Tag Archives: traveling musician

Get Their Attention

First, You Have to Get Their Attention

Years ago, if an indie musician wanted to try to book a club or concert venue, they probably started by calling whoever the decision maker was—the club owner, theater manager, etc.—and tried to get them to hear them play. Today it’s a little different. It’s more than a phone call or a press kit with a CD.

I wanted to find out what gets the attention of someone who books a lot of singles and music groups today. I started with Suzanne Morgan, manager of the Orange Blossom Opry in Wiersdale, Florida. She books many local and national groups and singles. Just this past week she had Ricky Skaggs of Local 257 (Nashville, TN), several local groups, a semi-known comic, and then on Sunday night the ’50s vocal group The Drifters. The previous week included The Gatlin Brothers of Local 257.

The place was packed every night. It’s a theater/concert venue and its promoted well. Wiersdale is not a major metro market. (The nearest town is Oklahawa, and I’m sure you haven’t heard of that either.) Morgan is a seasoned vocalist/performer herself. She knows what draws and what doesn’t. She says she is contacted by dozens, if not hundreds, of people who want her to be booked at the Orange Blossom Opry.

I asked her how she likes musicians to contact her. She says, “I like people who know enough to call the box office, get my e-mail address and cell phone number, and then send me an e-mail with a YouTube link so I can see and hear them.” Morgan says she responds to texts, and returns all calls left on her voice mail. The YouTube video weeds out a lot of people.

Just calling her and asking her to book you without knowing who you are, what you do, or what you sound like, doesn’t usually work. She uses a booking agency, but she books musicians on her own as well. Mogan likes talking to musicians and entertainers who already know her venue. She likes oldies, classic country groups, and tribute performers. She appreciates people who figure out what’s going to appeal to her audience. If you do a good job you will be a repeat performer, but first you have to get her attention. Mogan is a good person to know.

Next, I talked with Tom Greenwood who owns the Greenwood Winery in East Syracuse, New York. He books a lot of local musicians for his bar/bistro at the winery. He said he started with Joe Whiting of Local 78 (Syracuse, NY) and built from there. He says that AFM musicians are usually professionals he can count on.

Greenwood says he likes to develop local talent and always responds to musicians calling the winery to find out who to contact and what they’re looking for. He’s got something going on every week.

If you fit the bill, the next thing he wants to find out about is your social media presence. How big is your following? Are you going to help get the word out that you’re performing at his venue? He doesn’t want “pay-to-play” musicians and he doesn’t want musicians who play for the door. He wants professionals who fit nicely into his bistro scene. Greenwood says you can email him a video and then leave him a voice mail. A little persistence helps. His manager also plays a part in who gets booked.

All in all, it takes a lot of things to keep your calendar full. It’s more than being a good indie musician. Today, you need to have some social media presence smarts, networking expertise, correct contact info, and be willing to put a little energy into finding work. But first, you need to get the attention of the person who might hire you. In today’s market, when your video clip is seen, your texts acknowledged, and emails read, you have a better shot of getting a positive response.

The Complete Story on Canadian Work Permits

Q: I am going to Canada to play a bar gig and I was told that I would need to get a work permit. There are four members in my band and I’ve heard that the fee for a work permit is pretty high. Can you help me?

For many years getting a work permit to bring your band to Canada for a bar, pub, or restaurant gig was a reality. You also needed a work permit if you were an exotic/erotic dancer performing in a bar or club; an actor, singer, crew, etc. in Canadian theatrical productions, shows, or circuses; any individual involved in making films, TV, Internet and/or radio broadcasts; a performer in a Canadian-based production or show; or any individual in an employee-employer relationship with an organization or business contracting for their services in Canada.

The fee was $150 for a single musician and $450 for a group of artists. In addition, Canada asked for a Labour Market Opinion (LMO) in some cases, and then the foreign artists would be hired through the Temporary Foreign Workers Program (TFWP).

In 2013, changes to the TFWP resulted in a levy of $275 for each foreign artist or crew member for a LMO and this fee had to be paid by the employer and not passed on to the artist. This all created a serious impediment to some foreign artists hoping to perform in Canada. The situation was not clear to many and there was confusion as to which fees would be applied to whom.

Reaction to this change was swift: the Canadian Arts Presenting Association (CAPACOA) wrote to the Canadian government outlining the impact on the Canadian music industry and an online petition was created.

This information was considered, and in 2014, changes to the TFWP were enacted and, in certain cases, performing artists were exempted from the requirements for work permits and what had then become the Labour Market Impact Assessment (LMIA). These included performing artists/crew entering Canada for time-limited engagements (14 days or less only); musicians in a band performing several tour dates in Canada; guest conductors and artists performing with Canadian productions or groups for a few performances; actors in foreign touring theatrical productions; professional wrestlers and circus performers in foreign touring productions; musicians and buskers coming to Canada to perform in festivals; support crew and other workers who are integral to a live production; and disc jockeys coming to Canada to work at private events, festivals, concerts, and fairs.

An LMIA and a work permit are still required for foreign performing artists on the production of film, television, or radio broadcast; not performing in a time-limited engagement, e.g., musicians performing in a theatre pit or symphony orchestra who are not performing a special feature position; or in an “employment relationship” with the organization or business in Canada that is contracting for their services (e.g. a permanent piano bar employee).

As usual, being an AFM member has certain advantages: the Cultural Exchange Program (P2 visa) administered by the CFM and AFM allows AFM members who are US citizens to enter Canada with a work permit, but no LMIA, in order to perform in Canada for work up to three months, when performing for more than one engager, or up to six months, if performing for one engager. This requires a Cultural Exchange Letter available from CFM. Contact Susan Whitfield (swhitfield@afm.org) for requirements.

For more information on work permits and the LMIA: http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/film/index.shtml

(NOTE: The work permit fee for an individual is CAN$155 and for a group of three or more CAN$465, if entering at the same time and place.)

—I welcome your questions and concerns. Please send an email to: robert@bairdartists.com.


 

Tout ce que vous devez savoir sur les permis de travail canadiens

Robert Baird, président, Baird Artists Management (BAM!)

Q : Je dois me rendre au Canada pour un engagement dans un bar, et on m’a dit que je devais obtenir un permis de travail. Mon groupe est composé de quatre musiciens, et je crois savoir que le coût des permis est assez élevé. Pouvez-vous m’aider?

Pendant de nombreuses années, un groupe qui voulait entrer au Canada pour jouer dans un bar, un pub ou un restaurant devait obtenir un permis de travail. Devaient également respecter cette obligation les danseurs exotiques ou érotiques se produisant dans un bar ou un club; les acteurs, chanteurs, membres du personnel de soutien etc. travaillant pour une production théâtrale, un spectacle ou un cirque canadien; toute personne travaillant dans le domaine de la production de films ou d’émissions pour la télévision, la radio ou Internet; les artistes se produisant dans un spectacle ou une production canadienne; toute personne qui est dans une relation employé-employeur avec un organisme ou une entreprise qui retient ses services au Canada.

Les droits à payer étaient alors de 250 $ pour un musicien seul et de 450 $ pour un groupe. De plus, dans certains cas, le Canada demandait un avis concernant l’impact sur le marché du travail, et les artistes étrangers étaient ensuite engagés par l’entremise du Programme des travailleurs étrangers temporaires (PTET).

En 2013, à la suite de modifications au PTET, le Canada a imposé un frais de 275 $ par artiste ou membre d’une équipe de soutien pour l’obtention d’un avis concernant l’impact sur le marché du travail, et ce frais devait être assumé par l’employeur et non refilé à l’artiste. Tout cela a créé de sérieux problèmes pour certains artistes étrangers qui espéraient se produire au Canada. La situation était embrouillée pour de nombreuses personnes et il régnait beaucoup de confusion quant à savoir quels frais s›appliquaient à quelles situations.

La réaction aux nouvelles règles n’a pas tardé : l’Association canadienne des organismes artistiques a écrit au gouvernement canadien pour lui signaler les effets négatifs de ces règles sur l’industrie de la musique au Canada; une pétition en ligne a également été lancée.

Cette information a été prise en compte et, à la suite de nouvelles modifications au PTET en 2014, dans certains cas, les artistes du spectacle ont été exemptés de l’obtention d’un permis de travail et de ce qui était devenu une étude d’impact sur le marché du travail (EIMT). C’est le cas notamment pour les artistes et le personnel de soutien qui entrent au Canada en vue de jouer dans une production à durée limitée (14 jours ou moins seulement); les musiciens qui font partie d’un groupe musical en tournée offrant plusieurs concerts au Canada; les chefs d’orchestre invités et les artistes qui se produisent dans le cadre de productions canadiennes ou avec des groupes pour quelques prestations seulement; les acteurs qui jouent dans des productions théâtrales itinérantes étrangères; les lutteurs professionnels et les personnes travaillant dans les cirques dans le cadre de productions itinérantes étrangères; les musiciens et les artistes de rue venant au Canada pour se produire dans le cadre de festivals; le personnel de soutien et les autres travailleurs participant à une production en direct, et les disc-jockeys venant au Canada pour travailler dans le cadre d’activités privées, de festivals, de concerts et de foires.

Un permis de travail et un EIMT sont toujours requis pour les artistes du spectacle étrangers qui travaillent dans le domaine de la production de films ou d’émissions télévisées ou radiophoniques; qui ne travaillent pas dans le cadre d’un contrat à durée limitée, par exemple les musiciens jouant dans la fosse d’une production théâtrale ou dans un orchestre symphonique où ils n’occupent pas un poste d’exception; qui ont une relation professionnelle avec un organisme ou une entreprise qui retient leurs services en leur offrant un contrat (p. ex. un employé permanent de piano-bar).

Comme toujours, le fait d’être membre de l’AFM présente certains avantages : le programme d’échange culturel (visa P2) administré par la FCM et la FAM permet aux membres qui sont citoyens américains d’entrer au Canada avec un permis de travail, mais sans EIMT. Ils peuvent alors travailler pendant une période allant jusqu’à trois mois si c’est pour plusieurs agents contractuels ou six mois si c’est pour un seul. Pour profiter de ce programme, il faut obtenir une lettre d’échange culturel auprès de la FCM. Contactez Susan Whitfield (swhitfield@afm.org) pour en connaître les modalités.

Pour de plus amples renseignements relativement aux permis de travail et aux EIMT, visitez http://www.edsc.gc.ca/fra/emplois/travailleurs_etrangers/specialisees/films/index.shtml

(NOTE : Les droits à acquitter pour un permis de travail individuel s’élèvent à 155 $ CAN, et à 465 $ CAN pour un groupe de trois personnes ou plus si elles entrent au Canada au même endroit et en même temps.)

—Je vous invite à me faire part de vos questions et de vos préoccupations en m’écrivant à robert@bairdartists.com.

New Year’s Resolutions for Artists Working in Foreign Lands

As we greet the New Year, we take the time to reflect on the past and resolve to do things better in the coming year. So, with my best wishes for success in 2016, here are some New Year’s resolutions for musicians working in foreign lands:

  1. I will use an AFM contract for all of my bookings whenever possible. If I am utilizing another contract from a buyer, I will attach (and get signed) a Schedule 1 from the AFM form T2C – Travelling Engagement Contract.
  2. I will protect myself from any adverse contractual consequences by reading over the contract carefully; by ensuring that the payment currency, mode of payment, and time of payment do not penalize me in any way; and by making provisions in the contract for cancellation due to circumstances not covered by a “force majeure” clause, such as personal or family illness, etc.
  3. I will be aware of and take into consideration the withholding requirements for travelling musicians (30% in the US; 15% in Canada). I will deal with the required paperwork well in advance of the booking. This means arranging for a Central Withholding Agreement (CWA) in the US or an R-105 waiver in Canada.
  4. I will deal with any impediments to carrying and selling merchandise (CDs, T-shirts, etc.) by making sure the merchandise is correctly labelled (country of manufacture; for promotional purposes only, etc.) and utilizing a customs broker, if necessary.
  5. I will be aware of the latest rules regarding endangered species as part of musical instruments. I will look into the need for an Instrument Passport and make sure I use a border crossing point that can deal with this issue.
  6. I will keep a complete inventory of the equipment I travel with and will get a customs stamp on my inventory list at the border before I leave my country. This will make re-entry much easier. I will look into the feasibility of using an ATA Carnet.
  7. I will ensure that my passport is up-to-date. In addition, I will carry other relevant documentation that will ease my border crossing (visa, contract copy, letter of invitation, return flight ticket, hotel accommodation confirmation, etc.).
  8. I will ensure I have obtained the proper visa to enter the country I am visiting—work visa or permit to work in the country (O-1B, P-1, P-2, P-3) or visa for other purposes (business visa: B-1, study visa, etc.).
  9. I will complete the required tax filings—T-1, T-2, and T4A-NRSUM Summary in Canada or 1040NR, 1042 in the US—and be current with the tax authorities.
  10. I will be aware of industry trends and changes to regulations, restrictions, and cautions that affect my ability to travel.

Being a working musician in a foreign land requires a breadth of knowledge and awareness well beyond the main focus of any artist. If working in a foreign land is in your career plans, make sure you know what needs to be done and take care of things well in advance. Safe and happy travels!

—I welcome your questions and concerns. Please send an email to: robert@bairdartists.com.
While I cannot answer every question in this column, I promise to answer every email I receive.

Crossing Borders: Why Bad Things Happen to Good Artists

It is often the things we are unaware of, or the things that slip through the cracks, that can cause bad things to happen to good artists. In the ever-changing and complex world of performance, today’s artist, especially a touring artist, must keep abreast of new regulations and be aware of the basic requirements for contracts, touring, visas, work permits, withholding, and taxation. Here are the most important considerations for any artist:

1) Time Is Paramount: Many artists are not aware of the amount of time needed to prepare and finalize all of the necessary paperwork in today’s performing arts industry. The time required for promoting you and/or your group for performances, taking auditions, participating in showcases, making connections, utilizing social media, etc., may be longer than you think. I have known artists who have worked hard at promoting themselves and are only starting to reap the benefits three to five years later. Getting established in the arts is a long-term commitment.

In addition, the time it takes to negotiate and get a signature on a contract can be prolonged for many reasons. You need to consider all the steps that must be completed to enable the contract to be realized, from applying for and receiving a visa, to dealing with withholding regulations. Give yourself enough time to accomplish your goals.

2) The Devil Is in the Details: An artist must understand what a contract says and/or implies and the two parties to a contract must communicate openly and candidly to avoid confusion. For example, a contract may state what the fee will be, but, in addition, an artist should ask: in what currency the fee will be paid?; will it be paid by cash or check?; exactly when will it be paid (before the performance date; the day of the performance—before or after; a week after the performance, etc.)?; and what happens if the currency loses its value due to weakening of the currency?

Often, contracts are not read with attention to the fine print, especially in contract attachments such as technical and hospitality riders. One artist with whom I worked was shocked to discover, upon arrival at a venue, that the stage was not big enough for the necessary stage sets for the show. A closer examination of the technical specifications of the venue (attached to the contract)would have prevented the surprise. Pay attention to the many details that must be noted and dealt with.

3) Rules, Rules, Rules: There are rules and regulations to many of life’s activities and the touring musician runs into many of them. Crossing a border with pets and/or children can be problematical; too much cash, liquor, or tobacco can be an impediment to crossing a border; and musical instruments containing any endangered species now require permits to cross borders.

One artist approached the Canada-US border and did not think that the DWI of his youth would come back to haunt him. He was not allowed to cross and his tour in the foreign country had to be cancelled.

There are many requirements for additional paperwork involved in visa applications (the gathering of pertinent evidence to support a visa application), work permits (knowing if one is necessary), withholding waivers or agreements (legally avoiding it), and for filing the obligatory tax forms (knowing when to file and what tax forms to file.) Knowing the rules and abiding by them will ensure your success as a touring artist.

—I welcome your questions and concerns. Please send an email to: robert@bairdartists.com.
While I cannot answer every question in this column,
I promise to answer every email I receive.

Crossing Borders: Time Is of the Essence

Life is very busy and it is sometimes difficult to deal with things when we should. Musicians who are going to cross a border to perform need to know that time is of the essence dealing with requisite paperwork.

Q: I recently completed organizing a tour in the US and applied for a visa and an IRS Central Withholding Agreement (CWA). The tour begins in six weeks. I assume that I will get my visa and CWA in time.Can you advise?

Unfortunately, you will not be able to get a visa in time to perform in the US. Current delays in processing at US Citizenship and Immigration Services (USCIS) will affect the application. USCIS now has an eight-week backlog. This situation underlines the importance of allowing enough time for regular processing, let alone any other factors that could delay the process.

If you will be applying for an O or P visa to perform in the US, it would not be too early if you started your preparations a year in advance. The applications should be filed no later than six months before your first performance. This time frame allows for possible requests from USCIS for further information and documentation to accompany your application, as well as other processing delays that are beyond your control. USCIS does its best to process visa applications in two weeks, but you cannot count on this due to the high volume of visa applications it receives each day.

Obviously, it may not be possible to file so far in advance, but it is a good idea to file as soon as you can. Many visas are processed fairly quickly when there are no delays. If you are desperate for a quick visa approval, there is the option of Premium Processing for a fee of US$1,225, in addition to the regular processing fee of $325. This is a cost many artists cannot afford to pay. Premium Processing guarantees a response (but not necessarily an approval) from USCIS within 15 days. And for true emergency situations there is the possibility of obtaining an approval within 48 hours through the intervention of the office of a senator or congressional representative.

If you are applying for relief from US withholding via a CWA, you must submit your application no later than 45 days before your first US date or your application will be summarily rejected. There is absolutely no leeway allowed with this deadline. If your application is rejected, you will be charged the 30% withholding requirement.
In Canada, you can also apply for relief from the 15% Canadian withholding requirement by submitting an R-105 Waiver Application to Revenue Canada. The application should be submitted no later than 30 days before the first performance in Canada.

Time is also a factor for foreign artists filing taxation documents in the US and Canada. One of the requirements of both a CWA and an R-105 is the filing of  tax return for the year in which services were performed.

The deadline for filing a personal tax return in the US is April 15 of the following year and the deadline in Canada is April 30 of the following year. If you are a business the deadlines are March 16 in the US  and June 15 in Canada. If you had to issue any T4A-NR slips then you must file a T4A-NR Summary no later than the last day of February of the following year. Note that there are late filing penalties and accrued interest charges in Canada for failure to file tax documents on a timely basis.

Plan ahead to avoid difficulties.

I welcome your questions and concerns. Please send an email to: robert@bairdartists.com.
While I cannot answer every question in this column, I promise to answer every email I receive.


 

AFM Immigration Services

The AFM has been recognized by both US Citizenship and Immigration Services (USCIS) and Citizenship and Immigration Canada (CIC) as an authorized petitioner for temporary work permits on behalf of AFM member musicians. For P1, P3 and O1 Consultations, AFM provides the consultation letter required by the USCIS, but does not supply USCIS forms (see here for more information: http://www.afm.org/departments/touring-travel-theatre-booking-immigration/visa-questions-and-answers). You may also access information form the USCIS website: http://uscis.gov/graphics/index.htm.

Canadian members who wish to work in the US may be eligible for a Class P2 non-immigrant work permit. For more information on Immigration Visa Questions and Answers http://www.cfmusicians.org/services/work-permits.  Please note, at this time P2 permits are being processed within 75-90 days.

RVs and Elephants: Life Behind the Scenes for Ringling Gold Unit Musicians

While any professional performance career is at times a circus, only a few AFM members can claim that is literally true. Touring nearly year-round with one of three Ringling Bros. and Barnum & Bailey (RBBB) circuses—the Red, Blue, and Gold units—makes for a uniquely strange and wonderful musical career.

On tour since January 2004, and featuring a band of six, the RBBB circus’s Gold unit gave its final performance October 25. Working under an agreement between the AFM and Feld Entertainment, this production operated as a “truck and trailer” show that played smaller, more rural markets. The standard model for housing and transportation used on the Red and Blue units—the circus train—was not an option for the Gold unit. A carefully negotiated policy allowed musicians to travel in company-funded RVs, which served as both their transportation and lodging. In addition to many travels across the US and Canada, the Gold unit was the only RBBB production to travel to Puerto Rico and Europe.

Circus-1

Keyboardist Oliver Townsend poses with the circus elephants.

Musicians Robbie Redding of Local 546 (Knoxville, TN), Matthew Cross of Local 111 (Canton, OH); Daniel Glynn of Local 374 (Concord, NH), Jeremy Papay of 60-471 (Pittsburgh, PA), Gabriel Romero Jr. of Local 433 (Austin, TX), and Oliver Townsend of Local 10-208 (Chicago, IL), shared some of their experiences traveling with the Gold unit.

Conductor and saxophonist Robbie Redding left college to take a full-time saxophone position with RBBB in 1995. After playing in a couple different circus bands, he was asked to be conductor of the brand new RBBB Gold unit.

“Everything about the Gold unit is unique—the housing, the cities played, the performance schedule, the family atmosphere, and the historic moments we created for Feld Entertainment,” says Redding. “When you’ve been a part of something new and unique from the beginning, there isn’t much you won’t miss.”

“Live music is the heartbeat for a circus performance. It fuels circus artists to perform better, and vice versa,” he explains. “I’ve often described Ringling employment for the musician as a ‘blue collar’ music job. The book stays relatively the same—there is very little room for creativity.”

Free time can be a killer, he says of touring life. For that reason, the musicians take on other projects, including two successful side bands (Jack’s Shadow and Greybag) that they booked to play gigs in cities where the circus performed.

Redding says the RV housing scenario was both an Achilles’ heal and a godsend. “It made it difficult to find musicians willing to take the job. On the other hand, those that embraced the idea know there is no other way to tour,” he says. In 12 years, he’d had to replace less than 10 musicians in the six-piece, full-time, touring band.

Keyboardist Matthew Cross had retired from circus life, but returned for the last two months of the Gold unit tour to replace a keyboardist who left. He had performed with six different circuses from 1979 to 2014. “What an adventure! I wouldn’t have traded it for anything in the world,” he says.

Circus-2

The RBBB Gold unit circus band watches circus performers carefully to “catch tricks.”

Daniel Glynn, played electric bass for the show for about five years, after he stumbled across a Ringling Bros. audition call. “I think as soon as I stepped into the tent, saw my first elephant, and met all the band guys, I was in it for the long haul,” he says. “The idea of living in a movable community on the road was appealing.”

“I am going to miss the overall ‘circus life’—countless nights spent sitting outside someone’s RV telling and retelling circus stories, and the cast of characters from so many different countries and cultures,’” says Glynn.

He says that the circus performers kept them on their toes, “Each section of music was specifically written to enhance the actions of performers. It’s an ebb and flow relationship. Jeremy Papay, our drummer, and Matt Cross, our keys one player, are amazing at ‘catching tricks,’ which highlight the movements and actions of performers.”

Though Glynn says he won’t miss breakdowns in the middle of nowhere, he did enjoy having his own space. Plus his rolling home allowed him to bring additional instruments and recording equipment.

When drummer Jeremy Papay was first asked to audition for the circus band he thought it was a joke. “I had a couple weeks to learn the show, buy an RV and truck, learn how to hitch and unhitch the thing, and hit the road to meet up with the show in Prescott Valley, Arizona (leaving from Pittsburgh).

“Live music is everything, especially in the circus,” he exclaims. “Circus musicians are no joke. I have learned a lot from these fine gentlemen. Canned music is unable to smoothly and seamlessly stop on a dime and transition when acts miss a trick, decide to cut a trick, or add one, two, three, or four.”

“As a circus drummer, I was responsible for ‘trick catching’—accenting the action in the ring with little fills and flourishes. In addition, I was responsible for triggering an absolutely insane number of loops via the [Roland] SPD-SX [sampling pad]. It was a challenge to keep my eyes on the ring, watch the conductor for cues, keep the tempo steady, and keep an eye on the SPD-SX.”

Though having an RV was a perk, it was at times grueling. “Anything under 500 miles feels like a vacation drive after crunching some of those Gold jumps—500 to 1,500 miles plus. Playing drums was only part of the gig!” he says. Hazards of RV life included blown tires, tornado and hurricane warnings, sub-zero freezes, record breaking heat, and floods.

Gabriel Romero Jr. has worked as keyboardist, synth programmer, and assistant conductor for all three RBBB circus units. “The Gold has always been a tighter-knit community; definitely a second family to me. I will miss it dearly,” he says.

“In a live show, especially a live show with animal acts, it is very important that the music fit the act,” he says. “It is rare that an act is the same every time. A live band helps make any last-minute changes or mishaps on the floor appear intentional and seamless.”
Traveling by RV gave him the opportunity to have a studio on wheels. “That’s something I couldn’t do on a train. We were able to record a full-length album, strictly in our RVs,” he says.

Keyboardist Oliver Townsend was the newest band member, having joined June 2014. He chose hotel life, rather than travel by RV. “I’ve always enjoyed touring with theatre shows,” he explains. “So it seemed like a fun alternative to that. It was an almost identical lifestyle for me, but with a totally different work environment!” He says the players shared a unique bond.

Townsend will miss the people and the work schedule the most. “You can’t really beat the paycheck/work ration—union wages for three to four days of work per week,” he says, admitting, however, that he won’t miss three-show Saturdays and some of the rundown arenas.
Band members hope they’ll be able to keep the sideband Greybag (greybagmusic.com) going in some capacity. The music for its first album, Never Meant to Stay, was recorded in their RVs.

Circus-3

Tips for Safe Air Travels with Your Instrument

The AFM works hard with its partners in the National Musical Instrument Carry-On and Ivory coalitions to make air travel easier for you and safer for your instrument. New rules and more specific guidelines negotiated over the past few years with the airlines, US Department of Transportation (DOT), US Fish and Wildlife Service, Customs, and other agencies have made vast improvements and reduced unexpected surprises when traveling by air. Safe instrument travel begins with careful planning long before you board the plane. Here are some tips to make flying with your instrument more carefree.

Before You Buy Your Ticket

  1. Insure your instrument. An airline will not cover replacement cost for your valuable instrument if it is damaged, lost, or stolen. Airline liability limits are about $3,500 per passenger on domestic flights and less on international trips.
  2. Know the size/weight of your instrument in regards to regulations. Airlines must accommodate musical instruments as carry-on items as long as there is room available in the overhead bin or under-seat area at the time of boarding, and the instrument is in a case. Typically, airlines allow you to check musical instruments as baggage as long as: the sum of the length, width, and height of the exterior case dimensions does not exceed 150 linear inches and the weight does not exceed 165 pounds (this can change if flying smaller regional aircraft). Larger instruments may be allowed, but subjected to “oversize” fees. Always request to have your checked instrument stowed in the climate controlled storage area where pets travel.
  3. Notify the airline that you will be flying with a musical instrument. Have your case dimensions handy. Inquire about the size of the aircraft that will likely be used and how that might limit your ability to fly with an instrument in cabin or in the cargo hold.
  4. Remove all extraneous items from the case before leaving home. Any sharp objects or liquids larger than three ounces should be packed in checked baggage or left at home.
  5. Extra padding. Consider installing additional foam or using bubble wrap in your case for extra protection.
  6. Print a copy of the airline’s specific policies regarding
    instruments. You can find many airline policies listed at http://
    airlines.org/blog/instrument-rated-air-travel-for-musicians/.
  7. Consider early boarding options. Depending on individual airline policies, paying extra for early boarding or requesting a seat assignment at the back of the plane may provide more time to stow your instrument, and more space options.
  8. Limit the number of carry-on items. Most airlines permit one carry-on bag and one personal item. Your instrument will be one of those items.
  9. If traveling internationally, consider whether your instrument may be subject to the US Fish & Wildlife Service bans on import/export. Some musical instruments contain parts or products of species protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and/or the Endangered Species Act (ESA), such as African ivory or certain woods. If you think your instrument may fall into this category, you may want/need to obtain a US Fish and Wildlife Service (USFWS) traveling permit for your musical instrument well in advance of your travel date. For more information visit: http://www.fws.gov/international/permits/by-activity/musical-instruments.html.

Tavel

For more tips on traveling with your instrument, download the Guide to Flying with Musical Instruments PDF at: www.afm.org/departments/legislative-office/instruments-as-carry-on.

At the Airport

  1. Be prepared to open your case for inspection. For checked instruments, offer to open the case for TSA or customs officials so you can ensure it is properly stowed following examination.
  2. Board as soon as you are called. Airline overhead space is on a first come, first serve basis. Once your instrument is safely stowed in the overhead it cannot be removed or replaced by other bags.
  3. Deal calmly with problems. Move out of the way of other boarding passengers, then show the gate agent a copy of the federal rules (http://www.gpo.gov/fdsys/pkg/FR-2015-01-05/pdf/2014-30836.pdf) and quickly and calmly state your understanding as they apply to your situation. Explain the precautions you have taken to travel with your instrument. Don’t take it personally if a gate agent or a flight crew member seems indifferent to your concerns. Their time is limited. In many cases, the problem may be resolved easily.
  4. Have a backup plan. Be prepared in the event that you are not allowed to travel with your instrument in the cabin. Do you have a sturdy travel case? Are you prepared to check your instrument? Don’t forget to insist that the instrument be stowed in the temperature-controlled section of the cargo hold.
  5. Inspect your instrument upon arrival. Carefully examine your instrument for any sign of damage. Report any problems to the airline baggage office before leaving the airport.

If you experience problems that are counter to an airline’s posted policies you are encouraged to file a complaint “first” with the airline (www.tranportation.gov/airconsumer/airline-consumer-contacts). If the airline’s response is still contrary to its posted policy, write a compliant to the US Department of Transportation (www.transportation.gov/airconsumer/file-consumer-complaint). The DOT monitors complaints for patterns or egregious cases that warrant actions to hold airlines to laws and regulations.
For more tips on traveling with your instrument, download the Guide to Flying with Musical Instruments
PDF at: www.afm.org/departments/legislative-office/instruments-as-carry-on.

TMA: Broadway and Beyond

Walterby Walter Usiatynski, TMA Vice President, Broadway Theatre Committee Chair, and a member of Local 802 (New York City)

The Theatre Musicians Association (TMA) is similar to the Broadway Theatre Committee in many ways. TMA is duly recognized by the AFM; the Theatre Committee is duly recognized by Local 802 (New York City). TMA represents theatre musicians around the country; the Theatre Committee represents theatre musicians in New York City.  I have the honor and privilege of serving with both.

I’ve served on the Theatre Committee since 2008, first as co-chair (with AFM International Executive Board member Tino Gagliardi as chair), then as its chair in 2010. At Gagliardi’s urging, I joined TMA later that year as the Broadway director. Broadway director is a liaison position—a link between what happens on Broadway and TMA. As director I discovered that, not only do happenings on Broadway affect the rest of the country, but things that happen around the country affect Broadway, such as downsizing of the pit orchestras. Because of this link, communication between TMA and the Broadway community is essential.

On Broadway, producers say that this is their best year ever. (They’ve been saying this for several years now.) We’ve seen many shows with large orchestrations, such as On the Town, The King and I, South Pacific, and American in Paris. These shows are well received by audiences and critics. But there are other shows that request smaller than the minimum chairs, and shows that return for a second or third run with smaller orchestrations than the original run, such as Les Misérables and Spring Awakening.

TMA, with help of the AFM, tracks the size of orchestras in touring Broadway shows. Reduced orchestrations are as much of a problem on the road as they are on Broadway. Both the Pamphlet B and Broadway CBAs are agreements with the Broadway League of Theatre Owners and Producers, and both expire next March.

The AFM Pamphlet B Touring Agreement covers musicians traveling with theatrical productions in the US and Canada. When it was last negotiated in 2012, substantial improvements were made. Elimination of the “tier” structure put more money in the pockets of musicians. There were also improvements in health contributions, vacation pay, doubling, sound check and rehearsal pay, as well as annual wage increases. The AFM replaced the tiers with the Short Engagement Tour (SET) Agreement. For smaller, shorter-stay productions, it gives the League relief from full Pamphlet B rates, without putting musicians in the poor house.

The Broadway Agreement was last negotiated in 2011. It gave annual wage increases, but no improvements were made in other areas. We hope for successful agreements with both contracts.

There is good communication between TMA and Broadway, and the level of communication within TMA is strong. TMA is made up of local and touring musicians. Our executive board holds regular meetings to hear from our chapters, committees, and members. We can find out if a concern with a production is an isolated event or is occurring from city to city. If necessary, we can contact the AFM Touring and Travel Division, as we have a strong relationship with them.

Information about tours and tour itineraries is shared with members on the TMA website (www.afm-tma.org). Touring musicians can see where their show is going, and local musicians can see what shows are coming in and when. We are on Facebook. Along with our regular Facebook page, there is a TMA Traveller’s Forum page for musicians to share comments on restaurants, lodging, and anything else that may be of interest on the road. We send out frequent bulletins and email blasts to keep members informed and updated about current events.

We are constantly on the lookout for virtual orchestras, prerecorded tracks, or loops in productions. We are greatly concerned with reduced orchestrations and the effect that they have on production quality and musician health. Smaller orchestras mean more blowing, less sectional support and the combining of parts, all of which equals more work for musicians, and more profit for the show.

A recent call to action concerns Boston’s Colonial Theatre, which may be turned into a dining hall/student center by its owner, Emerson College. The Colonial is the oldest continually-operating theatre in Boston, and is home to many touring productions. TMA is distributing a petition to keep this beautiful cultural resource alive so it does not become a line item on the college’s accounting sheet.

TMA is a voluntary organization. It depends on recurring membership dues. I can’t predict what the Pamphlet B negotiations will be like next spring, but I can say that TMA will be there, working with the AFM, representing working musicians to try to achieve the best deal possible. We are talking to members and have put together a Pamphlet B committee to explore areas of concern. Whether you are a touring or local theatrical musician, you will benefit by joining TMA. Our modest dues can be paid through our website. If you are a current member, we hope you continue your membership so that TMA can keep fighting the good fight.

How to Structure an Overscale Deal that Works for You

Manleyby Michael Manley, Director AFM Touring/Theatre/Booking and Immigration Division and Assistant to the President

Whether you are a concertmaster of a symphony orchestra, a touring musical theatre conductor, or a first-call studio trumpet player, you may enjoy the opportunity to negotiate wages or other “perks” that are above and beyond union scale minimum terms and conditions. Here’s a quick guide to ensuring your overscale deal works for you, not against you.

Fixed Versus Variable Overscale

The most straightforward overscale deal comes with no strings, and is simply a fixed additional amount paid on top of the minimum wages. It is inclusive of no other potential fees. In this model, an in-demand drummer paid $100 more than the minimum performance scale, or a star cellist commanding double scale on a recording date, are each paid above scale solely for their exceptional artistry. If there are other incidental payments, for example, if a performance goes overtime, these are paid in addition to the negotiated overscale amount. This “fixed” model is clean and straightforward, and therefore the most ideal.

However, some overscale deals are variable. In these overscale deals, the overscale is structured to build in certain incidental fees or work that may occur. For example, it is common for a touring theatre conductor’s overscale to include some rehearsal hours. Additional unplanned-for expenses may also be built into the overscale, such as possible travel penalties, or the overtime referenced above. In this case, employees are being paid their contractual minimums for all services, including these incidental penalties and fees, but the overscale amount is effectively being reduced to cover the cost of these events. For example, if a lead trumpet player is making $200 per week in overscale, and there are overtime penalties that total $45 in that same week, then our lead trumpet player’s overscale would be $155 for this week, in this variable overscale model. These variable overscale deals are not prohibited, so long as the employee is never being paid less than the minimum terms and conditions guaranteed by the contract.

Variable Overscale: Defining
What Is—and Isn’t—Included

While building in certain tasks or fees can give a musician more leverage in negotiating an overscale arrangement, it is crucial to clearly define what is included—and what is not. As stated, the variable overscale deal cannot be structured in a way that results in less than the minimum union terms and conditions. Can a weekly overscale cover a few hours of rehearsal per week, if needed? Yes, assuming the overscale amount is equal to or more than what the contractual rehearsal hours would be. Can an overscale cover “any and all” rehearsals needed? Absolutely not—it might result in the musician being paid less than what the contract minimums require. For example, if the overscale is equal to or more that the cost of five rehearsal hours per week, an employer may ask for “up to five hours of rehearsal per week” in negotiating the variable overscale. But the employer may not ask for “up to six hours of rehearsal per week” in this same case, since the payments due for the rehearsal hours total more than the overscale amount.

Excluded from Overscale

Neither the musician nor the employer may agree to an overscale framework that violates a collective bargaining agreement, or local union scales and conditions. For example, an employer may not pay an overscale amount in lieu of a contract’s health and welfare or pension payment. Also, an employer may not include potential revenue from other work or contract sources. For example, performance overscale may not cover payments that are due for separate media work, such as recordings, commercials, or digitally streamed or downloaded content. These examples all fall under the jurisdiction of AFM media contracts, and are therefore treated as separate employment events.

The AFM’s Short Engagement Touring Musicals Agreement contains a revenue-sharing component, called “overage,” which is tied to some theatrical overscale deals. The same rules apply—overscale amounts cannot replace a weekly overage due, but overage can—with care and scrutiny—be part of a variable overscale deal. It is best to contact the AFM Touring, Theatre, Booking and Immigration Division directly if overage is being considered in an overscale deal.

The best course is to be as specific as possible when including anything in the overscale deal. “Up to and including  ___ rehearsal hours” is preferable to “any and all rehearsals” or “rehearsals, as needed,” phrases which are open-ended and unquantifiable.

Overscale “Do’s”

  • Prefer a fixed overscale amount to a variable one, if possible. It is the simplest structure, and easy to keep track of.
  • In variable overscale deals, clearly define the parameters of what is potentially covered. A phrase like “up to __ hours” are clear and limited, while a phrase like “any and all” is a deal-breaker—it contains no limitations.
  • Overscale should always be defined per pay period, and each overscale payment applies only to the events of that pay period. Overscale paid last week cannot cover overtime fees or travel penalties that occurred this week.
  • Make sure the overscale deal does not violate the contract, or attempt to fold in payments, such as media payments, due under other AFM Agreements.

When in doubt, call the union—we are here to help! Also, remember to send a copy of your personal services contract to the appropriate national or local union representative.

Touring and Theatre Special

Manleyby Michael Manley, Director AFM Touring/Theatre/Booking and Immigration Division and Assistant to the President

Welcome to the 2015 International Musician special section on the AFM’s Touring, Theatre, Booking and Immigration Division. In my work as this division’s director, I intersect with nearly every facet of the professional music industry—not only those in the US and Canada, but musicians from all over the world. With so many words and commas in our division name, the only thing that doesn’t cross our desks is boredom. Here’s a partial list of what my hard-working staff and I are up to:

  • Negotiating and administering touring agreements for theatrical, circus, and pop musicians.
  • Assisting locals in organizing theatrical and “pick-up” orchestra work in their jurisdictions.
  • Conducting on-site union meetings with touring AFM musicians and bands.
  • Evaluating foreign musicians and groups seeking to enter and work as artists in the US.
  • Advising and advocating for musicians traveling with musical instruments as carry-ons.
  • Representing the AFM national and touring theatre musicians within the coalition of Broadway unions and guilds.

In any one workday, we might come in contact with a symphony orchestra, an African drumming ensemble, a touring Broadway show, or a star’s back-up band. Just as our work brings a diverse array of challenges, it also touches nearly every musician regardless of genre or instrument. Whether your instrument is a trumpet, banjo, or violin, your concerns about transporting it as an in-flight carry-on are the same. Whether you are “on the road” playing Mozart or metal, you want to know where the great after-show eats are. And from the circus to The Sound of Music, musicians need overtime and travel protections in their employment contracts.

In this issue, we take an in-depth look at the life of a touring musical theatre conductor, as the new Beautiful tour launches. We also feature a “how to” on negotiating overscale pay, and an update from our Canadian colleagues on US-Canadian Border-crossing concerns. We hear from the Theatre Musicians Association, and finally we wish “Happy Trails” to the traveling musicians of the Ringling Gold Circus.

We in the Touring, Theatre, Booking and Immigration Division are grateful to connect with such a wide variety of our AFM professional musicians, as well as the community of international musicians. It gives us a unique bird’s-eye perspective on music as a whole. Join us on Facebook, at the “AFM On the Road” page, for day-to-day updates from the traveling musician community.