6/18/16
I. ANOTHER RMA CENTRIC LAWSUIT LOSS
II. TWO ARTICLES ABOUT THE PARAMOUNT LAWSUIT
III. MEMBER COMMENTS ON THE LAWSUIT
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
COMING NEXT WEEK
+Late next week will be a bombshell edition on the AFM Convention –
Please read and share to all you know!+
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I. ANOTHER RMA CENTRIC LAWSUIT LOSS
Once again, the AFM spends Rank and File members dues to try to
enrich the July checks of mostly the RMA elites, and once again,… loses.
We’d certainly like to know how much of the member’s dues was spent
on yet another failed RMA money grab.
Please read about the lawsuit below. We include two articles, one from
the Hollywood Reporter and the other from DEADLINE HOLLYWOOD.
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II. TWO ARTICLES ABOUT THE PARAMOUNT LAWSUIT
FROM THE HOLLYWOOD REPORTER
Paramount Beats Musicians Guild in Lawsuit Over Outsourcing Film Scores
June 16, 2016 9:00am PT by Eriq Gardner
A judge figures out the meaning of “producer” and “employer” in Hollywood.
On Wednesday, a California federal judge handed Paramount Pictures a
summary judgment victory in a lawsuit brought by the American Federation
of Musicians of the United States and Canada over the score to the upcoming
film Same Kind of Different as Me, starring Renee Zellweger. The ruling
figures to be a very important one in future labor disputes between studios
and guilds as the litigation explored a gray area of law — whether studios
are joint employers — that goes beyond the music for a single film.
AFM filed its complaint in June 2015 with the claim that Paramount has
breached the terms of a collective bargaining agreement that requires
that films produced in North America shall be scored there. Same
Kind of Different as Me, based on a novel by Ron Hall, was scored
in Slovakia.
What made this case a particularly fascinating one to watch was that
the parties went to war over the meaning of a “producer” and “employer”
under guild agreements. Paramount denied being either, and under
its theory, that meant the movie had no obligations to be scored
in North America.
According to the facts as laid out by the judge, Hall and two fellow
screenwriters began raising money for a film version. They brought
in producer Darren Moorman, who raised $6.5 million and began
the process of casting. A single-purpose entity called SKODAM Films
LLC was set up, and the filmmakers began looking to see who
might want to buy distribution rights.
Disruption Entertainment and its owner Mary Parent were engaged
and began working on the pic as producers. Paramount had a
multiyear first-look deal with Disruption and Parent, who worked
on Paramount’s studio lot (and is now an executive at Legendary).
In October 2014, Paramount and SKODAM entered into a co-
financing and distribution agreement whereby Paramount would
put up 40 percent of the film’s budget and obtain a fractional
interest in the copyright to the movie.
Shooting for the film occurred in Jackson, Miss., in the final
months that year, and during that time, Paramount was involved,
among other things, in choosing cast members. It was Moorman,
though, that appears to have spent the most time on set.
The first big question this case raised was whether Paramount
“produced” Same Kind of Different as Me. On this front, the
studio narrowly lost.
Paramount argued that the term meant “made,” “shot” or “filmed”
in relation to “principal photography,” while AFM asserted that
under the collective bargaining agreement, anyone financing at
least 25 percent of the picture is considered a producer.
U.S. District Judge Dolly Gee ruled against AFM’s interpretation,
finding it nowhere in the CBA and states that there is “no genuine
dispute that the meaning of the word ‘produced’ in Article 3 [of
the relevant CBA] is ‘made” or ‘shot.'”
However, that doesn’t end the issue.
“Yet, even under Paramount’s ‘narrow’ definition of ‘produced,’
the Court finds that AFM provided enough evidence to create
disputed issues of fact as to whether Paramount ‘made’ or ‘shot’
Same Kind of Different As Me,” Gee wrote. “For instance,
throughout the making of the film, Paramount made weekly
payments to SKODAM Films in line with its commitment to
fund 40 percent of the Motion Picture’s budget. SKODAM
Films, in turn, submitted weekly invoices to Paramount
regarding costs spent. Thus, Paramount was far from being
a passive investor. Paramount executives received film dailies
(e.g., ‘the filmed output for each day’) from SKODAM Films
and Disruption each day, on which Paramount executives
reviewed, discussed, and commented.”
Paramount thus failed to defeat the lawsuit on the basis
that it didn’t produce Same Kind of Different as Me, which
ironically, is a film about a relationship. Nevertheless, it
won the lawsuit on another front.
The CBA provision in controversy applies to those “employed
by the producer,” so the second big question raised by the
case is who is the “employer.” Gee noted there’s nothing
in the CBA dealing with this in instances of plural “producers”
or “co-producers.”
But she wrote that “SKODAM Films undisputedly did the bulk
of the work making or shooting the Motion Picture” and
Paramount “cannot have breached the CBA because there
is no evidence presented that it either directly or indirectly
was the joint employer, much less the employer, of the
myriad employees working on the production of Same
Kind of Different as Me, including musicians who worked
on the Motion Picture’s score. Nor is there any evidence
from which the Court can infer that Paramount was the
alter ego of SKODAM Films or that SKODAM Films was
its agent for purposes of hiring and firing.”
The judge shrugged off AFM’s arguments pertaining to
Paramount’s influence over the film, saying there’s no
evidence that the studio “had the right to control the
day-to-day activities of the Motion Picture’s cast and
crew or that it exercised more than minimal control
over the film’s shooting.”
Here’s the full opinion,
https://www.documentcloud.org/documents/2863183-AFM-Opinion.html
which will likely be read closely by entertainment attorneys and
could influence how productions of films are conducted as
well as negotiations on future collective bargaining agreements.
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From DEADLINE HOLLYWOOD
Judge Rejects Musicians Union’s Claim That Paramount
“Produced” ‘Same Kind Of Different As Me’
by David Robb
June 16, 2016 3:44pm
A federal judge in Los Angeles has ruled that Paramount Pictures
was not the “producer” of the upcoming film Same Kind Of Different
As Me and did not violate its contract with the American Federation
of Musicians when the film was scored overseas with nonunion musicians.
The ruling stems from a lawsuit the union filed against Paramount
in its ongoing battle to stem the flow of outsourced music in American
films, many of which are now being scored, as this one was, by
musicians in Slovakia. On Wednesday, U.S. District Court Judge Dolly
Gee granted Paramount’s motion for summary judgment dismissing
the union’s breach of contract claim.
The film, an adaptation of the memoir by Denver Moore, Ron Hall,
and Lynn Vincent, originally had an April 29, 2016 release date,
but in March the studio pushed it back to February 2, 2017.
Renee Zellweger, John Voight and Greg Kinnear star.
Paramount, which put up 40% of the film’s budget, is signed to
the union’s contract, which requires producers to use AFM musicians
when scoring films shot in the U.S. The judge, however, ruled that
the definition of “producer” is so vague in Article 3 of the AFM’s
contract that Paramount’s role in the making of the film did
not fit the definition.
The AFM argued that it has long understood a studio is the
producer of a film under Article 3 “if it financed at least 25%
of the production costs of the motion picture.” The judge,
however, ruled that “this 25% threshold appears nowhere
in Article 3,” and that the union offered “no evidence of past
practices by the parties that demonstrate that they interpreted
Article 3 in this way during the course of their decades-long
relationship.”
In ruling against the AFM, the judge also noted it was not Paramount,
but Skodam Films, the movie’s production company, that had
entered into contracts with vendors and negotiated deals with other
unions whose members were involved in the film’s production
including the DGA and SAG-AFTRA.
“Comparing the day-to-day activities of Skodam Films and
Paramount,” the judge ruled, “Paramount’s involvement in
the making or shooting — during principal photography —
of the motion picture pales in comparison to Skodam
Films’ exhaustive work.”
[EC: For years, major studios have been acting as the
distributor for films produced by independent companies,
whose companies are often dissolved after the production.
The studios don’t make the film, they distribute it.]
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II. MEMBER COMMENTS ON THE COURT LOSS
Congrats to Ray and the RMA leadership. Another big win…
maybe the lawyers collecting our work dues should actually
study our contracts before filing a lawsuit next time. Now
there is a court ruling for producers to study so they too
can get out of future scoring obligations.
“The AFM argued that it has long understood a studio is
the producer of a film under Article 3 “if it financed
at least 25% of the production costs of the motion picture.”
The judge, however, ruled that “this 25% threshold appears
nowhere in Article 3,” and that the union offered “no
evidence of past practices by the parties that demonstrate
that they interpreted Article 3 in this way during the
course of their decades-long relationship.”
—————————-
“the full opinion, which will likely be read closely by
entertainment attorneys and could influence how productions
of films are conducted as well as negotiations on future
collective bargaining agreements.”
—————————-
Deposition of Dennis Dreith:
Q:”So where is it that you obtained the understanding that
if a company invests in a motion picture and it is not a
distribution deal, that that makes a company, quote,’producer’?
A: “That’s my personal view. It comes from discussions
with various people in the industry.”
—————————-
Another example of dealing with an industry that has changed
over the years and the AFM is still dealing with these companies
as though it were 40 years ago. Must negotiate contracts that
are consistent with the way the world works today.
=======================
IV. EVENTS
DEAN AND RICHARD
DEAN AND RICHARD are now playing every third Friday
at Culver City Elks 7:30pm-10;30pm,
11160 Washington Pl.
Culver City, 90232
310-839-8891
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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.
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AUDITIONS FOR CALSTATELA SYMPHONY
Please pass the word that the annual auditions for the CalStateLA
Symphony Orchestra/Olympia Youth Orchestra for the 2016-2017 season
will begin in June through mid August immediately after the season is
over.
Qualified students may submit the form on line at the website
http://www.olympiaphil.org
under “youth orchestra”.
I will be in touch to set up a time during the summer. The next
season begins late September of this year through early June of 2017.
The orchestra consists of talented students age 12 through college
age. Rehearsals are at CSULA on Sundays at 4:30-7PM. Tuition is $650
for the entire year. Scholarship is available on a need or merit
basis depending on instrument and individual student. The orchestra
students will also be able to take optional transferable college
credits from CSULA, perform with college music students in 4 on and
off campus concerts.
This is a great orchestra with lots of talented students taking part.
I look forward to hearing from students learning all orchestral
instruments.
Thank you!
Fung Ho
Music Director & Conductor
CalStateLA Symphony Orchestra/Olympia Youth Orchestra
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6/19/16
SONGWRITER’S SQAURE
Hi folks!
Please join us as four incredible Los Angeles songwriters
chat about music and perform their songs in an intimate
“in-the-square” setting. Bring your Dad!
PAM LOE & CHAD WATSON – California Country Music
Hall of Famer Pam Loe won Female Entertainer of the
Year for the California Country Music Association four
years in a row! Husband and acclaimed producer/bassist
Chad Watson has worked with Freddy Fender, Charley
Rich, Ronnie Milsap, and Janis Ian. Together they are
an unstoppable force!
DONNA LYNN CASKEY – An innovative clawhammer
‘Banjo Gal’, “her songs resound like modern spirituals.
This is music that is good for the spirit, good for all
that ails us, an acoustic antidote to chaos and overload.
She’s very much the real deal.” – American Songwriter.
MASON SUMMIT – Host of Masons Noise Parlour series
at Beyond Baroque. Since age 13 he has been playing
around L.A. at Genghis Cohen, Molly Malones, The House
of Blues, and Hotel Café. “His album ‘Loud Music & Soft
Drinks’ suggests Brian Wilson’s Pet Sounds era.” –
Hyperbolium.
Purchase tickets in advance online HERE for 20% off!
Just use the discount code: song
Sunday Night, June 19th
Doors open at 6:30PM, Show starts at 7:00PM (sharp).
At the Lyric/Hyperion Theater & Cafe.
2106 Hyperion Avenue, Los Angeles, CA 90027
$15 at the door or $12 online with discount code
The monthly showcase is hosted by BILL BERRY and features
songwriters from country to cabaret, r&b to folk and
everything in between. Enjoy a glass of wine and dinner
with your show. Free parking. More information at
billberrymusic.com or at lyrichyperion.com.
Thank you!
Much love,
-Bill
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6/22/16
CONCERTS AT THE “BOWL”
The Corbin Bowl and San Fernando Valley Symphony Orchestra
Present Concerts at the “Bowl” in the “Corbin Lounge”
Wednesday Evenings at 7:30 pm
June 22
The Blues Bandits
Play and sing the “Blues,” featuring David Reo, guitar and vocals; Jimi Dee,
guitar and vocals; Larry Muradian, bass and Chuck Burkinshaw, drums
+++++++++++++++++++++++++++++++
OTHER CONCERTS IN THE SERIES
June 29
The Screaming Clams, part 2
Rock ‘n’ Roll with music of the ’60s and early ’70s, featuring
Jimi Dee, lead quitar and vocals; Joel Domine, keys and guitar;
Larry Muradian, bass; Nick Scarmack, drummer and Rebecca Ray,
vocalist extraordinaire
“Lounge” at the Corbin Bowl
19616 Ventura Boulevard, Tarzana
Free Admission/ONE Drink Minimum
Persons under 21 years of age not admitted
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6/15/16
THIS WEDNESDAY June 15
The BBB featuring Bernie Dresel returns for
the first time since our live recording
to
Joe’s Great American Bar & Grill in Burbank
from 8:30pm-11:15pm
NO COVER CHARGE!!
No reservations necessary!!
21 and older
4311 W. Magnolia Blvd.
Burbank, CA 91505
6/26/16
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Dear Doctor Wu Fans,
6/26/16
We will be appearing at the Santa Monica Endless Summer
SOULstice Festival on Sunday, June 26th 2016 from 5:00 to 7:00
PM, where we will play two sets of your favorite Steely Dan tunes.
Please bring your friends along and enjoy a great time with us!
Edgemar Courtyard
2440 Main Street
Santa Monica, CA 90405
5:00 – 7:00 PM
We hope to see you there!
The Doctor Wu Band
http://www.doctorwuband.com/
https://www.facebook.com/doctorwuband
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6/27/16
Music at Westwood presents
MARIA NEWMAN’S
REQUIEM
Missa Mortem Da Pacem
Mass for Peace
Join us for an extraordinary evening of music with
Westwood Master Choir and Soloists
with the
Westwood Chamber Orchestra
June 26th at 5pm
Westwood Presbyterian Church
10822 Wilshire Blvd
Los Angeles, CA 90024
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MASTER IN FLM MUSIC APPLICATIONS STILL BEING ACCEPTED
The Pacific Northwest Film Scoring Program
At The
Seattle Film Institute
is still accepting applications to the One year
Master of Music (MM) in Film Composition
Recently rated as the #4 school for film scoring education
in the world by Music School Central and the #2 school
for earning a Masters of Music degree in Film Composition
Study with program creator and lead instructor
Hummie Mann
2 Time Emmy Award Winning film composer of
“Robin Hood: Men in Tights” and featured in
Variety Magazine’s article “Leaders in Learning”
Click here to listen and watch student scores from previous years
Applications are now being accepted for the 2016
school year We offer rolling admissions – applying
early is recommended Scholarship support is
available to early applicants
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You can read all previous offerings at:http://www.responsible47.com
UNTIL NEXT TIME,
THE COMMITTEE FOR A MORE RESPONSIBLE LOCAL 47