Tag Archives: emsd

Union Contracts Come Up Big During Pandemic

June 15, 2020 Pat Varriale

In this troubled and uncertain time where there has been a dramatic decrease in live work due to the COVID-19 pandemic, there is a certain amount of solace in knowing that projects recorded under AFM agreements administered by the Electronic Media Services Division can and have resulted in much needed income for musicians.

An example of such projects is the live production of Jesus Christ Superstar. The event was produced under the Television Videotape Agreement in 2018. Two years later, with the stay at home edict in effect and new production limited, NBC rebroadcast the program on Easter Sunday. This will result in significant reuse payments required by the Videotape Agreement. In addition, earlier this year, the program was exhibited over public television—another source of income for musicians.

Another example is The Kelly Clarkson Show. This is a daytime talk show that premiered in September 2019. Due to the pandemic, original production of the show has been placed on hiatus. However, existing shows are being rerun both in their usual daytime slots and then early the next morning. Under the terms of the TV Videotape Agreement, the musicians of the house band have received and will continue to receive reuse payments for both the daytime and early morning exhibition of each show. This also extends to musicians performing with guest artists.

In addition, there is potential income from documentary programs that contain clips licensed from producers of shows produced under an AFM Agreement. For instance, the PBS documentary, Sesame Street—50 Years and Still Sunny, includes clips from the various seasons of Sesame Street. We are in the process of securing pertinent information that will enable us to bill for clip use payments in connection with this production.

And the new use of sound recordings into motion pictures and television films has stayed the course and use of sound recordings and motion picture soundtracks into commercial announcements have actually increased.

These are just a few examples of how AFM agreements have generated payments for musicians during this precarious time. Please feel free to reach out to us if you have any questions: 646-269-0827.

Electronic Media Services

The Truth About Non-Disclosure Agreements

May 25, 2020 Pat Varriale

As of late, the EMSD has become involved in a series of non-disclosure agreements (NDAs). These are offered to musicians engaged by a signatory to the relevant AFM electronic media agreement or third party.

The purpose of non-disclosure agreements is to preserve confidential information including songs, vocal arrangements, and other creative artistic matters that have not been performed publicly. However, the problem we have found is most NDAs go beyond this and to the extreme of compromising the rights of the musicians engaged by the artist. Some of them seek unconditional injunctive relief and remedies against musicians who breach the terms of the broadly written NDA, or prohibit musicians from engaging in protected activity such as discussing terms and conditions of employment with the AFM or other musicians.

In one such instance, an extremely popular act announced it would be going on tour. The management company advised that it would be engaging large orchestras in each city. So far, so good. However, the management company set forth a non-disclosure agreement it wanted each musician to sign, without first having submitted the NDA to the AFM for review. Fortunately, the contractor of the musicians on one stop of the tour had the presence of mind to forward the proposed NDA to the local, and the local in turn forwarded it to the AFM for review. We found the document to be unacceptable because it asked for rights the musicians could not be expected to waive.

This led to a series of back and forth conversations with representatives of the management company and drafts of revised NDA documents were exchanged. While this process was going on, we notified the locals having jurisdiction over the venues in the other cities that the NDA as originally presented was unacceptable and encouraged them to advise contractors and musicians accordingly.

We ultimately agreed with representatives of the management company on a non-disclosure agreement that would be acceptable to the AFM and that the musicians could sign without jeopardizing their rights.

NDAs are usually prevalent in the television field, and most producers know enough to discuss these agreements with the AFM prior to distributing them to musicians. They want to avoid the “eleventh hour” disruption of production that could occur because they distributed an agreement that was not cleared by the AFM.

These types of documents, waivers, or releases of any kind should always be submitted to the AFM for review to ensure that it will not have an adverse effect on the rights of musicians. In some instances, the signatory is looking to clear “image and likeness” but they tend to stretch well beyond that aspect. Musicians should not sign NDAs for AFM-signatory performances or sessions unless they have been assured that the NDA language was agreed upon in its exact form by the AFM.

The AFM is committed to protecting the invaluable rights of musicians, and we welcome any questions you may have in this regard. Call us anytime at 917-229-0234.

Electronic Media Services

Thanks to EMSD Canada Office Staff

October 30, 2019 Pat Varriale

en français

As most of you know, the September issue of International Musician focused on electronic media and the Electronic Media Services Division. I am extremely happy to hear of the positive feedback that has been received in connection with the articles and features contained in this issue, as well as the contributions made by EMSD staff on both the East Coast and West Coast.

I would like to take this opportunity to acknowledge the hardworking staff that administers electronic media in our Canadian Office. Lead by Vice President from Canada Alan Willaert and Executive Director Liana White, the staff that services our Canadian locals and members are listed in the box on page 13, along with their specific functions. I would like to thank Director of Administration Susan Whitfield for providing this information.
Recently, I had occasion to visit the Canadian Office and meet with Electronic Media Supervisor Daniel Calabrese to discuss the administration of our agreements and those unique to Canada as well as the “new use” process. I was impressed with the work ethic of the department, and I would like to offer my appreciation to Daniel and his staff for their continued sincere efforts to the cause.

Remerciements au personnel de la Division des services relatifs aux médias électroniques du bureau du Canada

par Pat Varriale, directeur, Division des services relatifs aux médias électroniques et adjoint du président de la FAM

Comme vous le savez sans doute, le numéro de septembre d’International Musician était consacré aux médias électroniques et à la Division des services relatifs aux médias électroniques. Je suis ravi de tous les commentaires positifs reçus au sujet des articles de ce numéro et de la contribution du personnel de la Division, sur la côte ouest comme sur la côte est.

Je souhaite profiter de l’occasion pour souligner le travail sans relâche du personnel responsable de l’administration des médias électroniques au sein du bureau canadien. Sous la direction d’Alan Willaert, vice-président pour le Canada, et de Liana White, directrice générale, le personnel de la Division est au service de nos sections locales et de nos membres. Vous trouverez leurs noms et leurs titres dans l’encadré à la page 13. J’aimerais remercier Susan Whitfield, directrice de l’administration, qui a fourni ces renseignements.

Récemment, j’ai eu l’occasion de visiter le bureau canadien et de rencontrer Daniel Calabrese, superviseur de la Division des services relatifs aux médias électroniques, pour discuter de l’administration de nos ententes conjointes et de celles qui touchent uniquement le Canada, ainsi que de la procédure à suivre pour la « nouvelle utilisation ». J’ai été impressionné par l’éthique de travail du service, et je tiens à remercier Daniel et son équipe pour leur dévouement.

Electronic Media Services

Getting Paid for Prep: Ensuring Your Services Are Compensated Properly

September 26, 2019 IM

by John Painting, AFM Electronic Media Services Division Assistant Director

When you think about what kinds of services are covered under AFM Electronic Media contracts, you know that that includes instrumentalists, obviously. But there’s one covered area of services that is not widely understood and often forgotten about entirely: music preparation.

In order for an ensemble of musicians to perform together, music must usually be provided for them. After a composer has, well, composed a piece, it’s the job of music preparation personnel to work with that piece so it can be performed; they are the link between the composer’s score and the orchestra’s performance of it.

Arrangers will adapt a composition to determine how it will sound, taking an already written composition for presentation in something other than its original form. This includes reharmonization, paraphrasing and/or development of a composition so that it fully represents the melodic, harmonic, and rhythmic structure and requires no changes or additions.

Orchestrators will decide what instruments to use and which instruments will play what, scoring the various voices of an arrangement without changing or adding to the melodies, counter-melodies, harmonies, and rhythms.

Copyists will then write out the parts on sheet music for the conductor’s score and each individual musician, so that every player has their own part. Librarians may also be needed to keep that sheet music organized.

All of this work is covered under all AFM agreements, including electronic media agreements.

By and large, music preparation is paid by the score page. Each collective bargaining agreement will contain a set of “page rates” for both orchestrators and copyists. Arrangers, whose work is highly specialized, are allowed to negotiate their own payment, provided it is no less than what an orchestrator’s scale would be according to the page rates.

Other types of work may not be feasible to be paid by the page, such as adjustments, alterations, or work at rehearsals, so each contract also enables the personnel to be paid by the hour, called “time rates.”

Much of the time, the music preparation work is done well in advance of a scoring session, which means, if the personnel are not careful, they could be left off the report form when the project is filed. So, if you’re doing this type of work, how do you make sure you get paid properly? The answer lies in the invoice.

Whenever work is done on a union contract, an invoice must be supplied to the employer for payment. For instrumental musicians on recordings, that invoice is the B-report form. Music preparation personnel must also go down on a B-report form to ensure that their work remains tied to the recording it was prepared for; but a special music preparation invoice must also be prepared and submitted to the employer, detailing the work that was done, the rates that are being applied (by page and/or by hour), as well as the wages and benefits owed for that work. Those wages and benefits are then listed on the B-form.

Keep in mind that all work is filed to the local jurisdiction in which the work took place. That means that if you do arrangements from your home in Los Angeles for a recording that takes place in Nashville, the music prep invoice will be filed with Local 47, even though the studio session will be filed with Local 257.

Do not let yourself go uncompensated for your work. Any work you do manipulating a composer’s score to allow it to be played by an ensemble is covered work under every AFM contract.

If you write charts for a live performance and that concert is recorded, you deserve an electronic media payment, just as the instrumentalists do. If you write charts for a string quartet to appear on an album recording, you should be paid under the Sound Recording Labor Agreement. If those charts are later performed on a television program, you deserve payment for that usage. When that show re-airs, you deserve a residual. If that album track appears in a commercial advertisement, you deserve a New Use payment and future cycle payments.

If you have any questions about the process, don’t hesitate to ask your local or the AFM.

Electronic Media Services

Collecting “New Use” Payments under EMSD Agreements

September 23, 2019 IM

New Use Collections Are at an All-time High; This Is How You Can Get a Piece of the Pie

by Alyson Sheehan, AFM Electronic Media Services Division Administrative Assistant

You’re sitting on your couch flipping through the channels when suddenly you hear a familiar tune. That’s when you realize: you played on that song! And now it’s being used in a commercial! Likely, the record label that owns and controls the master recording has licensed it to an advertising agency for use in a commercial spot. This may be considered a “New Use” and trigger additional compensation for you, but there are a few things that need to happen before you put a down payment on that condo:

1. A New Use can be defined as a track that was recorded pursuant to an AFM agreement for one purpose, now being used for another purpose. So, the first question to ask yourself is: Was this recording made pursuant to an AFM Agreement? Not that you would ever intentionally play on a dark date … but maybe you didn’t confirm that the employer was a signatory to the proper AFM agreement before making the recording and only found out later that it was a non-union gig. If so, unfortunately, we will not be able to assist you in securing the New Use payments to which you would have otherwise been entitled, had the original recording work been covered.

2. If you’re pretty sure that this was a covered recording session employed by an AFM signatory, the next question is: Was a B-form filed to report this work? Did you by any chance happen to get a copy of that B-form, or keep any payment records, check stubs, or proof of employment? It is extremely helpful if you can provide any information and/or documentation in connection with that original recording session.

3. The next step is to talk to your local officer. Explain the New Use to the best of your ability, both the original track and what it was licensed into, and provide the local officer with any documentation you have. If this is the same local in which the original recording work took place, they might have the B-form on file. The local officer will assess the situation and help as much as possible to determine whether a New Use payment is applicable.

4. If your local officer agrees that a New Use payment may be applicable under the circumstances which you have described, they will notify the AFM National Office’s Electronic Media Services Division (that’s us!). If the New Use is any type of previously recorded music being licensed for use in a commercial announcement (that the recording was not originally intended for) then I am the point person in EMSD to assist. If the previously recorded material was licensed into a motion picture or television film, members of the EMSD staff at our West Coast office will be able to assist (you can find specific job descriptions here).

Of course, these are not the only things that previously recorded music is licensed into; especially in today’s world, the options are almost limitless. If the reported New Use doesn’t fall into either of those categories, I’m happy to take any and all New Use related inquiries from local officers and point them in the correct direction.

As you can see in charts A and B, licensing recorded music is becoming pretty popular, and our New Use collections have skyrocketed in the past two years. We hope to continue to have these figures climb, not only to reflect the trends of the industry but to exceed them by also increasing the efficiency of our billing process.

We are constantly working with licensees and licensors alike to bill for these New Uses more quickly and efficiently, so we can get money to the musicians who earned it. As your track moves from a sound recording to a film score to a commercial announcement and back around again, taking on a life of its own, you deserve to feel proud and fairly compensated for your contribution to the entertainment industry.

Electronic Media Services

EMSD 101: How to Select the Correct Agreement for Your Project

September 19, 2019 IM

The following list of questions is supplied for the purpose of ascertaining necessary information so that rates from the appropriate agreement may be provided.

We would like to preface these questions by stating that if the electronic media project involves a symphony, opera, ballet or chamber orchestra and has a collective bargaining agreement, you will need to confer with the Symphonic Services Division—at least initially—in order to determine the appropriate agreement.

If it is a live performance being recorded or taped, is there a live performance contract on file?

What is the nature of the project (music recorded for a CD release/download, commercial announcement, television show, motion picture, etc.)?

If it is music for a CD release/download, what is the approximate number of pressings/downloads? What is the approximate budget?

If it is music for a commercial announcement, is it for a national, regional, or local campaign? Which medium (television, radio, Internet, etc.)? Will musicians be engaged on camera?

If it is music for a television show, which type of show (variety special, talk show, sports event or theme, documentary, sitcom, awards show, etc.)? Over which type of television will the show air (network, basic cable, pay cable, PBS, local television, etc.)?

If it is for a variety type show (talk show, awards show, etc.), what are the lengths of the show and rehearsals?

If it is for a television movie, scripted episodic show, documentary for TV, sitcom, etc., will musicians be engaged on camera?

Will this be a project for the Internet (live performance pick-up), staged concert? Will it be one-time live stream, an on-demand stream, etc.? Will access to the stream be ad-supported or subscription based?

Will this be a made-for-new- media project? If so, what type of show is it, and over which new media platforms will it be made available (Netflix, Amazon, etc.)? Will the ability to view the show be ad-supported or subscription based?

In all instances, what is the name of the production entity and party responsible for control of the product?

Click here to download a PDF version of the above chart.

Electronic Media Services

45 Years in the EMSD

September 11, 2019 IM

by Pat Varriale, AFM Electronic Media Services Division Director and Assistant to the President

It’s hard for me to believe, but, in October, I will be celebrating my 45th anniversary at the AFM—all of them in the Recording Department/Electronic Media Services Division. For a little perspective, when I was hired, Gerald Ford was in the White House. The AFM New York City office was located across town at 641 Lexington Avenue, and the Secretary-Treasurer’s Office was based in Newark, New Jersey, before merging with the New York Office in 1975 at 1500 Broadway. The West Coast office was a two-person “satellite” office. It’s difficult to try and capture all my experiences in this one article, but here is a sampling.

It all began when I answered an ad in the newspaper that simply stated: “Clerical assistance needed, knowledge of music helpful.” So I made an appointment and met with the legendary Bob Crothers who was executive assistant to then-President Hal C. Davis and head of what was then known as the Recording Department. I got the job and for the first three or so weeks I did nothing but sort session recording form B contracts (these contracts are now known as B Report Forms). In those days, they were different colors. I remember the B-4 (sound recordings) was green, the B-5 (demonstration recordings) blue, the B-6 (commercial announcements) yellow and the B-7 (motion pictures, TV films, live TV) pink. Was it tedious? I’ll say. But that helped me to get a grasp of which scales go to which recording agreements and which companies were signatory to our contracts. That and overseeing control of the signatories to our various agreements served as the foundation for my future at the AFM.

After my clerical “apprenticeship,” the real challenges began as a contract administrator. I was assigned to administer the Television and Radio Commercial Announcements (“Jingles”) Agreement and National Public Television Agreement. I was very fortunate that all of the agreements the Recording Department administered were far less complex at the time—there was no Internet, video games, satellite radio—and I was able to learn them starting at that level.

For instance, the jingle agreement had, for the most part, two rates—a national scale and a Single Market Advertiser rate, as well components for foreign use and Sideline (on camera) work. Through various rounds of negotiations, new provisions were added including two regional rates, two local rates, provisions for initial use, informational changes, non-broadcast, Internet, and All Media Use. For the public television agreement, it also included the task of overseeing the side letter for Children’s Television Workshop, which produced shows for Sesame Street.

That side letter had provisions in it that brought in a huge volume of payments to musicians for this widely popular show. One provision covered co-productions where music from the Sesame Street library would be licensed for use in foreign co-productions of the show. They would be used in countries throughout the world. We had a special rate for those co-productions and I remember one such grouping of co-productions that netted the band $360,000. That was amazing for that time. The 1970s marked the beginning of the “Pat and Pat” team. Pat Havey and I worked together for 30 years until his retirement in 2003. To this day we stay in touch.

In the 1980s, the West Coast office expanded and became a viable extension of the Recording Department. Dick Gabriel, who would later succeed Bob Crothers as head of the department, was brought on to begin building that office. The West Coast office administered all facets of the Basic Theatrical Motion Picture and Television Film Labor Agreements and handled the “new use” of sound recordings into motion pictures, TV films, and commercial announcements. And, with music videos becoming the rage at networks such as MTV and VH1, we negotiated with the Recording Industry the Video Promo Supplement. This brought compensation to musicians that were engaged for miming to the record tracks. As the 80s moved on, I became more directly involved with the Sound Recording Labor Agreement and the session reports for sound recording sessions (B-4 form) which is the blueprint for billing for New Use payments. I worked with the Sound Recording Special Payments Fund and the Music Performance Trust Fund. I also developed relationships with the Recording Industry representatives which helped tremendously in the administration and problem solving of the complex SRLA.

In 1981, I attended the first of many AFM conventions as a “runner” for Convention Coordinator Bob Crothers and Lew Mancini. Lew showed me the ropes during these early days. This gave me the opportunity to learn the inner workings of the AFM apart from electronic media. For each of the last two conventions, I have served as co-coordinator working with Ken Shirk and our talented crew to make sure that things ran smoothly.

As the 1990s came in, we began developing new agreements such as the Local Limited Pressing Agreement, the Made and Played Local Commercial Announcements Agreement, and the Bandstand Agreement (which became the Joint Venture Agreement), and negotiated low budget provisions into our Motion Picture, Television Film and Sound Recording Labor Agreements. We were also in the early stages of creating agreements for Internet projects as well as video games. These created significant employment opportunities for musicians. The personnel in the New York and West Coast offices grew to accommodate the increased workload.

The 2000s saw video games and Internet come to the forefront, creating new agreements that provided income streams for musicians. We developed a CD jacket initiative project where musician information from the liner notes is distributed to the locals where the sessions take place to see if the B-4 Forms are properly and completely filed. This initiative is still active and results in forms being filed after the fact, thus protecting the musicians’ product and improving our success rate for securing New Use payments because we had the B-4 forms confirming the participation of the musicians at the session(s).

In 2008, I was appointed as the first-ever assistant director in the EMSD. I remember I was home with the flu when the phone rang on a cold February day and it was Dick Gabriel letting me know of my promotion.

In 2010, Ray Hair led a new administration to the AFM. President Hair took a much more aggressive approach to the monitoring of our major agreements. In fact, some of the agreements had not been negotiated in years beyond their expiration and left musicians without pay increases—not to mention that violations of these agreements had previously been left unchallenged. As a result of the aggressive approach implemented by President Hair, lawsuits were filed against major film studios and the settlements that resulted netted close to $2 million for musicians.

In addition, the signatories to the film agreements began complying with the reporting provisions of our agreements. This added to our New Use and clips collections. Around 2011, the International Executive Board approved the Independent Film/Festival Film Agreement that brings in more work for musicians. The responsibility for billing and collecting Jingle New Use (sound recordings and motion picture scores licensed into commercial announcements) payments was transferred to the New York EMSD. Due to the aggressive and extensive research, our collections have more than tripled each year.

In January 2015, President Hair promoted me to the position of director of the EMSD. I was honored to be given a title once held by my mentors, Bob Crothers and Dick Gabriel, and I take great pride in continuing their work in representing recording musicians.

I also participated in the Officer Training Program that took place prior to AFM conferences, utilizing our “Demystifying the EMSD” PowerPoint presentation for local officers attending the program to work with our agreements.

Nowadays the challenges continue. We have an ongoing organizing initiative in place as we are determined to bring meaningful new media streaming residuals provisions into our film and live TV agreements as we follow consumption. And licensing has become a major function of this office. In addition to the improved reporting from the motion picture and TV film companies, we are receiving similar reports from the record labels as the result of provisions we negotiated into the Sound Recording Labor Agreement for low-fee traditional uses, non-traditional uses, mobile applications, foreign licensing, etc. These provisions have brought in significant and much-needed revenue to the Sound Recording Special Payments Fund, the Music Performance Trust Fund, and the Pension Fund. We are monitoring it closely to ensure that the provisions are being followed properly.

With the complexities of our agreements, I am proud of the staff that takes great pride in making sure that recording musicians are represented to the utmost in administering the agreements and functions they oversee. I could not have asked for a greater set of folks.

It’s been a long ride with many invaluable experiences, and I am enjoying every bit of it. I have made many friends and formed relationships along the way. And yet at times it feels like it was only yesterday that I walked into the AFM for first time and started sorting B forms…

Electronic Media Services

EMSD Staff

September 4, 2019 IM

As we so frequently get caught up in day-to-day business and the pursuit of agreements and payments, it can be difficult to make time to get to know each other. The following EMSD “who’s who” puts faces with names and summarizes job responsibilities for our EMSD staff.

West Coast Office

Aksinia Dintcheva: Aksinia is part of the Sound Recording to Theatrical and Television Film New-Use Department and works tirelessly to create B-7 contracts and billings. She has been working at the EMSD for 19 years.

Andie Childs: Andie manages Historical Soundtracks and projects involving film-to-film clip use, as well as spreadsheets and dispersals for compilation projects and programs.

Andre Shavers: Andre is in charge of collections for the Sound Recording to Theatrical and Television Film New-Use Department—he pursues payment for billings generated by Peter Marroquin and the researchers. He also oversees notices for work dues payments.

Chris DeLeon: Chris is a researcher for the Sound Recording to Theatrical and Television Film New-Use Department. He views TV shows, documentaries, and films to identify the tune used and make sure it matches the one licensed. He also creates billing packages.

Mary Beth Blakey: Mary Beth is the contract administrator covering Television Videotape, Basic Cable Television, Internet and New Media projects, and Video Games. She has been working at the EMSD for nine years.

Matt Allen: Matt is the contract administrator who handles Motion Picture and Television Film, as well as Low Budget, Student, Festival, and Industrial Films. Matt initially worked at Local 47 (Los Angeles, CA), administering the Sound Recording Labor Agreement.

Michael Stogner: Michael is a researcher in the Sound Recording to Theatrical and Television Film New-Use Department. He identifies the use of AFM Sound Recordings in film media and prepares the billing packets used for invoicing.

Lauren Bruer: Lauren started working in the Sound Recording to Theatrical and Television Film New-Use Department earlier this year. She bills major motion picture and TV production companies for new uses, and verifies musician and beneficiary info for fast and accurate payments.

Justin Terry: Justin recently joined the Sound Recording to Theatrical and Television Film New-Use Department. He completes member address updates, processes and sends new billing invoices, and files new use invoices.

James Moore: James is a new addition to the Sound Recording to Theatrical and Television Film New-Use Department. James follows up with the production companies after Sound Recording New-Use invoices have been submitted for payment.

Peter Marroquin: Peter is manager of the Sound Recording to Theatrical and Television Film New-Use Department. He also handles the management and storage of data for the office. Peter has been with the AFM for 26 years.

East Coast Office

Pat Varriale: Director of the EMSD, Pat has been with the AFM for almost 45 years. He is “all things electronic media,” specializing in all facets of the Sound Recording Labor Agreement, National Public Television, National Public Radio, Limited Pressing, Demonstration Recording and Background Music agreements.

John Painting: Joining the Federation as assistant director of EMSD in May, John brings over eight years of contract administration and bargaining experience from Local 802 in New York. As a result, he is familiar with all of the unique quirks of the AFM’s electronic media agreements. John’s primary focus is in public television and special projects.

Maria Warner-Dowrich: Contract administrator for EMSD New York, Maria administers commercial announcements including commercial new use, sound recording low budget, theme park, and limited pressings. She’s worked for the Federation for close to 11 years, almost nine of them with EMSD.

Kim Wysocki: Administrative assistant to Pat in the New York Office, Kim assists in the processing and entry of the Commercial Announcements Agreement, assumption agreements, and provides assistance in signatory renewals. She also researches the CDs received from various record companies and performs the initial research on Commercial New Use projects.

Alyson Sheehan: In her second year with the Federation, Alyson is working in the billing and collections of sound recordings and theatrical motion picture scores in commercial announcements. In addition, she assists
Pat in writing special letters of agreement and the editing of various national agreements.

Electronic Media Services

This Year’s EMSD Special Issue Is Extra Special

September 3, 2019 IM

by Pat Varriale, AFM Electronic Media Services Division Director and Assistant to the President

Welcome to this month’s issue of International Musician, which focuses on the Electronic Media Services Division (EMSD)—the division of the AFM responsible for serving and protecting the interests of non-symphonic recording musicians. (Symphonic orchestras are handled solely by the AFM Symphonic Services Division or jointly with the EMSD, depending on the nature of the project and make-up of the orchestra.)

This year’s issue is extra special for me for three reasons. First, I get the opportunity to welcome a new member of the EMSD team: John Painting. John joined the AFM in May as the assistant director of the EMSD. Many of you may know John from his eight years in the recording department at Local 802. Now, he brings his invaluable knowledge of our various and complex recording agreements to the international office of the AFM. John also brings with him youth that will serve the EMSD many years into the future.

The second reason I am excited is that, in October, I will be celebrating 45 years at the AFM, all in the Recording Department/Electronic Media Services Division. It has been a long and amazing journey and I have enjoyed every bit of my time here. I expand more on my experiences here.

The third reason I am ecstatic is the long-awaited revival and return of “The Recording Game.” This “game” was originally brought to life by former EMSD directors Dick Gabriel and Carol Sato in the 1990s. Its purpose was to illustrate on a simplistic basis the continued gains musicians are entitled to when they see to it that their recorded product is made under AFM conditions, as opposed to the “one and done” when he/she opts to record non-union. The game proved to be very popular and was widely requested for use at music conferences and music classes. I cannot thank John Painting, Justin Terry, Alyson Sheehan, and Mary Beth Blakey enough for their efforts in bringing The Recording Game to life for this issue.

You will also find in this issue an article from the aforementioned John Painting. John expands on the complicated world of music preparation and the importance of seeing to it that music prep invoices are properly completed and filed with the AFM local in whose jurisdiction the work takes place. Here, Alyson Sheehan writes on her experiences with the Commercial Announcements Agreement and what musicians can do when they hear their music in a “New Use.”

I want to thank RMA International President Marc Sazer for contributing an article to this issue.

I also want to thank the hardworking EMSD staff on both coasts for their day-in and day-out dedication to the cause. We have an updated list of the staff and their functions. I am very proud of their accomplishments and the expertise they bring to musicians on a daily basis.

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

I am confident that all readers will find this issue to be informative and enjoyable. Please let us know if you have any questions. We are just a phone call or email away.

Electronic Media Services, International Musician

Getting to Know the EMSD Staff

September 24, 2018 IM

As we so frequently get caught up in the day-to-day grind of business and the pursuit of agreements and payments, it can be difficult to make time to get to know each other. The following EMSD “who’s who” puts faces to the names and summarizes job responsibilities for our Electronic Media Services Division (EMSD) staff.

Pat Varriale: Director of the EMSD, Pat has been with the AFM for 44 years. He is “all things electronic media,” specializing in all facets of the Sound Recording Labor Agreement, National Public Television, National Public Radio, Limited Pressing, Demonstration Recording, and Background Music agreements.

Maria Warner-Dowrich: Contract administrator for EMSD New York, Maria administers commercial announcements including commercial new use, sound recording low budget, theme park, and limited pressings. She’s worked for the Federation for almost 10 years, eight of them with EMSD.

Kim Wysocki: Administrative assistant to Pat, Kim assists in processing and entry of Commercial Announcements Agreements and assumption agreements and provides assistance in signatory renewals. She also researches the CDs received from record companies and performs initial research on commercial new use projects.

Alyson Sheehan: In her first year with the Federation, Alyson works in billing and collection of sound recordings and theatrical motion picture scores in commercial announcements. In addition, she assists Pat in special projects and the editing of various agreements.

Grant Gerhart: Grant assists EMSD New York on the research, billing, and collection of sound recordings and theatrical motion picture scores in commercial announcements, as well as other administrative duties.

Aksinia Dintcheva: Aksinia works tirelessly in the New Use department to create B-7 contracts and billings. A University of Georgia graduate, she has been working in the EMSD for 18 years.

Andie Childs: Andie manages historical soundtracks, projects involving film-to-film clip use, as well as spreadsheets and dispersals for compilation projects and programs.

Andre Shavers: In charge of collections for the New Use department, Andre pursues payment for billings generated by Peter Marroquin and company. He also oversees notices for work dues payments.

Bryan Vasquez: A researcher in the Sound Recording to Theatrical and Television Film New Use Department, Bryan identifies the use of AFM sound recordings in film media and prepares billing packets used for invoicing. He has worked for the AFM for seven years.

Chris DeLeon: Chris assists the New Use department by generating B-7 forms, as well as handling local tech issues in the West Coast Office.

Mary Beth Blakey: Mary Beth is contract administrator covering television videotape, basic cable television, Internet and new media, and video games. She has been working in the EMSD for eight years.

Matt Allen: As contract administrator, Matt handles motion pictures and television films, as well as low budget, student, festival, and industrial films. He initially administered the SRLA for Local 47. After moving to EMSD in 2001, he managed commercial new use before moving to film agreements.

Michael Stogner: New to the Sound Recording to Theatrical and Television Film New Use Department, Michael confirms the contact information for production companies and generates the billing letters to collect new use payments. He is also department archivist.

Ray Kalantarian: New to the Sound Recording to Theatrical and Television Film New-Use Department, Ray follows up with production companies via phone and/or email after sound recording new use invoices are submitted for payment.

Sandra Leon: The newest researcher in the Sound Recording to Theatrical and Television Film New Use Department, Sandra monitors and analyzes film media to identify the new use of AFM sound recordings and prepares the billing packets for invoicing.

Peter Marroquin: Manager of the Sound Recording to Theatrical and Television Film New Use Department, Peter also handles the management and storage of data for the office. He has been with the AFM for 25 years.