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LOCAL 406 LIVE AND RECORDED POPULAR MUSIC STUDY

Paul Harwood Montreal, Quebec. CANADA. (Used by permission)

Preface

PART 1: WAGES AND FAIR REMUNERATION CONCERNS

PART 2 WORKING CONDITIONS CONCERNS

PART 3: IDENTIFICATION OF OBJECTIVES, OBSTACLES AND SOLUTIONS

Here is a study that I wish to present to you and the executive committee concerning Wages and Working conditions in the popular, non - classical live music sector, within the jurisdiction of Local 406.

The following essay is intended to help musicians in the work sector described above, exercise their rights of collective bargaining as described in BILL 90. This essay means to provide a basis for the discussion and assessment of future demands in Bill 90 negotiations.

The topics examined are:

1 - Wages and Fair Remuneration concerns

2 - Working Condition concerns

3 - Identification of Objectives, Obstacles and Solutions

Like all workers, the musicians that perform popular music need and deserve fair remuneration for their hard work as well as safe and comfortable working conditions. At the present, obstacles to achieving this soon seem enormous. A complete discussion of the scope of the problem as well as ideas on how to overcome them will follow later.

The Guilde, having been awarded full jurisdiction over this work sector, can now begin to defend and promote the welfare of members and non - members who wish to perform live music.

OBJECTIVES: The main objectives are : to obtain fair remuneration for work and to secure safe and comfortable working conditions. In principle, these are essential in order to transform this work sector into one that has a climate favourable to the creation of real gainful employment, social contribution and acceptance. These in turn are necessary to improve the welfare and creativity of musicians so that they may better compete and succeed in today's highly competitive international Pop music Industry.

PART 1 - WAGES AND FAIR REMUNERATION CONCERNS.

The following terms will be used throughout this essay. These terms and their definitions are as they are commonly used in Pop music.

ACT: Solo or group. The entity being purchased by the employer. The term ARTIST may similarly be used.

EMPLOYER: Anyone who purchases musical performances.( The term client seems accurate. There are three main purchasers of musical services. A - Manufacturers ; they make and sell audio visual recordings. B - Promoters ; they purchase live music. C - Media ; Television and radio ,public or private that broadcast live or recorded music.)

MANAGER: an act's personal manager.

AGENT: sells talent to promoters, club owners or any person putting on a live music concert.

PROMOTER: promotes and organizes a performance.

PRODUCER: record , t.v. , theater or radio producer.

The live pop music sector encompasses many styles of music. Some of these require a lot of expensive electronic musical equipment which results in far greater expense and labour than other more traditional acoustic types of music performances. Since the mid - sixties, these elaborate stage production costs combined with the lack of collective bargaining rights have left the musicians who prefer to perform live or do so out of need, seriously underpaid for their labour. Also, there are several aspects of this type of performance that can be hazardous to the health, safety and well being of these artists.

ASSESSMENT OF SCALE: In assessing a union scale, there are of course many different situations that require the need for rate formulations such as the Guilde now uses. Example: Pamphlet A or B etc. However even these, which are a scale paid to musicians who work under the very best conditions, fall short of fair remunerations for the actual labour involved. This mainly is due to the fact that musicians are often asked to perform other tasks such as: vocal doubling, rehearsal , new material learning , personal practice, equipment handling, bookeeping, driving rented vehicles and other miscellaneous duties. The need for guidelines to protect musicians and to insure fair remuneration is great and urgent.

There are two main types of working situations: CLUB WORK , which requires one, two or more shows or sets on one or several nights, and ONE NIGHTERS: single performances.

There are also two distinct ways in which musicians offer their services. These are: as a SIDEMAN or as a PARTNER.

The term partner refers here to a member ( equal or not ) of a group of two or more members that wish to perform and build a career together. Partnerships are already dealt with in A.F. of M. bylaws but only vagely. (art. 28 sec. 10 ). Another situation might be a live performance equivalent of a ROYALTY MUSICIAN as described in the Phonograph Record Labour Agreement.This would be a musician who plays exclusively for one act or artist but is an employee and not a partner.Both the partner and the full time sideman are in greatest need of guidelines to set a fair working condition for them. Some partnerships groups are formed with the sole intention of playing live, such as a revue of current and past hits. They are often called : Cover bands. Others hope to compose original music for the purpose of building a recording career. These two situations are quite different in their effect on individual band members. The specific problems of members of a recording act will be discussed briefly later on but for the moment what is of concern is the live performance aspect of their work.It would be helpful to have a clear distinction as to the status of each musician as to whether he is a sideman, a partner or an exclusive sideman, for the purposes of clearly assessing what constitutes fair remuneration and work conditons for live performances.

WORK HOURS: Working hours of actual labour should be more closely monitored in pop music because of the wide diversity from one contract to another. Some types of music such as Heavy Metal, Fusion, Latin, Worldbeat, Progressive Rock etc. require far greater amounts of equipment than others performed on acoustic or lightly amplified instruments. This is important from a wage or scale standpoint when one considres that both partners and sidemen often help move, set - up, tear - down and store this equipment. This will be discussed in depth later on. For now , it is safe to assume that the more stage gear is involved, the more time and effort goes into putting on a performance or rehearsal. This needs monitoring and assessed a fair value as to it's effect on overall scale.

LENGTH OF PERFORMANCE: The length of performance needs to be kept in mind in the remuneration assessment. On one-nighters , there may be several groups sharing a bill. A featured act may play anywhere from 45 minutes to over 3 hours. The lesser billings , the opening or special guest act may only play 30 minutes or up to one hour.

TIME OF DAY OF PERFORMANCE: The exact time of day of a single performance should be closely monitored for each contract. Festival performances can begin at virtually any hour of the day. Many performances begin at 10:00 PM or later. Even a traveling act remunerated on a weekly basis should be fairly compensated for occasional excessively late work. Although this is more of a work condition concern, it is mentioned here for it's relevance on fair scale assessment.

The length of the work day should also be monitored in every contract as well. (see : club work re: length of work day).

THE LENGTH OF SOUND CHECK: Not all performances require sound checks, however those that do, require members of a group to be available to set - up their gear and play their instruments so that their or the promoter's sound technicians can adjust sound levels. Sound checks vary in length from 10 minutes to several hours due to complex equipment or artistic need. The proximity of a venue may make it impossible for the artists to return home or to a hotel or even get to a restaurant between this sound check and the actual performance. The group then must spend perhaps up to 12 hours at the venue, say from 3 PM to 3 AM in the case of a nightclub performance. All contracts should mention if a sound check is performed , when and how long it is and it's effect on the length of the workday. Of course, not all performances have lengthy sound checks. The length of a sound check varies with every performance. An opening act may not get to do a sound check. A headline act may reserve up to four hours or more for a sound check due to the number of musicians and or the sophistication of the electronic equipment. They may need more time if some of the equipment must be repaired or replaced. The musicians must stand by whatever the case.

REHEARSALS: Many groups rehearse for every show. However, some groups, who play the same show many times may truly not need to. Often new material is learned either by being taught by a band leader or from a cassette recording. These band and individual rehearsals need to be mentioned in every contract and assessed a fair scale. Keep in mind that rehearsals may involve musicians handling and setting up electronic or percussion equipment as mentioned earlier.

CLUB WORK: Pop music clubwork involves very late hours of performance. typically, a club performance begins at 10 PM and ends at 3 AM in this province. It can involve 3, 4 or 5 sets of 30 to 45 minutes in duration.

The first day is refered to as load-in and set-up day. The last day, tear - down and load -out day. These are much longer and demanding work days. Many groups do not hire any technicians or roadies to help them set - up and operate the P.A. and lighting and stage gear. This is often because of a lower budget production due to a smaller club capacity. (It is also sometimes due to the high cost of rentals required to do the job). The work of gathering the equipment from various locations, packing it into vehicles and proceeding to the venue to set it up is done by the musicians. This is in addition to a sound check that may itself last several hours. It is common for a group from Montreal playing that night in Quebec City to have a work day of 15 hours or more, and to have had to skip a meal just to be on time and get everything done. The last day of an engagement includes the tearing down of the stage gear, sound system and lights also, if owned or rented by the the band, and the loading of all of this equipment into vehicles. If the band is playing around town, this equipment is then unloaded at one or several locations. Occasionally, this work is done the following day. There may also be rental vehicles or equipment that must be returned and this can take time and involve additional driving and bookeeping and equipment handling. This process can sometimes last until noon, the day after the performance. These exceptionally long and tiring days should be monitored for excesses and at the very least should be fairly remunerated. If this type of work is to continue, it should be taken into account in the setting of a working scale.

At the present there is no minimum salary in nightclubs. The lower paying jobs offer $30.00 per man per night! Better jobs can sometimes pay between $100.00 and $175.00 per man per night. Some agents and clubs offer bands what seems to be very good pay such as $3500.00 for a 4 day club engagement, but require very elaborate lighting and staging and usually requires bigger bands of 6 or 8 musicians or more. This is of course before the agent's commission and rentals and other expenses. At all levels, the monies offered are decreasing sometimes being less than what was offered for similar work twenty years ago.

In the case of one nighters, there is no minimum whatsoever. If a band agrees to play for the door and no one shows up, they get nothing. If an act plays an opening set for a name act they may get at best, $50.00 per man , for the performance. Both club and one nighter shows need to be regulated to avoid such unfair competition and under the table dealings.

A special scale should be set for musicians who wish to or must handle equipment. The weight and amount of equipment should be monitored and guidelines set for safety. This will be discussed in Working Condition concerns. As well, it should be mentioned that venues with difficult load-in facilities such as very long staircases can considerably increase the amount and labour and effort involved in staging a performance. This should be reflected in the scale for that venue. This will also be discussed in greater detail shortly.

STANDING PERFORMANCE: Many pop musicians play standing up while wearing their instruments with shoulder straps. In the case of some instruments such as 4, 5 and 6 string bass guitars, some solid body guitars, keyboards and saxophones, this is physically demanding and can cause pain and lead to chronic medical problems for the performers. Once again , this is a work condition but it should not be overlooked when assessing a fair scale.

VOCAL DOUBLING: Singing background harmonies while playing an instrument while dancing or putting on a good show is not at all easy. It takes a lot of practice. Many excellent instrumentalists do not sing a note. However, because of increasingly low budgets, many groups will hire only those musicians that can play and sing. A band member typically sings back-up vocals on most songs and sings lead on a few songs. The vocal part of a band's show often takes as much or more rehearsal time than does the instrumental work. It would seem that this rare talent and hard work should be reflected in the scale. The extra rehearsal time should also be considered.

OTHER DUTIES: Driving and bookeeping are the two most performed other duties often taken on by musicians. Consideration should be given to lenghty hours spent driving rented vehicles especially when these are done imediately after a show, well into the next day, as some tour scheduling requires. Not all musicians drive so this puts a strain on those that do.

Bookeeping and other duties that should be performed by a road manager are often assigned to a musician. These include keeping track of road monies such as paying out per diems, keeping receipts from travel, food and lodging, checking into hotels, phoning ahead to verify upcomming work assignments and scheduling. These tasks should be assessed a value and see fair compensation.

RECORDING WORK: The current pay scales for recording work set by the union are quite adequate. However, these salaries are seldom enforced especially for demo work. This part of the work sector could be very difficult to control as many demo studios are located in private homes. It should not be overlooked that there may be equipment handling involved in all recording work.

COST OF EQUIPMENT: Of course many musicians have very expensive musical instruments. It is not unusual for costs to be in the tens of thousands. This is especially true for musicians playing styles that demand new technologies or a great deal of percussion equipment. Let us say that an average would be $ 2500.00 per player. This would include stage amplification, instruments, signal processing, connectors, spares and protective cases for travel. Other items such as music stands, electric fans, tools, flashhlights are also common. A small combo could then easily be carrying 10 to $ 15,000 worth of equipment to each show. There may as well be thousands of dollars worth of stage clothes for some show acts. Live music is not easy on the instruments . The busier the group, the faster the equipment wears. All musical instrument repairs are very expensive. This makes the cost of keeping gear in top working order quite high. All equipment used extensively in touring or constant in - town gigging depreciates very, very rapidly. All electronic equipment is obsolete in a year or two and worth only a fraction of it's original purchase price by that time. The cost of keeping up with technology and new trends in music constantly rises. To remain competitive, one must buy when the novelty pushes the purchase price to it's upper limits. Even when normally insured, a significant loss is incurred if any equipment is stolen or damaged. There are always deductibles and very seldom is the settlement more than half the original purchase price. Most musical instrument purchases are done with care and involve shopping until just the right item is found. Therefore, the costs of purchase, of maintenance and repair, as well as the cost of proper insurance must be taken into account when assessing a fair scale for pop music live performance.

COST OF TEMPORARY EQUIPMENT: Drummers and guitar players go through: sticks, strings, skins, picks, cymbals, polish, nuts and bolts, batteries etc. At the present, there is no clear policy as to who should pay for these temporary items. It is most often left up to the individual musician to absorb these costs. These are not inexpensive items. examples:

guitar strings: $7.00 per set (a few sets per week or per show)

Bass strings: $35.00 per set (Max. 2 sets per show)

Cymbals: $50.00 to $300.00

sticks: $7.00 per pair (several pairs per show)

skins: $20.00 to $80.00 (several skins per month or week)

Lutherie - repairs: $20.00 per hour plus parts.

Electronic - repairs: $25.00 per hour plus parts.

Therefore these expenses should also figure in the assessing of a fair wage. As well there is a need for guidelines concerning this subject.

STAGECLOTHES: Some types of pop music require very flashy, custom made stage clothes. At the very least, musicians generally are asked to look neat and professional on stage. The cost varies greatly from country or folk music to rhythm and blues and heavy metal. Whatever the case, the amount of expenditure for the buying and maintenance of such stage clothes should be carefully monitored to avoid any oversight of any added expenses that may be passed on to the musician without fair compensation.

LENGTH OF CARREER: Types of music that cater to a teen audience specifically, offer musicians a relatively short possible carreer. This is because their success depends on their youthful appearance and of course, their ability to grasp what their peers want to hear and perform it. Young singers especially are hard on their voices, often asked to sing in real voice in the high register, which they will only be able to do while young. Such young performers or even older musicians that happen to have teen appeal will put on quite a physical performance with far more movement than even the busiest strolling musician or marching band member. Performers often come off stage drenched in perspiration, out of breath, looking more like athletes or Luciano Pavarrotti after a night's work. These special demands must be considered above and beyond more sedate types of performances. The fact that most musicians will only be able to perform this way for a relatively short time must be taken into account in terms of fair remuneration and actual amount of labour involved.

Finally, it should not be forgotten that music is an art form. It is a performing art. Musicians are artists; they are considered professionals. Theoretically, all of these extra tasks mentioned earlier should not, as a work condition, be asked of musicians. But at the present, in addition to all of this, musicians must find time for personal practice and study to maintain their skills. Until these work conditions change, it is fair to assume that these extra tasks will be performed and they must see equitable remuneration.

As artists,musicians need to train and learn their craft for years. Art requires sensitivity and god given talent. Performance requires keen senses, nerve and dexterity, good reflexes and in the case of improvised music, a very strong imagination and creativity. These are intangibles; beauty in the eyes of the beholder. Is it difficult to assess an exact value to this part of music. But it is possible to try and compare music performance with other occupations or professions to arrive at what should be fair compensation.Would actors , athletes or dancers be fair comparissons. Occasional, short term work, seasonal employment is usually assessed a higher scale to compensate for it's unsteadiness.

The values of the art, the performance and the extra tasks all need consideration in the calculation of a fair scale; a minimum paid to a professional for gainful employment.

PART 2

LEGITIMATE WORK CONDITION CONCERNS:

The last forty years of popular music have been characterized by the very young age of the performers. Youth and inexperience have been exploited by a very rich, powerful industry. Working conditions are in such a state of disorganization that it is difficult to think of them ever being acceptable. For a union to properly defend and represent musician's interests in popular music it must radically change to keep up with an industry and an art form that grows exponentially in complexity. Our union must be able to set and insure proper working conditions for it's members. Guidelines and norms need to be formulated and adhered to.

Of the most urgent concern is the lack of legal protection under which musicians operate. Today's pop music industry moves very quickly. Contracts pop up left and right and at every turn in a young musician's career. The problems are compounded by a lack of clear definitions of the roles and duties of agents, personal and business managers and employers. It is as though the industry works on a set of guidelines and rules that take for granted the unprotected, vulnerable nature of today's young musicians.

And sadly, the most important concern, the musician's own health and safety are almost totally ignored in most instances. The new and much needed field of music medicine recommends above all: education, protection, and prevention.

ETIQUETTE AND PROTOCOL: Proper working conditions begin with the employers and musicians on the same wavelength. There is art and there is business. Pop musicians often are not treated fairly and often without any respect. They are considered un - schooled, unprotected, lucky to get a job, marginal in society due to poverty. This is an image that we can greatly improve. Respect from employers and society at large will surely improve by showing an organized, informed approach in our dealings with them. Education of employers and musicians concerning how business is conducted and how musicians are to be treated is greatly in need. As to how and what this etiquette and protocol should be, this could easily be formulated starting from existing codes of etiquette for musicians such as exists for classical and jazz artists. It is quite probable that because of the populist and egalitarian ideals of pop music that it's etiquette or protocol would be somewhat less rigid, much more casual. Some employers do have excellent relations with artists and some even pay very fairly and make sure artists have what they need to perform their best. It is this type of employer that we wish to attract to the industry and to transform less cordial employers into more informed, fair partners.

THE CODE OF ETHICS: The A.F. of M.'s code of ethics does not appear per say in the bylaws of the A.F.of M. The reader is refered to the A.F.L. C.I.O. code of ethics. (A.F.of M. art. 27 section 6 section 9 ) The local 406 code of ethics is derived from Bill 90. Neither of these documents are readily available to most musicians. A code of ethics should include a business etiquette that covers every aspect of one's dealings with fellow members, agents and employers and our own union. As such it should be joined to the bylaws.Pop music has never really had a code of ethics formulated by the musicians. The Union's main purpose for the pop musicians is it' s potential to bring about the adoption and promotion of our code by the pop music employers and agents. As such, this code of ethics should be published with the bylaws it ( the Guild ) wishes it's members to follow. (local 406 already does this. It only needs to expand it. see also : contracts and conflict of interest re: code of ethics.)

PROPER LEGAL PROTECTION: Although many excellent books exist on entertainment and music industry law, very few musicians are aware of their rights. The fact that the subject is far too complex for anyone but an entertainment lawyer is what must be made clear to all union members. The way our art is bought and sold should be controlled as much as possible by musicians. The code of ethics would stipulate that our association of professionals insure the legal protection of it's members in it's dealings with purchasers.The education of it's members as to what constitutes proper legal protection in dealing with the industry should become a union priority.

CONTRACTS: Existing A.F.of M. contracts are extremely overdue for revision. These are not specific enough leaving many loopholes and voids. As was suggested in the wages and fair remuneration section, much of the actual labour is unaccounted for and not writen in black and white. International pop music superstars annex lengthy riders to the A.F. of M. contract to improve their protection when performing live.Their experienced managers make sure that nothing is left to chance or is ambiguous. Their sidemen on the other hand may have little or no protection from the bandleaders or their management .

There are a multitude of relationships and entities that should or do employ contracts between each other. There are partnerships, single artists and sidemen, acts and agents, producers, promoters and managers, lawyers and accountants. (Our code of ethics needs to address all of these relationships and every possible combination of such). A fair contract that truly reflects the labour and legal status of each member at each transaction is not a luxury only a successful few should attain. It must be granted to every true professional musician. A fair contract means that it protects both parties without bias. The purchaser wants quality and we want the conditions and remuneration to do our best.

Pop music is a very diverse field. It is possible that there exists completely different conditions and labour with every contract. New forms of performance can spring up overnight. This suggests that keeping up with the legal requirements of each member and contract, especially in a local as vast as ours could be astronomically complex and costly. Once the Guilde gains the collective bargaining rights it seeks and controls them, it will probably need to have full disclosure of all contracts signed by it's members (Personal management, recording, partnership, personal services etc.) . This would be the only way to minimize legal costs; by prevention of legal problems. This is especially true of artist recording and personnal management contracts. (This said, musicians would then expect the A.F. of M. and local 406 legal departments to be the best in the industry, commanding great respect from even the biggest multinational corporations).

The first contract is between the union and it's members. That is, musicians agree to adhere to a set of by-laws and a code of ethics. In return, musicians should have the definite union services they are entitled to, just as clearly spelled out. For the dues and admission fees they pay, members must know precisely what the union does for them and what their rights are as union members. Perhaps a more equitable document would be titled: Rights and Priviledges of members, Code of ethics and by - laws of the American Federation of Musicians, Local 406. This would greatly help in selling the union concept to pop musicians.

LIVE PERFORMANCE CONTRACTS: The fact that major acts use riders to augment their protection while performing live was mentioned earlier. These riders are a number of additional clauses that pertain to every possible aspect of the performance. There are clauses for: liability, finance, safety, promotion, advertising, ticketing, stage dimmentions, agents, personel, security, unions (IATSE,A.F.M. ACTRA ... ) chronology and so on. The A.F.M. contract is used mainly to register the performance with the union. It contains the names of the parties : artist and employer, some money figures, the name of the agent and agency, the time and place of the engagement etc. It is probable that the artist and the partners and or sidemen never see or sign the contract. On a national or world tour, much of this is done ahead of time. In any case these major tours have road managers and tour directors to do all this work. But where does this leave the artists. The solo artist trusts that his manager oversee these contracts , as does the partnership band. The individual musicians as partners or sidemen have totally different rights to protect. They need specific, different contracts to protect their interests. The sideman is not affected, by definition in the profit or loss of the performance. The partner, on the other hand agrees to do so. Article 28 section 10 of the A.F.M. bylaws defines a partnership but fails to mention how live performance contracts would differ. The deffinitions and differences between partners and sidemen will be discussed in detail later, but here it is of importance to note that the live performance contracts must be clear as to the role of each musician performing and this would seem to require special contracts for partnership groups. Article 13 sections 17 and 18 also deal with share plan engagements but no mention of special contracts is made. This ambiguity occurs at every level of the industry; from the local circuits to the world tours. These various degrees of popularity and importance amongst artists means that contracts for local, small budget productions and major events would have totally different contents as well. What is needed here is the right kind of protection for each musician at each different situation. The local bar band needs certain protection and the overnight sensation playing the Forum needs certain, totally different legal protection. The fact that music is performed is what makes these two situations similar, thankfully. The local musician needs protection from cost - cutting that could endanger his well being,and basic minimum standards for his working conditions. The superstar needs legal protection, asserting his rights to fair accounting if he is a partner. In both cases, the fair remuneration and wage concerns mentioned earlier that apply, should see their way onto the contracts. These are specifically : Vocal doubling, length of workday, new material learning, rehearsals, sound checks, equipment handling and any other duties performed by each musician, partner or sidemen. Touring acts, local club bands and original music recording acts, typically play one specific type of performance over and over again. Once the exact kind of performance is established, virtually the same contract form could be used for each performance with only the specific details changed. But should a new type of performance occur, such as benefits, festivals, midnight shows, matinees or other that is not usual for this act then a special contract would apply and all musicians should be aware of such a change in working conditions. To prevent all of this complex legal work from becoming litigation or union claims and grievances, all union members need to be educated in contracts and how they are affected by them.

All contracts should also mention liability. Music employers, managers, agents and band leaders should have their responsibilities clearly defined as well as the monetary concerns and safety of all personel and equipment involved, also the safety of the audience and the insurance liability, specifically in the case of accidents, injury, theft, non-performance and acts of God.

The monetary clauses that refer to payment for services must be clear. In the riders used by some acts, the payment for services is done according to conditions agreed upon by the employer and the act. Partnership groups not represented by management competent enough to draw up proper contracts and all groups without management have little or no control over payment for services. Even groups that acquire bookings from reputable agents or using current A.F.M. contracts have been known to not get all or any of the monies upon termination of contracts. Others , still get paid by post - dated checks when they had specified prefering cash payment. All contracts should then be very specific in detailing the mode and timing of payment. Most groups would appreciate either full payment in cash or a part payment in cash and the balance by properly dated, certified cheque. This is especially true for club and out of town performances. Many groups working in the better circuits demand full payment before the performance. This would be helpful in all cases.

Contracts should be reviewed every year by a panel of experts to insure that they benefit from any new rights and benefits that are legal and applicable, and that would be desireable for members.

Other concerns such as per diems and expenses will be dealt with in detail.These and other working conditions will have effect on how contracts for live performance will take shape.

RECORDING CONTRACTS: As was mentioned, there are several types of contracts in a recording situation. There is the agreement for the purchase of the recording, such as Master purchase agreement and the Artist personal recording contract. There is also the union contract for sidemen or extra instrumentalists and vocalists if necessary. The artist recording contract may be approved by the international executive board of the A.F.M. This protection only occurs in a small percentage of situations. Many record companies have no agreement with the union. This leaves musicians and vocalists, sidemen and partners vulnerable as to their legal protection. All musicians should be properly protected in all recording situations. The amateur needs perhaps more protection as he probably will not benefit from counsel or management advice. Even members of the Union are unsure as to the proper form contracts and special contracts necessary for recording. The timing of proper filing is also unknown. There are as well many different types of recordings requiring special contracts. There are demonstration recordings for various purposes; there are recordings for sale or release, publicity or advertising recordings, live recordings, television or movie sound score recordings. there are also recordings of stock music such as muzak or generic bed track recordings sold and recorded in bulk. All of these situations have hazards as to the lack of legal, contractual protection for the musicians involved in the making of these recordings. A union policy that promotes education and awareness, as well as a review of contracts used in all recordings, is over due. The quality of a recording contract's legal protection is directly related to each participant's legal study and counsel used in it's composition. There are also many different roles and situations a musician can find himself in while recording. The need for contracts that account for this variety of participation is urgent.( In today's market the musician can assume any of the following roles individually or in any combination; artist, composer,producer,publisher,independant record producer etc. As such the artist needs to protect different rights depending on his exact role in a recording. The language used in recording contracts should be updated to include commonly used terms in modern recording such as : rhythm tracks, pre-production, remote and live recording, 2 track live mixes, remote and close mike , etc.)

Neighboring Rights, Royalty status, performance royalties and shares of mechanical fees are important concerns that all need to be protected. In pop music , many musicians compose their own words and music or arrange existing material. They have additional concerns to protect. Pop music such as jazz, blues etc. can consist of improvised, spontaneous composition such as solos or counterpoint or arrangements. Whether these performances, their contents, the individual musician's improvised scores, constitute works that qualify as intellectual property and it's protection, is still unclear. The union's participation in umbrella organizations that unite performance rights societies and authors and composers associations is a positive step in the improvement of musician's legal protection in recording work. Musicians should be aware of the various entities that make up the umbrella group and should be clear as to their relationship with them. This is the best way to protect musicians from unfair treatment when recording.

The industry capitalizes on the vulnerable nature of performers. This situation dates to the very first recordings. There could be billions owed to performers due to the performer's lack of legal counsel and protection. This situation can only continue if unchecked and this issue of improving musicians legal protection should be a union priority because of the damage and loss it inflicts on it's members.

TELEVISED PERFORMANCES AND VIDEO CONTRACTS: All musicians need to be protected in the event of resale of the recorded video work from the original signatory employer to a new purchaser such as a distributor or network from another country or state.

Some video clips do not depict actual performances but rather require lip - sync performances. These need guidelines and special contracts. The increased use of video in pop music places great importance on the legal protection of musicians involved in such work.( A.F.T.R.A. claims jurisdiction over musicians lip-syncing their performances; in essence acting as musicians. However some videos depict actual performances in whole or in part.The guilde should have a voice in the conditions and salaries for this working situation, as in any other.)

ADDITIONAL LEGAL PROTECTION: Today's pop musician shares in a number of relationships in the industry. There are personal managers, business managers, accountants, tax specialists, agents, producers, publishers, record companies, promoters, club owners etc. However there are very few guidelines as to the exact description of their roles and with what competancy they operate. Nothing in our by - laws defines or describes in detail what their obligations to the musicians should be. This situation must improve. Guidelines as to what constitutes fair contracts with all of these relationships are an absolute neccessity. These roles and definitions can vary depending on the type of work being done by the artist. Club acts and recording acts should be treated seperately. Their relationships with managers and agents are worlds appart.

The need for a complete study of the legal protection of every member of the Guilde in every possible situation and relationship is urgent. As other work conditions are examined still more legal aspects will be discussed.

MANAGERS AND CONFLICTS OF INTEREST: Many musicians will sign contracts having been assured that the manager's lawyer drew it up to make sure it was legal. This is the most common major mistake committed by legally naive musicians and groups. There are also many conflicts of interests such as managers signing acts to record companies of which they are partners or producers. There are agencies that will act as group or solo artists management. The signing over of power of attorney to a manager, so that he may conduct business and enter into commitments on behalf of the act is an important legal decision. Such important responsabilities should only be granted to individuals who can prove they have the experience and credentials to handle them wisely and honestly.There should be no conflict of interests. Musicians should be especially careful of contracts that make the artist an employee of the manager. Not all management contracts are the same. There are many different managerial services for which the Guilde should assess fair guidelines and percentages.

AGENTS AND AGENCIES: Agents sell acts to promoters and club owners. Whether on the local or international market, agents work from contacts with new or established contacts with purchasers.

Agents make great demands. They demand exclusivity, prompt payment, a commission on the gross and not the net, payment of the commission even on a default or partial payment from an employer etc. They can send a band on a tour that because of important cancellations, is a loss or barely a gain for a group and have no liability or responsibility to the musicians whatsoever. In other words, should anything go wrong the agent still gets paid . The agency contract is very clear in stipulating the agent's commission and how and when it is payable. These contracts do not afford equal protection for the musicians working with only these contracts. Many of these contracts even carry the letterhead of the A.F.M.

It is not unusual for a one-niter to feature on it's bill an international touring act and perhaps several local bands that are not members of the union even if the headliner or featured act is. These multiple billings and an agency's ability to book non - union , professional acts cause much unfair competition. There is urgent need for guidelines and clear policy to rectify this problem.

Agents commissions should vary with the specific type of act they are booking and in what market they operate in. If they offer to book all of an act's work and can do so steadily for good pay, this could influence an artist to relinquish a fair commission. If on the other hand, an agent finds only occasional work or only for a short duration of time, say in the instance that he books all of an Irish group's shows while in Canada for a few weeks , then it would seem that a lesser commission would apply. If a group or artist have personal management that takes an active role in the planning and routing of a tour, this is different from an agent doing all of the planning and scheduling and contractual work for a local club act that is without management. The exact work being done by an agent must be established for every artist in every situation.

Local acts should have the right to not use an agent and sell their services directly to a club or promoter. Agencies should not have exclusive agreements with clubs that would hinder such musicians or prevent club owners from accepting such bids.

In assessing a fair commission for an agent it should be noted that the agent bears no real liability for the performance other than to insure a club owner of an artist's appearance. An agent's actual work and costs for each specific type of engagement and commitments should be available to the artist and the union to assess a fair commission. Agents that book night clubs can book many similar bands onto the same circuit. In this case he does very little new work for each act. Also , these circuits very often are not helpful in building a recording career. It is in the agent's interest to keep an act in his territory. Many young performers are unaware of this and toil in misconception as to their career's path.The need for proper legal protection from agents is urgent and it is an important work condition. Also, all venues that are booked by an agent should conform to norms set by the union as to their safety and comfort.(see also: club acts.p.40)

PARTNERSHIPS, SIDEMEN AND UNFAIR COMPETITION: The ambiguities concerning a musician's status in this work sector can lead to their lack of adequate legal protection and can help create unfair competition. Most groups do not use contracts to begin a partnership. Groups often break up ; there are many changes in personnel. Musicians tend to align themselves with vocalist - instrumentalists or vocalists. The money being offered for much of the employment is so minimal that many acts end up splitting up the monies into even portions and will probably try to avoid paying tax. Each share including the leader's is less that scale. There's no paper work, it's under the table business. Musicians tend to cut their costs to the bone and try and cut down on labour. That means: no stageclothes, bring as little equipment as you can get by with, nothing fancy, why bother ! It is a kind of minimalism dictated by low budgets. Some groups will try using an agent to find more work, but will find that even though the money looks good and they can get steady work, expenses are higher and they have to work very hard and travel a great deal for not much more money. No profit is accumulated. An act may even try to produce demo-tapes or try the independant release route and end up financially back to square one after a few years work. All the while the status of the musician is unclear. An individual musician will probably at some point in his career have to play in several groups and teach to keep up a somewhat steady income. His status is constantly changing from job to job. Trying to bring order to this sector will not be easy. Guidelines and education of musicians who free-lance all or some of the time are greatly in need. For example, partnerships could be required to draw up a partnership agreement.Solo acts should draw up personal services contracts. The union should have access to these documents for study and approval. This would protect each individual in the case of profit or loss and dissolution of the act. This would simplify the union's job of monitoring the act's business, it's management, recording and agency contracts when necessary.

At the present, some partnerships, especially young groups aspiring to become recording acts, will play for exposure alone, and will usually pay to be recorded in the hopes of sharing in the venture's success. As we shall observe, this puts bandleaders or solo artists at a disadvantage. Perhaps if all currently unpaid work were monitored, assessed a scale and considered an investment equal to that value in the partnership and if there were limits on such activities this could help regulate partnership agreements, in the case of success or failure,as well as provide a means of gauging the effects of competition between self-contained and solo acts. Each partner should have his or her own legal counsel when partnership agreements are signed. Partners need to each have copies of all contracts and records of transactions far all recordings and live performances. Partners should receive legal education on how to protect and exercise their rights in the group venture.

SIDEMEN: Sidemen need protection from bandleaders asking them to perform other duties without remuneration such as: undeclared rehearsals, recording, backing vocals, learning new material, copying, programming synthesizers or sequencers, driving, equipment handling etc. To correct this situation, it might be helpful to use two seperate contracts for sideman - leader performances. One contract would be for the act's performance , between the act and the promoter or club owner. The second would be between the leader and the sidemen. This would simplify both contracts and would afford the sideman a more specific contract listing all labour and expenses.( The problem is that bandleaders don`t use the second one at all.)

One of the concerns sidemen or partners would encounter is: who should pay for permanent and temporary equipment! How is this done! There are no real guidelines. There would be many variations. The same questions arise about other expenses as well such as stageclothes and transportation.

A live music equivalent to the Phonograph Record Labour Agreement`s Royalty Musician status should be considered for full time sidemen and partners in recording groups that do not compose(see also: recording acts p.42). If a musician offers his services to an act exclusively for a certain period of time, and puts in extra work, he should enjoy a certain added priviledge.

In any enterprise such as a self-contained group, someone should have basic business skills, if the enterprise is to have any chance of success.The guilde should try to assertain the viability of all self-contained groups business organizations.

UNFAIR COMPETITION: Unfair competition occurs in many ways in pop music. An instrumentalist is at a disadvantage if he must compete with instrumentalists who sing back - up especially when backing vocals are not nentioned in contracts or are not properly accounted for in remuneration. A musician will be hired more readily by club acts if he owns a car. This creates unfair competition to the musician that must use public transportation or have another band member pick them up. The situation could be rectified by proper accounting of personal transportation expenses and fair remuneration.(To many musicians it seems similarly unfair that musicians are hired for studio work according to the variety of instruments or the novelty of the technology of their electronic equipment as much as or more than for their ability to play the part).

Unfair competition occurs between professionals and amateurs in both club and one - niter circuits. Young groups can play both original or cover material. Often bands are made up of weekend or part time musicians that study,work full time at a day job or may not yet have to pay rent or support a family. The relative simplicity of some pop styles makes it possible to put together a show that is acceptable to agents and club owners. These bands compete directly in many cases with bands that support themselves solely by their performing. Because there is nothing to differentiate between amateurs and true professionals the latter suffer from unfair competition. A formula must be found that would allow amateurs to fulfill their desire to aquire experience and at the same time protect the true professional. Perhaps if a club or hall were required by law to post a notice on it's marquee that anounces that the performance is by amateurs this could be helpfull. As well, some clubs should be off limits to amateurs at all times. Bands that cater to a college age audience are often made up of students. These bands are booked in certain clubs or billings that feature 3 , 4 or 5 acts in one night to attract as many people as possible. These shows can constitute unfair competition especially when each band hardly gets paid at all. These types of shows should be allowed to occur in a suitable place such as on campus or at a "frat" house but should be closely monitored when they occur in establishments open to the general public and where alcohol is served and that operate primarily as a show bar where a permanent stage has been made the center of attention. Some clubs and production companies put on a battle of the bands constantly to keep the endless parade of cheap acts at their disposal.

Bands and artists that play original music and arrangements may be victims of unfair competition because the use of copywritten material is improperly or illegally used by cover bands and their employers. Fair working conditions should be established for this type of work.

Obviously, bands that offer to play for low pay, for exposure alone, create unfair competition. Other means of remuneration such as tour support; moneys from record companies to help promote new acts with recent releases or acts new to a major market, can have the same effect. These tour support funds are taken from promotion budgets set by record companies for the release of each new album by new acts. The first national tour for instance takes a young band to new markets and audiences. As such agents and managers try to place these acts as openers for better established acts playing to large houses. These opening spots are often augmented by having the band play the occasional headline show in markets where they are already strong. As was discussed in Fair Remuneration, these opening spots do not pay very much, so a group traveling accross the contiment cannot possibly make enough to cover all of their expenses, so this deficit is made up with new record release promotion budgets.(tour support). The irony is that as promotion money, it must be paid back through the sales of the record by the band or artist!( Often the opening act can generate more ticket sales than the headliner act). Only once the act has proven itself a strong draw in a market will it be able to command a high price for a performance. It would be very helpful to have guidelines that would smooth out this situation and make it fair to all artists in this work sector in a way that would minimize unfair competition between traveling and local musicians as well as competition from younger acts reaching national markets and more established acts in that market.

Opening a show can take as long a work day as being a headline act. A generous minimum wage and scale would deter from unfair competition. At the present, a solo artist who wishes to hire professional sidemen must compete with subsidized groups or young, new acts and often has to ask musicians to play for less because he is under pressure . If such groups are prevented from forming due to unfair competition , the free -- lance instrumentalist or full time sideman will have a hard time finding work. In a way, almost all pop musicians will probably at different points in their careers assume one of the work situations discussed so far. A recording artist can have a very short career during which he may enjoy a relatively high income. The rest of his career he will probably play in more normal circumstances. The purpose of fair remuneration and basic minimum pay scales are to keep a musician's career from having a feast or famine nature. It is unfair competition that creates this unsteadiness in most pop musician's incomes. This in turn affects personal health and personal credit and is an obstacle to long-term planning.

CLUB ACTS: Some groups are formed with the sole intention of performing live revues of current and past hits (cover bands) or tributes to one specific artist (tribute bands). There are also groups that wish to use clubs as a stepping stone to concert and recording careers. As was seen, these could be unfairly competing with the former categories by undercutting for the exposure.

UNFAIR PRACTICES: At the present, there are many financial practices employed by club owners and agents that unjustly penalize musicians. These are in addition to the abuses discussed in the other topics. Here are a few.

1 - Clubs charging musicians for the use of in house P.A. systems, lighting and technicians: Many clubs deduct an amount from the group's payment for the use of this equipment and personel even if a group hires their own. This is seldom mentioned in agency contracts even for share plan engagement.

2 - Groups are often asked to act as the promoter. Moneys are collected at the door. Amounts are then deducted from the gross or top, for T.V., radio and print publicity, rental of the venue, sound system, lights, salaries of sound and lighting technicians and security. What is left is divided among the musicians. Groups do this in showbars and are usually aspiring recording artists. Although this is permited under a share plan as described in A.F.M. , most groups are manipulated into believing that such arrangements will be profitable.

3 - Many clubs offer free lodging or lodging at a discount to travelling acts as part remuneration. This should be closely monitored as there are no guidelines for the quality of these lodging facilities at the present.

4 - Clubs pay by cheques that are post dated or not certified or both in spite of the fact that they had been asked to pay cash upon performance.

These are intolerable work conditions unless truly equitable minimum scales are enforced.

Constant nightclub work is further examined in the health and safety section.

RECORDING ACTS: Many musicians can attest to the fact that they have often tried to join or form a group with the purpose of becoming recording artists and trying to ascend to the national or even international scene. This is a venture that requires a great investment of time for the rehearsal and composition work that is necessary to acheive that level of quality. Partners will be asked to play and rehearse on speculation that the venture will be successful and profitable in some way. Solo artists looking for sidemen will require the backing of a manager or a publisher or investor to pay the salaries of these sidemen and for the rental of equipment and facilities . Solo artists are convinced by unscrupulous managers that the only way to put a band together is to hire cheap labour and/or misslead them into thinking that they will be treated as partners even if they do not compose material and are not actualy signatory to the recording contract. Many musicians simply play ball in the hopes of getting ahead and not being labelled as trouble makers.

TRAVELING ACTS: Traveling is done by both club and recording artists. The one niter tours are easily the most demamding because of the pace of the traveling; at least hundreds of miles per day and days off are often actually travel days where up to 1500 miles may be driven. By comparison, a club act may spend months in a hotel or resort town bar before moving on. At the present the union suggests a weekly scale for musicians on the road that fairly remunerates for the minimum musical services. However, as was discussed in the wages section, Touring musicians are asked to perform other duties. Like all pop musicians they probably sing some back - up that is not accounted for, but on the road is where the other non - musical extras come in. The driving of rented vehicles, the bookeeping, the equipment handling and sound checks ; all unaccounted for in union contracts and not remunerated or very slightly so. There are of course those extra duties that might cross that Royalty status line such as agreeing to interviews, in-store autograph sessions, press conferences, record launches, the very type of things that define Royalty status, all unpaid. These excesses must cease, these working conditions must be corrected.

It can occur on a low budget tour, typically for an independant band or a very young touring act, in trying to support their first national release, that to cut costs the band will travel in one or two vehicles and have the band members do some of the driving and move some equipment. Only their youth and health protect them from the obvious physical and emotional drain such a one niter tour across the continent would become. These young naive musicians need only have a poorly routed tour to put them in danger of exhaustion after the first week of the four month tour. These musicians need protection from such long, physically demanding consecutive work days.

As a working condition in general, it would be prefered that no musician perform other duties whatsoever. Until that becomes so, these other duties should be fairly compensated and regulated to avoid excesses and endangerment of the worker's health. Limits on how many miles a musician can be allowed to drive per day, per week, must be enforced. To not do so would be endangering the worker's, his fellow workers and the general public's safety. A scale should be assessed for all extra managerial or manual labour asked of a musician and regulations should cover how much of this work, added to the musical labour contracted for, can be taken on by a musician per day, per week.

PER DIEMS: Per diems should be shown seperately on the contracts from the pay received for musical services . The purchasing power of per diems are directly related to the cost of living increases and should be updated at least every year. Travellers pay much more for meals and basic personal care supplies than do home dwellers. They must eat in hotels, restaurants, airports, all of which makes them pay high prices and high taxes. These costs must be kept in mind when assessing fair per diems. Travel to certain particularly expensive cities such as New York, Los Angeles, Washington, Ottawa etc. should be alloted higher per diems. If, as was described above, bands use a whole day to travel, these days should be fairly compensated as they are physically demanding and should see a higher per diem due to the lenght of the work day.

SAFETY OF THE WORK AREA:

THE LIVE VENUE: A safe, pleasant working environment is conducive to high performance. The health and safety of all members should be protected in all areas where work is done. Musicians spend their working days in clubs, hotels, theaters, stadiums, arenas, wherever they must play. They also drive or are driven in vehicles. They also rehearse in warehouses and studios. Guidelines for the safety of these work areas are in need of revision. (Occasionally they will suffer air travel or perhaps a train or boat excursion, however these are not owned, operated or rented by the employer or employees). The venues that performers are asked to play in are often not designed for the purposes of live music. This creates situations that are potentially more dangerous for the performer and audience. Here are some of the most important concerns.

SAFETY OF THE LOAD - IN AREAS: Once again, it is assumed for the time being that musicians will unload vehicles of heavy equipment and carry it to the stage area. At the very least, this area should be well lit and free of obstacles and wide enough to safely carry large instruments. Some clubs, studios and rehearsal facilities are not at street level with only stairs to connect to the stage area. Extremely long staircases and long distances from vehicle to stage make the work of loading in and out a much harder, longer and dangerous task.

Venues where difficult load - in conditions exist should be set a higher scale to compensate for the extra labour and effort if musicians are to do the work.

Club owners should consult the Guilde before building or renovating if they intend to have live music. (We are musicians, not furniture movers).

ACCESS TO THE STAGE: The area surrounding the stage most likely to be travelled by the musicians for loading of equipment and performance, the path to and from the dressing rooms, (if any) also need to be properly lit and clear of obstacles, low overhangs, and of a design to insure good footing. Pop music performances often are accompanied by lighting focussed on the stage while all house and backstage lights are turned off. This creates very dark unlit areas. A musician coming off stage and the intense glare of the stage lights must be very careful . Black light and floor level safety lights should be recommended as well as the use of flashlights at performances where house and stage lighting blackouts may occur.

STAGE AND VENUE DIMENSIONS AND DESIGN: Small stages or designated performance areas such as small dance floors, stacked tables or other temporary or makeshift stages have certain definite health hazzards for musicians trying to access and perform on these stages. Small quarters mean that a musician wii be close to loud sound sources such as drums and amplifiers and monitors. Close proximity to powerful lighting can cause high glare and temperature during performance. There is also a risk of injury from sudden contact with hard objects and surfaces and low headroom or overhangs. Wiring is always underfoot and results in falls and accidents and damage to instuments. All stages used by union members should be made to conform to size and safety standards. Makeshift staging should be checked for security of design. Power sources , electrical outlets should be of safe design and be in good repair. They should be easily accessible and situated at both sides and back of the stage to prevent the need for long, cross stage extension cords. Fire extinguishers and emergency exits adjoining stage and backstage areas should be mandatory.

During performance the wiring of the band's equipment should try to avoid long cross stage extension cords and connectors. The sound system should also be set up and wired to minimize wires that lay on open sections of the stage thereby constituting and obstacle to performers.

At all performances, someone should be responsible for the safe deployment of equipment and the general safety conditions on stage, so that in the event of a concern by a musician, the situation can be quickly rectified. Bands and venues should have first-aid kits available.

DIMENSIONS OF VENUE: Small stages and venues make it virtualy impossible to play pop music without putting in danger performers and listeners. The danger is from loud sound and it's effect on hearing. Very small clubs should not have more than duos or acoustic ensembles. Larger halls with very live acoustics such as gyms should similarly avoid a P.A. sound level of over 110 Db and could not do so for extended periods of time without breaks. The consequences of ignoring the danger of frequent and prolonged exposure to loud sound will be discussed in the health concerns.

TEMPERATURE ON STAGE DURING PERFORMANCE: The temperature on stage during a performance should not be so high as to cause dehydration. Stage lighting should be far enough away to avoid high temperature and excessive glare and brightness on stage. The performing area should be well ventilated.

VOLUME OF SOUNDCHECK: Soundchecks include the testing of the sound system and on-stage monitors. This can cause sudden very loud peircing feedback,especially the "ringing out" of monitors. A drummer may be asked to pound on his snare drum for 5 minutes so that a sound technician can establish mixing console settings. Every snare shot is between 100 and 120 Db. Anyone on stage working at that time will be subjected to harmful sound levels. A similar procedure is repeated for every drum microphone and then each instrument and vocalist. Once every input into the mixing consoles has been checked, a mix of the whole band is attempted.In the course of finding the right sound, more sudden peircing feedback can occur.

The volume of the soundcheck can be dangerous. Some guidelines for the protection of the musicians must be established and strongly enforced.

VOLUME OF PERFORMANCE: The smaller the room, the more important it is to enforce safe Db levels. Even if a band soundchecked at a reasonable level, the extra adrenaline of playing to the audience may drive stage and P.A. volumes past reasonable volumes. In a small room this volume will do harm in minutes. In bigger venues with larger stages, at least musicians and some members of the audience can move about and not have the sound sources too close, but even an outdoor Rock festival can be dangerous. The headline act is the only act to occupy the entire stage. Opening acts must use the front tier or less of the stage. These musicians cannot avoid being up close to their amplifiers and drummers. Some of the members of the audience may be right up to some of the P.A. equipment or trapped in the middle of the crowd, directly in front of the stage , at ear level with the stage amplifiers! This is another example of why loud sound should be prevented from occuring as a rule. Ear plugs are fine but there will always be unprotected members of the audience.

Someone should be legally responsible for the volume of the performance. This is so that if a problem occurs, a musician can stop the performance and bring about immediate resolution of the problem without prejudice to innocent parties. If a musician is forced to perform in an un-neccessarily loud situation, he should be able to ask the guilde to sanction the guilty party. Members of the audience are often protected by municipal by-laws on allowable sound levels. These should be respected and enforced.( Are musicians protected by worker safety laws?)

In most instances, loud is exactly opposite good in sound quality. Abuses of volume are usually due to poor training or intoxication of the culprits. Education and sensitivity training should be union priorities with younger, inexperienced players. There was a time when the onset of new technology in the 50's and 60's made loud volume a legitimate,artistic experiment. We now know it's limitations and dangers. Today very few musicians do it with control and intent, as art! Some sound technicians are not musicians. They are technicians and operators. A powerful sound system is like a fast car or motorcycle. They are more concerned with showing off it's power than simply using it at it's minimum.(which is what they should be doing.) They are intoxicated with the power and get carried away. They are not the only ones; there are too many musicians that still insist on or are unaware of their loud performance volumes. Very often a band will begin playing immediately after recorded music has been fed through the P.A. at loud volume. The group will try to match that volume and play that much harder. The live music however is not going through the same compressors and limiters; it is much peakier,harsher and much more dangerous than recorded music.These practices are due to a fundamental lack of knowlege in sound reinforcement theory; something that is cured by proper training and awareness.

DRESSING ROOMS: Many clubs not designed for live music have no dressing rooms available. If a D.J. is playing loud music between sets, a musician cannot rest his ears . Rock club dressing rooms have to be seen to be believed. At the present, there are no guidelines for dressing rooms whatsoever. Musicians should have clean, well ventilated, private, secure dressing rooms that access the stage directly and have access to washrooms not used by the audience. A proper dressing room should also have hooks for clothes, mirrors and lockable secure doors. There should be enough room to do some work on instruments or stage clothes. The dressing room should be insulated or removed from the sound of the P.A. to provide performers a reasonable amount of peace and quiet.

REHEARSAL FACILITIES: Load in areas should be treated exactly as in #1 ; that is, scale affected by the amount of labour for the setting up of equipment. Rehearsal facilities are usually small so volume is critical to safety. Insurance liability for use of the rehearsal space should be established.

RECORDING STUDIOS: The safety concerns of working in a recording studio are essentially the same as for rehearsal facilities. The same load in concerns exist as well as the temperature and climate concerns of the studio when in use. Musicians must protect themselves from loud headphone and control room volumes. More and more home studios are appearing. This should be studied, as this situation would suggest new concerns such as worker safety and liability.

SAFETY OF TRANSPORTATION: All transportation used by the musicians should be subject to safety norms, especially tour or long distance vehicles. Musicians should not be crammed into vehicles and no overloading of small vehicles should be tolerated. Safety of transportation includes the operators and occupants of vehicles. All members of the Guilde should receive defensive driving education, whether they drive in the city or highway. Club musicians must refrain from driving too soon after consuming alcohol and passengers should be on the lookout for this.

These working conditions are not outrageous, exhorbitant or unreasonable. There is no reason any worker should ever risk his health and well being to do his job. At present only musicians on the biggest tours work under safe conditions.

HEALTH CONCERNS: Musicians have been around for a long time. Pop musicians have a few additional concerns in these modern times. From the following list you will recognize many of the classic problems musicians have faced but there are perhaps some not so familiar ones as well.

Today's pop musician's healths are affected by: Stress , poverty, occasional work, odd hours, insomnia, alcohol and drug use, poor diets, poor self-esteem, loud volumes, lack of legal protection and standards, lack of long term financial planing, lack of daycare, lack of access to U. I. , expensive education, extra long work days , proximity to criminal activities, second hand smoke, performance related injuries and the general ignorance of the employers, agents and the general public about musicians and their profession.

Of the preceding list, many problems can be alleviated by proper education and awareness. Others are legislative and involve laws and acts of government to solve. Some require professional help and counseling such as alcohol and drug abuse , legal representation, performance and shift-work related medical problems. Solving all of these problems will take a long time. These very difficult work atmospheres we have discussed so far, will probably be around for some time. If this is so, a case can easily be made for such work to command danger pay for it's hazardous nature.

Throughout this look at pop music, it has been assumed that musicians for the forseable future will handle equipment and perform other duties. The handling of equipment is however extremely hazardous to the health of musician's hands and fingers. Musicians perform their jobs with these hands and fingers and cannot even break the skin or pull a muscle or tendon. Such an injury could prevent them from working for a long time. So if this is to continue, certain basic protection such as: training, proper gloves, footwear and workclothes, flashlights etc. should be promoted. As well , a proper rate of work and guidelines for weight limits should be observed. Our freinds at I.A.T.S.E. would probably have much to say on this subject. At present only musicians working at the highest level are exempt from this type of work.

In some circuits, alcohol and cocaine use are rampant: the norm as opposed to the exception. Musicians may need special counseling as their proximity to these activities will continue even after they are rehabilitated. The Guilde should seek to develop a drug and alcohol rehabilitation program specially designed for musicians. Education on the dangers of loud volumes and principles of music medecine in general should be promoted and developed by the Guilde.

PART 3

IDENTIFICATION OF OBJECTIVES, OBSTACLES AND SOLUTIONS: Having been awarded jurisdiction in the sector examined above, the Guilde can now act to transform this live and recorded pop music market. The Guilde must now organize it's objectives and find the will, the resources and the effort to pursue them.

A - THE OBJECTIVES: Our objectives are all of the wages and work condition recomendations. They are fair, reasonable and obtainable. (a detailed list of the specific recomendations of this study may be found on page ... ). They may be categorized as improvements to 1 - Wages and remuneration. 2 - Working conditions. These may include 3 - Improvements to Union services and 4 - Improvements and expansion of the Market.

It is hoped that a good case has been made for each recommendation. These improvements would seem logical and for the good of not just musicians, but for the public and purchasers of our services. We are the first local in North America to profit from artist's rights legislation. Our progress will be important to the future of all artist's rights reform to come.

B - THE OBSTACLES: There are many serious obstacles to achieving the objectives mentioned above (and listed on page ...). Her is an overview of these problems.

1 - For our objectives to be reached, it will take an enormous amount of time, effort and money. Here are the main factors. Firstly , the scope of the problem: Quebec is gigantic, geographically speaking. It is literally thousands of miles of some of the wildest, remote country in the world. To have control of events in some remote areas will be expensive and difficult. Although we can concentrate on the most populated centers first, some thought should be given to the challenge of the eventual total control of this giant jurisdiction. Secondly , there are many thousands of musicians employed in popular music.Should all of these musicians join the Guilde, membership could triple in a short time. Such an expansion is not without cost. Thirdly, there are equally thousands of employers or music purchasers that are not grouped in associations that would require seperate bargaining negotiations.The cost of this is immense if one considers that each negotiation requires perhaps thousands of man-hours in preparation and actual negotiation as well as the acompanying office expenses. Also, we wish to gain control of our dealings with all business partners mentioned in work conditions. ( legal and contracts p.22 ) This is an immense challenge in terms of cost. Then there are the bureaucratic changes that are necessary. Like all bureaucratic action, internal Guilde change, to it's by-laws and practices is slow and not without cost. These it can more or less control. There are also certain changes that require dealings with the great bureaucracies, namely; the government and the legal system. Such changes are always slow and expensive and are not controlled by the Guilde. It is difficult to predict accurately how much time and expense these changes will require.

2 - The following factors also act as obstacles that the Guilde must overcome in reaching it's objectives. The Quebec pop music market is unlike any in North America. There are both French and English music industries sharing this market. However, just like the North American market, it is not very kind to musicians. The purchasers and controllers of musician's talents and careers foster and thrive on the legal vulnerability of artists. To most managers, agents and record companies, taking advantage of artists is the regular way of doing business. The ethical considerations are seen as being contrary to profit and decreased risk. The concepts of control by artists and collective bargaining agreements are quite foreign to this market. This situation will require great effort and expense to correct.

The lack of legal awareness among musicians is also part of the problem. Because most pop musicians have little formal education in entertainment law when they first enter the market, they can quickly succumb to big promises and lofty claims of unscrupulous managers and record companies. Their dreams are used against them. As well, they are misinformed about how Unions and collective bargaining agreements don't work and will never do them any good.

It is unfortunate but the Union has a very bad image among pop musicians. It is regarded as powerless in most situations and more as an enemy than a friend. One is more likely to get fined or sanctioned by the union than helped or rewarded. This is the general distrust that is a legacy from the decades of lack of artist's rights. This situation will also be difficult and expensive to correct.

At present very few pop musicians belong to the Guilde. Most of the work is done outside of union control. Many of these musicians have very little formal musical training. Because of the relative simplicity of the music, many can enter the market and derive an income from their performances. If all of these were to be counted, they would probably outnumber musicians having formal training and involved in classical and other serious types of music. If a majority of pop musicians became members of the Guilde, this would cause a fundamental change to the demographics of it's membership. It is unclear exactly how this would affect the Guilde and it's operations. It is forseable however, that such an addition of membership and expanded services to members would greatly increase the Guilde's operating costs.

It is a reality of international pop music that it is most often accompanied by English lyrics. Musicians from any country in the world will sing in English to export their talents more easily. There is also the origins of rock and roll as being Anglo - American that make musicians want to exploit that idiom in pop music. This being said, the size of the international market and it's potential for generating income to local musicians are great. Unfortunately , Montreal and the Province of Quebec are not considered centers for this World market. There is a lack of high level work in several areas of this export market. There is very little locally produced english language television production of pop music or involving pop music. There is a need for a greater major international and Canadian record company presence in Montreal and the Province. The closest centers for English music are New York and Toronto. Although we are closer to these centers than many localities, we are more likely to see our musicians move there because they offer so much more work. Although musicians can play english language music in local clubs, they have no opportunity to access the international market because very few international acts are based out of Montreal. Although the talent is developed here, we loose it's considerable potential for income to centers where business is being done. The improvements of the market would be more than worth the effort in terms of generating employment and international revenues.

SOLUTIONS: Now that the objectives and obstacles have been studied, perhaps solutions can be formulated. Here are some examples of possible options. So complex a problem, involving so many variables and dynamics, requires a definite strategy to bring about results in the briefest delay. There is need for a Plan of Action. Such a plan would tackle the three major areas of this problem : 1 - Internal Guilde changes (these will be detailed briefly); changes to it's laws and services. 2 - Changes to laws and involving government lobbying, improving existing programs and all the work this involves. 3 - Changes that affect employers and the public; to increase their awareness of our needs and potential. There are many negotiations to undertake with employers. There is also the need for a public awareness campaign dedicated to the promotion of a new professional, trained, aware musician work force. The plan of action would set objectives and priorities to bring about the most benefit in the briefest delay. In dealing with the government, it would be helpful for the guilde to stress that the changes we want, are to help broaden the tax base and decrease the underground economy. We wish to re-train our workers and give them a better chance of staying off welfare. These are some of the main reasons for their giving us Bill 90. We also seek to increase our ability to earn greater foreign revenue and to be able to help Quebec`s tourism industry by providing world class entertainment for it`s new exclusive resorts and casinos.

Although this study would appear to demand a great deal from record companies and club owners, they should realize that, as their partners in the local tourism and entertainment industry, we can help get from the government the changes to improve the market they seek, such as lower alcohol taxes and decreased paperwork. The public`s support should not be difficult to gain. Quebecers have always been very good supporters of the of the arts in general and music especially. The Guilde needs only to speak out through the media to rally this support.

THE INTERNAL UNION CHANGES: Many of the problems described in this study will find their solutions in the following internal Guilde changes.

Before any changes such as those listed below take place, the guilde should open avenues of dialogue for members. It should continue to solicit members views with polls similar to the summer `92 poll , and begin work groups to study proposed changes. The Guilde should create a special task force to direct the plan of action in reaching it`s objectives.

1 - SERVICES TO MEMBERS: The Guilde and the A.F.M. are constantly increasing their services to members. However, in our local's jurisdiction, the Guilde, having been granted a mandate to promote and ensure musician's rights under Bill 90, can act much more rapidly in offering new services to it's members than the A.F.M. Many of these services require changes to laws or the development of new government policies. As such, certain new services to members, as will be described shortly, will need to wait for their turn in the implementation of the overall plan of action. The selling of the union to pop musicians will be greatly simplified by the addition of truly useful and meaningful services to members.

Education and awareness programs on a variety of topics important to today's musicians. This could include:1 - Education and counseling on business, legal and Guilde procedures, to insure increased protection and benefits. 2 - Artistic education. Music and theatre courses to re-train self-educated musicians and upgrade older musician's skills and computer literacy. Any financial help possible in aid to members in search of continuing education; loans and bursaries, grants, free programs. 3 - Education and counseling on music medecine. Nutrition, fitness and prevention. Such changes should go beyond internal Guilde changes and include the formation of an artistic community that would include artists, teachers, business partners and doctors as well as any other representatives from other fields that lend support to the creation of art. This would include contact with university faculties of law, music, medecine, business and arts, to assist and direct the formation of our support community. 4 - Placement services are in great demand and could best be handled by the Guilde. Whenever necessary, this service could refer musicians back to the education services to make employment more probable. If at times no work as a musician is available, perhaps other union work could be obtained , from the Guilde, or with the cooperation of other unions in the arts or industry. 5 - Although Unemployment Insurance is a government function, the guidelines and formation of such employment support programs for musicians should be overseen by the Guilde. There should be seperate guidelines and plans for employees and self-employed professionals. 6 - Access to credit : Although the Guilde does offer a major credit card with special benefits for musicians, a lot of members could not qualify for even these because they have inferior incomes to those required by banks and credit companies for loan acceptance. Many musicians need occasional loans, often to purchase new equipment or to fund the begining of a venture such as a live revue or recording project. Any help that can be offered to improve this situation would be welcome.( It is hoped that strong business and artistic education would help musicians in the future to better handle the long term planning of their careers and thus enjoy better financial well being. Perhaps if membership were to grow enough, the Guilde could operate a caisse or a co-op bank of it's own.) 7 - A seperate pop department. Popular music performers, having different priorities and needs from those of classical , jazz and other groupings of musicians , such as those employed by radio, television and other collective bargaining agreements, should have their own services and department within the Guilde. This department would have it's own tariff grid, by-laws and code of ethics in an effort to paralel the services and protection offered to classical, jazz and c.b.a. musicians without affecting these negatively. This could be an option if the Guilde finds itself stretched too thin in trying to accomodate the wishes and needs of all of it's members.

8 - Union Production: The pop music acts could use more access to M.P.T.F. engagements. This will improve with increased membership. However could there be a role for the Guilde in producing it's own live performances and recorded audio and video product . This could be a vehicle for increasing Guilde revenues as well as creating employment for local musicians. This would also help in promoting Quebec's talent to the United States and overseas. Perhaps a 24 hour live music station or cable access service.

B - CHANGES TO THE CODE OF ETHICS: Changes to the Guilde's code of ethics were discussed in the Work Conditions chapter, p.22. This discussion pointed the way to an expansion of our code of ethics and much greater detail to provide added protection and rights to musicians, as members of the Guilde.

C - UPDATING CONTRACTS AND GRIDS: Also seen in the Work Conditions section, an update of all contracts , to provide better protection for today's musicians. Some of the major changes would include the mention on contracts of the time and amount of work included in equipment handling at a scale to be determined by the Guilde. As well, the use of cash part or full payments for certain engagements would be clarified and more common.

D - CHANGES TO THE TARIFF GRID: An updating of the tariff grid to include the unusual work circumstances such as very late work hours, vocal doubling, equipment handling and such found in pop music specifically.

E - INCREASED SPECIFIC COLLECTIVE BARGAINING AGREEMENT NEGOTIATIONS: The Guilde will undertake more and more negotiations in the next few years. This work is very costly and will demand a great effort in terms of time and human resources. The plan of action's entire rhythm depends on the efficiency and success of these negotiations. Certain live music markets in our major cities are easily identifiable by their advertisments in local newspapers. An example of this is provided to help focus the attention of the negotiations on employers that are currently doing most of the business on a regular basis. Targeting these employers first would bring about Guilde control and protection to a majority of musicians in the briefest delay.

F - INCREASING GUILDE REVENUES: To help cover the cost of the Guilde's increase in size and operations, Guilde revenues will probably need to grow. Increases in membership fees and dues can only generate so much. As the changes in this study only affect a portion of current Guilde membership, there is certainly a limit to the funding neccessary to tackle such changes. Additional and alternative means of revenue growth could be as simple as merchandizing or as complex as Guilde owned caisse populaire and production company projects. In view of the fact that the pop music industry in general derives great revenues from merchandizing, there seems to be tremendous potential for the Guilde to draw substantial revenues from this source as well. Merchandizing also increases visibility. It can help define the corporate image and improve team spirit. Guilde financed production of live concerts and recorded audio visual consumer products may seem elaborate and of high risk. However within the Guilde there are the artistic resources necessary for the production of the highest quality standards. As a producer, the Guilde and it`s members would retain all of the profit generated by such ventures. The Guilde is technically the only party in the entire industry that could derive such a high, unshared percentage of revenues from such ventures. This fact would seem worth consideration in view of the substantial income possible by accessing the consumer directly. Other benefits of consumer production are the increased exposure of local talent and the rewards of sharing in a product that is entirely controlled by local musicians. This would also create wider networks amongst our members.

G -EXPANSION AND IMPROVEMENTS TO THE MARKET: The recommendations of this study are all possible improvements to the market; better wages and working conditions. We wish to upgrade and modernize our circuit. In other words, make it more professional. Earlier it was mentioned that Quebec s music market is unique in that it is in fact two markets: a predominantly French market and a small English market. However, there is much expansion that could be possible to both markets.One of the main reasons is Quebec and Montreal s geographic location. Another is Free Trade. Although seldom realised, Montreal is an ideal center of operations for anyone in the North American music industry, perhaps more so than for the Canadian music industry. On the map (p. ) a 600 mile radius is drawn around Montreal. This is aproximately within one day s travel. Nearly 30 million potential consumers reside mostly within the American portion of this radius. It is the most densely populated area in North America. Many of the cities in this area are bigger markets than all of Canada. Musicians , agents and record companies from our local can access this market far more easily than someone in Texas or Florida. Although this access to the American market would benefit mostly Anglophone musicians, it offers equally vast potential to our French product. That is, as long as free trade is assumed. At the present, musicians cross the border only through an exchange program sponsored by the Canadian and American immigration departments. Before endorsing the concept of free trade, the impact of free trade on our local s business is still to be determined. There appear to be both positive and negative effects to our local market. The questions seem to be: 1- Does access to the American market outweigh the potential loss of work that would result from American acts having access to our market! 2- Will French music suffer from increased competition from American and Canadian music and culture. So far , the Guilde has never been consulted or included in any free trade negotiationsor plans. This should be corrected as it would seem that the futur of our market depends on our place in the free trade environment. An optimistic view of free trade at the present, would see the Guilde vigorously defend our musician s access to the gold mine south of the border, via free trade, and not through some lopsided immigration policy as is now the case. But such action should wait until it is clear that free trade would be a desireable mechanism for the expansion of our local market.

H - STUDY OF EXISTING FOREIGN ARTISTS RIGHTS: Surely some of the work described so far has already been completed in certain European countries. Anything derived from the study of their artist rights improvements that could help us be more efficient would be welcome.

CONCLUSION:

Needless to say that these reforms are greatly overdue. Several generations of musicians have been victimized by the giant entertainment industry. Their great love of music and their legal vulnerability were used against them. It is hoped that this study will be of some use in drawing up a plan of action and in bringing about a healthier working climate for fellow members.

Thank You. Paul de L. Harwood. 94 02 16

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