Tag Archives: festival

Don’t Quit Your Day Job

The campaign to get musicians paid for showcasing at the BreakOut West festival in Edmonton this year spawned three weeks’ worth of radio interviews, print, and online media coverage, as well as social media jousting, and effectively polarized two viewpoints. While most articles were fair in representing the views of the CFM, as well as the festival’s organizers, the notion that musicians should be paid for their performances should have been a clear winner in the opinion polls, especially with effective adhesion to the social justice issue of a fair minimum wage.

Yet out of the woodwork came arguments so ludicrous (albeit to me) that I had to stifle the chortles and guffaws. Somewhat miraculously, those arguments were embraced by a portion of the media and, by extension, their readership. I think it is noteworthy to review, if for no other reason than to apprise members.

One assertion by the festival organizers was that many of the musicians were, in fact, being paid to perform through individual grants from the provincial government or their music industry association, and in some cases, the Foundation Assisting Canadian Talent on Recordings (FACTOR). They claimed that this was the “model” of the future. This claim was usually followed by, “There was once a need for a musicians’ union, but not anymore.”

I consider this to be one of the most ludicrous positions ever presented. The notion that musicians should no longer encumber an employer with such trivial things as fees and pension, in favour of asking for government handouts as a means for surviving in the music industry, borders on ridiculous. Only an employer would have the audacity to suggest this and musicians are the only genre of worker that would give it a morsel of credibility. Imagine the response from actors, directors, screenwriters, or stagehands were it communicated that they should no longer look to the film producer for remuneration, but instead seek government grants to provide for their families.

As for the value judgement on a need for the AFM, that rhetoric is not new. It’s used by every employer to dissuade every member of every union in the Canadian Labour Congress (CLC) from participation. It is part of the perpetual attack upon the labour movement, right-wing style.

Another offering by the press suggested that it should be the musicians’ choice whether they wish to donate their services, or that perhaps the whole thing should be treated as a large audition, not a gig. Perhaps this would have merit if the organization involved was a charity, not a well-oiled machine that makes deliberate “policy” to pay everyone involved, except the musicians (who, by the way, are the folks the event is all about).

In addition, these nonpaid “showcases” take place in licensed venues, packed with festivalgoers and making huge profits from liquor sales. A venue that would normally be required to pay for their entertainment, during the festival, gets to watch the bands sweat the night away for free. As for treating it as an audition, I pick no. Real auditions are in a private room to a select few, not in a club where the audience dances, tickets are sold, and beer is swilled. You audition to find work, not to be selected for a chance to perform gratis at yet another festival, and then another. And no, there is no major label A&R person waiting to sign you at 2:00 a.m. in an Edmonton bar.

Finally, the big carrot offered by the festival—a wristband; in other words, a free pass to your own show. By my loose calculations, each band spends hundreds of dollars for travel, accommodations, and food, but are not offered even the price of parking.

The bottom line is that festivals providing no remuneration for services have no regard for the music industry at all. If they did, they would acknowledge that musicians are a fragile part of the music ecosystem, the roots if you will, and must be nourished and fostered to encourage them to seek music as a viable career option. Instead, these festivals choose to build an industry that, as a part of Canada’s Gross Domestic Product (GDP), is larger than mining and lumber combined, yet there appears to be no sustainable livelihood for the musicians.

So in the end, the BreakOut West Festival did, indeed, impart great wisdom upon those musicians in attendance, a message of enormous gravity and substance: Don’t quit your day job.

BreakOut West

BreakOut West—Still No Deal Do Not Work for BOW

While talks have continued with the executive director of the Western Canadian Music Awards, which presents the BreakOut West (BOW) festival, there is still no appetite on their part to enter into an agreement for the services of musicians. While the CFM has pitched a three-year deal to cover minimum basic fees, pension, and distribution of recorded performances, BOW is refusing to bargain even one year.

The festival is employing a classic “divide and conquer” maneuver. Artists who they consider headliners and therefore essential to the visibility of the festival, are paid handsomely. But the vast majority of the musicians showcasing—in excess of 250—will receive no compensation. Additionally, they are presented with a contract that states they can be recorded and BOW will be held harmless from any payment for the use of any such recordings, in perpetuity.

Since the festival continues to be listed on the AFM International Unfair List. Musicians must not provide services for BreakOut West.

Let me repeat that: Do not perform at BOW!

As unsavoury as this is for everyone, there is much more at risk than what some musicians may consider valuable “exposure.” There are many important festivals in Canada, and failing to get an agreement with one, risks similar consequences elsewhere. All employers everywhere must be held to the same standards: if you engage musicians, they must be properly compensated and treated as professionals.

As AFM President Hair has stated many times, “An injury to one is an injury to all. Together, we are stronger.”

Another important factor in this scenario is the venues. While BreakOut West is not providing compensation, neither are the clubs that are being used for the performances. They can expect a packed house, high liquor sales, and no-cost entertainment. Free music. Anyone who performs under these circumstances is merely contributing to the “pay to play” problem.

Our issues with BOW are not so different from dark recordings that went on years ago, when there were several important recording studios in Toronto. The business representative at the time, Murray Ginsberg, would often visit studios to ensure that the employer on the gig was signatory to the Sound Recording Labour Agreement.

The players would, of course, be annoyed by a visit from Murray “the Mountie” and the disruption but, in the end, extremely grateful when they were paid appropriate session fees. In addition, there was the increase in the monthly pension payout upon retirement, and also the cheque from the Special Payments Fund, which arrived each year for five years after any such sessions. Not only that, but recordings that were properly documented on B4 Report Forms were subject to new use payments, for subsequent release in other medium or when otherwise repurposed. The promise of “50 bucks cash” could turn into tens of thousands, when it was done properly.

By not obligating the employer to sign a contract for appropriate fees and pension, you are letting them off the hook, cheating yourself, and making it that much harder the next time. By giving BOW your services for free, and not having a contract in place to protect any recording that ensues, you are doing yourself a huge injustice. It also sends the message that your product has no value. The minimum you perform for becomes the maximum employers are willing to pay.

The time for solidarity is now!

Festival Brings Free Live Music to Denton

At the end of April, the Music Performance Trust Fund (MPTF), the Film Funds Trust Fund, and Local 72-147 (Dallas-Ft. Worth, TX) helped Denton, Texas, celebrate its arts community at the Denton Arts and Jazz Festival. This free public event features around 3,000 performers and attracts more than 200,000 attendees annually. All of the musicians paid to perform at the event are union members.

This year’s acts included Dr. John, a member of Locals 174-496 (New Orleans, LA) and 802 (New York City); the University of North Texas Faculty Jazz Ensemble, members of Local 72-147; and Denton’s own Brave Combo, also members of Local 72-147.

Because Denton is AFM President Ray Hair’s home town, each year he rolls up his sleeves and heads to Texas to help run the event over the entire three days. It’s a chance for him to interact and connect with member musicians in their community.

“We started the event as DentonJazzfest 30 years ago, on a Sunday afternoon, on a flatbed trailer, in the park, with Brave Combo and the UNT Jazz Faculty, all sponsored by MPTF and former Fort Worth Local 72,” says AFM President Ray Hair. “Each year, it became more popular and eventually morphed into Denton Arts and Jazz Festival, attracting hundreds of thousands of festivalgoers.”

This year AFM Freelance Services Membership Development Director Paul Sharpe also attended. Sharpe interacted with performing musicians, discussing musician issues and needs and answering questions at the grass-roots level. He also collected a wealth of video commentary about the union from its members.

For the first time, MPTF Trustee Dan Beck and Film Funds Trustee Robert Jaffe visited the event.

“What impressed me most was the spirit of joy and participation, not only among the performers, but among the attendees as well,” says Jaffe. “Despite some unpredictable, and sometimes downright inclement weather, the attendance was great, the music was outstanding, and the crowds were unbelievably responsive.”

“The festival’s impact on the entire Denton community was visibly evident. Beyond the free public performances of celebrity talent, the extraordinary participation of music students at all age levels was impressive and every bit of what the MPTF advocates,” concludes Beck.

Dr. John the Night Tripper, a member of Local 174-496 (New Orleans, LA) headlined the Denton Arts & Jazz Festival

Dr. John the Night Tripper, a member of Local 174-496 (New Orleans, LA) headlined the Denton Arts & Jazz Festival

AFM President Ray Hair (center) at Denton Arts & Jazz Festival with MPTF Trustee Dan Beck (left) and Film Funds Trustee Robert Jaffe.

AFM President Ray Hair (center) at Denton Arts & Jazz Festival with MPTF Trustee Dan Beck (left) and Film Funds Trustee Robert Jaffe.

Local 72-147 member Jordache Grant performed with the Mark Harper Project.

Local 72-147 member Jordache Grant performed with the Mark Harper Project.

Bassist Drew Phelps performed with his sons, Garrett (pictured) and Nathan; all three are members of Local 72-147 (Dallas-Ft. Worth, TX).

Bassist Drew Phelps performed with his sons, Garrett (pictured) and Nathan; all three are members of Local 72-147 (Dallas-Ft. Worth, TX).