Tag Archives: vice president from canada

album
Officer Columns, Vice President from Canada

Is the Album Doomed?

Pour la version française cliquez ici.

In a recent article by Tim Ingham for Rolling Stone, some startling statistics pointed to further erosion of the music model of the past, as consumption patterns continue to swing further toward single tracks. According to the Recording Industry Association of America (RIAA), album sales in the US for the first half of 2018 (including downloads, CDs, and vinyl) were down 25.8%, compared to a year earlier. If that trend holds for the full year, album sales will be half of what they were in 2015, or in terms of dollars, down by half a billion dollars compared to last year.

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Officer Columns, Vice President from Canada

The Value of AFM Membership Is Realized Through Proper Contracts

Pour la version française cliquez ici.

Meeting with members is always an interesting exercise, and a way to keep in touch with the realities of the music scene, which can be both good and, well, not so much.

One of the most disappointing aspects is conversations with prominent musicians who have been members for a significant number of years, yet are in a personal quandary about whether to continue membership because they haven’t “seen any value.”

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social media
Officer Columns, Vice President from Canada

Social Media Can Unite Musicians, But Unions Hold the Power for Results

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Social media has provided our musicians and artists an entirely new way of reaching their target audience. It’s a wonderful way of expanding a fan base, posting daily activities and itineraries, and generally keeping the band relevant in a very competitive music environment. Inevitably, use of social media has also helped create a unique bond between the musicians themselves, in supporting each other’s shows, as well as sharing resources and information.

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Who says this stuff
Officer Columns, Vice President from Canada

Who Says This Stuff?

There is no doubt that the Canadian Federation of Musicians (CFM) has been predominantly concerned of late in seeking new employers to bargain agreements with, and specifically those involved in media. Recording—on camera and off—presents an assortment of revenue streams for members in the areas of capture, reuse, new use, supplemental markets and new media, or streaming. This is important work and extremely valuable to the musicians employed in those areas.

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International Musician, Recent News, Vice President from Canada

CFM Negotiates with the Media Giants

The General Production Agreement negotiated between the CFM and the Canadian Broadcasting Corporation has been ratified with an overwhelming majority. As a response to requests by the members, modifications were made to once again identify underscore and theme music that would require reuse payments outside of the one-year window. Fees increased by nearly 5% and the revenue sharing aspect of Distributor’s Gross now includes licensing as well as sales.

And of equal importance, ratification indicates that we now have an up-to-date template to use as we prepare to negotiate a similar deal with Rogers Communications, Bell Media, and Corus Entertainment. During conversations with all three to determine dates to begin bargaining, it became apparent that there is an appetite among the three media giants to bargain simultaneously. To that end, the tentative timeline is sometime in February 2018.

Commercial Announcements Agreement

In the mix as well is the Commercial Announcements Agreement, as the Association of Canadian Advertisers (ACA) and the Institute of Communications Agencies (ICA) have returned to the table after a yearlong hiatus. Significant amendments are being considered with this contract since online advertising, once considered a small part of the industry, has become a significant part of productions. While fee increases and housekeeping are also on the table, major revisions are being contemplated because of massive shift in how jingles are now created. Fortunately, there is a desire on both sides to make the agreement more relative and user-friendly.

Consultations with independent producers have finally led to an upcoming meeting with the Canadian Media Producers Association (CMPA). While still in the early stages, it’s my hope that the result will be a Canadian agreement for independent production. I will report more on this in the near future.

NAFTA & TPP Update

Recent meetings of the Canadian Labour Conference confirmed that the North American Free Trade Agreement (NAFTA) and the Trans-Pacific Partnership (TPP) remain very serious concerns for organized labour in Canada. As reported previously, the CFM has been appointed to a NAFTA committee to provide input on certain aspects of the cultural sector. We have also made presentations during public consultations on the TPP, as the subject matter has similar concerns for musicians, specifically regarding temporary entry into Canada and copyright. We continue to push for what is fair, although it would appear at this juncture, that both those agreements are in peril.

As you may have surmised, we have a busy schedule coming up, both in finishing 2017 work and with projects that will take us well into next year. Major, first-time negotiations are on deck, and with lots of hard work and a little luck, there will be a significant increase in contracted media work.

I would like to wish all our members, officers, and staff a very Merry Christmas, as well as a safe, healthy, happy, and prosperous New Year.

Officer Columns, Vice President from Canada

Musicians “Broke, Out West”

At the time of this writing, I have just stepped off a plane from Edmonton, Alberta, having spent the last few days organizing a demonstration/rally, juggling interviews with the press and radio reporters, and meeting with a politician of the ruling provincial New Democratic Party (NDP). At the core of it all was the ongoing effort to get an agreement with the Western Canadian Music Alliance (WCMA), the entity that operates the BreakOut West music festival (BOW).

As I have reported before, the WCMA have an operating budget of roughly $600,000, with a substantial amount of that derived from various government grants and funding, along with private sponsorship. While they have no choice but to pay the “headline” acts fairly, as they have the effect of validating the festival, the lion’s share of the musicians are not paid. Previous agreements with the festival did provide for payment, but BOW has changed their “business model” in favour of belittling musicians even further.

BreakOut West music festival

More than 50 musicians and supporters picketed the BreakOut West (BOW) festival’s host hotel. BOW has refused to negotiate a contract to pay musicians.

This type of social injustice is not just a problem for musicians, but for all Canadian workers, and that premise was why we approached the Alberta Federation of Labour (AFL) for their assistance. They were eager to help, as our message was a perfect fit for “$15 And Fairness,” a nationwide campaign of the Canadian Labour Congress (CLC). The AFL folks were instrumental in producing themed signs and handouts, issuing an “Action Alert” to their affiliates and media to announce the day and time of the rally, and then bringing their staff to participate.

Special thanks must be given to the Edmonton Symphony Orchestra, who sacrificed their break time to help bolster our numbers to more than 50—plenty of folks to fill the street in front of BOW’s host hotel. In addition, in a stunning show of solidarity, we were joined by international jazz great P. J. Perry and blues artist Graham Guest of Local 390 (Edmonton, AB). With chants of “Pay the band, not the man,” our group was successful in sending a strong message.

BreakOut West music festival

(L to R) At the BOW Rally are AFM Vice President from Canada Alan Willaert, Supervisor Electronic Media Services Canada Daniel Calabrese, Director of Organizing & Education Michael Manley, and Negotiator Todd Jelen.

I would also like to thank the AFM Director of Organizing Michael Manley, along with Negotiator Todd Jelen, and Supervisor Electronic Media Services Canada Dan Calabrese, who rounded out the AFM’s onsite personnel. In addition, a special thank you to Local 390 President E. Eddy Bayens and Secretary Edith Stacey for their assistance and outreach to members, and to Local 547 Secretary-Treasurer Doug Kuss, who took the day to travel and support our event.

Following the rally, Bayens and I met with a member of parliament to impress upon him the government’s error in not being more careful about what they were providing grants for. Since the NDP are currently in power in Alberta, one would have to believe that more serious consideration will be forthcoming, as it was pointed out that musicians were paid nothing, not even minimum wage, as required by law.

The demonstration and show of solidarity is only the beginning of this story; pressure must now be brought to bear upon all sponsors of the festival, to ensure that next year’s event is either under a CFM agreement or doesn’t happen. Members, please take note that the WCMA continues to be on the International Unfair List. No contracts should be entered into with them or their affiliates for any performances, until further notice.

BreakOut West
Officer Columns, Vice President from Canada

BreakOut West—Still No Deal Do Not Work for BOW

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

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

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

Let me repeat that: Do not perform at BOW!

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

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

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

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

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

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

The time for solidarity is now!

Blockchain
Officer Columns, Vice President from Canada

Coming Soon: A Blockchain Copyright System

Three of the world’s most significant collection societies—ASCAP (US), SACEM (France), and PRS for Music (UK)—are working together on a project designed to improve the future of music copyright management. According to an article in Music Business Weekly, they have announced the building of a blockchain system, which could manage the links between music recordings International Standard Recording Codes
(ISRCs) and music work International Standard Work Codes (ISWCs). Blockchain is a software platform, a protocol for managing digital assets. Their website is www.blockchain.com.

A recent ASCAP press release stated: “Establishing robust links between these two pieces of data (ISRCs and ISWCs), offers a practical solution with enormous potential for improving the processes of royalty matching, which will in turn speed up licensing, reduce errors, and reduce costs. The goal of the project is to prototype how the music industry could create and adopt a shared, decentralized database of musical work metadata with real-time update and tracking capabilities.”

Working with IBM, the partnership plans to leverage the open source blockchain technology from the Linux Foundation, Hyperledger Fabric, to match, aggregate, and qualify existing links between ISRCs and ISWCs in order to confirm correct ownership information and conflicts. Blockchain is used in payments systems, noted for its ability to manage records without centralized governance. This valuable characteristic will be utilized to resolve issues between conflicting identifiers for the same work across multiple rights holders.

Jean-Noël Tronc, SACEM’s chief executive officer, has a vision “to ensure a diverse and sustainable future for music, where creators are rewarded efficiently for their work.” He went on to say, “Through this partnership, we aim to develop new blockchain-based technologies that will tackle a long-standing issue with music industry metadata—a problem that has grown more acute as online music rights distribution has become increasingly decentralized with the rise in digital channels. By developing this blockchain technology in partnership with ASCAP and PRS for Music, we will unlock value to the benefit of music creators worldwide.”

Elizabeth Matthews, ASCAP’s chief executive officer, noted that the music industry “has been calling for greater transparency and accuracy.” Blockchain has the ability to capture real-time data and transaction updates that can be shared with multiple parties. While the data improves, the costs of administration will diminish, leaving a greater percentage for distribution to the rights holders.

Robert Ashcroft, PRS for Music’s chief executive, added: “Establishing authoritative copyright data has long been a goal of PRS for Music and is one of the biggest challenges the industry faces.” The digital market requires real-time reporting on behalf of multiple stakeholders across the world, if the goal is to increase accuracy of royalty payments and release value for rightsholders.

If none of this makes sense to you, try to imagine the number of times a given song may be used somewhere in the world, and for the sake of argument, in a given year. A young person in Australia may synch the song to a homemade video, and post it; a music supervisor in California decides to use the song in a movie or it’s streamed a few million times by that many listeners. In each case, revenue should be generated for the rightsholders. In a paper world, it’s impossible.

However, the technology exists to accurately monitor and track each use, using algorithms. And now—using blockchain protocols—this data could be centrally stored and linked, and a methodology derived to instantly identify and distribute revenue to the rights holders.

We have long known that copyright was broken with the advent of the Internet. It appears that at long last, the system will be catching up to address proper monetization of what were before, illegal and unpaid uses. The sad part is, the technology has been there a while, but the will to utilize it was not. We have apparently turned that corner, for the benefit of musicians everywhere.