Tag Archives: legislative update

health care
Legislative Update

Renewed Focus on Arts, Health Care, and Performance Rights

NEA and CPB Funding

In a May 31 communique, AFL-CIO President Richard Trumka released an analysis of the White House’s FY 2018 federal budget. Within the Document entitled, Budget of the US Government: A New Foundation for American Greatness, the White House made several recommendations that cut short the ability of the US Government to invest in arts and culture. Under the section “Other Programs and Agencies Eliminated,” they list the Corporation for Public Broadcasting, the National Endowment for the Arts, and the National Endowment for the Humanities.  

The White House’s March 18 budget release was merely an outline of the budget, which allowed AFM members to organize a Save the NEA campaign, an email campaign to Members of Congress expressing AFM members’ discontent over White House budget cuts to the arts. This successful mobilization program allowed AFM members, family, and friends to send approximately 4,301 emails to members of Congress encouraging them to make adjustments in the congressional appropriations process to recognize the intrinsic value of arts funding. In particular, such funding promotes a vibrant economy that, in turn, generates and contributes significant tax dollars designed to reinvest in local communities. For every dollar contributed by the NEA, the agency generates eight dollars to the community’s financial well-being.

Our work continues with the letter writing campaign in support of the tireless efforts of the House Arts Caucus led by Representative Louise Slaughter (D-NY) and Leonard Lance (R-NJ), along with the Department for Professional Employees of the AFL-CIO, the Congressional Arts Group, and myriad other individual artists and arts organizations across the country. If you have not written a letter to Congress on this vitally important issue, please visit the AFM website (www.afm.org/2017/02/nea) for information.

Health Care

Republicans are looking to complete the repeal and replacement of the Affordable Care Act (ACA), or Obamacare. The new legislation, which passed the House May 4 by a vote of 217 to 213 (with 20 Republicans and all Democrats voting against it), is now under consideration in the Senate. The House bill suffered through interparty squabbling as various Republican caucuses disagreed with certain provisions. There were fears that, if passed, the poorly crafted bill could lead to a Democratic takeover of the House of Representatives.

Among principal concerns from Republicans was the belief that the bill should include provisions for coverage for people with pre-existing conditions, as well as those with employer-based health insurance. After a month of wrangling, the bill was yanked from the floor, with both moderates and conservatives threatening not to vote for the bill until these issues were worked out.  

In the House, the Budget Office (CBO) score was not released until after the bill was passed. It showed that more than 23 million Americans could lose their health care benefits by 2026—more people than if Obamacare remained intact.

After House passage, the bill moved to the Senate where Senators agreed to disagree with the content of the bill and decided to totally rewrite it. As the House moved as quickly as it could to put a bill in place, the Senate worked behind closed doors with 13 Republican Senators drafting a revised bill. There was major concern over the bill being drafted without a CBO score analyzing its costs. The Senate decided to delay releasing its bill until all the pieces are in place. Democrats protested because the bill will apparently not be the subject of committee hearings or debate on the floor. Democrats also complain the bill may cause unnecessary spikes in premiums for low-income families, older Americans, and those with pre-existing conditions.

As of this writing, the Senate is looking to release its bill by June 19, aiming for a full vote in the chamber just prior to the July 4th holiday recess. Many senators are hoping for a revised CBO score before they vote for the bill.

Fair Play Fair Pay Act

The AFM’s work toward a legislative solution to a performance right on AM/FM radio continues. H.R. 1836, the Fair Play Fair Pay Act, which was introduced by Congressman Jerrold Nadler (D-NY) and Marsha Blackburn (R-TN), is a key piece of legislation being spearheaded by the musicFIRST Coalition. First, the bill levels the playing field by having AM/FM radio stations pay performance royalties for music they air. Secondly, it provides real protection for small, local stations (AM/FM stations with annual revenues below $1 million) to pay just $500 a year. Public, college, and other noncommercial stations would pay only $100 a year. Religious radio, talk radio, and those stations with incidental use of music would not pay royalties. The bill also contains language that provides copyright protections for pre-1972 artists who currently do not receive royalties for their works.

The coalition is currently working with House Judiciary Chair Robert Goodlatte (R-VA) and Ranking Member John Conyers (D-MI) to bring the parties together. Nadler, Blackburn, and the musicFIRST Coalition continue to build support of cosponsors for the package. Despite broadcaster efforts to stop the bill, and thanks to the work of an ambitious team of legislative representatives, the bill continues to build bipartisan co-sponsorship.

More importantly, through musicFIRST, the AFM is working to help build a comprehensive music package that includes Copyright Office Reform and HR 1914, the PROMOTE Act offered by Representative Darrell Issa (R-CA), which would provide the right to copyright owners to prohibit the use of sound recordings by broadcasters, unless permission is granted by the copyright owner.

Legislative Update

The Power of Advocacy

Each year, the AFM joins its national partners to promote the power of music along with the effect it has on our communities. The months of March and April serve as key music advocacy months in Washington, DC. Along with the direct lobbying advanced at critical times by AFM President Ray Hair and me, hundreds of others converge on the nation’s capital each year to have their voices heard. Here is an overview of the annual national advocacy projects we engage.

Arts Advocacy Day

AFM Legislative-Political Director Alfonso Pollard (left) greets Representative John Lewis (D-GA) during Arts Advocacy Day.

In March, the AFM joined with more than 700 members of the labor and nonprofit communities to participate in the largest advocacy meeting of the year. Sponsored by Americans for the Arts, Arts Advocacy Day has become a national benchmark for the arts community. Each year, the week-long event is hosted by the AFM and more than 87 national arts partners across the US, from Arizona to Washington State and from Florida, north to Vermont. The event also boasts congressional support from co-chairs Representatives Louise Slaughter (D-NY) and Leonard Lance (R-NJ).

This year’s event centered on support for the National Endowment for the Arts, the National Endowment for Humanities, and the Corporation for Public Broadcasting. White House threats to shutdown the agencies resounded across the country giving national sponsors the impetus to come to Washington.

Beyond the Red Carpet

This successful event is an annual Federal government showcase that brings together scores of organizations that participate in the magical effects of television and film making. It is sponsored by the Motion Picture Association of America in cooperation with the Congressional Creative Rights Caucus co-chaired by Representatives Judy Chu (D-CA) and Doug Collins (R-GA). This year, the AFM booth was staffed by AFM Legislative-Political Director Alfonso Pollard, and AFM-RMA Representatives Gail Kruvand of Locals 47 (Los Angeles, CA) and 802 (New York City) and violinist Elizabeth Hedman of Locals 47 and 308 (Santa Barbara, CA) who performed selections from notable Hollywood film scores recorded by AFM-RMA sound-scoring musicians. The event hosted more than 500 guests, including 28 senators/representatives.

Violinist and AFM member Elizabeth Hedman with Stormtroopers.

Celebrating the Dean
of the New York Delegation

Representative Louise Slaughter was recently elevated to the position of Dean of the New York Delegation. As the Representative of the 25th Congressional District of New York, she has gained the trust and respect of the entire New York Congressional Delegation, which is one of the most powerful delegations in the US Congress. As Co-Chair of the Congressional Arts Caucus and Ranking Member of the House Rules Committee, Slaughter was elected to this

Representative Louise Slaughter (D-NY).

position after years of dedicated service to Congress.

A string of high-ranking Democrats attended a reception in honor of her accomplishments at the International Brotherhood of Electrical Workers headquarters in Washington, DC. Each honored Slaughter, one of the AFM’s strongest champions, as one of Congress’s best legislators. For years, she chaired the bi-partisan Congressional Arts Caucus whose 160 members, time and time again, have reached out to their colleagues in support of the arts and artists across the country. Democratic Leader Nancy Pelosi spoke along with Democratic Whip Steny Hoyer who each praised Slaughter for her years of service to our nation.

The musicFIRST Coalition

The musicFIRST Coalition comprises Sound Exchange, SAG-AFTRA, the AFM, the Recording Industry Association of America, American Association of Independent Music, Christian Music Trade Association, the Recording Academy, the Latin Recording Academy, the Music Managers Forum, Rhythm and Blues Foundation, the Society of Singers, and the Vocal Group. The Music First Coalition website describes the organization as follows: “The musicFIRST Coalition was founded by a broad spectrum of organizations representing musicians, recording artists, managers, music businesses, and performance right advocates. We’ve since then expanded our unanimous music industry support to include dozens of partner organizations and groups supporting a performance right. And of course, the fantastic community of musicians and recording artists.”

The group, which is comprised of some of the brightest legal minds in the copyright and intellectual property arenas, meets weekly to develop strategies relating to such important issues as performance rights, copyright reform, and other matters that relate to the advancement of musicians rights before Congress. High on the group’s agenda is the passage of the Fair Play Fair Pay Act, which provides a royalty for creators whose music is performed on AM/FM radio.

Federal Attacks
Legislative Update

Shedding Light on Federal Attacks on the American Working Family

If ever there was a time for workers, including musicians, to get engaged in the movement to protect jobs and benefits that promote healthy, secure workplaces and families, now is the time.

While many Americans have been distracted by the bevy of negative news reports focusing on political agendas, Congress has been busy introducing legislation that would unhinge the fundamental protections now in place for workers, leading to the loss of jobs, pensions, union security agreements, public school education, as well as workplace safety and security. These changes are focused on both the public and private sectors, relating to the work people in your communities do to provide basic services.

In the first two months of the 115th US Congress, legislation has been introduced that, if passed, would negatively change your way of life. Though much of this directly impacts this nation’s 2.1 million federal workers (confirmed in a February 9 Washington Times news article), the message it sends is that workers in both the public and private sectors are at risk of losing hard fought federal labor protections.

Federal AttacksLet’s start with our brothers and sisters in the public sector. The focus on federal agencies, hence their employees, has centered on union activity protected by law. First and foremost is the attack on “official time.” This is legal activity protected by law that allows union officials to perform legally sanctioned representational work while on the federal clock. HR 1364, the Official Time Reform Act of 2017, would limit the amount of time union volunteer officials take to perform representational work. It would also, in some cases, cut pension accrual for time spent doing that same union work while on the job, thereby making such volunteer work less attractive to union volunteers. The bill would have a chilling effect on union volunteer representatives who seek to protect worker’s rights on the job in the federal workplace.

Next, is the attack on the Environmental Protection Agency. This new legislation would eliminate health and safety regulations that effectively protect everyone in this country. An example is the Dakota Pipeline Project in which unregulated drilling would place rivers and other natural habitats in severe jeopardy, if the pipeline is damaged. This, of course, would result in catastrophic disaster that would never fully correct itself, not to mention the harm it would do to Native American territories that depend on a clean environment.

Attacks on Veterans Administration (VA) employees have taken a new turn. By refusing to recognize that poor management was at the center of the VA’s problems, HR 1259 attacks front-line workers and eliminates jobs that are necessary to guarantee the good health and safety of our veterans. If fewer veterans have access to care, where will they turn? 

AFL-CIO Legislative Representative Byron Charlton, a 30-year veteran of AFL-CIO policy issues relating to federal employees, sends a clear message to all in the labor movement: “To thyself be true.” If working people are displaced/laid off in large numbers, who will be there to support community organizations, local music festivals, the symphony, and student music and arts programs? When family budgets take a hit, people don’t go out and don’t spend money on entertainment nor arts education for their children.

So, why do federal employees matter so much to musicians? As workers, we are all in the same fight for survival. Musicians, like federal workers, steelworkers, teachers, boilermakers, telephone technicians, flight attendants, pilots, and railway and other transportation workers, are all subject to the effects of policies targeted at weakening job security. We must see ourselves as team players and come together to support each other’s causes. Sitting on the sidelines is not an option in this current legislative environment.

The famous Protestant priest Martin Niemöller made it clear in the 1930s when he pronounced this epic call to solidarity, which seems equally as appropriate today for the labor movement. In his post-World War II lectures he said: “First they came for the socialists, and I did not speak out—because I was not a socialist. Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist. Then they came for the Jews, and I did not speak out—because I was not a Jew. Then they came for me—and there was no one left to speak for me.” This begs the question, what will we do as trade unionists when our brothers and sisters in the movement are attacked simply because, as employees of the federal government, they can be? Our destinies as trade unionists are all intertwined.

Finally, the foundation of this attack on labor is rooted in the fundamental principle that unions are jaded and always operate in opposition to ultra-conservative principles. The legislation discussed here is but the tip of the iceberg for the 115th Congress. As discussed in my March IM article, the basic foundation of this anti-union animus is HR 785, the National Right to Work Act. As noted earlier, this bill prohibits union security agreements and is designed to give employers leverage to exploit workers by preventing them from forming and joining unions.

All these policies and more are making their way through the US Congress, while the American public’s attention is diverted by partisan political jousting. It is incumbent upon us to engage with our brothers and sisters in the movement so that other workers will be around when we need them. AFM local officers are engaged in state federation and central labor council actions designed to allow us to work together on these issues. We ask that you take a moment from your daily routine to support a public employee campaign. Bring a colleague and carry a sign. The workers you support will remember your commitment, and when the far right come after us (for example, cutting the National Endowment for the Arts, Corporation for Public Broadcasting, State Department cultural programs, etc.), they will be there to help.

Write your member of Congress in support of the National Endowment for the Arts. Go to the AFM website www.afm.org/2017/02/nea/. From this link you can send an email of support directly to your member of Congress. Then, tell a friend to do the same.

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

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.

Martin Luther King
Legislative Update, Officer Columns

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Net Neutrality
Legislative Update

What the Loss of Net Neutrality Means to Musicians and the Music Industry

On December 14, 2017, the Republican majority at the Federal Communication Commission (FCC), led by FCC Chair Ajit Pai, voted to repeal Obama Administration net neutrality regulations put in place in 2015. The three to two vote was divided along party lines, approving a Trump Administration plan to repeal Obama-era net neutrality protections. Those rules were intended to keep the Internet open and fair—in essence treating all traffic the same, halting Internet service providers (ISPs) from speeding up or slowing down Internet traffic from select websites and apps. It also prevented ISPs from charging additional fees for users to access content.

Prior to the December vote, some members of Congress and others in opposition to the FCC move asked the FCC not to force a vote now, but to withhold it. Complaints from some members of Congress have centered on a corrupted comment system that has revealed at least a million comments may have fraudulently used the names of real people. Also, the Commission has not held public hearings on the repeal and some 50,000 consumer complaints have been excluded from the public record, as noted in a letter to Chair Pai from Senator Maggie Hassan (D-NH). Further, Representative Ted Lieu (D-CA) expressed concern that many of the fake submissions on net neutrality were linked to Russian email addresses.

Likewise, several attorneys general have threatened to file suit, including the New York Attorney General who is working on a criminal complaint. It is suspected that members of Congress who disagree with the changes will introduce legislation designed to block the new rules.

Under the new regulations, companies would be able to block, slow, or provide fast lanes to any service they so choose. This flies in the face of a free and open Internet concept that would give consumers the choice to access the content they desire on a free and open platform. It would grant ISPs the overarching responsibility to determine what the consumer can and cannot see.

There are competing legislative proposals on this issue, including Representative Marsha Blackburn’s (R-TN) BROWSER Act, or HR 2520, the Balancing the Rights of Web Surfers Equally and Responsibly Act. These proposals would require companies such as AT&T, Facebook, and Google, to get user permission before selling their Internet browser history.

Aside from some of the fundamental changes by the Republican majority on the Pai Commission that give clear advantage to tech companies, the AFM rejects the FCC’s recent changes because of limitations these new rules can possibly place on the free flow of music audio and music opinion content.

AFM International Vice President and President of Local 99 (Portland, OR) Bruce Fife, summarizes net neutrality and its meaning to our industry this way: “The concept of net neutrality is simple. It means that Internet service providers must treat all data the same. They can’t speed it up for some, slow it down for others, or even worse, block access to websites altogether. They need to treat everyone the same, which in our business, creates a level playing field for musicians working to market themselves, their performances, and their recordings.”

Legislative Update

Post-Election 2016

Building a Movement Toward Unity, Arts and Entertainment Unions Assess the Road Forward Under New Administration and Congress

In a broadcast email message to AFM members November 14, 2016, AFM International President Raymond M. Hair, Jr. put it succinctly, “… I am proud of our union’s efforts to elect national, state, and local representatives who are responsive to musicians’ issues such as performance rights, copyright reform, arts funding and advocacy, retirement security, and the offshoring of our jobs.” For the AFM International Executive Board, AFM locals, and the AFM Office of Government Relations, these issues have driven our congressional agenda for many years and will remain the AFM’s core legislative issues.

In an election filled with hope and starkly different ideological expectations for supporters of both presidential candidates, Republican Donald J. Trump emerged as the victor of the 2016 presidential race. Despite tough rhetoric from both sides during a long and hard-fought campaign, Trump managed to emerge on election night with 290 Electoral College votes vs. 232 Electoral College votes for Democrat Hillary Rodham Clinton. Though Secretary Clinton won the popular vote, it is the Electoral College that determines presidential winners and losers. It is important to note that, on December 19, 2016, the electors meet in their state to vote for president and vice president on separate ballots.

From the AFM’s perspective, I am happy to report that, thanks in part to many of you who consistently contributed to TEMPO and to those of you who worked persuasion and GOTV efforts in your respective communities, our records show that all of our congressional democratic and republican champions (TEMPO recipients) in Washington, DC, were re-elected. This is important because the foundation they helped us lay will remain in place, despite the need to build new relationships in President-Elect Trump’s White House.

For arts and entertainment unions and national arts organizations, the question is how do we move forward to continue building a movement that establishes a firm foundation for artists, particularly if our most reliable federal institutions come under fire? The answer is: continuous, growing, organized engagement. Over the years, and prior to the 2016 election, AFM locals have successfully engaged federal, state, and municipal legislators on issues that are priorities in their jurisdictions. That includes federal, state, and local legislative battles on film scoring, CITES, arts funding, organizing, and myriad other issues that impact the livelihoods of the musicians they represent.

The AFM Office of Government Relations will continue to meet with AFL-CIO affiliates and national arts organizations committed to legislative engagement in order to build on those efforts and create an internal movement that magnifies our voice in Washington, DC, at the State House, and on local government councils and boards. Our success is due to member participation and, over the years, the numbers of AFM musicians engaging these important issues has grown. To help build this movement, we have engaged 225 of our TEMPO Signature members on the issues. Their influence has helped grow this movement. In addition, we have successfully used the power of technology and social media to bring our message directly to our members.

Under a republican led congress and executive branch, organized labor has a number of issues for which we must remain vigilant. In arts and entertainment, we are concerned about renewed attacks on federal arts appropriations programs, including the National Endowment for the Arts, the National Endowment for the Humanities, the Smithsonian Institution, and museum services across the country. Of critical concern also is the offshoring of AFM jobs, as well as economic justice for creators whose music is performed on AM/FM radio without a performance right.

Further, we seek growth in federal funding for arts-in-education and for the national expansion of STEAM education. Additional concerns include the right to organize, collective bargaining, civil and human rights, healthcare reform, pension reform, support for the National Labor Relations Board, the continuation of Davis-Bacon projects and contract labor agreements, as well as preservation of collective bargaining rights for private sector and public workers, particularly those working in federal, state, and municipal sectors. Copyright reform, along with the reintroduction and passage of the Fair Pay Fair Play Act, remains a priority for the AFM to help ensure performance rights for creators whose works are performed on AM/FM terrestrial radio.

But, what about the depth of change after the election? What is the real extent of government reorganization? In addition to the presidential race, Republicans also did well “down-ballot,” acquiring gains in both the US House of Representatives and in the US Senate. The 115th Congress will begin in January 2017 with 238 Republicans and 193 Democrats, while in the Senate Republicans hold a 51-2-46 margin over Democrats. This includes two Independent members Angus King of Maine and Bernie Sanders of Vermont, who typically vote democratic.

Republicans also made gains in governor races across the country. Gubernatorial races were held in 12 states and two territories. They include American Samoa, Delaware, Indiana, Missouri, Montana, New Hampshire, North Carolina, North Dakota, Oregon, Puerto Rico, Utah, Vermont, Washington, and West Virginia. There were three GOP pickups in Missouri, New Hampshire, and Vermont. Three holds in Indiana, North Dakota, and Utah. There were five democratic holds in Delaware, Montana, Oregon, Washington, and West Virginia. At this writing, North Carolina is still undetermined and Louisiana is still in a runoff set for December 10.

For AFM members, many issues in the US Capitol and in state houses across the country will have a direct impact on our ability to drive our artistic and employment agendas. The union has already begun a solid government-centric organizing program in which we invite all of you to participate. We will need your help at every level over the next four years and look forward to you helping us engage legislators on all the issues that keep the arts an integral part of our communities. I look forward to working with each of you. If you have questions about how you can help, please contact me apollard@afm.org or our TEMPO coordinator Sande Grier at sgrier@afm.org. Thank you for your commitment to our union.

Legislative Update

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

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

What Is CITES?

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

What Is CoP17?

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

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

What Is Resolution Conf. 16.8?

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

Significance to Musicians

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

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

Benefit of Union Membership

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

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

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

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

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

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

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

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

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

Legislative Update

Convention Delegates Renew Commitment to Legislative and Political Action

The 100th AFM Convention became the forum for our delegates to organize around legislative and political issues that impact the lives of professional musicians. Delegates to the Convention stepped up in very real, tangible ways, committed to support our goal to keep government focused on the honest treatment of musicians impacted by legislation and regulations that might be harmful, if not kept in check.

Not enough praise can be bestowed upon Congressman Bennie Thompson (D-MS), ranking member of the House Homeland Security Committee. The congressman took time on Father’s Day, June 19, to travel to Las Vegas from Mississippi to engage the delegates. He addressed our ongoing immigration battle over delays in P-2 and O-1 visas, filling the delegates in on the work he and his staff are doing with the AFM Office of Government Relations to address this complex issue.

Prior to his appearance at the Convention gala, the congressman met with AFM President Ray Hair and AFM staff to lay the groundwork for congressional action. Thompson was true to his word about resolving this issue as evidenced by ongoing meetings with his congressional staff and exchanges with US Citizenship and Immigration Services (USCIS) administrators.

(L to R) AFM Legislative-Political Director and Diversity Director Alfonso Pollard, Congressman Bennie Thompson, and AFM President Ray Hair.

(L to R) AFM Legislative-Political Director and Diversity Director Alfonso Pollard, Congressman Bennie Thompson, and AFM President Ray Hair.

It should be noted that resolution of this matter will be “a process,” not a quick fix, as his staff establishes a path toward a permanent solution. In his comments to the delegates and to the congressman, AFM President Ray Hair noted, “The AFM has no greater champion on the issue of repairing the broken P-2 visa process than Congressman Bennie Thompson. My long-term relationship with him and my family over decades underscores the fact that he is a man of means and great integrity. Congressman Thompson is very knowledgeable about, and has a wonderful appreciation for, music and the arts, as well as a heart of gold as relates to the plight of professional musicians struggling to earn a living. We welcome a man of his stature and superlative character into our house and pledge to do all within our power to assist him in his endeavor toward a resolution of this difficult issue.” 

A discussion also took place over the importance of locals getting behind HR 1733, the Fair Play Fair Pay Act. Convention delegates were treated to a remarkably lucid presentation by SoundExchange President and CEO Mike Huppe. An independent nonprofit collective management organization,
SoundExchange collects and distributes digital performance royalties to featured artists and copyright holders. Huppe was able to clearly outline the nexus between the importance of a solid royalty stream to artists and the passage of the act. HR 1733 will provide a permanent royalty stream for current day musicians whose sound recordings are performed on AM/FM radio, as well as provide copyright law protection for artists who performed on pre-1972 recordings.

On the political front, special appreciation goes out to the AFM convention delegates, all of whom showed exceptional leadership by joining the AFM Signature TEMPO Campaign. This vital leadership campaign was developed as a platform for AFM officers and members to more actively engage in our legislative-political work. Signature Members participate in group conference calls discussing long- and short-range plans to create a stronger national legislative political base throughout the union. In addition to participation on strategic calls, Signature Members receive special TEMPO marketing tools, along with a monthly copy of The Atlantic Magazine to share with members.

We also thank AFM International Representatives and AFM TEMPO Coordinator Sandra Grier in Washington, DC, for the work they do promoting this special campaign. Convention membership increased exponentially due to their diligent monthly promotion of the campaign. Again, this is not just a fundraising drive but a strategic effort to boost AFM member participation in government affairs.

This year, convention delegates participated in the first AFM TEMPO sweepstakes. It replaced the AFM Convention raffle, giving all participants a chance at winning the grand prize. Winner of the sweepstakes piano was Local 34-627 President Don (Warner) Warmbrodt. Congratulations, Don!

Five TEMPO Achievement Service Awards went to locals that meritoriously participated in TEMPO fundraising over a three-year period between the 2013 and 2016 conventions. AFM Local 257 (Nashville, TN), led by President Dave Pomeroy, had the fifth highest level of contributions. AFM Local 9-535 (Boston, MA), led by President Pat Hollenbeck, achieved the fourth highest level of contributions. Local 47, led by President John Acosta, achieved the third highest level of contributions. AFM Local 161-710 (Washington, DC), led by President Edgardo Malaga, achieved the second highest level of contributions. The highest award went to AFM Local 6 (San Francisco, CA), led by President David Schoenbrun. We congratulate the outstanding work of these locals as we work to find ways to successfully integrate all AFM Locals into the TEMPO program.

New USFWS Rules on African Elephant Ivory

On July 6, 2016, the US Fish and Wildlife Service (USFWS) placed new rules in effect regarding the African elephant ivory ban that includes positive language for musical instruments. After more than a year, working in cooperation with our national ivory partners (League of American Orchestras, The Recording Academy, Chamber Music, American Federation of Violin and Bow Makers, National Association of Music Merchants, and Performing Arts Alliance) we finally accomplished regulatory language that provides a level of comfort for musicians who own musical instruments with de minimis amounts (200g or less) of banned African elephant ivory, particularly musicians who wish to buy, sell, or otherwise trade instruments with de minimis amounts of banned ivory. Helpful new guidance from USFWS in the form of frequently asked questions is found on the website: www.fws.gov/international/travel-and-trade/ivory-ban-questions-and-answers.html, appropriately titled, “What Can I Do with My Ivory.” A more extensive review of these new rules and the AFM’s ongoing efforts to “do no harm” to professional musicians in every musical genre will be posted in the September International Musician.  For additional information contact Alfonso Pollard at apollard@afm.org.

Legislative Update

Performers Hit Capitol Hill in Support of Performance Rights

The introduction in US Congress of H.R. 1733, the Fair Play Fair Pay Act of 2015, by Representatives Jerrold Nadler and Marsha Blackburn established a new benchmark in the protection of rights for creators whose sound recordings are performed on AM/FM terrestrial radio without a performance right. As a member of the musicFIRST Coalition, the AFM worked tirelessly with nationally recognized performance rights organizations to help ensure the introduction and passage of this legislation. 

Thousands of artists, including AFM featured artists and backup musicians, will reap the benefit of this legislation, as will performers on pre-1972 recordings that were not protected under copyright. Thus far, the Fair Play Fair Pay Act has the support of such luminaries as Elton John of Local 47 (Los Angeles, CA), REM of Local 148-462 (Atlanta, GA), Chuck D., Annie Lennox, Imogen Heap, tUnE-yArDs and Sheila E. of Local 47, as well as thousands of artists and fans around the world.

On behalf of the AFM, International Executive Board member and Local 257 (Nashville, TN) President Dave Pomeroy addresses a press conference hosted by Representatives Jerrold Nadler and Marsha Blackburn in support of the Fair Play Fair Pay Act.

On behalf of the AFM, International Executive Board member and Local 257 (Nashville, TN) President Dave Pomeroy addresses a press conference hosted by Representatives Jerrold Nadler and Marsha Blackburn in support of the Fair Play Fair Pay Act.

On May 11, social media was ablaze from outreach by musicFIRST and the AFM to the creative community. More than 40 artists flew in to the nation’s capital to advocate their support of this vital piece of legislation before members of Congress. The group broke into teams visiting almost 50 congressional offices. Some of the industry’s leading featured and session musicians came, including T Bone Burnett of Local 47, AFM International Executive Board member and
Local 257 (Nashville, TN) President Dave Pomeroy, Rosanne Cash and Tom Malone of Local 802 (New York City), Patrick Lamb of Local 99 (Portland, OR), Bruce Bouton and Rodney Crowell of Local 257, and Nona Hendryx. Each brought their own unique perspective representing more than 300 years of combined experience in the music industry. 

Representatives Nadler and Blackburn hosted a press event and led the press conference. We were fortunate to also have House Judiciary Ranking Member Representative John Conyers, the “Dean” of the House of Representatives, along with Representative Darrell Issa on hand to support the event. Issa is the chair of the House of Representatives Judiciary Subcommittee on Courts, Intellectual Property, and the Internet. As chair, his support will go a long way toward passage of the bill when Congress takes up copyright reform next year. 

After a full day of lobbying, musicFIRST presented the Americana Music Association’s annual awards nominees announcement ceremony at “The Mansion” on O Street, honoring rising recording artists from across the country.

Support of this bill is critical to our members who create new music and look forward to their product supporting their careers. We are extremely happy to have this legislation in place to help AFM members. We encourage each of our members to write their members of Congress and voice their support for this legislation and to thank those AFM members and leaders who have worked to have resolutions introduced in their local jurisdictions. As AFM President Ray Hair continues to note: “Together we are stronger.”