Tag Archives: music business

Strategies for Effective Negotiating Teams

August 18, 2015 IM

by Barbara Owens, AFM International Representative Midwest Territory, and Negotiator

Being part of a negotiating team is time-consuming, challenging, exhausting, and rewarding. When the interpersonal dynamics work (both on our side and on management’s), the energy created as the team begins to reach agreement can be a tremendous catalyst for bringing the negotiations to completion.

A negotiating team is made up of diverse individuals coming together with the common goal of negotiating an agreement. It’s the responsibility of the group, and its leader(s), to bring out the best in each team member. In the orchestra world, we are already used to being a part of the group in our “day job” (playing in the orchestra), so it is familiar energy to be working within the group setting. Just as musicians each have a unique way of articulating a musical phrase, each negotiating team member has a unique way of expressing themselves. By listening and employing nonjudgmental feedback, we can use our familiarity with our colleagues to our advantage, even if we do not agree with them all the time.

Every team member brings unique strengths to the table. If you are a team leader—committee chair, sub-committee expert, or union leader—you have an additional opportunity to manage the strengths of individual team members and create an environment that supports effective communication and problem solving.

Listening is a critical part of what we do as musicians and also what we do as negotiating team members. In negotiations, people hearing the same information will often have different interpretations and memory retention. If you played the “telephone game” as a child, you will remember the confusion when the story was passed from one person to another, and then finally revealed at the end. Not only was the final story often completely different than the initial telling, but frequently, there were forgotten or even new details.

Your mind and imagination have a tendency to fill in the gaps when you hear information that is not clearly understood. It is critical that your team clarify every confusing detail in real-time, as the negotiations move along, both internally and with management, if necessary. Saving questions for late in the negotiations causes confusion, and may erode any goodwill that has been established between musicians and management.

Ultimately, an agreement is achieved through successful teamwork on both sides and across the table. Although we may naturally revert to our traditional musician/management roles at the conclusion of the negotiations, the lessons we learn from negotiation teamwork can establish a framework of effective communication and cooperation for the life of the agreement.

Music Business, Resources

Promoting Your Orchestra Using the New Integrated Media Agreement

August 13, 2015 IM

by Deborah Newmark, Director, Symphonic Electronic Media

To familiarize the 70-plus orchestras now working under the new Integrated Media Agreement (IMA), and for those that may work under the agreement in the future, it is helpful to examine some of the provisions that are designed to assist orchestras in promoting themselves and building audiences into the future. The IMA negotiations were a hard-fought battle against forces that believe that everything we do can be described as promotion, and should therefore be free. We succeeded in fending off this attack, but ultimately agreed to allow for some expansion of the promotional opportunities, while maintaining the upfront payments and revenue sharing that are key components of the majority of the agreement.

To be a signatory to the IMA, an orchestra must have a collective bargaining agreement with their local, a permanent roster, and an orchestra committee. The 70-plus eligible orchestras signed to the new IMA will be able to take advantage of these new, expanded provisions. There are 50-plus orchestras still working under the older IMA and they will continue to use the news and promotional provisions under the older agreement.

The promotional language in the new IMA (2015-2017) is divided into subsections: Use of Captured Material for Promotion; Promotion via Performance Streaming; Volunteer Promotional Recordings; and Gifts to Donors, Corporate Sponsors, and Subscribers.

Footage for these promotional pieces will be captured at live services (rehearsals or performances). The one exception to this form of capture is the volunteer promotional recording provision (discussed later in this article). There are time limits on the amount of capture and use for all promotional pieces.

From Capture to Finished Promo

The new provisions make it possible for orchestras to greatly expand their time and presence on social media. Typical uses would be the institution’s Facebook and YouTube pages, as well as other social media sites. It also covers use in cell phones or wireless transmission, streaming e-mails (perhaps to subscribers), podcasts, and use in kiosks or monitors in promotional locations. The material can also be used by institutional sponsors or partners for their websites, as long as the material isn’t being sold.

The agreement also provides an opportunity to stream a performance that was free to the public for 45 days in order to expand the institution’s community outreach. In addition, there is a new provision that (with orchestra approval) allows for one concert that was not free to the public to be streamed for the same 45-day period.

Volunteer Promotional Recordings

Lengthy discussions took place at the IMA negotiations over the issue of the employers’ and potentially the musicians’ interest in being able to participate in audio or audiovisual interviews and activities that, in addition to talking, include individual demonstrations on their instruments for promotion. An example of this type of promotion might be an employer’s interest in featuring a new player in the orchestra, or asking a player to demonstrate an excerpt of a piece from an upcoming concert.

Our negotiating committee felt that the only fair way to do this was to make it voluntary for the interested musicians, plus create rules that had to be followed to ensure consistent application of this new provision. Musicians can accept or decline the offer without affecting their status in the orchestra. These recorded interviews cannot be used in any kind of disciplinary procedure. The recording can be done at a time and place chosen by the volunteer musician. Recording time is limited to 45 minutes and the final product can be no longer than 15 minutes. It is available for two years from the date of posting. Musicians that participate have approval over the repertoire and have final say in whether or not the product gets used.

This new provision is designed to create some order in what was previously a chaotic approach to these types of projects. As it is a new provision, the AFM will be collecting information about these projects along the way to evaluate how well it is working.

Gifts to Donors, Corporate Sponsors, and Subscribers

In the past, the Federation has assisted individual orchestras that wanted to make a gift of a CD to their donors during major fundraising campaigns. Special agreements were created by the AFM and approved by the musicians of each institution. These agreements allowed for the creation of a CD to bring in needed dollars to the orchestra as part of a major fundraising drive. In an effort to codify an existing practice, the AFM agreed to include such provisions in the agreement.

There are now two donor paths that an orchestra must choose between to create one project per season. The first path allows for the creation of a CD, DVD, audio download, or AV download to be distributed to donors as a gift. There are minimum donation requirements and limits on the number of copies. This product can’t be sold or broadcast.

The second path an orchestra can choose is to create a donor portal on the orchestra’s website (or a third party website, if the orchestra doesn’t have the ability to host the portal on its own site). Once again, there are minimum levels that must be met by donors and limits on the amount of music that can be posted. Access to the portal must be password protected or otherwise restricted. The material will be available for on-demand streaming—no downloads. The orchestra committee has artistic and project approval for either path. There is also a new provision that allows the possibility of providing a CD or DVD gift to a major corporate sponsor or underwriter up to one time per year (with Federation approval).

The final promotional category covers the release of product for subscribers or multi-ticket buyers. This is an opportunity to provide them with a taste of what a donor gets as a possible enticement to move them up to the donor level. Up to two times per year, the employer can provide them with a free download (or another perk like a maximum two-week period of access to a donor portal) in connection with a targeted marketing program specifically approved by the Orchestra Committee. There are time limits for the product posted.

Time will tell if signatory institutions take advantage of these wide-ranging opportunities to promote themselves. The resulting reported activity will inform the discussion when the time comes to bargain the successor IMA.

Music Business, Resources

Discretionary Overscale and Parity for Subs and Extras in the Symphony Orchestra

August 10, 2015 IM

by Rochelle Skolnick, AFM Symphonic Services Division Counsel, Schuchat, Cook & Werner

Under the Bus, On a Pedestal, or Business as Usual?

Fairness and justice are hallmarks of unionism. Unions have fostered the concept of equal pay for equal work: the expectation that the person standing next to you on the assembly line, or sitting next to you on the stage, receives the same rate of pay. So it is uncomfortable, but also important, to examine two ways in which our industry fails to live up to that ideal: “discretionary” individual overscale and compensation for subs and extras.

Ask any savvy elder statesman of the business and he will tell you the practice of individually-negotiated overscale predates the start of his career. But commonplace as it was and still is, such individual overscale exists in a shadow realm, separate from scale wages and collectively-negotiated overscale percentages for titled players. These latter amounts are visible for all to see on the face of the collective bargaining agreement (CBA) and, like compensation for doubling, are tied to the expectation that individuals who hold certain positions bear additional responsibility and should be compensated accordingly.

Discretionary overscale, on the other hand, is generally kept confidential and a musician’s ability to obtain it depends on a range of factors including the musician’s rapport with those holding the purse strings, his or her perceived value to the institution, and negotiation skill. The League of American Orchestras’ Antitrust Policy prohibits managements from sharing with one another specifics of individually negotiated overscale payments (although it does provide for sharing of aggregate data) as a form of collusive price-fixing. Musicians themselves are often reluctant to share specifics for fear of compromising the confidential relationships that yielded the deal. Such secrecy, whether enforced or simply cultural, stands in stark contrast to well-established labor law protections for employees to discuss with one another their terms and conditions of employment—wages in particular—as a necessary predicate to collective action.

At the other extreme from those whose individual bargaining power opens the door to discretionary overscale, are subs and extra musicians who depend entirely (with rare exceptions) on the collectively-negotiated wage scales. Subs and extras have always been indispensable to the American symphony orchestra, but when employers propose cutting or leaving core positions unfilled to save money, the ability to attract and retain first quality subs and extras becomes critical. These musicians have trained in the same conservatories as “regular” players, sit side by side with them, play the same works led by the same conductors, and perform for the same audiences. While they are often (but far from always) compensated at a per-service rate that is intended to approximate the service rate of salaried musicians (and often receive pension), subs and extras have no real job security nor (with rare exceptions) access to the other benefits (e.g., health, disability, and instrument insurance and paid sick leave) that regular musicians enjoy. Under these circumstances, focusing solely on service rate tells only part of the story. Complete parity is illusory so long as these musicians are anything other than regular contracted musicians.

In general, there is nothing unlawful about either individual overscale or a lack of parity for subs and extras. Where a union has been designated as the exclusive bargaining representative of employees (as is the case in all of our AFM-represented orchestras), the employer must deal with the union regarding the employees’ terms and conditions of employment. Because the law recognizes the great potential for mischief and divisiveness when employers bypass the union to deal directly with employees, the employer must have the express permission of the union to do so. In our industry, we have consistently granted such permission, although our contracts do sometimes limit individual bargaining, and in any case, such individually bargained terms may not be less favorable than the collectively bargained ones.

Nor does a union’s duty of fair representation (DFR), taken on when it becomes the exclusive bargaining representative, require it to bargain precisely the same compensation for each and every bargaining unit employee, regardless of facts and circumstances. Whether or not a given CBA specifically includes them in its definition of the bargaining unit, subs and extras perform bargaining unit work and are therefore bargaining unit employees, entitled to fair representation by the union as a legal matter.

The DFR requires only that a union exercise good faith in the performance of its representational duties and not act in a manner that is arbitrary or discriminatory. It does not preclude a union from bargaining different terms and conditions for different groups or classifications of employees, so long as the union acts reasonably in doing so. Nor is a union required by law to afford a contract ratification vote to every musician who may work a single service under an agreement; CBA ratification is an internal union matter and a union may set reasonable parameters when determining eligibility to ratify.

However, “not unlawful” is not always the same as “wise.” Adverse consequences abound. All too often in bargaining an employer walls off substantial funds for discretionary overscale, separating them from the “pie” available for across-the-board wage increases, but considering overscale a musician salary expense all the same. As discretionary overscale payments become more substantial and commonplace throughout a bargaining unit, bargaining for scale wages that takes place between the employer and the union remains meaningful only to the few who cannot or will not negotiate their own special deal. When subs and extras are essential (as they always are) to musical excellence, an employer (and bargaining team) that fails to safeguard their compensation does so at its own peril.

It seems to me that our industry has not fully reconciled the artistic individualism that makes for fine, exciting performances with the collective consciousness that makes for well-organized, well-compensated orchestras. Employers who see the union and musicians’ collective as the adversary are only too happy to exploit that tension. I am a pragmatist: I harbor no illusion that the symphony orchestra will ever become a Utopian ideal of fairness, doing away altogether with compensation irregularities. But pragmatism also requires that we regularly take stock of the sources of and threats to our bargaining power. Where it is within our control as musicians, we must ensure that industry practices with such destructive potential, no matter how deeply embedded in our history, are not allowed to subsume the collective strength

Music Business, Resources

Having Musicians on the Boards of Directors May Not be a Good Idea

August 7, 2015 IM

Steve Mosher

Bernard LeBlanc

by Steve Mosher, Associate Director, Symphonic Services AFM Canada, and Bernard LeBlanc, Director, Symphonic Services AFM Canada

A quick look at the 2014 OCSM Wage Chart indicates that 17 of 20 Organization of Canadian Symphony Musicians (OCSM/OMOSC) orchestras have at least one representative to their boards of directors. One orchestra has four representatives, and six orchestras have full voting responsibilities. The time that we’ve spent on this topic is reminiscent of the discussions we’ve had about whether musicians and other workers in the arts in Canada should be considered employees or self-employed. While there’s still no definitive ruling on the employee versus self-employed question, there is news on the matter of musicians on boards of directors.

The point here is not to argue the pros and cons of musician involvement with our boards. There are several articles in the archives of the AFM, the player conferences, and the Symphony Orchestra Institute that deal with this issue. The discussion was rekindled in November 2013, when Orchestras Canada received an opinion letter from a law firm regarding the remuneration of directors, with reference to changes in the Canada Not-for-profit Corporations Act. There are a few such opinions available on the web at sites like Canadian Charity Law. The Ontario Ministry of the Attorney General website offers the following:

“Generally a charity cannot pay a director to act in the capacity of a director. Also, a director cannot be paid for services provided in any other capacity, unless permitted by a court order. In appropriate circumstances, payment for services other than as a director may be allowed by court order or by an order made under section 13 of the Charities Accounting Act, where it is in the charity’s best interest to do so.”

(NOTE: Registered charities are often referred to as not-for-profit organizations. However, while both types of organizations operate on a not-for-profit basis, they are defined differently under the Income Tax Act. The terms “charity” and “not-for-profit” are interchangeable for the purposes of this article, since the same rules apply to both.)

The Ontario Ministry of the Attorney General further addresses the duty to avoid conflict of interest: “Directors and trustees should avoid conflicts of interest. A conflict of interest arises when a director or trustee has a personal interest in the result of a decision made by the charity.” Katherine Carleton of Orchestras Canada shared their opinion letter with the delegates at the 2014 OCSM/OMOSC Conference and it gets more to the point, “In general, if an orchestra is a charity, then any musicians who are paid directly or indirectly by an orchestra cannot sit on the board of that orchestra as a director, regardless of whether the board seat is voting or nonvoting.”

There are always wrinkles to legislation, and there is no absolute rule that covers every situation. The Canada Not-for-Profit Corporations Act applies in provinces that follow common law. A provincial court can state that a common law rule does not apply in that province. In the case of Quebec, there appears to be no restriction on board participation by employees in not-for-profit organizations, since it is the only province in Canada that follows civil law, not common law. There is one orchestra in Quebec that has taken over its board, installing musicians. They feel that this is the only way to keep the orchestra afloat and it seems to be working, at least in the short term.

But Michel Nadeau, general director of The Institute of Governance of Private and Public Organizations (IGOPP) in Montreal, is clear: musicians should not be members of boards of directors, no matter as voting member or not. He explains that decisions taken by all board members are for the long-term viability and well-being of the organization; these decisions might be against musicians’ interests and would put the musician in a difficult position facing his peers. He adds that annual activity reports from the executive director or the board to the musicians should be a priority of management to maintain good working relations and should be sufficient information from the board.

The Toronto Symphony Orchestra deals with musician representation in Article 27.7 of their collective agreement, as follows: “On an annual basis, two members of the orchestra shall be selected by the Orchestra Committee, with the approval of the members of the orchestra, to attend regular meetings of the board of directors, as permitted by the board of directors. To be clear, orchestra members are not members of the board of directors and, as such, do not have any voting or decision-making power.”

For Canadian orchestras, musician participation on boards of directors needs to end. We want to ensure that our orchestras comply with the Canada Not-for-Profit Corporations Act. At various times in the past, the AFM and OCSM have had voting representatives (or ex-officio status—also no longer allowed) to the Orchestras Canada Board of Directors. Orchestras Canada is in the process of changing their bylaws to ensure that they invite guests “fundamentally vital to our operations” so that the AFM and OCSM have voice in an informal arrangement. The same can apply to our orchestras.

There are alternatives to full participation on your orchestra’s board. Musicians should be allowed to attend board meetings as guests, with the right to speak. Musicians should also be welcome to sit on committees and advisory boards, since musicians are directly affected by the decisions made at those meetings. It’s one thing to have a voice in meetings but, according to the rules, a vote at the board is a clear conflict of interest. The message that we understand from the documents available to us is that directors cannot receive salaries, stipends, grants, honorariums, or consulting fees from a charity. The only way you can sit on the board is if you’re playing in the orchestra for free. Or you can seek a court order, but both options are rather extreme.

Employee or self-employed? We’ve probably passed the 50th anniversary of that debate, and for those of us who want to keep it going, it’s still alive. There might still be some life in the board discussion as well, but at least we now have clear parameters to guide the conversation.

Music Business

5 Things You Didn’t Know About Performance Licensing

July 27, 2015 IM

by Frank Gulino, Berenzweig Leonard, LLP and member of Local 161-710 (Washington, DC)

Whether you write music or operate a venue that features live performances, licensing impacts your business and livelihood. For composers and songwriters, licensing revenue provides an important source of income that enables them to keep doing what they do best. For bar and restaurant proprietors, providing live entertainment can help draw a broader audience, give the regulars a reason to stick around and buy that next drink, and generally improves the ambiance, adding value to the customer experience. By observing licensing requirements and presenting only appropriately licensed performances, we can ensure that composers and songwriters are able to keep turning out hits and also that venues are able to keep showcasing exceptional music played by talented bands. Given the broad reach and importance of licensing, there are a few key things critical to understand, no matter which side of the industry you’re coming from.

5 Things You Didn’t Know About Performance Licensing

1) The venue, not the performer, is responsible for securing licenses. It may seem counterintuitive that the venue is responsible for licensing a performance, rather than the musicians who are actually performing. The logic is that the venue is the party who ultimately derives the benefit from live performances. For example, a bar with a pleasant atmosphere that includes live music frequently charges a cover, and also sees the additional financial benefits of drawing more customers and being able to charge more for food and drinks than they would without live entertainment. As a result, the liability for unlicensed performances falls squarely on the venue.

2) What kind of venues need licenses? Any venue presenting live performances or playing nonbroadcast recordings needs a license! There are more than 100 different kinds of businesses that need to license music—bars, restaurants, hotels, shopping centers, museums, cruise ships, airlines, orchestras, and many more.

3) Performance licenses are required whether music is live or played from a recording. Radio and television don’t count, as long as you’re not charging a cover just for having the radio on, but playing a CD, record, or digital recording over the speaker system at your restaurant or retail store to liven up the atmosphere, or on an airplane to entertain passengers in flight, definitely requires a performance license.

4) If you place a caller on hold and play music over the phone, you need a license. Even hold music counts as a performance, believe it or not.

5) The rights to perform, record, physically copy, or use music in a film or commercial are licensed separately. Don’t assume that, if you have permission to do one, you have permission to do them all! Also, because those rights are not necessarily all held by the same party, you might have to do some legwork to secure all of those different permissions—but that’s another article.

So what can you do about it? The performing rights organizations in the North America—ASCAP, BMI, and SESAC (in the US), and SOCAN (in Canada)—are responsible for collecting licensing fees and distributing royalties for roughly 20 million different songs. Each organization offers blanket licenses that your business can purchase for a flat annual fee in order to have unlimited access to the largest repertories of music in the world. The songwriters get paid and the business owners get the right to use all the great music that’s out there. In the licensing game, everybody wins as long as you know the rules.

Frank Gulino (@GulinoFrank) is a composer, trombonist, Local 161-710 (Washington, DC) member, and business attorney living in the Washington, DC, area. As a composer, his works have been commissioned, recorded, and performed by some of the world’s foremost brass soloists, chamber groups, and symphony musicians at venues such as the Kennedy Center, the US Capitol, and conservatories and universities around the world. As an attorney, Gulino practices in the Entertainment, Sports and Media Law group at Berenzweig Leonard, LLP, in Tysons Corner, Virginia. He is an artist/clinician for the Edwards Instrument Company and performs exclusively on Edwards trombones.

9 Tips for Success as an Endorsing Artist

June 26, 2015 IM

by John Wittmann, Manager of Artist Relations and Education, Band & Orchestral Division, Yamaha Corporation of America

Musicians performing at all levels consider acquiring endorsements at some point in their career. Some play with the idea; others move on it. Ultimately, it is the reasoning or motive behind one’s actions that determines success as an endorsing artist.

From the manufacturer’s point of view, endorsements are designed to help promote the credibility of a company’s instruments or accessories. They also exist to give the appropriate support to established artists and to help the company sell more instruments.

Ask Why

When someone tells me they want to endorse our instruments, I listen without interrupting until they are completely finished with their pitch. Then, after a long pause, I look them in the eye and say one word, which is one of the most empowering words in our language. I simply say “Why?”

The artist’s response will ensure or quell any interest on my behalf. If they continue talking about how good they are, or how close they are to signing that big record deal, or how we would be crazy not to sign them, then I invite them to send a package and end the conversation as quickly and politely as possible.

If, on the other hand, the artist tells me that they love our instruments, have found complete freedom in musical expression playing them, and indicate that they will continue playing them whether we sign that artist or not, I continue to listen.

Be Professional

It still amazes me to this day that musicians will apply to several manufactures at the same time. Consider the lack of credibility involved here. What does this say about their musical decisions? What they are really saying is that it doesn’t matter, musically, what instrument they play and that they are just looking to find the company which will give them more.

I know I speak for all musical instrument manufacturers when I say “get a clue.” If you want to be taken seriously in the big leagues, act like a professional, make a musical decision, and stay with it. If you want to be considered for a corporate, musical, and personal relationship through an endorsement, consider the following:

9 Tips for Success as an Endorsing Artist

Cast a clear vision for yourself: know who you are; determine your own sound; devote yourself to music … the songs, the group, the sound, your students, and your career. When you are making a living playing music and have something to offer others, then move on to number two.
Ask yourself why. Why are you asking for an endorsement? What are you willing to offer? What do you bring to the table that would matter? What attributes do you have as a person and an artist that would make you invaluable to a company?
Do you have an established career in music? This is a yes or no question. Be realistic, as this is the real world. Some guidelines: How many thousands or tens-of-thousands of recordings were sold last year with your name listed as the main artist? Are you currently on a major tour? How long have you been in your current band or symphony? Of what college or university are you a faculty member? If you are still in college, stay focused on your music and forget about endorsements.
In order to merit clinic support, you must be a great clinician. A great player is not necessarily a great teacher or clinician. This is an important point. Before you ask for clinic support, have 100 clinics under your belt and make sure that belt is a black belt in the art of teaching. It is important to the manufacturers that someone who calls themselves a clinician is indeed artful and effective at this work.
Make yourself an expert on the company that manufactures the instrument you play. You should know its history, philosophy, current artist roster, and position in the market. If you want to be an endorsing representative of a company, you simply must know and respect who you would be representing before you approach them. Study the company’s website and determine how it represents its artists. Do you fit in with its roster?
Establish rapport. Introduce yourself at trade shows to the company’s staff without presenting a package or even mentioning the word endorsement. We assume, if you are talking to us, that you can play. Remember, many of the people working for instrument manufactures are fine musicians. Many of them would surprise you if you ever heard them play. In the endorsement context, you need to present yourself as a business person. We want to know what it would be like to work with you.
Prepare a well-crafted promotional package. Your package should include a short letter, a biography, a recording, a photo, and the URL to your website. Take time and have fun crafting this package; it is your first impression. Do some background work and be sure you’re sending it to the correct person–get the correct spelling of his or her name, as well as that person’s correct title.
Don’t expect free instruments or to be paid money in return for playing a company’s instrument. Artist discounts will be discussed after your package has generated interest. Companies expect endorsing artists to play their instruments exclusively; to mention their companies at educational events; to thank the company for their support; and, when possible, to include the company’s name on recording materials. Individual companies may have other expectations beyond these, which will be discussed if they are interested.
Keep focused on the music while paying attention to your sound and to your business skills. Music manufactures are, above all, interested in being represented by good, professional musicians who truly love the tools of their trade.

An endorsement relationship with a company is a privilege. It is a truly reciprocal relationship which is based on trust and great communication. Endorsements do not exist to propel anyone’s career. Rather your successful career will propel endorsements.

Music Business, Resources

6 Tips on Nailing That Orchestral Audition Recording

June 11, 2015 IM

After your résumé has been processed, you will probably receive material detailing how an audition tape should be prepared. Often specifications are very detailed, and you should follow them to the letter. If there is any doubt, call the personnel manager, but don’t phone him or her with trivial questions about details that you may have overlooked on the instructions.

Typically, audition tape instructions will tell you: what excerpts to record; the order to record them in; what recording equipment to use; what recording format to send (CD or tape); and how to label your recording. Beyond the technical and bureaucratic demands, there are several elements you should keep in mind when making an audition recording:

6 Tips on Nailing That Orchestral Audition Recording

Aim for perfection–this is your chance to showcase your playing to a hiring committee that must listen to many such recordings, so never send a recording that contains errors in tuning or timing. The quality of your playing should be matched by the quality of your recording–seek help with the technical side if you need to.
Choose the right environment–an empty concert hall will have too much reverberation; your bedroom will have too little. Good places to record are in a rehearsal room, classroom, or church hall. Make sure that the room is quiet and free from outside noise interference.
Choose the best equipment–Use the best microphones (condenser mikes rather than dynamic) and recording equipment you can get your hands on. If using tape, buy professional quality tapes with good noise reduction. Record in stereo. Set the microphones about 15 or 20 feet from you and about seven to 10 feet high. Check recording levels so you don’t peak at levels that cause distortion.
Experiment and practice–Give yourself plenty of time to make your recording as you will want to check recording levels and mike placement in addition to warming up and running through the excerpts. If recording over a couple of days, note where you placed mikes and equipment in case anything is moved in your absence.
Be Your Own Critic–Very often a committee will only listen to one or two excerpts of each tape, and switch off when a mistake is heard. You must be as critical with your own recording as the committee members will be. Play the excerpts in order when recording, stopping if you make a clear mistake but playing through minor lapses. Then play back, critique, and re-record till you have one good representation of your playing for each excerpt.
Do-It-Yourself–Professional recording studio rates can be high and often what they produce can be done just as well at home. It’s better to spend money on your own recording equipment (buying or renting) and learn how to do your own recordings–you may find you have a lot more fun this way as well!

Music Business, Resources, Traveling Musician

Canadian Waivers and Taxation for Foreign Artists

May 28, 2015 IM

by Robert Baird, President Baird Artists Management (BAM!)

Ignoring the taxation requirements of a foreign country can lead to unforeseen complications, as this letter illustrates:

We sent an American ensemble to Canada in 2013. We had obtained an approved R-105 waiver in advance. Consequently, no taxes were withheld. We did not realize that we needed to file a Canadian tax return. When we applied for a waiver last summer, we were surprised to have it rejected. The presenter withheld 15% and we’d like to get it back. What do we do now?

R-105 Waivers are used in Canada to reduce or eliminate the 15% required withholding on services provided in Canada by a nonresident. Even with an approved R105 waiver in Canada, you are still required to file a Canadian income tax return the following year; otherwise, subsequent waiver applications will be denied until your tax filings are up-to-date. This is made clear in the approval letter from Revenue Canada. R105 waivers do not represent the final Canadian tax obligation of a foreign artist: the ultimate tax liability can only be determined after an assessment of a Canadian tax return.

There are two types of R105 waiver applications:

1) Treaty-based waivers—Treaty-based waivers are granted if there is a treaty between Canada and another country. Currently, there are more than 80 tax treaties in force. (Visit http://www.fin.gc.ca/treaties-conventions/in_force-eng.asp for a list.) Generally, where there is a treaty, if an artist earns less than $5,000 a year in Canada, with certain restrictions on time spent in Canada, a waiver will be granted. For American artists the amount is less than $15,000 per year.

2) Income/expense waiver—If you do not qualify for a treaty-based waiver, you can still apply for an income/expense waiver. You submit a summary of your gross Canadian income and claim applicable expenses against that amount. The net income is then assessed for tax liability. A waiver may be granted or the required withholding may be less than the required 15%. Applicable expenses include: professional service fees (managers, agents, etc.); accommodations and/or meals; travel to Canada and between places in Canada; mileage for personally owned or rented vehicles used in Canada; equipment rental other than vehicles; and remuneration paid to other persons providing services in Canada (for example, resident or nonresident employees, or subcontractors).

[Note: Fees paid to nonresidents require the 15% withholding unless you acquire an approved R105 or R102 waiver for them as well].

Whether you received an approved waiver or had monies withheld, you should always file a Canadian tax return. It’s a requirement for future waiver approvals and you may receive a refund of monies withheld. Individuals should file a T1 return by April 30 and corporations a T2 return by June 30 of the following calendar year. In addition, if you used subcontractors or employees, you will need to issue T4A-NR slips to each individual, remit withheld monies to the receiver general of Canada by the 15th of the month, following the month in which the payment was made to the nonresident and file a T4A-NR information return (T4A-NR slips and summary form) by the last day of February in the year following the year in which the amounts were paid. Note that there are significant penalties for failing to file tax returns and required forms as indicated.

Nonresident artists need to be aware of waivers and tax filing requirements when coming to Canada to perform.

—I welcome your questions and concerns.
Please write to me at: robert@bairdartists.com. While I cannot answer every question I receive in this column, I will feature as many as I can and I promise to answer every e-mail I receive.

To read this article in French visit: www.internationalmusician.org/la-fiscalite-canadienne-et-les-dispenses.

Tips on Making an Orchestral Audition Recording

April 30, 2015 IM

Grant applications are often straightforward to follow but time-consuming. Don’t wait until the last minute to send in an application, as you may find yourself rushing around to make photocopies or prepare a demo CD and thus are more likely to make mistakes or miss a part of the application.

Tips on Making an Orchestral Audition Recording

Always read guidelines and instructions carefully and follow them to the letter. Always submit a grant on time and in the requested format.
Don’t try to make the grantor’s program fit what you want to do–your program must be in line with the funding agency’s priorities.
Keep your goals realistic! Grantors want to know if projects will be successful, will meet their goals, and that those goals are measurable.
Be creative and compelling. Grants may be won or lost on the quality of ideas proposed. Grant writers talk about the “hook,” the sentence that tailors the project description to the interest of a funder.
Have clearly definable goals and objectives. You may also be asked to define an audience for your project or how it fits a grant’s wider (i.e. educational or historical) goals.
Propose a reasonable, detailed budget and timetable. Do your homework on costs prior to submitting your application.
Clarity is very important. Have someone you trust, preferably with good writing skills, read and critique your application.
Proofread! Spelling and grammar errors do not convey a positive or professional image. It’s a good idea to draft statements and longer items of the application before preparing a final version.
Choose partners wisely. If working collaboratively, make sure your partner is trustworthy, shares your vision, and shares the leg work.
If unsuccessful, follow-up with the funding agency nevertheless. Sometimes, not always, it will be able to give a critique of your application or reasons why certain projects were successful.

Music Business, Resources

Crazy and Memorable Gigs

January 27, 2015 Bob Popyk

For the last couple of months I’ve been writing about awful gigs. I know that, as an AFM member you’ve also had funny gigs, crazy gigs, and memorable gigs. I’m sure that, as a professional musician, you’ve played them all.

I remember playing at a piano bar in a waterfront restaurant where the walls in the cocktail area were indoor waterfalls. One night a drunk decided to take the soap dispenser off the wall in one of the restrooms and pour the soap into one of the waterfalls. Funny huh? Over the years I’ve had to quit playing because of electrical failures, smoke alarms, and bar fights, but until then, I never had to leave a gig because of a giant avalanche of soapsuds.

Last month, I got a letter from Earl Cava of Local 6 (San Francisco, CA), along with a clipping from the San Leandro Times. He wrote: Of all the different types of gigs I’ve worked, the nudist colony was a night to remember. I got a call from my pal Buzzy, who had a trio, asking me if I had ever worked a nudist colony gig. I said, “No, but it sounds interesting. Count me in.” I asked Buzzy if there was a dress code. He told me just to wear my birthday suit. So, not knowing for sure if he was kidding, I brought both my bass guitar, and an upright bass. (I could play the upright and hide behind it, if necessary.) Buzzy gave me the directions to the Sequoia Nudist Colony in Castro Valley, which I didn’t know existed. As I approached the main gate I was greeted by three women in their birthday suits. They gave me directions to the club and told me the dance started at 8:00 p.m. People always ask if we played in our birthday suits. I dodge the answer, and I still dodge it to this day. I can say, however, that when we took our first break, we talked to all the club members. I can tell you that they were friendly and the nicest bunch of people.

Crazy and memorable gigs are endless. I was talking with my pal Vinnie Falcone of Local 369 (Las Vegas, NV) the other day about funny things that have taken place during gigs throughout the years. He remembers a lot of crazy stories from when he was pianist/conductor with Eddie Fisher, Steve and Edie, Robert Goulet, and Andy Williams. Some are written in the Frank Sinatra book we did together. He says the wacky things never stop. Lately he’s been conducting for Don Rickles and Jerry Lewis. He told me that recently he did a gig with Lewis. During the show, he plays piano, while Lewis sings five or six songs. This time, Lewis was doing his bit, and forgets that Falcone hasn’t been called out of the wings to sit down at the piano onstage. Lewis goes into his first number and sings the entire song “a cappella.” He finishes, and realizes he did it without accompaniment, turns to the audience and says, “Damn, I forgot my piano player.” Falcone couldn’t stop laughing. Neither could the audience.

Mike Bennett, Dixie clarinetist of Local 56 (Grand Rapids, MI), says his craziest gigs are the ones where musicians don’t show up or go to the wrong place. He recently played a church gig with a Dixie trio. They were supposed to play at a precise time for a service. It was a well-advertised, good-paying gig. Ten minutes before the time they were supposed to play his piano player was still not there. (He later found out that the pianist went to the wrong church.) It’s tough to play a Dixie trio without a piano player. Bennett says he started to sweat. The church was packed to capacity. He was thinking about how he could possibly pull it off, when the pianist came through the back door, slid onto the piano bench as if nothing happened, and they kicked off the first tune right on the dot. Bennett’s blood pressure dropped 50 points and the gig went on. Some jobs can be a real adventure.

If you have a crazy or memorable gig story you’d like to share, send me an e-mail. My address is RPopyk@aol.com. The ones that are more off the wall might end up in this column. You never know what’s going to happen on your next gig to make it more interesting.

AFM Working Musician Connection
The International Musician will be launching a new AFM Working Musician Connection e-newsletter sent by request to current members and to all new AFM members. The AFM Working Musician Connection will offer advice to get more gigs, promote the benefits of AFM membership, and help musicians feel more connected to the AFM. Sign up today by click here