Recording Union

[Wally Malone]

Every now and then there are questions posted regarding this "business of music" that sooner or later we face as we become more involved in our music. Has anyone here recorded under an AFM recording agreement, including possibly jingle work, movies, television, or as a sideperson for someones CD? Are you hip to new use or reuse payments, special payment funds, or penison paid on these contracts? I'll be happy to answer any questions and shed some light on this area.

[raintreemayor]

This is very important but no one is asking anything.

 

So I will. Do you have a website?

 

Can you post a copy a copy of a Union contract to show the advantages of recording on someones CD through the Union as opposed to "Well man, we can't pay you but when the record starts selling we'll break you off!"

 

Plus the advantages of a pension plan. Most pop/rap acts hiring musicians as independent contractors and they don't like to use Union guys. A friend plays with a big R and B legend who's 70's hit was recently remade by four ladies for a film. And he's an independent contractor. So it would great to show how you can beat this mentality.

[zujo]

Wally this is an awesome thread!

 

If you know much about this and could at least direct us to places where we can also get our questions answered It would be nice! The union is such a catch 22 situation, and we all need to learn more about it.

 

All I know is that in California to join you have to have professional credits, but you can't get professional work if youb are not in the Union!

[Wally Malone]

Recording Agreements are a very complex issue being that for each type of recording the parameters are negotiated with that particular part of the industry. It seems like a good place to start would be what is referred to as the Phonograph Agreement even though the medium now is distributed mainly as CDs, although as we have seen the delivery systems of music are always changing. One must keep in mind that the rates that are discussed below do change. As I write this there are negotiations happening with the Record Industry as the current agreement expires January 31, 2002.

 

There are four levels of Phono Agreements in the AFM, 1) the Bandstand Agreement 2) Limited Pressings

3) Phono Agreement 4) Low Budget Phono Agreement.

 

1) The Bandstand Agreement is in place for those who are in a self-contained group that is run as a partnership. This is used for groups who are mainly selling their product from the bandstand and share in any profit that may be made or where the money from sales is put back into their product. One advantage to this agreement, and I have seen this one happen, is that a radio station likes the song and uses it on one of their locally produced commercials. In a case such as this by having an AFM agreement the AFM Local where it is filed would go to bat and fight for your pay for that use. Other uses could include TV and Motion Pictures. Another advantage would be if one of the members took that master recording moved to another area had it pressed again and started selling them the other musicians involved could grieve that through the union.

 

2) Limited Pressings is a recording agreement that allows for up to 10,000 units. The rates for this agreement are set by the Local Union however the recommended rates by the International AFM are $40 per hour with a two hour minimum (as an example Local 153 in San Jose has a $50 per hour rate). The standard is 5 minutes per hour of finished product, so you can see that there could be much more made for a whole CD. In addition a 10% contribution is made on behalf of the musician by the employer to the American Federation of Musicians & Employers Pension Fund and a health and welfare payment which rate is set by each local (in San Jose it is $6.00 per service). If a local does not have an H&W plan it is paid directly to the musician. This agreement as all AFM contracts has the protection of new use (other media) or reuse. If a subsequent pressing exceeds the 10,000-unit limit the musician is upgraded to the National Phono Agreement.

 

3) For the National Phonograph Agreement the current rate is $313.45 for a three-hour session in which 15 minutes of finished product may be used. For sessions of 3 1/2 hours with 20 minutes it is $417.93, for 4hours/25 minutes $522.41, for 4 1/2 hours/30 minutes $626.89, and for 5 hours/35 minutes $731.37. The leader on these sessions is paid double. As with all of the AFM recording agreements the employer makes a pension fund contribution of 10%. In addition the H&W payment on this agreement is $17.50 for the first original service and $14.00 for each additional service that day. The record companies signed to this agreement also contribute, based on sales, to the Phonograph Records Special Payment Fund and the Recording Industries Music Performance Trust Funds. The later is a fund that is distributed throughout the U.S. and Canada to help co-sponsor live performances that are free and open to the public. This fund is administered through the AFM locals. Once you have recorded on this agreement a musician will share in the Special Payments Fund for a five-year period. These shares are calculated by the amount of wages earned during a given year. The first year shares are paid at 100% per share with reductions of 20% each year for the remainder of the 5 years. As with all AFM agreements if this recording is used in another medium the appropriate wages and fringe benefits of that particular agreement apply.

 

4) The Low-Budget Phono Agreement falls in between the Limited Pressings and the full-blown Phonograph Agreement in number 3 above. The company signs onto the same agreement but must submit a budget that would fall into parameters and be pre-approved by the American Federation of Musicians to utilize the lower rates. When using this agreement the employer would still be required to pay pension and health & welfare and the new use and reuse would still apply.

 

As said at the beginning of this post this is just one area of AFM recording agreements. Ill incorporate other agreements in future posts.

[Wally Malone]

Zujo, there are no credit requirements for joining the musicians union. Those kind of requirements are for joinging the Screen Actor's Guild. One may join the AFM by paying the Federation Initiation Fee of $65 plus whatever that particular local's initiation fee (can range anywhere from $10 - $200) plus one quarter's dues which varies from local to local. The Federation's initiation fee is waved for those under 21 and also for those attending a credited school. Local's have the autonomy to waive their local initiation fee as well in both those circumstances. The San Jose local honors those wavers.