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by Alyson Sheehan, AFM Electronic Media Services Division Administrative Assistant

The jingle, the classic advertising strategy of creating a catchy tune that will stick in the listener’s head all the way from their couch to the supermarket, where they will immediately know “Oh, what a relief it is” to buy Alka-Seltzer.

Despite the effectiveness of these little ditties, many advertising agencies are trading in the jingle tactic for a new approach that took off in the mid-1980s when Pepsi started using celebrities to endorse their products. Suddenly, everyone knew that Michael Jackson drank Pepsi, and if Michael Jackson drank Pepsi, well it had to be cool! Then, every time someone played “Beat It” you found yourself heading over to that vending machine.

Today, agencies have become more concerned with connecting a product to a certain “image” and they use celebrities and their music to do so. While some of our locals still see original recording work being filed regularly for commercial announcements, others see less work every year as agencies switch to licensing prerecorded material. One member noted that he has seen the filing of jingle contracts (B-6 reports) decline 50% in the last 15 years, while the licensing of prerecorded music for commercial use has at least doubled.

In 2015, one major advertising agency, a signatory to our Commercial Announcements Agreement, made the decision to dismiss its VP of music and his entire department, switching strictly to licensing prerecorded music for ads. These agencies are not only utilizing sound recordings, but iconic film scores as well, to evoke specific feelings or emotions in consumers.

So how are we, the Federation, adapting to this growing change in the industry? First, and most important, we urge musicians to keep meticulous records of their original recording session information, especially B-4 session reports. This is because you never know when Apple might decide that a track that you recorded on would set the perfect mood for their next iPhone ad. When they do, you’ll want to be sure you receive any new use payments that may be owed to you.

We predominately use these B-4 session reports when billing advertising agencies for the use of sound recordings into commercial announcements (similarly, we use Orchestra Manager Reports for film scores). Since October 2016, the AFM Electronic Media Services Division has billed for more than $2 million in commercial new use, including musician wages, contributions to our pension fund and to the health and welfare funds of locals who have such funds in place. This number is increasing every day.

As advertising agencies continue to license more tracks from record labels, the volume of bills we create for commercial new use increases just as rapidly. As long as we have evidence that the tracks being utilized were recorded under our Sound Recording Labor Agreement, we will pursue payment vigorously.

Not to discount the original session work that is being filed with our local offices, we hope to see both revenue streams continue to flow to all of our musicians.

International Musician

Musicians Must Build Solidarity in a Future Full of Streaming

September 17, 2018 IM

by Marc Sazer, Recording Musicians Association (RMA) President and Member of Locals 47 and 802

The Recording Musicians Association (RMA) plays a variety of roles in our AFM: we are advisors, researchers, activists, educators, and bridge builders. We currently have chapters in New York, Nashville, and Los Angeles, and there are AFM members elsewhere who also choose to support us with their membership.

We work to advance the interests of musicians working in records, Live TV, motion pictures, TV film, jingles, games, and demos—wherever musicians record on union contracts. Sadly, much of our history is fraught with division—film musicians vs. live TV musicians vs. records, games, or whatever. Recording musicians vs. others.

The world has moved on. We can no longer afford to be at odds with each other. Our issues are converging day by day; the issues at stake in one contract are the issues at stake for all. As all media becomes streaming media, we are faced with an existential threat. We must negotiate sustainable contracts for when musicians create music for streaming media.

Even as budgets for streaming service shows are rising, music budgets are falling. We are in a golden age of television. The AFM is scoring a record number of shows, including award-winning streaming hits like The Handmaid’s Tale and Castle Rock on Hulu, Vital Signs on Apple, Luke Cage and She’s Gotta Have It on Netflix, and The Marvelous Mrs. Maisel on Amazon. But musicians’ wages in television are flat—we’re working more, but not sharing in the bounty.

The brilliant performers who create the music for live TV—Cleto and the Cletones (the Jimmy Kimmel Live! band), Stay Human (on The Late Show with Stephen Colbert), the bands for Saturday Night Live, The Late Late Show with James Corden, The Tonight Show Starring Jimmy Fallon, and more—get cut out of the loop when their work makes money for the networks on YouTube. And as live TV shows begin to move to streaming first, musicians are left even further behind under our current contract.

These issues matter for every member of the AFM. Our residuals fund, the Film Musicians Secondary Markets Fund, provides millions of unallocated dollars to support our pension fund. The major record labels similarly provide $6 million each year to support the current and future health of our pension fund. Just as critically, our strength at the table with major media companies is a template for our union’s position with other employers.

As each of our sister unions—International Alliance of Theatrical Stage Employees (IATSE), Teamsters, SAG-AFTRA, Writers Guild of America (WGA), and Directors Guild of America (DGA)—have faced the media conglomerates, they have recognized the life and death imperative of winning a fair share of the vast revenues from streaming.

From the beginning of this round of bargaining, in early 2017, all the unions, union after union, have been driven to militancy. The WGA threatened to strike in 2017. SAG-AFTRA has only just completed a successful strike authorization vote for streaming residuals in TV animation. IATSE broke off talks twice before finalizing a deal over streaming revenues that remains controversial with their members; at the time of this writing their contract had not yet been ratified by their membership.

This fundamental transformation of media and music recording is happening against the backdrop of a crescendo of general attacks on unions in here in the US. The recent US Supreme Court Janus decision undermined union security for public employees nationwide and attacks on private industry unions like ours are in the works. The existential threat to our ability to make a living in a streaming-first world is mirrored by the threat to the general survival of unions.

And yet, the very real movement we created across the table in the live TV negotiations sends a clear message: musicians have a voice. Musicians speaking across the table and in public have real and rarely tapped power. We can thrive and we can win.

So what can we do? What can you as an individual do? The simplest things can be the most powerful. Show up. Be present. When your local, the AFM, or a player conference invite you to attend a meeting, fill out a survey, or sign a petition—just do it!

Health, Resources

2018 Brings Group Health Insurance Plan and New Members to Local 257

December 28, 2017 IM

Local 257 (Nashville, TN) President Dave Pomeroy (left) worked out a deal with RJ Stillwell of Sound Healthcare to offer reduced rate health insurance to Local 257 members who live in Tennessee.

In December, AFM Local 257 (Nashville, TN), working with longtime health insurance advocate RJ Stillwell and his company Sound Healthcare, introduced three Blue Cross Blue Shield group health insurance plans available to members. The plans are all ACA compliant—one HSA qualified bronze plan and two silver plans.

“The rates are very competitive and much better than most options out there,” says Local 257 President Dave Pomeroy. “This is something we have been discussing and working on for a long time. We are very excited it has finally come to fruition.”

This unique and exclusive plan is only available to Local 257 members in good standing who live in Tennessee. Because the Blue Cross Blue Shield network we are using is a nationwide PPO (Blue Network P), it will be especially helpful for touring musicians, as many marketplace ACA plans do not have coverage outside your local area, unless you have a life-threatening emergency.

Local 257 is also offering a reduced rate to join or reactivate during the membership drive in progress now through the end of March 2018. Currently, new and returning members can waive the local and Federation initiation and reinstatement fees when joining Local 257.

The combination of the 2018 membership drive and the new health care plan has resulted in a dramatic increase in member applications since the announcement in mid-November, with more than 100 new members already signed up. This member benefit is one more tangible thing that the Nashville Musicians Association offers its members. For many who have been on the fence about joining in the past, this is already proving to be the tipping point to finally join the AFM.

As our membership numbers increase, so does our collective voice, and this creates the rising tide that lifts all boats. Solidarity rules!

Pension Fund Information Update

December 28, 2017 Tino A. Gagliardi

As an officer of the Federation who is also a trustee of our Pension Fund, I am devoting this column to the Pension Fund. Like all of you, I am concerned about the safety of my pension and, like you, I am worried about the Pension Fund’s future. But I assure you that every member of the Board of Trustees is doing our best to protect and preserve the Pension Fund into the future. Please know that the opinion I express here is solely my own and I do not speak on behalf of the other trustees or the fund.

When I became a trustee in August 2010, the fund was beginning its efforts to rebalance its finances and repair the damage done by the 2007-2009 recession. On March 31, 2009, we had an $800 million gap between the pension benefits already earned by members—that is, our liabilities—and the market value of our assets. Over the next five years, the market value of the assets increased by $500 million to $1.8 billion, but our liabilities also increased, by $300 million to $2.4 billion, narrowing the gap between our assets and liabilities by only $200 million (from $800 million to $600 million). That is the single biggest issue facing the Pension Fund.

In 2014, our actuaries provided an Asset-Liability Modeling Study that showed that over a 20-year period, our liabilities were projected to increase dramatically, such that even if we achieved our 7.5% investment return assumption, our funded percentage would be below 50% by 2034 and there would be a serious risk of future insolvency. On the other hand, the study showed that an investment allocation with a higher investment return target would reduce the probability of future insolvency. After lengthy discussion, the trustees increased the allocation of investments to some with the potential for higher returns, recognizing that an investment mix with a higher return potential (albeit with accompanying higher volatility) reduced the probability of insolvency. One of the investments we hoped would give us part of the additional return did not achieve its expected results (although today it is one of the highest performing asset classes in the portfolio). This widened the gap.

So, we have a very serious imbalance in our finances. While there are other contributing factors that exacerbate our situation—the loss in union membership (and corresponding contributions) that mirrors the decline in our participant base; the aging of our population (common among all mature pension funds) reflected in the increase in pensioners and their longer lifespans; and the growing amount of work not done under union contract—the increasing size of this gap between assets and liabilities is the most critical problem we have to solve. Resolving it is essential to our survival.

As an International Executive Officer I participate fully in the AFM’s legislative and political activities. Matters concerning federal legislation are overseen by AFM President Ray Hair and his legislative aide, Alfonso Pollard. I have worked with them consistently regarding the pension bills that have already been submitted, including the Butch Lewis Act introduced by Sherrod Brown and endorsed by the Federation. The Pension Fund’s actuaries are currently reviewing that bill to confirm that it would help the fund. If so, I will urge my fellow trustees to fully support the bill, and I have every reason to believe that they will enthusiastically do so.

In the meantime, absent new legislation, the only way to address the imbalance between our assets and liabilities is to reduce the liabilities in a manner consistent with current law: the Multiemployer Pension Reform Act (MPRA). If the fund enters “critical and declining” status, the MPRA allows the trustees to apply to the Treasury Department for approval of an equitable plan of benefit reductions. Should such reductions become both necessary and legally allowable, that plan would be designed consistent with the strict requirements of the law to reduce benefits of those under 80 and those not disabled, but in no case below 110% of the PBGC guarantees. If a participant’s benefit is already below the PBGC guarantee, that benefit cannot be reduced further.

Since it is unlikely at the moment that investment returns alone will resolve these funding issues, the other trustees and I must consider MPRA restructuring in order to preserve the Pension Fund, reducing benefits for some in order to maintain the viability of the fund for all. While once the fund could afford to pay the high benefits it promised to some of us, it can no longer afford to do that, and recognizing and addressing that fact appears at the moment to be the only option to preserve the fund and as much of our benefits as possible. Since benefit restructuring under the MPRA cannot reduce benefits below the PBGC guarantees, it is clearly preferable to relying on those PBGC guarantees, particularly in light of the PBGC’s own impending insolvency in 2025.

I urge all members to register on the Pension Fund’s website and carefully review the information we post there. We are committed to keeping you informed.

International Musician, Orchestra News

St. Louis Ends FY with Surplus

November 30, 2017 IM

St. Louis Symphony Orchestra (SLSO) completed its 2017 fiscal year with an operating surplus of $18,000—its first surplus this century. SLSO’s total annual budget was $30.3 million. The surplus was the culmination of a stellar 2016-2017 season, in which it increased ticket revenue 1%, with 23 sold-out concerts. SLSO embarked on a tour of Spain in February and performed at Carnegie Hall in March. Altogether, the orchestra gave 219 concerts, including 88 that were presented free of charge. A quarter-million people experienced a performance by the symphony over the course of the season.

In January, a five-year musicians’ contract was reached seven months ahead of schedule. SLSO musicians are members of Local 2-197 (St. Louis, MO).

Legislative Update

Health Care Update: Association Health Plans

November 10, 2017 Alfonso Pollard

This article focuses on health care issues currently being considered by Congress and the Trump Administration.

Affecting Repeal and Replace

For eight years, conservatives in Congress have voted several times on the repeal and replacement of the Affordable Care Act (ACA), maneuvering through numerous legislative procedural actions that, even today, have not yielded success. Based on a campaign promise to eliminate the ACA, the Trump White House has worked closely with House and Senate leadership to craft new proposals that have resulted in intraparty roadblocks by Republican caucus members.

Democrats held firm to the premise that the ACA need not be repealed or replaced in total. Their belief is that the act should be reworked to help repair many of the adverse provisions that are most harmful to health care consumers.

The latest congressional vote on ACA repeal and replace took place in September, after the August congressional recess. The slim margin in the US Senate left no room for party defections. However, in the final vote, three Republicans voted with Democrats to defeat the bill on the Senate floor.

President Donald Trump says “Obamacare” is dead and gone. However, open enrollment continues as the bill remains in effect until the federal government comes up with a replacement Congress can agree on.

Association Health Plans

Faced with health care defeat in Congress, the White House remains determined to pull out a political victory, focused on keeping the Republican election promise to its constituency. The White House placed the blame for the congressional failure of repeal and replace squarely at the feet of Republican Senate leadership, vowing to push the health care issue until a new proposal is in place.

The most recent health care replacement proposal came October 12 when Trump announced his plan to reintroduce Association Health Plans (AHPs), a system that was proven unsuccessful in the 1980s. A February 2004 GAO Report entitled Private Health Insurance, outlines the negative intricacies that confront AHPs. These include market failures such as insolvency and fraud.

Trump noted that this plan is designed to spur competition in the individual insurance market, while giving small businesses the opportunity to come together in trade groups to form plans across state lines. He plans to affect this plan by having federal agencies, such as the US Treasury, Health and Human Services, and Labor Departments, ease rules wherever possible to make it work. In other words, he will be using the regulatory system to avoid further missteps by Congress.

AHPs have often been referred to as watered down plans that provide limited coverage. The American Academy of Actuaries
(www.actuary.org/content/association-health
-plans-0) makes the case for the importance of consistent rules between plans that compete to enroll the same participants, discussing the adverse effects of the lack of coordination.

Support for this idea comes mostly from within the administration, while outside think tanks, along with some members of Congress, oppose the proposal.

A spokesperson for the nationally recognized Center on Health Insurance Reforms at Georgetown University states concerns about insolvency and fraud. After Trump’s announcement, the health care industry issued a statement that fell short of an endorsement, noting that the complexity of the issue would need further study. The executive order will take time to implement.

During the week of October 8, Trump kept his promise to cut off cost sharing reduction payments to insurers that help low income Americans reduce their out-of-pocket health insurance costs. The following week, that move was countered by a bi-partisan plan developed by Senators Lamar Alexander (R-TN) and Patty Murray (D-WA), which was supported by the president, but then a day later denounced as a bailout to insurance companies.

The AFL-CIO continues to study the AHP issue and has decided not to release a statement until affiliates have had a chance to study the proposal and weigh in. The AFM is taking a similar position, working with the AFL-CIO Health Care Task Force before encouraging locals to take a stand.

International Conference of Symphony and Opera Musicians, Orchestra News, Player Conferences

ICSOM Conference Convenes in Buffalo

October 2, 2017 IM

by Laura Ross, ICSOM Secretary and Member of Nashville Symphony and Local 257 (Nashville, TN)

The 55th annual International Conference of Symphony and Opera Musicians (ICSOM) Conference, hosted by the Buffalo Philharmonic Orchestra (BPO) and Local 92, was held at the Adam’s Mark Hotel in Buffalo, New York, August 23-26.

ICSOM delegates once again volunteered for a special service event in our host orchestra’s city. This time they partnered with BPO Kids for Exceptional Kids, a program benefiting kids with autism spectrum disorders, cancer, and other chronic physical or health challenges. Thanks to BPO ICSOM Delegate and Member-at-Large Dan Sweeley (of Local 92) for putting this and other conference activities together.

While the “official” beginning of the conference was Wednesday morning, a negotiating workshop led by ICSOM Counsel Kevin Case, a member of Local 10-208 (Chicago, IL) was held Tuesday evening. Before the opening session Wednesday morning, new delegates attended a breakfast to preview what to expect during the conference.

In her first year as ICSOM chair, Meredith Snow (Los Angeles Philharmonic, Local 47) gave the opening address. She reminded delegates that, as our orchestra committees have become stronger, there is a risk that our orchestras may come to view the AFM as a separate entity. But we, the musicians, are the union. We need to uphold the value of our labor and stand up for our colleagues. Individual actions matter. She encouraged ICSOM musicians to reinforce their commitment to their locals, the AFM, and each other. ICSOM is here to help ensure that everyone thrives.

ICSOM President George Brown (Utah Symphony, Local 104) spoke about diversity within the entire orchestral organization—stage, administration, and boards.

AFM Political and Legislative Director Alphonso Pollard reported on various legislative issues, including bills that erode labor protection such as national “right to work” bills proposed in the House and Senate. AFM Symphonic Services Division (SSD) Director Rochelle Skolnick and AFM Negotiator Todd Jelen designed a series of workplace scenarios for delegates and local officers to discuss in smaller breakout groups. A mixer at Pearl Street Grill and Brewery on Wednesday evening offered excellent music, food, and an unobstructed view of a glorious sunset on Lake Erie.

On Thursday, delegates heard reports from officers and others. We were pleased to welcome back two ICSOM Emeritus Presidents—AFM Strike Fund Trustees David Angus (Rochester Philharmonic Orchestra, Local 66) and Brian Rood (Kansas City Symphony, Local 34-627). Rood, who also serves as chair of ICSOM’s Electronic Media Committee, and AFM SSD Electronic Media Director Debbie Newmark quizzed delegates about the types of work covered by the Integrated Media Agreement (IMA).

A presentation by ICSOM Counsel Kevin Case and David Sywak (Dallas Symphony Orchestra, Local 72-147) discussed health care bargaining options. The afternoon was devoted to an AFM and Employers’ Pension Fund (AFM-EPF) presentation by fund trustees, staff, advisors, and counsel. That evening, ICSOM’s annual Town Hall, a closed session for delegates and the governing board, discussed issues of importance.

Case moderated a panel of orchestra leaders—musicians, administrative, conductors, and a mediator—that examined the dynamics of orchestra relations in a discussion entitled “Back from the Brink.” ICSOM provided a luncheon for members-at-large and their orchestra delegates to discuss a broad range of issues. Each member-at-large oversees 13 orchestras. Following lunch, Meredith Snow moderated a panel discussion examining diversity within our orchestral organizations. More than 40 conference attendees went to view the American Falls at Niagara Falls in the evening.

A large group of attendees from the 55th Annual International Conference of Symphony and Opera Musicians (ICSOM) gathered in front of the Adam’s Mark Hotel Fountain in Buffalo, New York. They were wearing T-shirts supporting individual orchestras and arts organizations.

On Saturday, Cypress Media President Randy Whatley provided tips about how musicians can craft a community relations program. Kevin Case introduced a welcome addition to the conference: an open forum for delegates to ask questions of legal counsel.

Delegates adopted resolutions addressing the AFM-EPF, national right to work legislation, implementation of an online conductor evaluation survey, and ICSOM’s response to recent events in Charlottesville, Virginia. Resolutions were also adopted honoring George Brown as he stepped down as ICSOM President, and Paul Gunther of Local 30-73 (Minneapolis-St. Paul, MN) who stepped down as a member-at-large after 11 years, following his retirement from the Minnesota Orchestra.

Paul Austin (Grand Rapids Symphony, Local 56) was elected ICSOM President and ICSOM Secretary Laura Ross (Nashville Symphony, Local 257) was re-elected. Kimberly Tichenor (Louisville Orchestra, Local 11-637) and Martin Andersen (New Jersey Symphony Orchestra, Local 16-248) were elected to two-year member-at-large positions; Greg Mulligan (Baltimore Symphony Orchestra, Local 40-543) was elected to a one-year member-at-large position.

Many thanks to the Buffalo Philharmonic Orchestra and Local 92 President Jim Pace for a wonderful conference. The 2018 ICSOM Conference will be held in Cincinnati, Ohio, August 22-25.

Organizing

Creating the Conditions for Sustainability in Recording

September 1, 2017 IM

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.

Legislative Update

The AFM Federal Agenda: Air Travel with Musical Instruments, the Fair Play Fair Pay Act, NEA Support, and Fighting the National Right to Work Act

March 1, 2017 Alfonso Pollard

Developments in Domestic and International Air Travel with Musical Instruments

On March 6, 2015, new regulations relating to musical instruments as carry-on baggage went into effect thanks to the work of our national carry-on coalition. Talks with the Secretary of Transportation, led by AFM International President Ray Hair, helped develop and implement new carry-on rules that brought consistency to major and regional US air carriers, along with new tips for traveling musicians. Since the promulgation of these new rules, incidences of the rejection of instruments by gate attendants, flight attendants, and pilots have all but disappeared.

New Carry-On Fees

Now two new issues are being discussed within our musical instrument coalition. A few airlines have instituted new economy services, which affect changes in carry-on rules. In some cases, the change includes fees for carry-on baggage.

Because there is no universal change in policy across all airlines, when booking travel, musicians are encouraged to ask air carrier ticket agents about any new carry-on fees. These fees add to the overall cost of travel, and if you are on a travel budget or being reimbursed for travel, you will want your sponsor or employer to know about this upfront.

TSA Automated Bin Lines

The other issue is related to the Transportation Security Administration (TSA). TSA has initiated what they call automatic bin lanes at a few major US airports. This new security procedure, designed to more effectively and quickly move passengers through security screening, will have a direct impact on musicians carrying their instruments through these TSA automated security lanes.

Automated bin lane highlights from TSA’s website:
Stainless steel countertops enable several passengers to place their items in bins simultaneously;
Property bins are 25% larger than those in standard
screening lanes—large enough to hold roller bags;
Automated conveyor belts draw bins into the X-ray
machines, and return the bins back to the front of the queue for passengers;
Carry-on bags that trigger a warning of potential threat are automatically pushed to a separate area to allow bins behind them to continue through the screening process;
Unique Radio Frequency Identification tags are attached to each bin to allow for additional accountability of items as they transit throughout the security process;
Cameras capture images of the contents of each bin, linked to an X-ray image of a bag’s contents.

The League of American Orchestras, members of our airline travel coalition, spoke with TSA officials by telephone in order
to help outline information musicians need to consider.

Highlights from that telephone call are:

Musical instruments may be screened through both TSA PreCheck and regular lanes that use the new automated
bin system.
Each checkpoint (both TSA PreCheck and regular) will continue to have a nonautomated conveyor belt screening lane.
If your musical instrument exceeds the size of the automated bins, and fits through the standard conveyor belt X-ray machine, you will be directed to the nonautomated lane.
If your musical instrument exceeds the size of the conveyor belt X-ray machine, you may be hand-screened.
At present, the automated bin system is only in use at
Newark, Chicago O’Hare, Los Angeles, and Atlanta airports. (Newark will be consolidating its lane locations in March to make it easier to find nonautomated lanes.)
TSA is updating signage, direction, and coordination between TSA and airport employees on the automated lane procedures before passengers enter the queue.
TSA is mindful of the needs of musicians and other passengers with oversized items as the automated bin procedures are implemented on a larger scale, and is reviewing its online guidance for musicians for any needed updates.

For musicians who travel frequently, these tips, along with a copy of the AFM Pocket Flying Guide downloaded from AFM.org (Member Log In/ Document Library/ Legislative Office/ Flying with Musical Instruments), serve as guides for more convenient air travel.

International Travel with Instruments Containing CITES Material

On December 7, 2016, the US Fish and Wildlife Service, in cooperation with national music partners including the AFM, LOAO, AFVBM, Carnegie Hall, CMA, the Recording Academy, and NAMM, presented a comprehensive webinar that summarizes new regulations relating to travel abroad for those who own musical instruments containing component parts of CITES protected wildlife species. This tell-all webinar can be found at: www.afm.org/2016/12/travel-instruments-containing-endangered-species/. We encourage every traveling musician to review this presentation.

National Right to Work Legislation

For more than half a century, states have struggled over the adoption of “right to work” laws that give employers leverage to exploit workers by preventing them from forming and joining unions. Currently, there are right to work laws in 28 states. AFL-CIO research shows that workers in right to work states are worse off due to lower wages and income, lower rates of health insurance, and lower investment in education, and higher poverty, infant mortality rates, and workplace fatality rates.

For musicians, right to work employers promote policies that undermine collective bargaining, which often leads to reduced participation in collective action. For as much as our union has fought in the states against this policy, now Congress is engaged in a federal debate that would see national right to work laws enacted in this country.

On February 1, the battle came to Capitol Hill. Representative Steven King (R-IA) introduced HR 785, the National Right to Work Act—a bill designed to prevent union security agreements, weakening organized labor’s ability to unionize/organize workers. Both HR 785 and companion bill S 391 in the Senate amend the National Labor Relations Act and the Railway Labor Act to repeal provisions that permit employers, pursuant to collective bargaining agreements that are union security agreements, to require employees to join a union. This includes provisions permitting railroad carriers to require, pursuant to such an agreement, a payroll deduction of union dues or fees as a condition of employment.

Signature Issues

On January 31 and February 1, AFM President Ray Hair traveled to Washington, DC, to lobby members of Congress on the Fair Play Fair Pay Act; O and P Visas; support for National Endowment of the Arts (NEA) and Corporation for Public Broadcasting; and against the offshoring of film scoring. These remain our signature issues and we are working hard to effect positive change in these areas.

We look forward to your continued input and encourage you to use the AFM congressional links to email your thoughts to your Washington, DC, representatives.

Film Musicians Secondary Markets Fund End of Year Round-Up

February 23, 2017 IM

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

The Film Musicians Secondary Markets Fund (FMSMF) works to serve the film, television, and music communities and meet the needs of film musicians whose talents fuel the industry. To this end, the FMSMF is pleased to provide ongoing updates to the International Musician for the benefit of AFM members.

“New” Films

With the first six months of the FMSMF’s 2017 fiscal year now ended as of September 30, at the time of this writing, more than 150 new titles had reported residuals into the fund for the first time. Among the titles reporting for the first time this year are films such as The Peanuts Movie, Ride Along 2, Star Wars: The Force Awakens, Chi-Raq, Joy, and Deadpool, and television series such as Minority Report, 24: Live Another Day, The Catch, Agents of S.H.I.E.L.D. (2015/2016), and Wicked City. The list of “new” titles for fiscal year 2017 is now posted on the fund’s website, www.fmsmf.org, and will be updated as new titles report into the FMSMF for the first time during the remainder of the 2017 fiscal year.

As a reminder, when the FMSMF refers to “a title,” it refers to an individual motion picture, documentary, or television movie, or a single season of a television series.

2016 Distributions

The FMSMF distributed more than 15,600 payments to musicians and beneficiaries as part of its regular distribution on July 1, 2016. Another 545 payments were distributed in mid-September as part of the fund’s annual “omissions” distribution.

Learn More About FMSMF

The FMSMF was honored to conduct a workshop, entitled “FMSMF 101” for AFM Local 47 (Los Angeles, CA) members. This workshop is for the benefit of musicians who would like to learn more about the fund, how residuals work, and what the fund does to collect and distribute residuals to working musicians. FMSMF staff is always happy to provide such workshops for the benefit of working and aspiring musicians, and is available to travel to AFM locals outside of the Los Angeles area to conduct workshops at the local’s request.

Spreading the Word

FMSMF was proud to be an exhibitor at the American Film Market, November 2-9, 2016, in Santa Monica, California. This is one of several efforts the fund makes annually to reach independent producers and provide information, answer questions about film scoring, and about how the FMSMF works. These are also critical opportunities to remind new and aspiring filmmakers about the integral role that music plays to successful filmmaking, and the importance of planning ahead when budgeting. The FMSMF also attended the Toronto Film Festival in September, and plans to attend South by Southwest 2017 in March.

Visit Us on Facebook

Stay current with fund developments by visiting the FMSMF Facebook page and the website www.fmsmf.org. There you will find updates on fund policies, information on new titles, and new user features.

From everyone at the Film Musicians Secondary Markets Fund—nest wishes for a healthy and prosperous 2017!