Tag Archives: working musician

Travel Advice From the AFM for Musicians Flying with Instruments

August 17, 2015 IM

Making your Reservation

Ask for priority boarding. Request (or purchase) “zone 1” boarding, which will allow you early access to overhead stowage.

Inform carrier representative(s) that you are transporting a musical instrument. Carriers are required to inform passengers about any plane limitations and restrictions.

Rules relating to on-board stowage will apply to any instrument that meets FAA carry-on size requirements.

Packing & Carrying Your Instrument

Remove any sharp tools, like reed knives and end pins, and liquids that do not comply with TSA’s three-ounce regulation.

In case your instrument is not allowed in the cabin with you, be sure to have a proper travel case to avoid damage.

Board early: Overhead and under seat stowage is on a first come, first serve basis. Once an instrument is stowed in-cabin, it cannot be removed or be replaced by other bags.

Deal Calmly with Problems

If you are stopped by a flight attendant, calmly and quickly explain the precautions you have taken to prepare your instrument to safely travel in-cabin.

Be accommodating. Suggest placing the instrument in the storage area designated by gate and flight attendants.
If necessary, immediately ask to de-plane so that you can resolve this matter with airline supervisors.
Be prepared for the possibility that you may not be able to travel with your instrument in the cabin.

Study and follow guidance outlined in federal and air carrier online policy statements.

www.tsa.gov/traveler-information/musical-instruments

www.dot.gov/airconsumer/air-travel-musical-instruments

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

Local 257 All Stars a Hit at Nashville Summer NAMM

August 10, 2015 Bob Popyk

The National Association of Music Manufacturers (NAMM) held its summer trade show at Nashville’s Music City Center in July. NAMM, comprised of 9,200 member companies from 99 countries, is no small venue, and there were almost 500 exhibitors, 1,600 brands of instruments and accessories, and talent beyond belief. This year more than 13,000 people attended, including more than 500 Nashville Musicians Association Local 257 (Nashville, TN) members. Saturday July 11, NAMM opened its doors to musicians, songwriters, and sound and recording professionals during its Music Industry Day.

Local 257 NAMM booth with Danny Gottlieb, Local 257 President Dave Pomeroy, Membership Coordinator Rachel Mowl, International Musician Managing Editor Antoinette Follett, Bob Popyk, and Beth Gottlieb.

One of the highlights of the show was hearing the “Local 257 All-Stars,” a group AFM Executive Board Member and Local 257 President Dave Pomeroy put together for the NAMM Top 100 Dealers Awards program. The group consisted of Pomeroy on bass, super drummer Steve Turner, cool sax man Denis Solee, funky keyboardist Will Barrow, and versatile guitar and harmonica stylist Pat Bergeson, who was invited to Nashville many years ago by Chet Atkins to play in his band. Pomeroy is a kick-ass player himself and the group rocked. The special guest star was Local 257 member Duane Eddy, who had a string of hits in the late ’50s (“Rebel Rouser,” “Movin’ n’ Groovin’,” “Peter Gunn”), and still plays great to this day. The dealers loved it, and the Local 257 All Stars received as much applause and recognition as the dealers that were acknowledged.

The Nashville Musicians Association booth on the show floor drew a lot of attention. This was the perfect venue to educate people about the union. Pomeroy’s staff and volunteers answered many questions about the AFM and Local 257 and created a lot of buzz and interest in our union. AFM members did their part to make the AFM’s presence known and create some real musical excitement. NAMM CEO Joe Lamond said he was delighted to work with Pomeroy and Local 257, and looks forward to working with them again at next year’s summer show.

Local 257 All Stars, the house band at the Summer NAMM Top 100 Dealer Awards, consisted of (L to R) Denis Solee on saxophone, Will Barrow on keyboard, Steve Turner on drums, Dave Pomeroy on bass, and Pat Bergeson on guitar and harmonica.

Health, Resources

A Holistic Approach to Performance Preparation

July 31, 2015 IM

“Feeling nervous before a performance is normal,” says Dr. Richard Cox, a musician, music educator, and psychologist at the Colorado School of Professional Psychology.

A certain amount of “concern” is probably good, normal, and useful, Cox continues, but anxiety is a physiological hindrance to good performance.

When the nervous system registers “anxiety,” it has already started the process of trembling, shallow or rapid breathing, perspiring, and stomach discomfort.

If these physiological symptoms are present, the first note will not be at its best. Cox suggests in his book Managing Your Head and Body So You Can Become a Good Musician that the psychology and physiology of anxiety can be greatly reduced by paying attention to these basics steps:

Mental Preparation

Anticipation–This is a matter of mind imaging. Close your eyes and visualize the music on the page, you with your instrument, the group or accompanist with whom you are playing, and the audience. Create a small picture show in the front of your brain. If you have a difficulty doing this, close your eyes, find a “center spot” in the middle of the inside of your forehead, and picture the entire situation as if it were a cartoon being shown frame by frame.
Relaxation–The body responds to anxiety by tightening up. If you have difficulty relaxing naturally, there are simple exercises that help. For example: Sit in a comfortable chair, or lie flat on a bed. Close your eyes. Breathe slowly and regularly, very deeply, and count slowly from one to 10, breathing in and out very slowly on each count. Talk to yourself. Tell yourself that with each breath you will become more and more relaxed.
Performing in your mind–By going through the performance step by step you can anticipate surprise feelings. It is very much like anticipating the next note when we play. The best way to play the next note correctly is to anticipate how it will be executed and how it will sound within the context of the last note and then the next several notes.
Center on the message–It is important to remember the message we wish to send to the audience. The audience will not remember the “wrong” notes nearly as much as they will remember the communication. Think through how the music will send the desired message. Then by keeping that message in mind, we can allow the technical performance to call upon years of practice and musical preparation. Many great musicians memorize the actual music straight from the printed page in their head, while humming it, and actually doing the fingering manually, then they put it all together in their mind, and only then on the instrument.
Center yourself–Get in touch with your emotions. If you are preoccupied, the music will show it. It is absolutely necessary to “get lost” in the music, otherwise you become a show person, not a musician. The “centering” technique discussed under Anticipation will work here. Deep meditation is also helpful as this aspect of mental preparation requires whole brain activity. You should be keenly aware of the intellectual and emotional demands upon you and the alertness and confidence you have stored up during practice. Fifteen minutes of meditation with relaxation, twice daily, is a tonic that cannot be equaled by medicine!

Physical Preparation

General health–Keeping one’s body in tone is essential to best performance. After all, the instrument is only an extension of your inner self. If you feel well physically, you will communicate better. It is surprising how many musicians abuse their bodies with inadequate exercise, too much caffeine, alcohol, tobacco, illegal and prescription drugs, and excess weight.
Nutrition–You are what you eat. Food plays a far more important role in good performance than most musicians acknowledge. Too much sugar, excessive caffeine, and excess fats are only a few of the things to avoid. Regular eating is difficult for professional musicians due to performance times, travel, and scheduling. However, it is important to keep your blood sugar level under control and within normal limits at all times.
Sleep–Loss of sleep produces serious effects. In fact, tiredness is only a symptom of the real problem–dream deprivation. When we do not sleep regularly, we develop sleep habits that skip important phases of sleep. One of these phases is the stage in which we dream. Dreams are essential for the repair of our entire thought process system. It also is particularly difficult for many musicians to obtain enough sleep before midnight. Research has shown that one hour of sleep before midnight is worth two hours after midnight. Some performers turn to medication and drugs to help them, but sleep that comes as a result of chemicals is not natural and does not produce the same beneficial results.

Other Considerations

Beta Blockers–All medicines are drugs and have both beneficial and harmful effects. Medicines containing beta blockers are used by some musicians to control stage fright. However, these medicines work by blocking certain impulses to the heart and can have profound effects upon the heart and nervous system that controls the entire cardiovascular system.
Other Medicines–The side effects of common medicines can dry you out (diuretics), make you drowsy (antihistamines), make you jittery (some cold and flu medications), cause nausea (some antibiotics), and some keep you awake. There are thousands of side effects of medicines you need to take into account. Medicines can also become a habit, both psychologically and physically. Be sure to discuss all the side effects of any medication you take, whether prescription or over-the-counter, with your doctor.
Doctors–Be sure your doctor knows you are a musician and understands that treatments and medications can effect your ability to study and perform. When undergoing surgery, if at all possible, request local anesthetic. General anesthesia puts the nervous system of the whole body to sleep and usually requires considerably more time to “bounce back.”
Dentists–If you are a wind instrument player, remind your dentist that your lips need to be treated gently. Even small changes in tooth structure, muscular ability, dry mouth, and myriad other considerations can effect your playing.
Your Brain & Music–Thinking about how your brain functions when you produce music will help you balance your artistic interpretation with your technical abilities. The two sides of your brain are called “hemispheres.” The left side is known for its analytical functions–putting the technical aspects of playing together. It is where we have logic and order. Right brain activity is emotive, artistic, romantic, and creative. Learning to truly listen to and appreciate what music does to the psyche and the soul is important to the right side of the brain. When the brain is functioning as a whole–connected by the structure that bridges the hemispheres, called the “corpus callosum”–you are in a great place to artistically perform with correct technique.
The Whole Person–The concept of wholeness, or holistic thinking, encompasses the mind, the body, and the spirit. It includes what you think, what you do, how you feel, what you believe, how you relate to others, and many other aspects of your total being. The concept seems rather esoteric at first, until you see how you fit into it. You cannot appreciate the role of music in everyday life, and your role as a musician, until you understand the meaning of the whole person. Once you grasp that concept it will be amazing how much easier it is to communicate with others and allow your music to touch the lives of others.

Adapted from Managing Your Head and Body So You Can Become a Good Musician, by Dr. Richard H. Cox, Colorado School of Professional Psychology Press, Colorado Springs, CO, 2006.

Electronic Media Services

52-Week All Media Cycle Addition in Commercial Announcements Agreement

July 29, 2015 IM

by Maria Warner-Dowrich, Contract Administrator, AFM Electronic Media Services Division

There’s a new addition to the AFM Commercial Announcements Agreement. At the end of negotiations of the Commercial Announcements Agreement, June 5, 2014, the American Federation of Musicians and the Joint Policy Committee (JPC) agreed to add a new 52-week cycle in the all media initial use cycle and re-use cycle.

Under the new contract, with effective dates June 5, 2014 through June 4, 2017, the advertiser has the option to choose the 52-week cycle in all mediums and is not locked into any one or “sole” medium in any one cycle. These mediums include, but are not limited to television, radio, Internet, nonbroadcast, and foreign use.

Should the money savvy advertiser elect to choose the new all-media 52-week initial use cycle, they will save both monetarily and in terms of paperwork. But the main advantage of choosing this option is, the ability to use the AFM agreement as opposed to using the licensing agreement, and in so doing, the musicians immediately receive large pension and health and welfare contributions. The agreement will also provide a substantial upfront pay scale for musicians.

The all media payments are in addition to the appropriate minimum session fee payments (e.g., the one-hour session rate is $127.20 per side musician, etc.) The rates due arrangers, orchestrators, and copyists may be found in the music preparation section of the Commercial Announcements Agreement. Also applicable to session fee payments are: 16.5% pension fund contribution and $26, plus 6% health and welfare fund contribution. If the 52-week all media cycle is exercised, the additional payments (beyond the session fees) per spot, are $1,245 per side musician and copyist, with double scale for leader, contractor, arranger, and orchestrator, plus 16.5% pension and 6% health and welfare contributions.

If the advertiser elects a second 52-week all media cycle that payment is $933.75 per side musician and copyist, with double scale for leader, contractor arranger, and orchestrator, plus 16.5% pension and 6% health and welfare contributions. It’s the perfect fit for the busy advertiser looking to present a product in all media.

The attractive attribute of the new addition is flexibility to pick and choose, and mix and match the varied mediums covered under the Commercial Announcement Agreement for the applicable 52-week-cycle (one full year), and not three 13-week re-use cycles or 39 weeks in one medium, as provided in the previous agreement that was effective 2009-2012 and extended.

The new 52-week all media cycle agreement is thoroughly a win, win for all. But, it’s your call and we are here to assist!

5 Sound System Mistakes Club Musicians Always Make

July 28, 2015 IM

By Kent Ashcraft, Local 161-710 (Washington, DC)

Most engagements musicians play these days require some sort of sound system to amplify vocals, instruments, or both. Some musicians can afford to hire a professional sound company to transport and operate the equipment. If you’re one of them, congratulations; you don’t need to read the rest of this article.

However, if you are someone who runs your own gear, you may need this information. It’s been my experience that most musicians have inadequate knowledge of basic acoustical principles.

After all, sound engineering isn’t what you’re trained for. As someone with a good deal of practical experience and theoretical knowledge in this area, I have described the five most common mistakes musicians make when choosing and operating their sound equipment.

Mistake #1: Inadequate amplifier power. Most speakers come with a “continuous power handling” rating, expressed in watts. It’s natural to think of that as the maximum continuous power an amplifier can have in order to drive the speakers safely, and that using a more powerful amp will risk burning out the drivers.

Actually, the exact opposite is true. For technical reasons I won’t go into here, your speakers are more at risk if your amp isn’t powerful enough. Today’s speakers can handle a remarkable amount of clean power–the key word is “clean.” The higher the power rating of an amp, the more “headroom” it has, and the less distortion. I recommend using a speaker’s power rating as a minimum when choosing an amplifier to drive it.

Mistake #2: Mounting the speakers too high. Ever since the introduction of tripod speaker stands, it seems that many people have an urge to run them up to maximum height, thinking it somehow will prevent the sound from being too loud for the patrons. That’s what your volume control is for, not your speaker stands. Where the speakers are concerned, the basic principle is that you want the audience to hear them directly.

A typical speaker projects sound in a flattened cone pattern, about 90 degrees horizontal by 50 degrees vertical. You should visualize that coverage pattern, and mount the speakers so that the maximum number of ears are within it. Mounting the speakers eight feet in the air will generally result in most of the audience hearing only reflected sound from the room, which is much less clear.

Mistake #3: Trying to fix the room. Ninety eight percent of the rooms you will play in sound horrible. The bad news is that short of calling in contractors to rebuild them, there’s absolutely nothing you can do about it, and if you try, it will only make matters worse.

The good news is that the sound of the room isn’t nearly as important as you may think. Here’s why: Psychoacoustic research has shown that the human ear has the ability to separate direct from reflected sound, and that the brain will focus on the direct sound. It’s related to the phenomenon whereby if you close your eyes at a cocktail party, you can still pick out individual conversations around the room. So assuming that your speakers are mounted correctly, a person in the audience will perceive the direct sound of the speaker independent of the awful reflected sound in the room. If you try to notch out room peaks with an equalizer, you’ll make the room sound better by making the speaker sound worse, yet the sound of the speaker is what’s really important.

Mistake #4: Using EQ because it’s there. Mixing boards almost always include equalizers (EQ), which boost or cut specific frequencies. There are two reasons for this: One, there are rare occasions when you actually can benefit from them (mostly on instruments). Two, and more important, people are used to seeing them and therefore want them. And since they’re there, many believe they should use them.

The fact is that all microphones are designed to be heard with the EQ “flat.” If you buy the right microphones (as you should), they will sound the best with no EQ at all. Buying an expensive vocal mike and then boosting certain frequencies is like covering a prime filet mignon with ketchup. Ask any good recording engineer how he uses mikes in the studio, and he’ll tell you that he gets the sound he wants by mike choice and placement, using EQ only a last resort.

Mistake #5: Getting too fancy. If you’re running the system yourself, simpler operation is always better; after all, you have to play your ax as well. I don’t know how many times I’ve seen leaders do an extensive sound check before the gig, only to constantly fiddle with the controls on stage, making the sound progressively worse amid howling feedback.

If you use the same basic instruments and vocals on most of your jobs, you should only have to do one initial sound check, after which you should make notes of all the settings and leave them right there on future gigs.

The only thing that’s going to change is the room, and you can’t fix the room with the PA. Set all similar vocal microphones the same unless you have reason to do otherwise. If you’re running monitors, resist the temptation to use customized mixes for different people unless you have a compelling reason to do so.

In my experience, the most effective monitor mix is usually what is going into the mains, because it gives people the best sense of overall balance. The times I have heard people complain the most about what they hear from their monitors have invariably been times when multiple mixes are being used. Make it easy on yourself and keep it simple.

Running a sound system or obtaining good sound doesn’t have to be difficult. And certainly these are things you’re best off not having to worry about on the job, when you have clients to please, tunes to call, time to keep track of, and so on. If you avoid these five common mistakes, you will make your gig life easier, and your group will sound a lot better.

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.

Traveling Musician

Problems Crossing a Border with a Criminal Record

July 24, 2015 IM

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

Even a minor criminal conviction can cause you to be turned away from a border crossing. Many musicians are surprised to find out that their criminal record prevents them from traveling overseas for work. I received this letter from a reader:

Our performing group will be crossing the border in July and I am concerned because of several misdemeanors I committed many years ago. I’m worried that I may be stopped at the border. What would you suggest?

First of all, everyone should realize that border crossing officials do have access to criminal records, so this is not something you can hide or ignore when you try to cross. Attempting to cross a border without declaring your arrest record can result in permanent entry ineligibility, detention in the US, or refusal of entry into Canada.

Canadian citizens with a criminal record should contact the Customs and Border Patrol office at their intended port of entry well in advance of their travel plans to determine if their criminal record will make them ineligible for entry without a waiver of ineligibility.

Factors that influence your ineligibility to enter a country include the number of offenses, the severity of the offenses, how long ago the offenses occurred, whether or not a criminal sentence was served, and if a parole or was pardon granted. The severity of offenses is determined by the criminal code of the country you are trying to enter. The Canadian Criminal Code defines a serious crime as one punishable by a maximum prison term of at least 10 years. Being granted a pardon in one country does not guarantee you will be pardoned in another country. Each case is reviewed by border officials who make the final entry determination.

Canadians entering the US, should take a copy of their conviction with them and show it to the Customs and Border Protection (CBP) Officer. If the conviction was for a minor offense, the CBP Officer has discretionary powers to allow entry into the US. If your criminal record makes you ineligible for entry, then you may apply for a Waiver of Ineligibility (Form I-601). There is a fee and the process takes several months. Non-Canadian citizens must apply for a visa to enter the US, and then apply for the same Waiver of Ineligibility. An interview at a US embassy or consulate is also required.

Americans entering Canada with previous offenses, such as Driving Under the Influence (DUI), may be treated differently in Canada. Americans attempting to cross the border into Canada with a DUI, DWI, OUI, W&R, etc., will require either a Temporary Resident Permit (if the offense occurred in the past five years) or an application for Criminal Rehabilitation (if the offense occurred more than five years ago). For more information on the Temporary Resident Permit click here. For an application for Criminal Rehabilitation click here. Dealing with these options can take up to a year.

There are exceptions, however. If the offense occurred more than 10 years ago and no jail time was served, Canadian border officials may deem an individual to be rehabilitated and allow entry and/or the issue a Temporary Resident Permit at the border, if there are compelling or urgent circumstances to allow entry. Obviously, the border officials will weigh your need to enter against the security risks to Canadian citizens.

Know the rules and your options before you try to cross a border with a criminal record.

—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.

Electronic Media Services

Protect the Product: Don’t Skip the “Red Tape” of Union Requirements

July 20, 2015 IM

by Patrick Varriale, AFM Electronic Media Services Division Director and Assistant to the President

In the old days, we would refer to it as protecting the tape, but with new technology, protect the product seems more appropriate. No matter what the terminology, it is as important today as it ever was.

It seems as if we have been writing articles on this subject matter since the dawn of time, but it is always worth repeating. When you are called to a recording session the first two questions you should ask are: 1) What type of recording project am I being called for? and 2) Who is the responsible party? Then, check to be sure the company is signatory to the proper AFM agreement, which you can do by contacting your local or the AFM.

The most common type of recording is a CD release. In that instance, you want to make sure:

1) That the company engaging you is currently signed to the AFM Sound Recording Labor Agreement (SRLA), or is a label under a major signatory, so that the recording activity of the record company is covered. (If the recording project is on a smaller scale, a limited pressing agreement may apply).

2) That an AFM B-4 report form is completed listing your services (guitar, bass, keyboards, etc.). If you performed overdub services, as opposed to doubles, you should be listed separately on the B-4 for each instrument. This will ensure that you receive proper payments from the Sound Recording Special Payments Fund for each of the next five years.

If your “product” is licensed for use in a new medium such as a theatrical motion picture, television film, or commercial announcements, you will receive the appropriate new use payments required by the SRLA. (See “Top 10 Reasons to Record AFM”). New use payments could end up being worth much more than the original scale payments you received.

Many times we hear that the musicians were advised to forgo the filing of a B form in an effort to get paid more quickly, rather than going through the “red tape” of union requirements. Believe me, the red tape is worth it to ensure that your services are properly covered.

We have heard many hard-luck stories from musicians who sometimes received more than scale “up front,” but now see their product being used repeatedly and are unable to pursue the extra payment that they would have been entitled to through the Federation’s process. Musicians who were victimized in this way tell us that they will never make that mistake again.

Here are a couple precautions pertaining to live recordings:

If you will be participating at a concert that will be recorded, you should contact the local where the live event will be held to see if a standard contract is in place to cover the live work. This is highly important because the live performance contract contains language that requires the “purchaser” to see to it that a written agreement is in place for the recorded performance.
Check the annual statement you receive from the pension fund to confirm that the work you performed is properly logged into the system. Check for any discrepancies and report them to the local as soon as possible. This will give the local and the AFM an opportunity to review inaccuracies and correct them. If you haven’t received this important statement because you have moved, please contact a representative of the pension fund and provide them with your current address.

Your product and artistry contributed to the recording. You should see to it that your valued services receive the optimum protection.

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.