session.

December 2015 saw more than 50 AFM Local 47 (Los Angeles, CA) members, workers from other unions, and supporters demonstrate outside Warner Bros. against the exploitation of musicians. The group protested nonunion activity on the studio property by permitting a “dark” date by Cinema Scoring, an employer with whom AFM Local 47 has a labor dispute. News of the dark scoring session prompted swift reaction and support from the union’s labor community allies.

June 1 saw the ratification of an AFM agreement with representatives of public television employers, including WGBH, WETA, WTTW, Austin City Limits, Sesame Workshop, and Thirteen Productions for a successor National Public Television Agreement. Aside from significant wage increases, highlights include provisions that govern the use of new media that requires signatory public television employers to share with musicians the revenue they receive from certain forms of new media exploitation and a groundbreaking clip use formula. The agreement extends three years through May 31, 2019.

During the summer, negotiations began with representatives of ABC, CBS, and NBC for a new Television Videotape Agreement. Shortly after the conclusion of that initial round of negotiations, the AFM presented the networks with a comprehensive information request that will greatly assist the Federation with future meetings. In addition, negotiations continued with the major record companies for a new Sound Recording Labor Agreement (SRLA). The major focus in these negotiations has been on the licensing of sound recordings in theatrical motion pictures and television films, as well as streaming of SRLA content.

An agreement was reached with the producers of the Amazon original series Transparent to cover musicians, arrangers, orchestrators, copyists and conductors guaranteeing them fair compensation and protections. Producers at Pictrow swiftly agreed to sign onto The Made for New Media Productions Sideletter of the Basic Television Motion Picture Agreement after musicians from Local 47 spoke publicly and demonstrated. Unlike the show’s actors, writers, director, and crew, musicians were not originally covered under a union contract.

AFM Theatre Musicians
Meet at Summit

AFM Director of Touring, Theatre and Immigration Services Michael Manley hosted the first Theatre Musician’s Summit in Chicago. Geared toward concerns of local and traveling theatre musicians, the group discussed challenges and opportunities for professional theatre musicians today. The conference provided a baseline for long-term AFM strategies for championing live music in live theatre.

Among theatre triumphs this year, the NLRB ruled to allow a union election at the Wang Theatre. Two separate employers for The Legend of Zelda—Symphony of the Goddesses agreed to file proper union contracts for their productions after having been placed on the AFM’s “Unfair List.”

This year, the AFM and the Broadway League/Disney Theatrical Productions negotiated successor agreements to Pamphlet B and the Short Engagement Touring Theatrical Musicals (SET) Agreement. The new agreements include improvements that recognize the value the players bring to touring musical theatre productions. You can read more about this agreement in Ray Hair’s column on page 2 of this issue.

Symphonies See Gains, Others Reject Inadequate Proposals

After a nine-year battle, the Lancaster Symphony Musicians, members of Local 294, supported by the AFM, won the right to organize. In May, the decision let stand an earlier ruling by the National Labor Relations Board (NLRB) finding that the musicians are employees and therefore eligible to organize. While symphony management contended the musicians were independent contractors, the judge noted that the symphony “regulates virtually all aspects of the musicians’ performance.”

Other orchestras signed positive agreements, sometimes restoring pay and benefits lost in earlier concessions. In April, the musicians of the Nashville Symphony Orchestra, members of Local 257, ratified a two-year contract reopener, three months ahead of schedule, that provides raises in the 2016-2017 and 2017-2018 seasons, returning salaries to 2013 levels by early 2018.

Among orchestras signing new contracts or extensions with raises and/or increased benefits were: Buffalo Philharmonic Orchestra (Local 92), Baltimore Symphony (Local 40-543), Delaware Symphony Orchestra (Local 21), Grand Rapids Symphony (Local 56), Grant Park Orchestra (Local 10-208), Indianapolis Symphony (Local 3), Kansas City Symphony (Local 34-627), Las Vegas Philharmonic (Local 369), National Symphony Orchestra (Local 161-710), New Jersey Symphony Orchestra (Local 16-248), San Diego Symphony (Local 325), Oregon Symphony (Local 99), and San Francisco Ballet Orchestra (Local 6).

Unfortunately, musicians of the Hartford Symphony Orchestra, members of Local 400, accepted wage concessions to save their orchestra after management threatened a shut-down. A two-day strike canceled The Philadelphia Orchestra’s season-opening gala, but a new agreement was reached that made inroads in restoring some concessions made by musicians after the orchestra’s bankruptcy in 2012. Grant Park Orchestra also briefly went on strike before signing a new agreement.

Fort Worth Symphony Orchestra went on strike September 8 after voting down a contract proposal that included pay cuts. That strike continues. Musicians of the Pittsburgh Symphony Orchestra went on strike September 30, but came to a new agreement with management November 23. (See page 10).

Fort Worth Symphony Orchestra musicians rally outside the Tarrant County Courthouse.

Legislative Update

AFM Engages US Partners, US Fish and Wildlife Service, and 183 CITES Signatory Nations at South Africa CoP17 Meeting

November 21, 2016 Alfonso Pollard

For the past 10 years, the AFM has worked diligently with its US Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Coalition partners and the US Fish and Wildlife Service (USFWS) to protect and conserve endangered species, while helping guarantee the legal ownership, use, import-export, and value of musical instruments that contain CITES related materials. Our coalition’s work with the US Department of the Interior, USFWS, Department of Agriculture, and Department of Homeland Security, along with a range of international organizations, such as the International Federation of Musicians (FIM), has led to significant harmonization of both protective language for musical instruments in new USFWS regulations and global harmonization for cross-border movement of musical instruments within management authorities around the world.

What Is CITES?

As outlined on its website (cites.org), CITES is an international agreement among governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival.

What Is CoP17?

AFM Legislative-Political director Alfonso Pollard (left) and FIM General Secretary Thomas Dayan at CITES CoP17.

The Conference of the Parties (CoP) world wildlife conference meeting in Johannesburg, South Africa, September 24-October 5, brought the global community together to address the world’s biggest wildlife challenges and opportunities. (Visit the CITES website for more conference information.)

What Is Resolution Conf. 16.8?

CITES Resolution Conf. 16.8, Frequent cross-border noncommercial movement of musical instruments, was agreed upon at the CITES CoP16 held in Bangkok, Thailand, in 2013. It sets procedures for musical instrument certificates for travelers with instruments containing specimens of species listed by the convention, which allow them to avoid the need to obtain permits for every border crossing. The aim of Resolution Conf. 16.8 was to facilitate more practical and reasonable cross-border movements. In this context, parties believe the regulation should be proportionate to the potential conservation benefits and should provide a simplified procedure for individuals traveling with musical instruments for noncommercial purposes (edited from a CoP17 draft revision of 16.8).

Significance to Musicians

Professional, student, and amateur musicians, and collectors around the world, own, perform, and travel with musical instruments that they regularly use, trade/purchase-sell, import, and export and that contain component plant and animal materials controlled under the CITES international treaty. The US recently promulgated new rules under Section 4(d) of the Endangered Species Act of 1973 that effectively increased African elephant protection by placing a US ban on African elephant ivory trade. This was done in response to an alarming rise in poaching that fueled a growing illegal trade. As a result of our coalition’s work, these regulations, effective July 6, 2016, have an exemption relating to legally crafted, legally owned musical instruments. Visit “What Can I Do With My Ivory?” at https://www.fws.gov/international/travel-and-trade/ivory-ban-questions-and-answers.html for a comprehensive explanation.

With these and other rules in effect, the US was prepared to enter into negotiations and talks with the 183 nations that came together in Johannesburg to harmonize foreign national policies relating to the treatment of animal and plant species around the world.

Benefit of Union Membership

Is this something a musician could have accomplished alone? No. The importance of the AFM’s participation in CoP17 cannot be understated, as recognized by AFM International President Ray Hair, International Vice President Bruce Fife, Vice President from Canada Alan Willaert, IEB member Tino Gagliardi, and the rest of the IEB. They worked diligently to support our participation in CoP17. Because of my predecessor Hal Ponder and my own close collaborative work with coalition members, including the American Federation of Violin and Bow Makers, the League of American Orchestras (the League), National Association of Music Merchants (NAMM), Martin Guitars, Taylor Guitars, and Carnegie Hall, on September 2, 2016, the USFWS credentialed the AFM to participate as an observer to CoP17 with speaking rights on the floor. However, only parties registered as signatories to the treaty have voting rights, which for the US is the USFWS.

The AFM and its coalition had three main goals: 1) to make effective changes to CITES Resolution Conf. 16.8 relating to frequent cross-border, noncommercial movements of musical instruments; 2) to work with the USFWS in support of its efforts to foster the US endangered species proposals; and 3) to help US musical instrument manufacturers and makers avoid harmful language that could put the musical instrument trade and musicians in peril.

Through careful preconference meetings and research, observations from CoP17 party floor interventions, presentation of a statement from President Hair at a League side event, direct talks with party delegates, distribution of joint position papers, drafting and redrafting of our own coalition intervention, and participation in drafting during floor deliberations on CoP17 Document 42 introduced by the European Union, the coalition was able to get advancements adopted that successfully amended Resolution Conf. 16.8. Those advancements include, but are not limited to:

Encouraging parties to implement the procedures in Resolution Conf. 16.8 and ensure customs officials are aware of them.

Recommending parties not require CITES export permits or re-export certificates for personally-owned instruments containing CITES-listed species, where consistent with control in trade in personal and household effects.

Recognizing that, when individuals travel with legally-acquired musical instruments that are properly owned or loaned by an institution, person, or museum for purposes of performance or competition, the instruments may qualify for personal effects exemptions consistent with Resolution Conf. 13.7 (control of trade in personal and household effects) revised at CoP16.

Encouraging harmonization of cross-border noncommercial movement of musical instruments.

Special thanks to USFWS Director Dan Ashe, Management Authority Director Craig Hoover, and staff in attendance. We could not have been successful without USFWS support behind the scenes and on the conference floor. And of course, what would an international conference in Africa be without music? So a special thanks to the remarkable dancers and drummers who welcomed us to South Africa at the beginning of the conference.

Over the next three years, the parties will work to implement these changes with an eye toward agreement for the next CoP, scheduled for 2019.

Music Performance Trust Fund

MPTF – By the Numbers!

November 17, 2016 IM

by Dan Beck, Music Performance Trust Fund (MPTF) Trustee

Members of the AFM recognize the Music Performance Trust Fund (MPTF) as a long-time source of supplemental income for performances that are free to the public. Generally, those who are familiar with the trust fund know that these performances happen in parks and public places, schools, hospitals, and senior centers.

With the MPTF’s upgraded grant management system, it is now easier for us to know more about our programs. Having these capabilities can help us better articulate what it is we do and how it benefits communities, as well as professional musicians.

Over the summer of 2016, the MPTF co-sponsored nearly 1,000 free, live music events. There was a wide range of publicly accessed venues, including parks, city squares, shopping malls, theaters, block parties, and arts festivals. We participated in patriotic observances on Flag Day, Memorial Day, and July 4th. Our reach also extended to libraries, health facilities, senior centers, houses of worship, community centers, and schools. Thus far this fiscal year, the conservative estimate for total attendance at 958 events is more than 1.3 million.

This year, we began asking applicants to provide a low and high estimate of the attendance they expected at these various events. We urge everyone to provide us with realistic estimates, as it is not just the number of people who enjoy these performances, but also the personal experience these performances provide each listener. Here are some numbers to further appreciate the work of the MPTF:

We participated in 112 educational programs since May 1. The average grant was approximately $540. The estimated attendance at these events ranged from 167 to 315, on the high end. More programs are scheduled throughout the school year.

Our senior citizen events, presented under the umbrella of MusicianFest, total 290 of the 500-plus we have in the works. Estimated attendance at these events averages between 57 and 117. We project the total attendance to be well over 20,000 seniors. The average cost per date is under $220. The other 65 senior events the MPTF has co-sponsored have average attendance ranging from 85 to 145 per event, at a cost averaging $260 each. Our health facility dates were even more cost effective, averaging under $100 each, and enjoyed by an estimate of between 80 and 157 people. Our schools, medical centers, and senior centers events are more intimate musical experiences for these special audiences.

However, many of the MPTF’s events are larger community affairs. More than 100 arts festival performances this summer averaged in the low range of 295 to a high of 1,260 music lovers. Additionally, the park events we help bring to cities and towns averaged between 2,500 and 4,000 people for the nearly 500 performances we supported.

Through all the struggles the MPTF has faced over the past two decades, the important work of bringing free, live music events to the public is still moving hearts and impacting the quality of life in communities throughout North America.

Electronic Media Services

Today’s Reality TV Contracts

September 23, 2016 IM

by Mary Beth Blakey, Contract Administrator AFM Electronic Media Services Division

A conundrum that we frequently face when administering television agreements is how they apply to so-called reality TV. Early on, there was a tendency to designate all reality television programs as falling under the Television Videotape Agreement. However, as the years went on and subgenres within reality programming became more defined, the contract administrators in the New York and the West Coast offices were able to reach a more definitive consensus as to which reality shows fall under Live Television agreements, and which fall under the Television Film Agreement.

The distinctions become much more intuitive once you can place a given program under its particular subgenre within reality television.

Documentary Style

The current overwhelming majority of reality programming is “documentary style,” which is almost exclusively administered and interpreted as Television Film content.

Dating—Shows such as the The Bachelor/Bachelorette, Are You the One? and Coupled, featuring contestants attempting to find love, are all TV Film programming. If you receive a call to perform on one of these shows, contact Matt Allen in the West Coast Office to discuss the signatory status of the show, as well as applicable sideline rates.
Soap opera style/celebrities—Programs such as Keeping Up with the Kardashians, I Love Kellie Pickler, Love & Hip Hop, as well as The Real Housewives of … would also all be considered Television Film content. If you spot an AFM sound recording being used in one of these shows, please alert the New Use department in the West Coast Office.
Nonvariety competition—These are shows that feature competition and elimination, but without a variety or musical element. Think Chopped, Project Runway, or Survivor. These programs are also interpreted and administered under the Television Film agreement.

Variety-Based Competition

“Variety-based competition” is the only subgenre of reality programming that should be consistently contracted and reported under the relevant live TV agreement—Television Videotape, Basic Cable, or Non-Standard Television. The Voice, America’s Got Talent, and Dancing with the Stars are great examples of competition shows highlighting musical performances, putting them squarely in the scope of the Television Videotape Agreement.

Contractors working on new shows of this type should contact Mary Beth Blakey in the West Coast Office for the latest applicable rates and terms.

Electronic Media Services

Original Made-for-New-Media Motion Picture Productions

September 11, 2016 IM

by Matt Allen, Contract Administrator, AFM Electronic Media Services Division

Today, more productions are initially made for new media platforms. At recent motion picture seminars I have participated in, original made-for-new-media productions are fast becoming a popular topic of conversation. A side letter to deal with original new media productions was added to the AFM Basic Television Motion Picture Agreement of 2010-2013. Since then, the AFM has covered a number of made-for-new-media motion pictures, from small budget film projects to large new media productions such as House of Cards, Mozart in the Jungle, Alpha House, and Transparent, just to name a few.

I regularly receive questions from musicians, contractors, and producers on just how the AFM handles scoring motion pictures made initially for new media because of the growing popularity of made-for-new-media motion picture productions, and the demand for original scores utilizing world-class musicians in these productions. For this article, I will review some of the basics.

Terms and conditions of employment on original new media productions are freely negotiable between the employee and the producer. This offers greater flexibility to fit the budgetary needs of individual projects, especially smaller independent new media projects. The exception is that all applicable terms and conditions pursuant to the Basic Television Motion Picture Agreement shall apply for musicians who are engaged to perform sideline (on-camera) services on high-budget SVOD programs.

The producer is obligated to make health and welfare (H&W) contributions on behalf of each employee engaged, and such H&W contributions shall be based on the greater of hours worked or guaranteed. In addition, on new media productions budgeted at $25,000 or more per minute, the producer is also obligated to pay a pension contribution on behalf of each employee engaged.

Original made-for-new-media motion pictures should not be confused with other types of new media productions, such as live concerts captured for streaming on the Internet or other devices, which are covered by a different AFM agreement. Lastly, it is important to note that all session paperwork must be filed with the local office in the jurisdiction where the work is being done, and copies of those session report forms must be sent to the AFM’s national office in order to ensure they are filed with the Film Musicians Secondary Markets Fund so that participating musicians are properly credited for their performance in any secondary markets distribution.

Please feel free to contact me directly at the AFM West Coast Office if you should have any questions.