MEMBER COMMENTARY / PENSION / BMI FILING / EVENTS

8/17/17

I. MEMBER COMMENTARY
II. AFM VS CANADIAN AFM PENSIONS
III. BMI FILING
IV. EVENTS

…Absolutely guaranteed anonymity – Former Musician’s Union officer

…The one voice of reason in a sea of insanity – Nashville ‘first call’
scoring musician
…Allows us to speak our minds without fear of reprisal – L.A. Symphonic musician

…Reporting issues the Musicians Union doesn’t dare to mention – National touring musician

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I. MEMBER COMMENTARY

Have you seen this?

The good old boys get together to promote what local 47
TOOK OVER AFTER an RMA Leader’s FAILED ATTEMPTS
YEARS AGO.

Now a certain leader of the RMA entering the picture again.
He is such a hypocrite in his comments as follows:

“If we can get the state to invest in those projects, we can be
competitive, and give composers access to the top musicians,”

RESPONSE: “TOP MUSICIANS”? What is a top musician?
News Flash: Not all excellent world class Los Angeles musicians
are RMA members. (the established RMALA line of doing business)

RMA provided Variety with a list of 2015 releases scored outside
the U.S., five of which were among the year’s 25 top-grossing films.
(“Avengers: Age of Ultron,” “The Martian,” “Mission: Impossible –
Rogue Nation,” “Mad Max: Fury Road” and “Kingsman:
The Secret Service”) that, had they been scored here, would
have generated wages and residuals totaling nearly $18 million
for the insiders.

RESPONSE: HAD THEY BEEN SCORED IN L.A. THE RMA LEADER
WOULD MAKE SURE THE $18 MILLION WOULD ONLY GO TO
THE SO-CALLED “TOP” MUSICIANS.

In any given year, according to Los Angeles RMA chapter
president Steve Dress, L.A. musicians earn an estimated
$10 million to $12 million in wages for movies, and passage
of this bill could bring in another $5 million annually.
“It would transform our community,” he says.

RESPONSE: FOR WHO? AND JUST HOW MANY DIFFERENT
INDIVIDUAL MUSICIANS WOULD BE HIRED??

It’s also in the indie arena where minority composers and
women composers are working more steadily, Acosta
points out. This could benefit them and promote diversity
in film music.

RESPONSE: Why doesn’t the RMA leader just say TOP
COMPOSERS. Yet he mentions minority composers and
woman composers making it a level field for composers
but not all musicians have the opportunity to be hired.

How about promoting DIVERSITY IN HIRING
PROFESSIONAL RECORDING MUSICIANS???

THE RAM LEADER, CONTRACTOR AND THE
BUNCH ARE JUST DROOLING TO GET THEIR
MITS ON THAT MONEY.

If the State of California passes this bill it
should include that not all the monies the State
of California receives can benefit only a
‘set group’ of musicians over and over again
controlled by the RMALA.

Disregard how many musicians wages received when
only ones hired are the protected RMALA gang each
time. Otherwise only a relative few musicians
would prosper. Game over, were back where we
started 30 years ago.

Musicians’ Union Backs Legislation to Return Scoring Jobs to L.A.

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II. AFM VS CANADIAN AFM PENSIONS

Comparing the AFM’s Two Pension Funds:
Our AFM-EPF vs. Musicians’ Pension Fund of Canada

While researching the dramatic deterioration of our pension
fund, Musicians for Pension Security (MPS) continues to be
deeply troubled by how, compared to other pension funds
in our industry, ours is performing so poorly. Our trustees
cite declining demographics, unsatisfactory industry
dynamics and changing mortality tables. But a peer AFM
musicians’ pension fund, Musicians’ Pension Fund of
Canada (MPF Canada), is quite healthy, despite the fact
that it is subject to the exact same factors cited by
AFM-EPF trustees.

Just like our pension fund, MPF Canada contributions are
negotiated with employers by the AFM and written into
collective-bargaining agreements. So why are they over
100% funded (MPFC’s 2016 report), and we continue to
slide into deeper despair each year? Currently the AFM-
EPF is 69% funded.  (Annual Funding Notice) Is it possible
that the Canadian trustees are simply more competent
than our U.S. counterparts? The numbers speak for
themselves: MPF Canada’s investment performance is
far better than ours with 11.3% average returns over 5
years, vs. 6.9% for the AFM-EPF. In addition, MPF
Canada’s expenses are less than half of the AFM-EPF’s
with .62% of assets under management vs. 1.37%
for AFM-EPF. The Canadians are paying half as
much to generate twice the return of investment.
Looking back to a pivotal year for all funds, during the
financial crisis of 2008, the Canadians performed far
better than the AFM-EPF. Our plan lost 29.3% in the
single fiscal year ending March 31, 2009, while the
Canadian plan lost only 1.77% during the same period.

This raises the question – are there variables to explain
why MPF Canada has continually outperformed the
AFM-EPF, like benefit levels, mortality rates, retirement
age, demographics, or industry dynamics? In short, the
answer is no. The benefit multiplier* for MPF Canada
has been $3.25 since January ’11, while the benefit
multiplier of the AFM-EPF has been $1.00 since
January ’10. Additionally, demographics for the
Canadian plan face worse conditions: only 32% of
plan participants are active union members in
Canada, vs. 42% of AFM-EPF members in the
USA. Furthermore, employer contributions are
far less in the Canadian fund, and mortality rates
in Canada are less favorable financially to
beneficiaries because Canadians simply live longer than Americans.
It appears that the trustees’ judgment and experience
are significant determining factors between the two
funds. It’s clear that when compared to MPF Canada,
the AFM-EPF’s performance over the last decade has f
ailed. In fact, the Executive Director of MPF Canada
released a public statement distancing themselves
from the AFM-EPF’s performance (referring to
President Hair’s article in the May ’17 edition
International Musician), stating “this article is
not relevant to the Musicians’ Pension Fund of
Canada” (read Ms. Versteeg-Lytwyn’s full letter
here). The AFM really has two parallel pension
funds – one in the US, and the other in Canada.
They are operated similarly, face the same
declining demographics and other variables, but
still they produce completely different results.

Why? This is the question the AFM-EPF trustees
need to answer.

*In a defined pension plan the method for arriving
at guaranteed monthly benefits includes years of
service, average salary and a benefit multiplier.
The multiplier is applied to years of service and
the average salary to determine the size of the
benefit amount.

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III. BMI FILING

Dear BMI Member,

As you know, BMI has been engaged in ongoing
litigation with the U.S. Department of Justice (DOJ)
over its interpretation of our consent decree. The
DOJ wanted to implement a 100% licensing model,
which BMI fought against in court last summer and
won. In a victory for the entire music industry, federal
Judge Louis Stanton ruled that BMI is free to continue
its longstanding practice of fractional licensing. The
DOJ appealed that decision, and as part of the ongoing
briefing process, today BMI filed its response.

You can read our brief here.

You’ll see that our brief focuses very specifically on the
language of BMI’s consent decree and whether or not
it allows for the practice of fractional licensing.  This is
because the language of our decree was the basis for
Judge Stanton’s favorable ruling and is our strongest
argument in this appeal.  We believe Judge Stanton
got it right, which is why we continue to vigorously
defend his position.

We expect the appeal process to continue into 2018
and we will, of course, keep you updated on next steps.

I realize that many of you may have questions about
100% vs fractional licensing and what this means for
all of you.  Please click here for an updated Q&A that
helps explain the issue and where we are in the process.

I’d also like to share the below statement that was
issued today to the press regarding BMI’s brief:

“BMI’s appeal argument is extremely simple in that it
comes down to the language of our decree.  As Judge
Stanton clearly stated, there is nothing in the BMI
decree that prevents us from engaging in the industry-
wide practice of fractional licensing.  What is not
simple, however, is the impact the DOJ’s interpretation
of our decree would have on the marketplace.  It would
stifle competition, hinder collaboration and unfairly benefit
music users at the expense of the American songwriter.
As always, we hope for the opportunity to sit down with
the new leadership of the DOJ to educate it about the
negative ripple effect its 100% licensing interpretation
would have on the entire music industry.”

Mike O’Neill
President & CEO
BMI

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IV. EVENTS
DEAN AND RICHARD
are now at Culver City Elks the first 
Friday of 
every month.
7:30pm-10:30pm,
11160 Washington Pl.
Culver City, 90232
310-839-8891
————————————-
LA WINDS JAZZ KATS 584
NO COVER, NO MINIMUM.
Every 2nd and 4th Tuesday of the month at
Viva Cantina
7:30-10:00.
900 Riverside Drive, 
Burbank.

Free parking across the street at Pickwick Bowl.
Come hear your favorite charts played the way
they 
should 
be. 

We are in the back room called
the Trailside Room. 


Come on down.

Guaranteed to swing.

http://www.responsible47.com

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8/19/17

From Charlie Ferguson

This is to let you know that my sextet will be
performing at Bar Fedora in downtown Los Angeles
on Saturday, August 19, as part of Cathy Segal-Garcia’s
Saturday Night Jazz concert series. This venue (which
also hosts occasional concerts on Friday nights) has
recently celebrated their 100th concert since being
established in January 2016, and we are thrilled and
proud to be a part of it. This will be a fun program of
my arrangements of jazz standards and original
compositions. Details below:

Charlie Ferguson Sextet
performing live at
Bar Fedora (at Au Lac Restaurant)
710 W. 1st St. (corner of 1st and Hope,
across the street from Disney Hall)
Los Angeles, CA 90012

Saturday, August 19, 2017
7:30 – 11:00 PM (2 sets)
Tickets: $10-$30

Charlie Ferguson – piano
Gene Burkert – tenor and soprano sax
Ron Stout – trumpet and flugelhorn
Scott Whitfield – trombone
Chris Conner – bass
Bob Leatherbarrow – drums

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8/19/17

AN EVENING WITH ALEX NESTER

Event to be held at the following time, date, and location:
Saturday, August 19, 2017 from 7:30 PM to 9:30 PM (PDT)

Sessions at the Loft
2465 Ventura Blvd
Camarillo, CA 91320

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8/22-29/17

RESERVE YOUR SEATS NOW
AUGUST 22nd, 25th, 27th, 29th
SEPTEMBER 9th, 11th, 12th
Each Evening at 7:30 pm
MALIBU COAST MUSIC
FESTIVAL 2017

Intimate Musical Soirees with
Old World Hospitality and Charm
Presenting Extraordinary Concert Artists
and Distinguished Speakers

Seven Evenings of World Class Music Making
Each Concert Featuring
Unique Programming & Artists

Tickets and reservations are available at
www.malibufriendsofmusic.org

RESERVE ONLINE
www.malibufriendsofmusic.org

PHONE RESERVATIONS:
(310) 589-0295

Featuring Festival Artists from
Across the Nation and the World
Performing Exceptional Works of
Antonin Dvorak, John Corigliano
W.A. Mozart, Antonio Vivaldi
Alberto Ginastera, Alfred Newman
Frederick Chopin, Astor Piazzolla,
Maria Newman, Scott Joplin,
Randy Newman, William Bolcom,
George Gershwin

FESTIVAL PROGRAMS

Tuesday, August 22nd at 7:30 pm
MONTGOMERY ARTS HOUSE FOR
MUSIC AND ARCHOTECTURE
MAHMA Great Room
“CHAMPAGNE GALA OPENING CONCERT”

Friday, August 25th at 7:30 pm
MONTGOMERY ARTS HOUSE FOR
MUSIC AND ARCHITECTURE
MAHMA Great Room
“FRIDAY FOLKLORE & ANCIENT ANTIPHONS”

Sunday, August 27th at 7:30 pm
MONTGOMERY ARTS HOUSE FOR
MUSIC AND ARCHITECTURE
MAHMA Great Room
“MARVELOUS MOZART, TANTALIZING
TANGO, AND A TRAVELING SALESWOMAN”

Tuesday, August 29th at 7:30 pm
MONTGOMERY ARTS HOUSE FOR
MUSIC AND ARCHITECTURE
MAHMA Great Room
“WONDERFUL AND WILDE”

Saturday, September 9th at 7:30 pm
MONTGOMERY ARTS HOUSE FOR
MUSIC AND ARCHITECTURE
MAHMA Great Room
“SONGS FOR SOLDIERS”

Monday, September 11 at 7:30 pm
MONTGOMERY ARTS HOUSE FOR
MUSIC AND ARCHITECTURE
MAHMA Great Room
“IN REMEMBRANCE”

Tuesday, September 12th at 7:30 pm
MONTGOMERY ARTS HOUSE FOR
MUSIC AND ARCHITECTURE
MAHMA Great Room
“FANTASTIC FESTIVAL FINALE”

MCMF 2017 Festival Artists:
Nicholas Goluses, classic guitarist
Miko Kominami, pianist
Eric Kutz, cellist
Paula Hochhaler, cellist
Hal Ott, flutist
Christina Borgioli, soprano
Nandani Maria Sinha, mezzo soprano
Diana Tash, mezzo soprano
Wendy Prober, pianist
Maria Newman, Composer-in-Residence
and violinist
Scott Hosfeld, Music Director/Conductor
and violist
Malibu Coast String Quartet
Members of the
Malibu Coast Silent Film Orchestra

For more information on the
Malibu Friends of Music
please visit: www.malibufriendsofmusic.org

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Wu Nation,

We will be appearing at Rusty’s Surf Ranch on Saturday,
August 26th 2017, starting at 10:00 pm and will play two
sets of your favorite Steely Dan tunes!  We want this to
be a fun evening for all, so please bring your friends
along and enjoy a great time with us.

The line up for this show will be:

Tony Egan: Lead Vocals
Leigh DeMarche: Vocals
Jodi Fodor: Vocals
Gil Ayan: Guitar
Steve Bias: Bass and Vocals
Roch Bordenave: Trombone
Jeff Dellisanti: Saxophones
Mark Harrison: Keyboards
Frank Villafranca: Saxophones
Kurt Walther: Drums

Rusty’s Surf Ranch
256 Santa Monica Pier
Santa Monica, CA 90401
(310) 393-7437
http://www.rustyssurfranch.com/

We look forward to seeing you there!
The Doctor Wu Band
http://www.doctorwuband.com/
https://www.facebook.com/doctorwuband

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8/27/17

SUNDAY’S LIVE with Susan Greenberg
and friends.

Hi. Please join us for a free chamber
music concert at

LACMA Sunday August 27, 2017 6 pm.
Put it in your calendars!  Susan

Sundays Live Concert Sunday August 27, 2017   6 pm  FREE
Los Angeles County Museum of Art  Bing Auditorium

Susan Greenberg, flute
Pasha Tseitlin, violin
Tim Richardson, viola
Judith Farmer, bassoon
Nic Gerpe, piano

Trio Sonata in b Minor for flute,
bassoon and piano…………….Jean-Baptist
Loeillet  (1680-1730)
Largo
Allegro
Adagio
Allegro con Spirto

Serenade in D Major, op. 141a for flute,
violin and viola……..Max Reger (1873-1916)
Vivace
Larghetto
Presto

Ghost Train for flute, bassoon and piano
……………Gernot Wolfgang  (1957-)

Sonata for flute, violin and piano
……Nino Rota (1911-1979)
Allegro Ma Non Troppo
Andante Sostenuto
Allegro

Concerto for 2 violins, flute, bassoon
and piano………………..
Antonio Vivaldi (1678-1741)
Allegro
Largo
Presto

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8/27/1

CENTERSTAGE OPERA
Café della Vita in West Hills hosts our next Musical
Dinner August 27th!
Opera, Broadway, jazz standards and soft rock sung
by CSO Artistic Directors Shira Renee Thomas,
Dylan F.Thomas and friends

Choose from 3 delicious entree choices:
grilled salmon
chicken marsala or
lasagna (meat or vegetarian).
The entire evening, including full-course
meal and entertainment, is just $55
which includes tax and tip (wine available
at additional charge).

Reservations are required & limited, so act now.

call 818-517-4102

Café della Vita
23759 Roscoe Blvd., West Hills

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9/6/17

Free Admission GLENDALE NOON CONCERTS

Wed SEPTEMBER 6, 2017 at 12:10-12:40 pm

ARIOSO DUO: Flutist Cynthia Ellis & Harpist Michelle Temple
play Elgar, Nielsen, Mouquet and Damase.
Thank you!

Jacqueline Suzuki
Curator, Glendale Noon Concerts
818-249-5108
http://www.glendalenoonconcerts.blogspot.com

UNTIL NEXT TIME,

THE COMMITTEE FOR A MORE RESPONSIBLE LOCAL 47

2 Responses to “MEMBER COMMENTARY / PENSION / BMI FILING / EVENTS”

  1. Anonymous says:

    Who the hell are these arrogant fools who decide who the “top musicians” are in Local 47? I have worked here over 40 years now and on any given recording job I did back in the 80’s and early 90’s I have never recorded with anyone who is not a “top musician”. The facts are that yes, the players in the “nifty fifty” are great but there are also GREAT players who aren’t a part of this RMA so called “elite group”. The most ridiculous thing is that often a composer will ask for your name to be included in the orchestra only to have certain contractors say that he/she was called but “unavailable”.

  2. Larry Lipold says:

    The Canadian stock market did not follow the US market in 2006. Since the Canadian pension invests primarily in Canadian companies, their investment performance correlates more with the Canadian market than the US market. I pointed this out to MPS but have not seen a response.

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