Casual Live Performance
A lot has happened since our last newsletter. Speaking with so many of you, both on and off the record, has enabled me to get a better perspective of the "real world" as it applies to the music industry in this Local. Not only has the communication been great, we are really moving along well in providing services. The Local is once again addressing grievances and other issues on behalf of its members. We have brought in extra assistance when felt necessary to negotiate portions of CBA’s; in other instances we have utilized the Local staff and available talent.
In my continued education, I have begun to learn the "real world" of the Casual Live Performance (CLP) in south Florida. Sadly, a good portion of this work is no longer covered by a written agreement. This is not a surprise; we can attribute this problem to what many of you have heard me refer to as "too many years of bad tradition." The Local is now addressing how to correct this problem.
Because so many of our members are fatalistic about their situation and consequently are reluctant to hear that they can improve their situation without "blowing the gig", we start by answering the question, why should I want to make an improvement?
Let’s start with protecting the "gig." Perhaps this problem does not come up too often, but when it does, those affected wish there had been some written protection and also someone to enforce it. The same applies in the event of a "surprise" videotaping, filming, broadcast, or audio recording of a live performance. I can immediately think of two local live performances where this occurred; neither of these had the protection of an AFM casual contract (which always includes a provision protecting the musician’s rights in the event that the performance is recorded for broadcast). To date neither group has been paid, and, in the case of the bigger group, their only recourse may be small claims court.
Now let’s talk about your Pension Fund (see article page 4). My sole comment here is that it takes little to become vested, and it never ceases to amaze members how quickly it builds up. An important issue for so many Casual Live Performance members is how they can participate; for almost all working musicians, it may be easier than you think.
The tired excuse of "I can’t get the club owner to pay AFM scales" doesn’t fly anymore. Our research has shown that the "real world" of CLP should have more than the limited categories of scales currently in the Local scale book. As a result of recent bylaw changes, we have the necessary flexibility to make this work. An equally important note is that, in the event the club owner or purchaser is reluctant to take the responsibility, the leader of the CLP can make pension contributions on your behalf. The one "hurdle" for leaders is that they cannot make their own contribution unless they are incorporated; we are working on that hurdle.
Benefits and protections come from filing an AFM approved contract.
An AFM approved contract should be filed on every CLP.
The Local has the ability to fit most "gigs" to an AFM approved contract.
No matter how small the "gig" there are still benefits.
It is possible to acquire Pension Fund credit on every "gig." In order for this to work, the benefit of participation must cover everyone on the job.
In the 90’s it is a given that every "gig," however small, is a potential audio or visual recording production (ask some of our jazz players!)
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