The Orchestra Committee’s Role in the Integrated Media Agreement

August 1, 2024

Deborah Newmark  -  Director of Symphonic Electronic Media

by Deborah Newmark, AFM Symphonic Electronic Media Director

It has been a few years since we last reviewed the orchestra committee’s role and responsibilities under the Integrated Media Agreement (IMA). We have a new 2023-2026 agreement, so it’s time for a refresher for long-standing members of the orchestra committee and to introduce these tasks to new committee members and local officers.

The orchestra committee (OC) has an essential role in the daily workings of the IMA. Those who don’t currently serve on a committee don’t have a responsibility here. However, this article provides a peek behind the curtain of what the committee does in this regard. It is meant to give a better understanding of what your representatives do on your behalf and let you consider whether you would like to do that work yourself someday.

The musicians in each orchestra are typically the longest-serving members of their communities. Our industry has a bit of a revolving door of management personnel. As soon as one manager is trained in the workings of the agreement, they leave and new staff who lack the experience needed to administer these agreements take over. It should come as no surprise that much of the in-house educating falls to our committees and locals who tirelessly represent the interests of the musicians in our orchestras.

Under the terms of the IMA, there is a collaborative working relationship between the employer and the OC, which is required to move many projects forward. In this model, the OC acts as the frontline representative, assuring that projects comply with the terms of the IMA and that the value of musicians’ work on electronic media is protected. So, how does this collaborative model work?

The most comprehensive area where this collaborative method is utilized is under Article X, the Multi-Platform Release. The employer must approach the orchestra committee well in advance of the probable live concert recording dates to discuss a potential project. If they come to the committee late in the process, it becomes incredibly difficult to evaluate the terms of the deal, ask questions, and ultimately, make educated decisions.

Other Areas of the IMA that Require Orchestra Committee Approval:

1. Allowing concert capture, even if a project isn’t pending
2. Allowing capture beyond the 40 minutes allowed for news and promotional projects
3. Approving study recordings for soloists, composers, conductors, dancers, choreographers, and stage and set designers
4. Approving the sharing of promo clips with co-commissioning orchestras and those who request a clip where no extant recording is available
5. Planning and approval of “donor gift” projects
6. Approving a limited number of qualified “nonclassical featured artist” projects
7. Approving opportunities to allow smartphone use in the concert hall
8. Handling specific issues regarding patch sessions
9. Reviewing revenue reports
10. 1Determining if a work qualifies as chamber orchestra repertoire to determine who gets paid

Article X projects are typically licensed to a third party for distribution. The financial deal with distribution partners determines how much revenue comes into the institution. Questions committees often ask are: Will the project generate revenue for both the employer and the musicians (or are they practically giving it away)? Is it in compliance with the terms of the IMA? Does the orchestra retain ownership and copyright? Is the committee okay with extending an existing license for up to five additional years?

The AFM and the Employers’ Electronic Media Association (EMA) have worked together to create an Article X Project Approval form that should make things easier for both management and the committee to do their work. The employer should fill out the form and provide it to the committee in advance of their deliberations.

Preparing the budget for the project is the first step in this process. The employer should also include the proposed repertoire, the economics of any proposed license for distribution, and the financial arrangements with the conductor and soloists. They should start the process at least four weeks in advance to give the committee time to ask questions and receive satisfactory responses to move the project forward, either via orchestra committee approval or, in some cases where it is required or determined to be needed, full orchestra approval. The form contains a signature line for the committee chair, once approval is either granted or denied.

The agreement has several new provisions that also require approval. One is a potential simultaneous stream of a live performance to any patron who has purchased a ticket for the live event. If approved, instead of coming to the hall, a livestream can be made available to the patron through a single access code that protects against unauthorized use. The livestream must remain under the ownership and control of the employer.

It is vital that committees not take this responsibility lightly as the agreement gives them oversight and approval rights that should always be exercised properly. But the OC need not go it alone—the AFM is always ready and available to assist.

The new multiemployer AFM/EMA version of the IMA (2023-2026) was ratified in December 2023. It runs through June 30, 2026. We are still in the process of obtaining signatories to the new agreement for orchestras who are individual employer signatories and not part of the EMA group of orchestras. Please contact us to set up a call if you are in an orchestra that is signed to an earlier version of the individual employer IMA and want to move to the new agreement. Also, contact us if you are in (or represent) an orchestra eligible to become a first-time signatory to the IMA. To be eligible, the employer must have a collective bargaining agreement (CBA) with an AFM local, which includes a tenured roster and, of course, there must be an orchestra committee to fulfill the responsibilities discussed in this article.

Responsibilities of the Orchestra Committee Under the 2023-2026 IMA

A full and detailed list of these committee responsibilities can be found in the Symphonic Services Division (SSD) Resource Center on the AFM.org website, under the heading Symphonic Electronic Media. The “Responsibilities of the Orchestra Committee Under the 2023-2026 IMA” document includes contract citations to assist you in finding the correct provision for review. A copy should always be nearby when the committee does its work. A copy of the IMA Project Approval Form for Article X projects is also available in the SSD Resource Center.

If you have questions, I can be reached at dnewmark@afm.org or via cell at 646-269-1823.

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