the littered landscape

After a bit of blow back from my response to David Stabler’s blog post about some restrictions on use of audio/video clips of union musicians for a feature article of Tomas Svoboda’s world premiere this week, I decided to follow some well-intended advice from one of my colleagues and get my facts straight.  So, as I learn what all is involved in actually recording a musician or ensemble for commercial or non-commercial use, I’m going to try to sort it out here on the blog, so that we all might be better informed about the landscape as it currently exists.ICSOM (the International Conference of Symphony and Opera Musicians, a subset of the American Federation of Musicians which represents all of the largest symphony and opera orchestras in the US) has published some of these agreements, and in their introduction to the fun-filled world of audio-visual contract language, they provide an overview of what’s currently out there.

First, the national agreements.  These have been negotiated between the AFM (national union) and a group of employers (such as the League of American Orchestras) or a national employer (such as NPR).  (Text from the ICSOM handbook).

National Agreements – Negotiated Between the AFM and a National Employer or Group of Employers:

SRLA – Sound Recording Labor Agreement (Agreement between the AFM and the major record companies. Many smaller labels are not at the negotiations but become signatory to the agreement. Some symphony orchestras have become signatories in order to create product for labels that are not themselves signatory.)

NPR – National Public Radio Agreement (Agreement between the AFM and NPR. Minnesota Public Radio has also been a signatory to this agreement.)

SOBOIAA – Symphony, Opera & Ballet Orchestra Internet Audio Agreement (Agreement between the AFM and orchestra employers.)

SOBAV – Symphony, Opera, Ballet Audio Visual Agreement (Agreement between the AFM and orchestra employers.)

SOBLRA – Symphony, Opera & Ballet Live Recording Agreement (Agreement between the AFM and orchestra employers.)

Agreements between the AFM (National) and Individual Local Orchestra Management for Single Project:

SLPA* – Symphonic Limited Pressing Agreement

RNC* – Radio-to-Non-Commercial Agreement

Let’s take a look at some of these national agreements and see what they’re all about (text from the ICSOM handbook).

SOUND RECORDING LABOR AGREEMENT

This agreement covers sound recordings (CDs, digital downloads) made both in studio sessions and as location recordings. Studio sessions (services called for recording purposes only) have a 3-hour minimum and permit 15 minutes of final product per session hour. All contracted musicians receive at least 2 hours payment for each session whether called to the session or not. Location recordings (taped at live concert performance) provide payment of one session hour for each 10 minutes of final product. Recordings made under this agreement provide musicians with additional payments from the Sound Recordings Special Payments Fund over a five-year period.

NATIONAL PUBLIC RADIO AGREEMENT

This agreement covers radio broadcasts produced for distribution by NPR and its affiliates and for non-commercial foreign distribution as well. There are two types of format: broadcasts of concerts (full programs), and segmented broadcasts, where individual works are excerpted from a concert and broadcast at different times (e.g. on Performance Today).

SYMPHONY, OPERA, BALLET AUDIO-VISUAL AGREEMENT

This agreement covers all audio-visual work (primarily Television, Home Video and audio-visual Internet) by orchestras who are signatory to this agreement. Payments for national television broadcasts have two components: an Imprint Credit which is paid for each service at which material is taped for use in the broadcast; and a First Release Payment which is based on the length of the broadcast. Imprint Credits are paid at the time of the taping and First Release Payments can be paid at the same time as the Imprint or at the time of broadcast, in which case the Imprint Credits are paid at a higher rate. A Local Oversight Committee (LOC), consisting of musicians and management, may agree to set terms and conditions for local broadcast and archival taping.

SYMPHONY, OPERA, BALLET INTERNET AUDIO AGREEMENT

This agreement covers audio-only distribution of material over the Internet. The terms of individual projects to be approved by a Local Internet Oversight Committee (LIOC) consisting of musicians and management. Certain minimums are established in this agreement. This agreement is currently being used for downloading and streaming only when no physical product (i.e. CD) is produced. The new Live Recording Agreement covers downloading and streaming if there is a CD produced.

SYMPHONY, OPERA, BALLET LIVE RECORDING AGREEMENT

This agreement covers location recording and archival tape use for recordings that remain the property of the employer. It is not available to third parties. Although the employer may make agreements with third parties to produce or market the product, the copyright must be retained by the orchestra. Management must share all details of the “deal” with the orchestra committee. Before it can go ahead, each project must be approved by secret ballot vote of the orchestra. Payment for these projects includes an upfront payment of 6% of weekly salary (minimum $80) for 15,000 units: additional payments of $10 per musician for each additional 1,000 units, revenue sharing, and a 10% AFM-EPF contribution on all wages including revenue sharing. Patch sessions are allowed using CBA overtime rates and/or SRLA patch session rates. This agreement covers the sale of CDs and downloads.

There are also local projects contracts, which use language provided by the union, but which are signed by the local orchestra’s management and the local union.

Local Agreements – Language from the AFM signed by Individual Orchestra Management and local Union for Single Project

Civic Projects*

Grant Tape*

Personal Use Tape*

Composer Personal Use Tape*

Conductor Audition Videotape*

Video Brochure*

Limited Videocassette Agreement*

The Civic Projects, Grant Tape, Personal Use Tape, Composer Use Tape, Conductor Audition Tape, and Video Brochure are all uncompensated agreements, meaning that the musicians are not paid any funds for these uses of recorded material, subject to the restrictions set forth in the language and guidelines of the agreement.  There are substantial penalties for unauthorized use (i.e., composer taking their Personal Use Tape and making a commercial CD or mp3 and selling it).

There are also local projects which do involve additional compensation of the musicians for usage of recorded materials.  These include the Symphonic Limited Videocassette (< 150 units), the Symphonic Limited Pressing Agreement (< 10,000 units), and the Radio to Non-commercial Agreement ( < 1,000 units).  These all involve taking recorded live performances and using those recordings for other purposes, both commercial and non-commercial.

You can find more information on these various types of media contracts at the ICSOM web site.

Next, how these agreements affect us musicians “on the ground” as it were…