CHART 2 TV FILM MADE This petition concerns problems arising in the fields of film and phonograph recordings and transcriptions, which fields are dealt with by the American Federation of Musicians, as distinguished from its locals. Technically, the theatrical motion picture field, the television film field, the transcription field and the phonograph recording field are each the subject of a nationwide collective bargaining unit, represented by the international union itself. The members of local 47 know that 97 percent of all motion-picture recording, 94 percent of all TV film recording-done by American musicians-and 33 percent of all phonograph recordings, is done in Los Angeles. Therefore one-half of all payments made to the trust fund are in the nature of royalty payments on the services of local 47 members. (See chart 3, p. 63.) We know that recording musicians constitute a small percent-perhaps 3 percent of the total federation membership and therefore they have very little voice in the determination of federation policy, but we also know that it is upon the professional ability of this 3 percent and the recorded services of these musicians that all trust fund payments are made. It is therefore obvious that local 47 and its members have a unique and particular interest and concern in matters affecting these fields. Yet, because of the organizational structure of the federation, local 47 and its members have only a very minor voice in the affairs of the international union. As a result, the employment of musicians in the film and recording fields, and the conduct of the relationships arising therefrom, is, for all practical purposes, controlled and governed, from the standpoint of representative weight in the AFM, by musicians who are not concerned with these fields of professional employment. Because of this, an extremely high degree of responsibility and trust rests with the governing body of the federation to respect and safeguard the interests of this important but impotent minority in the conduct of affairs affecting film and recordings. By the same token, extraordinary procedures by the members of these groups in advancing their own cause and protecting their interests and rights are justified. There is a very large amount of money and an extremely important economie stake involved here. We believe that the hardship and injustice worked on the professional recording musician in inadequate wage raises, lost residual rights, limited employment opportunities, all traded for trust fund payments, are out of proportion to the good that is accomplished by this fund. (See letter, exhibit 1, pt. VI, p. 84.) The per capita allocation of the trust funds in 1954 was approximately $7 per member for the first 5,000 members in each local and about $2 per member for all those in excess of 5,000. It is questionable if any individual musician would receive over $250 in a year as the result of trust fund performances. Large sums paid to the funds on union members' services go to administrative costs, taxes, and trustee's salary (in the 6 month period ending June 30, 1955, these amounted to over $147,000) and the remaining amounts allocated for musical performances are not restricted to union members. (Letter to Burbank Symphony offering payments to amateur or nonunion players.) Recent new announcements make it manifestly clear that the major motionpicture production companies are opening the floodgates to their reservoirs of theatrical motion pictures for television exhibition. Hundreds of feature pictures and short subjects, all containing music, and subject to the applicable film and television agreements with the AFM are being offered for television broadcast, and will continue to be in increasing numbers. The production of film expressly for television is growing by leaps and bounds. The production, sale, and use of phonograph records continue to set new records each year. With the upswing in ratio broadcasting, there is a noticeable trend toward the ever-increasing reuse of transcriptions. Under the present policies of the federation, these facts add up to huge increases in revenue going into the music performance trusts, moneys which the musicians whose performing services are involved believe and contend are theirs by justice and right, and moneys to which, in substantial part, their right had been recognized and bargained for by the federation prior to its recent reversals in policy with respect thereto. Unless prompt action is taken, these ever-increasing sums will be paid into the trust funds and dissipated beyond the recall of the musicians whose services are the source thereof. All of the musicians involved in these matters are AFM members. There are also concerned widows, children, and other heirs of deceased musicians whose interest and rights in the fruits of the performing services of dead members were once recognized and protected, but have now been taken away. The AFM was and is the collective bargaining agent of these musicians, charged with the responsibility and duty to fairly and diligently represent and protect them. It is inevitable and only natural, as well as being in accord with good union practice, that they would look to the federation for the redress of their grievances. Hence the action of local 47 and this petition and appeal. Specific losses to local 47 members As is more fully set forth elsewhere herein, the following are the categories in which the AFM policies are deemed erroneous and in which the rights of individual members are deemed to have been wrongfully prejudiced: 1. Transfer of theatrical motion pictures for use in television.-In these cases, musicians who performed in the recording of music for a picture, and their heirs, now receive no compensation when the picture is exhibited by television. The compensation which they once received in such cases, is now added to the contribution paid to the trustee of the music performance trust funds for the right to transfer such pictures to television. 2. Reuse of motion pictures made for television.-In these cases, musicians who performed in the recording of the music for a picture made expressly for tele vision, or their heirs, do not receive any compensation when the picture is exhibited a second and subsequent times by television. The trustee does receive revenue arising from such subsequent uses. 3. Reuse of transcriptions.-In these cases, musicians who performed in the making of the original transcription, or their heirs, do not receive compensation when such transcription is reused, either in its original or an altered form. They used to receive such additional compensation; but the same is now paid to the trustee upon such reuse. 4. Increases in compensation negotiated for musicians but paid to the trustee.— In this situation, musicians performing in the making of phonograph records contend that the federation, in the current phonograph recording labor contracts, negotiated for an obtained the employers' consent to an increase in compensation scale to the musicians so performing, but, through a device, caused such increase to be paid to the trustee under the guise of an additional contribution to the music performance trust funds. In all these instances the recording musicians take the position that the federation was and is acting as bargaining agent for the musicians actually doing the work (under the law of agency); and that all payments negotiated, both of a specific amount as well as those in royalty form, belong to the musician, or his heirs, whose recorded services are being utilized. These payments are not inconsiderable, and the members of local 47 would like to point out that in 1954 and 1955 alone amounts of about $3 million have been lost to local 47 members, as payments to the trust fund instead of to recording musicians: CHART 4 RE-SCORING AND RE-USE PAYMENTS ON THEATRICAL FILMS RELEASED FOR TV The professional musician, like every creative artist, has certain rights in respect to the use of his services. This is especially true when his services are utilized by means of recording, in more than one medium, reused in the same medium, or exploited commercially through phonograph records. Certain performance rights exist in the nature of property rights and the recording performer is entitled to compensation for the use of his recorded services. This is recognized by the federation policy and custom and by agreements existing in the fields of motion pictures, TV, live and filmed, transcribed radio and phonograph recordings. (See section on federation policy on reuse and transfer of services.) |