I. VIDEO GAME MUSIC HISTORY: CLEARING THE AIR
\nII. ARTICLE ON RECORDING CHANGES FROM LOCAL 802 PRESIDENT
\nIII. INDIE MUSIC CONFERENCE FEBRUARY 5-7
\nIV. JOB OPENING FOR PIANO\/ORGANIST
\nV. READER COMMENTS<\/p>\n
=============<\/p>\n
I. VIDEO GAME MUSIC HISTORY: CLEARING THE AIR<\/p>\n
We asked the AFM if they had done any research into the history
\nof this video game\/recording in America situation. As it turns out,
\nthey had, sometime before the last Convention. Certainly, since
\nthe letters AFM appear in it the true-believers of the RMALA will
\nsay it is bunk, but for anyone who is not an ideologue this should
\nbe instructive and enlightening. And it will pretty much set the
\nrecord straight. Whenever you get the lock step propaganda from
\nthe RMA, hand them this article and tell them to get educated.<\/p>\n
We will have some comments at the conclusion of the report.<\/p>\n
———-<\/p>\n
VIDEO GAME HSTORY \u2013 AFM REPORT<\/p>\n
<\/p>\n
Over the last several months, there has been a fair amount of
\ndiscussion regarding the AFM and its video game agreements.
\nSince this issue may be a topic of discussion at the upcoming
\nAFM Convention, I thought it would helpful to have some background
\non this issue. Fueling some of the discussion is the following
\nquestion: Why did the AFM undercut the RMA-sponsored Video
\nGame Agreement (VGA) promulgated by the IEB about 5 years ago? <\/p>\n
The short answer is that the AFM did not undercut the VGA. While
\nthe VGA generated some very modest interest from the game
\npublishers and developers during its first 2 years, and the AFM
\nhad high hopes that it would succeed, unfortunately it failed and
\nlost traction because the VGA was simply not acceptable in
\nany substantive way to the employers. <\/p>\n
A little history would be helpful in understanding where we are
\ntoday. Prior to the implementation of the original VGA, game
\npublishers showed very little interest in working with the AFM.
\nTo the extent there was any interest, the AFM negotiated case-by
\n-case special agreements for video game projects. Activity level
\nwas quite low; around a half-dozen or so games per year. These
\nAFM-scored video games were paying in the neighborhood of
\n$400 for a 3 hour session for 15 minutes of music, with applicable
\nrequirements for new-use and soundtrack album payments. <\/p>\n
Then in 2002, at the urging of the RMA, the IEB approved the
\nRMA\u2019s Video Game Agreement proposal. The promulgated VGA
\nhad lower wages – $180 per 3 hour session for 15 minutes of
\nmusic – and applicable requirements for new-use and soundtrack
\nalbum payments.The RMA\u2019s logic was that the Federation should
\ncreate an agreement competitive with Seattle’s rates, so they
\nproposed these lower rates. In essence, the RMA VGA proposal
\nundercut the AFM’s existing rate, but for good reason \u2013 they had
\nthe hope of generating more activity. <\/p>\n
That first VGA seemed to be working; approximately 14 to 16 games
\nwere scored under it per year for the first 2 years (compared to the 6
\ngames at the $400 that were done in 2001). Then in late 2004,
\ntwo of the largest game publishers and the most influential game
\ncomposers asked for a buy-out option, offering to pay a higher
\nrate and with a guarantee of more work staying in the US, particularly
\nin Los Angeles. They advised that without a buy-out option, the
\nwork would definitely go elsewhere (London, Prague, Seattle, etc.)
\nThe RMA was not prepared to agree to a buy-out. As predicted,
\nthe work went elsewhere and in 2005 & 2006 there were only 5
\nor 6 games scored under AFM at the $180 rate. <\/p>\n
The Video Game Industry is exploding. Over 1,000 games are
\npublished in North America alone each year. More and more
\ngames are going to be using medium to large sized orchestras in
\naddition to the usual small overdub session work that augments
\nwhat the composer records. The vast technological improvements
\nin the hardware\/software, the saturation of the consumer
\nmarketplace with the dedicated consoles, hand-helds, pc and
\nmobile and internet multi-player subscriptions all mean that
\nthere will be, that there already is, an the insatiable consumption
\nof games by the worldwide public. <\/p>\n
Game developers and publishers are global. The nature of video
\ngames inherently requires huge amounts of music. There is an
\nundeniable opportunity for work for AFM members in this category.
\nUnfortunately, because the previous AFM VGA terms are unattractive,
\nunacceptable and unused by the companies, AFM members have
\nbeen losing out on work that would definitely generate a significant
\namount of sessions. <\/p>\n
Most game publishers and developers will not tolerate the complexity
\nof the AFM agreements that reference other AFM agreements as, to
\ntheir minds, unknown, unquantifiable, unacceptable additional terms.
\nThey want simplicity and finality in their music deals. The vast majority
\nof composers who score these games do not benefit from additional
\npayments, themselves. Whether we like it or not, this is the current
\nstate of an industry that is growing exponentially without us. <\/p>\n
Relationships have already been established between the Video
\nGame Industry and other orchestras, both domestically (Seattle, etc.)
\nand worldwide. These relationships are being cemented each time
\nanother project is done elsewhere. Each project done non-AFM
\nensures that those orchestras will get better and better and more and
\nmore comparable to AFM orchestras. The vast majority of game
\ncomposers do not have the leverage to insist that the work be done
\nunder AFM terms, especially when such terms are unacceptable to
\nthe companies. And, all the while, hundreds and likely thousands of
\nAFM musicians are losing out on this work. <\/p>\n
In November, 2006, taking into consideration the AFM’s low level of
\nmarket share and the pitiful number of projects done in 2005 & 2006,
\nthe IEB decided to take a bold step and approved both the Local 802
\n(New York) Recording Musicians Committee proposal (a simplified
\none page version at $150 for 3 hours) and the RMA International’s
\nproposal (a much more detailed version using primarily film agreement
\nlanguage at $180 for 3 hours). The IEB did not approve the proposal
\nsubmitted by RMA San Francisco and Local 6, which was based on a
\nbuy-out model. These 2 proposals became the AFM’s Experimental
\nVideo Game Agreements – Option 1 and Option 2. Both of these
\nagreements were approved by the IEB for a one-year experimental
\nperiod to allow each to gain traction and interest from the Video
\nGame community and to generate work for AFM members. <\/p>\n
Within a few months of the IEB adoption of these Agreements,
\nsome recording musicians in Los Angeles, for various untold but
\ncertainly not indiscernible reasons, created an entity they called
\nthe \u201cProfessional Musicians Guild\u201d (PMG) as a union that could
\nprovide a “go-to orchestra” for video games. They approached
\nvarious Video Game Industry folks and game composers outside
\nof AFM terms, with no AFM pension or health benefits, thereby
\nundermining the AFM agreements and undermining you. <\/p>\n
When asked directly about the buy-out issue, the PMG leadership
\nhas apparently responded with: “We are very creative” and “We are
\nvery flexible.” The PMG agreement has purported “new-use”
\nobligations in its language. But upon careful review, it is clearly
\nintended to allow for conveniently vague and arbitrary interpretation
\nby the PMG as to the nature and cost of such “new-use” obligations.
\nWink-wink! <\/p>\n
The AFM is not undercutting the VGA. The AFM is working to
\ncapture Video Game scoring work for its AFM members. This is
\ntoo large an industry to ignore and our members (all of our
\nmembers) deserve to have an opportunity to share in the tremendous
\namount of work that can happen as this industry grows larger
\nand larger. To help us begin to capture this work following the
\nPMG\u2019s invention, the IEB authorized the negotiation of one-off
\nagreements with interested video game producers designed to fit
\nthe specifics of their particular situation on a game-by-game basis.
\nAs we gain relationships with the Industry through either Option
\n1 or Option 2 or one-offs, and as composers in the game world
\nenjoy the benefits of working with our exceptionally talented AFM
\nmusicians, we will be able to make improvements to the terms.
\nThis is not a race to the bottom; this is getting in the race for the
\nbenefit of ALL of our musicians. <\/p>\n
End <\/p>\n
———-<\/p>\n
Colleagues,<\/p>\n
Some letters recently obtained by the COMMITTEE from a couple
\nof RMA ideologues suggest that the AFM-created VG contracts
\nare somehow illegitimate because those who have done the sessions
\nin the past were not involved in their creation. According to the
\nreport above, those who have done the work WERE involved, however
\nindirectly. Option 1 and Option 2 were created using input from
\nNew York and RMA agreements as a source. But because the vast
\nmajority of what little work was done by AFM musicians was done
\nby RMALA musicians, If they don\u2019t control this work and can\u2019t take
\ntotal credit for it they wanted nothing to do with it,.. till their
\nactions backfired in the worst possible way. Adding insult to fantasy,
\nthey then tried to get away with, roughly, doing the equivalent of
\nbreaking a lamp (Simpson\u2019s VG Sessions) and pointing at their
\nbig brother yelling, \u201cHE DID IT!\u201d No one in the AFM or Local 47
\nforced those RMA members to bail on five days of doubles (thus
\ndepriving fellow L.A. union musicians of the work;), they did it to
\nthemselves.<\/p>\n
Those insisting that only those who do the work are qualified to
\nnegotiate and regulate it could rightfully be called lobbyists and
\nideologues for a specific subgroup of musicians. The glaring
\nproblem with this position is that those who do the work have an
\nirresistible conflict of interest in that they will instinctively protect
\nat all costs what works FOR THEM, even when it gets in the way
\nof what will work better for EVERYONE. <\/p>\n
The RMALA had its chance for two years with their VG contract.
\nThese experts who \u201cdo the work\u201d lost out on most of it because
\ntheir demands defied reality. The situation is only improving now
\nbecause of the efforts of those not only intent on “doing the work\u201d\u009d,
\nbut also “GROWING the work.” <\/p>\n
We’ve seen this again and again. It\u2019s already been demonstrated
\nthat regardless of what damage the RMA leadership does to their
\nown organization, they continue with the same ham-handed tactics
\nagain and again on our industry, expecting different results. Isn\u2019t that
\nthe textbook definition of insanity? If the RMA had even tried to
\ninsist on doing these sessions with the agreement only they prefer,
\nthe Simpson\u2019s VG would never have been scheduled here to begin
\nwith… THAT\u2019S THE POINT!<\/p>\n
ROSE-COLORED GLASSES<\/p>\n
Hearing the RMALA talk about recording here and bragging about
\nhow it\u2019s going great for them in a recent Variety article is a real
\nkneeslapper (or head slapper) for those outside the \u201cclub\u201d.<\/p>\n
It may be reality as far as they, whether they actually believe it or
\nnot, but on the ground with the rank and file is a whole \u2018nother
\nkettle of fish. With the exception of themselves, or at least for the
\nRMA leadership, it\u2019s a scorched-earth policy. \u201cAll for us and them
\nfor us,\u201d too. Some of them have even started making moves on
\nthe live work which has been the staple of others for decades.<\/p>\n
They continue to talk about how it\u2019s getting better and better for
\nthem, even as more rooms close. We expect TODD-AO to close at
\nthe end of the year, because they find the space to be more
\nprofitable for other uses, either as office space or studio stages.
\nRecording must be really booming for them, eh? One of the three
\nremaining medium-sized rooms has closed as well. If the recording
\nindustry were doing as well as the RMA leadership claims, why
\nhas the closure of rooms not stopped? Because it\u2019s not reality. <\/p>\n
As we reported last time, the new AFM VG agreement is making a
\ndifference and should continue to do so as long as no one tries
\nto sabotage it.<\/p>\n
SPREAD THE WORD<\/p>\n
Remember that there are many, many wonderful and ethical
\nunion contractors and musicians in Los Angeles. Make sure you
\ntell your colleagues that AFM players are owned by no one.
\nPrudent composers can do well by dealing with contractors who
\nknow this.<\/p>\n
==============<\/p>\n
II. Article on Recording changes from New York 802 President.<\/p>\n
This article was printed just before the June convention.<\/p>\n
Allegro
\nVolume CVII No. 6
\nJune, 2007 <\/p>\n
Whither the Recording Industry and the AFM?
\nPresident’s Report <\/p>\n
by Mary Landolfi <\/p>\n
We live in a changing world market for recorded music. Recording
\nproduction has expanded worldwide and declined in traditional
\ncenters in the United States.<\/p>\n
In many ways, an era of recorded music that has been a source of
\nsignificant and stable employment for many union musicians is
\ndisappearing.<\/p>\n
Can we successfully adapt? What must we do to avoid becoming
\nirrelevant?<\/p>\n
Before we talk about the future, however, let’s catch up on the
\npast.<\/p>\n
Historically some of the most skillful and best paid musicians in
\nthe AFM were recording musicians. Thanks to the Secondary Markets
\nFund, which was negotiated by the AFM with the support of rank-
\nand-file film musicians, a substantial part of the total income
\nfrom film scoring work comes from back-end payments.<\/p>\n
Similar back-end payments apply to some other AFM agreements.<\/p>\n
Starting in the late 1980’s and early 1990’s, however, changes
\nbegan to be apparent in the industry. The Seattle Symphony,
\nwhich had earlier left the AFM, began to sell itself as an orchestra
\navailable for film, jingle and recording dates.<\/p>\n
British symphonies did the same thing.<\/p>\n
Later, highly trained musicians of Eastern Europe, looking for a
\nway to make a living when governmental subsidies evaporated,
\nalso became available. New recording centers emerged through-
\nout Europe and Asia in competition with U.S. recording artists.<\/p>\n
We can knock their musicianship. We can say that the product is
\nnot as good and it takes longer to create. But if these problems
\nonce existed, they were successfully solved by recording the
\nbasic tracks overseas and offering top cash for U.S. soloists to
\nsweeten the sound on a nonunion basis.<\/p>\n
It should be noted that the cost of health care has also provided
\nan incentive to move employment. Regardless of the scale, the
\ncost of recording overseas may be cheaper simply because in
\nmany countries health care is provided to all – unlike in our country,
\nwhere health insurance costs are added to the cost of the AFM
\nagreement.<\/p>\n
Studios can save millions by recording elsewhere and avoiding
\nthe cost of these insurance benefits.<\/p>\n
This is today’s reality.<\/p>\n
The AFM has to have a strategy for preserving compensation
\nfrom film scoring and be flexible enough to respond to changes
\nin the marketplace. To do otherwise is to lose control of the market
\nand watch more and more work go nonunion until we are irrelevant
\nand our agreements are consigned to the scrap heap of history.<\/p>\n
In response to this reality, some West Coast recording musicians
\nhave formed a rival “union” called the Professional Musicians Guild.
\nAt the same time, a business called New Era Scoring is blatantly
\nadvertising that it can provide musicians who work for a lump
\nsum – that is, a nonunion “buyout” – no new use, re-use, health
\nor pension. Both are reactions to the same problem, and both are
\nthreats to the strength and unity of musicians and the AFM. <\/p>\n
New Era seems to be a response by some musicians to the belief
\nthat they are frozen out of the current market. It is a commercial
\nenterprise set up to capture work being done nonunion. It will
\nlikely do little more than start a bidding war and a downward
\nspiral of wages, benefits and working conditions.<\/p>\n
Unfortunately, New Era’s approach weakens our union, undermines
\nour contracts and joins musicians with anti-worker and anti-
\nunion groups like the National Right to Work (for less!) Committee.
\nWhile the musicians associated with New Era are just trying to make
\na living, they are being used by those who would like to destroy
\nthe AFM.<\/p>\n
The Professional Musicians Guild is, in my view, also an attempt
\nby a few union musicians to respond to the new world market.<\/p>\n
It may also be an expression of the frustration film musicians
\nhave with the AFM’s inability to organize the nonunion sector, its
\ninability to work with international musicians’ organizations to
\nestablish a more level playing field internationally, and AFM resistance
\nto their issues and viewpoints.<\/p>\n
While Local 802 shares these concerns, we also know that the
\nformation of a PMG or any other splinter group is not the solution.
\nThe downward pressure this competition will create is more likely
\nto destroy lucrative recording contracts than to save them.<\/p>\n
To those who would walk away from the AFM I would say this: the
\nAFM is our union; it is not our enemy. It belongs to us: to film
\nmusicians on the West Coast, recording musicians in Nashville,
\ntheatre musicians in New York and Canada, and the thousands of
\nsymphony, opera, ballet, jingle, recording, theatre, jazz, rock and
\npop musicians across this country and Canada.<\/p>\n
The challenge before us is to maintain the unity that will allow us
\nto deal with multinational employers in an ever-changing industry.<\/p>\n
We need respectful dialogue in the search for a solution that shores
\nup our traditional agreements while we try to capture nonunion
\nwork with differently structured agreements.<\/p>\n
We need to work together to guide the AFM in a direction that is
\nproductive for all working musicians.<\/p>\n
When we meet at the AFM convention, Local 802 hopes to work
\nwith all other delegates to make the AFM fully represent the
\ninterests of all working musicians.<\/p>\n
It is only through unity that we will reach that goal.<\/p>\n
————<\/p>\n
[Editor\u2019s note: There are only two things that we wish she had
\nmentioned that she did not. Firstly, the role of the RMA itself in
\nthe demise of their own work and that the PMG is an illegal
\norganization. There are certainly other points to be made,
\nbut you, our readership, can most certainly read between the
\nlines where need be. ]<\/p>\n
=================<\/p>\n
III. INDEPENDENT MUSIC CONFERENCE FEBRUARY 5-7!<\/p>\n
Local 47 will be co-sponsoring the Independent Music Conference
\nwith IndieGate http:\/\/intermixx.com\/indiegate\/ to take place at
\nLocal 47 from October 5 – 7, 2007. <\/p>\n
We are happy to announce that there are 50 free passes to give
\nout to our members on a first come, first serve basis. Tickets are
\n$25 thereafter ($50 for non-union members). <\/p>\n
If you would like to attend, please contact us by e-mail
\nIMC07@InterMixx.com or call the Member Services Department
\nat (323) 993-3157. For more information visit indiemusicon.com.<\/p>\n
=================<\/p>\n
IV. JOB OPENING FOR PIANO\/ORGANIST<\/p>\n
Piano\/Organ Position Open <\/p>\n
St James Presbyterian Church in Tarzana (San Fernando Valley) is
\nlooking for an accompanist. The job pays $16,000 per year. We have
\none Sunday service at 10:30 AM with a praise band rehearsal at nine,
\nchoir warmup rehearsal at 9:30. Except for summertime, the choir
\nmeets Thursday evenings from about 7:30 to 9 PM. During the summer,
\nthe choir sings on Sundays only through July and in August we
\nschedule special music that includes the accompanist. <\/p>\n
Styles range from classical to pop. We have an active chamber music
\nprofile (we just performed portions of Schubert’s Trout Quintet last
\nSunday). Our minister, Steve Smith, is totally cool and nice. We have
\na Rodgers Digital Organ that we’d like to hear, but a trained pianist
\nwilling to learn how to use the stops for some hymns will be acceptable. <\/p>\n
Please contact me directly by e mail or phone if you wish to audition: <\/p>\n
Claire Rydell
\n818-427-1306
\nclrydell@minotaurz.com <\/p>\n
============<\/p>\n
V. READER COMMENTS<\/p>\n
The comments below represent only the views of the writer and
\nnot necessarily the views of the COMMITTEE.<\/p>\n
————<\/p>\n
Any contractor putting out a call for a AFM videogame (or ANY
\nsession, for that matter) would surely have had the
\nproducer\/company\/composer agree to the terms that they are
\ncalling the session under; whatever those terms may be. I highly
\ndoubt Blizzard, Lucasfilm or EA are just randomly letting contractors
\nput calls out under terms which they don’t approve ahead of time.<\/p>\n
Therefore the contractor would have to have the relevant information
\nto disseminate in the work call itself. Bringing up the “answering
\nservice” in that RMA email is ridiculous. The contractors can give
\nthem the terms also. I agree that the players need to ask the
\ncontractors for the right info, and if the contractor can’t provide
\nthat info, then turn the job down.<\/p>\n
Anonymous.<\/p>\n
————<\/p>\n
As long as Tom Lee does not blitzkrieg this PMG and set the
\nrecord straight with the position of the RMA ( and most likely
\nculpability) for not standing together and sorting out this mess
\nINTERNALLY, we are going to get lost in the fractured world of
\npower, ego, and mission drift. <\/p>\n
[Editor\u2019s note: We feel it necessary to point out to the reader that
\nthe above action SHOULD be the job of President Espinosa and the
\nLocal 47 administration,\u2026 ok, stop laughing!]<\/p>\n
————<\/p>\n
From James Domine\u2026<\/p>\n
Thanks for plugging my book. It was very thoughtful of you!<\/p>\n
————<\/p>\n
I have stopped reading your emails because they are too hard to
\nread. No paragraphs, widely split sentences all over the page.
\nforget it.<\/p>\n
———-<\/p>\n
I have read with interest the details surrounding the demise of
\nthe Pops Orchestra. More than 30 years ago I prepared and
\npublished a monograph on the subject of the absence of black
\nmusicians in symphony orchestras. It created quite a stir because….
\n“we do not discriminate.” I also organized and lead a picket at
\nthe Music Center protesting the absence of black players in the
\nAcademy Awards Orchestra. The following year, Quincy Jones
\nwas hired as the Director. The color of the orchestra changed.
\nLocal 47 (John Tranchitella, Max Herman, Vince DiBari and others)
\nnot only did not support our efforts, they were unavailable for
\ncomment when Leonard Feather, writing for the LA Times, tried
\nto interview them on this issue. I also testified at a Congressional
\nHearing on this issue, which was raised because of the picketing
\nthat was seen around the world. <\/p>\n
Last week, I turned the TV on and saw\/heard a concert of Beethoven’s 9th
\nSymphony. I was fascinated by the orchestra because it played SO WELL and
\nhad a RAINBOW of people of color in ALL sections of the orchestra. The
\norchestra was BIG. (more than 120 players). I sat up until 3am hoping
\nsome identification of t he orchestra would be forthcoming. When the
\nconcert ended, I learned it was an orchestra from Mexico…Orquestra de
\nMineria. The orchestra recruits players from all over the world. Many
\nAmerican blacks play in that orchestra. <\/p>\n
In the United States, after 30 years, things remain the same. The
\nPasadena Pops Orchestra is damn near lily white. The end of the orchestra
\nmeans that mostly white players will be out of jobs. My attitude now is
\nthe same as those leaders of Local 47, 30-35 years ago. This is
\nsomething I cannot get excited about. However, I am willing to give them
\nthe same level of support that Local 47 gave our efforts. <\/p>\n
Earl E. Raines<\/p>\n
————<\/p>\n
Colleagues,<\/p>\n
Don\u2019t forget the October 22nd General Membership meeting! Tell
\nyour colleagues!<\/p>\n
Until Next Time,<\/p>\n
THE COMMITTEE FOR A MORE RESPONSIBLE LOCAL 47<\/p>\n","protected":false},"excerpt":{"rendered":"
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