I. FLASHBACK TIME – 2005 – PART IV – VIDEO GAMES and TRICKS
II. NFA FLUTE SCHOLARSHIP
III ASMAC DAVID BLACK LUNCHEON
IV. EVENTS
…Absolutely guaranteed anonymity – Former Musician’s Union officer
…The one voice of reason in a sea of insanity – Nashville ‘first call’
scoring musician
…Allows us to speak our minds without fear of reprisal – L.A. Symphonic musician
…Reporting issues the Musicians Union doesn’t dare to mention – National touring musician
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I. FLASHBACK TIME – 2005 – PART IV – VIDEO GAMES and TRICKS
Immediately following the Video Game Conference in Los Angeles
on December 6, 2004, a manager of composers for film,
video games, sent a pleading e-mail to attendees (RMA members,
video game executives, composers) of the Conference to consider
the volume of recording work that has left and to take urgent action
to change to contracts to help keep the work under AFM agreements.
Written on December 9, 2004, this manager’s letter is reprinted in its
entirety.
AF of M Video Game Agreement:
When I started (Business Name) 12 years ago, my sister
(music contractor) —– ——— and many of my friends
in Local 47 were excited about the potential of doing music
for games. My friends at Sony, Warner Bros. and Paramount
scoring stages were excited about the potential. My friends
in the music preparation business were excited about the
potential. And, for sure, I and every composer I managed
were excited about the potential of working with Local 47
musicians.
During these past 12 years, the composers I manage have
scored about 4 games in LA with Local 47 musicians and
about 85 games in Seattle and other places throughout
the world.
Assuming the 85 games took 9 hours each to score,
that’s 765 hours of work/$$$ per musician.
Why did we take 85 gigs away from the LA sound stages
and music prep people? Why did we take 765 hours of
work/$$$ away from the Local 47 musicians?
During these past 12 years, my musician friends in Local
47 have stated;
“I’m not concerned about some potential extra backend
pennies tomorrow.”
“I need to work today to feed my family today.”
“I need the hours today so I can get insurance/H & W
for my family today.”
If only 1 more game had been scored with Local 47 musicians
this past year, there would be (let’s say) 60 Local 47 families
with an additional $600.00 or more to enjoy the upcoming
holidays with.
Some “Fat Cats” might say ‘I don’t need no stinkin $600.00.’
However, I feel there are many Local 47 families that could use
the $600.00 to put the word “Happy” with the word Holidays.
I hope the above compels a sense of urgency. I am not
suggesting to compromise what is justified future income.
I am urging the powers to be to act smart and swift so that
the next 12 years is not a repeat of the past 12 years.
I wish you all “Happy” Holidays.
Regards,
(Manager)
FBI four bars intertainment www.fourbarsintertainment.com
Award Winning composers who deliver great music on time
and within budget…
In addition to non-union and less expensive recording
alternatives, another contractual loophole that the film studios
are taking advantage of is discovered recently, as outlined below.
However, the result is creating more policing for the locals and
musicians themselves instead of altering the Motion Picture
Agreement language to close up these loopholes and eliminate
the “phono to motion picture” inequities.
—————–
Allegro – Volume CIV No. 12 December, 2004
Local 802, New York City
Movie Musicians Are New Target Studios Use Loophole to
Avoid Film Fund
by Jay Schaffner with Mikael Elsila
Major film studios have found a new way to cut their costs —
and take away money from musicians at the same time. The
new practice involves bypassing the AFM’s motion picture
agreement in at least two different ways.
The AFM called a special meeting in Los Angeles last month
to address the problem. 802 President David Lennon and
Recording Supervisor Jay Schaffner attended. Also in attendance
were officers from Local 47 (Los Angeles), Local 655 (Miami),
Local 257 (Nashville), Local 5 (Detroit), Local 149 (Toronto),
ICSOM and the RMA, along with legal counsel from the firm of
Bredhoff and Kaiser.
MAKING MONEY IN MOVIES
Traditionally, if you are a recording musician, you get paid in
at least two ways when you record for a movie under a union
contract. First is the recording session itself when you record
the movie soundtrack. The second is the money you receive
from the film fund (whose official title is the Film Musicians
Secondary Market Fund).
Your check from the film fund is proportional to how well your
film did in “secondary markets,” which include TV, videocassette,
DVD, pay cable and in-flight movies. (For films made for television,
secondary markets include DVD, in-flight and those rare cases
where a television film migrates to the big screen.)
The movie studios are trying to decrease the amount of money
they pay into the film fund. They are also trying to eliminate
musicians’ eligibility for earning film fund money.
Here’s how.
TRICKS OF THE TRADE
Movie studios are required under the AFM motion picture agreement
to pay 1 percent of all gross income on secondary product (like DVD’s)
into the film fund. This gets divided up by all the musicians who performed
on the music score.
However, movie studios are only required to pay into the film fund if
there was an “original scoring session” or sideline session. That language
is important, and that’s how studios are violating the spirit of the agreement.
An “original scoring session” refers to musicians sitting down to record
the score to a movie.
Instead, studios are hiring musicians far in advance of a movie’s production
to write original songs and other music. They are not telling musicians that
this music may appear in a movie some day — they are saying that this is
music for a sound recording (like a CD). But the music ends up in a movie.
Since the music was written before the movie was finalized, and since there
was technically no “original scoring session,” the film studios are able to
avoid paying any money into the film fund.
The musicians who perform on this music that ends up in the movie are
paid a “new use” payment, which is required under the AFM contract. But
even if the movie sells millions of DVD’s, the musicians won’t see a penny
from the film fund.
Let’s say a Marvin Gaye recording from 1973 ends up as the background
music for a new film. The original Marvin Gaye musicians will receive new
use payments since their music is now being used in a movie and the
original recording was done under a union contract. But they will not
receive any money from the film fund, even if the movie is the biggest
DVD seller of the year.
Or let’s say Paul Simon is commissioned to write new music that ends up
in a movie. But the music isn’t technically a “scoring session,” since the
music was written before the movie was finalized. In that case, Paul Simon
and his side musicians won’t receive any money from the film fund either.
ANOTHER TRICK
Another way studios are hurting musicians is an older method: they are
using musicians outside of the U.S. Thanks to digital technology and
the Internet, it’s relatively easy for studios to record music outside of
the country and bring it back in. Since these sessions are not recorded
under an AFM agreement, they don’t trigger film fund payments either.
For example, the music to the “Lord of the Rings” movies was recorded
by Howard Shore in London and was not filed under AFM contracts. These
musicians will not receive film fund payments.
A CASE STUDY
Let’s take the movie “Cold Mountain,” produced by Miramax in 2003.
There are at least three kinds of music in “Cold Mountain.” One is the
song “You Will Be My Ain True Love” by Alison Krauss, featuring Sting.
Because Miramax commissioned this song before the movie was finalized,
it is not considered a “studio scoring session.” And the side musicians who
performed on this track will not receive any money from the film fund,
even if “Cold Mountain” goes on to sell millions of DVD’s.
A second musical part of “Cold Mountain” is the actual underscoring.
Miramax outsourced this music to a country outside the U.S. and
therefore it is not covered by the AFM agreement. If the underscoring
music had been recorded in the U.S., the musicians would have been
eligible for film fund payments. (According to the AFM motion picture
agreement, a studio is generally required to score its movie in the U.S.
if the film is shot here and if the storyline is based on content from
our country. But “Cold Mountain” was actually shot in Romania and
therefore was not required to file the job in the U.S.)
Finally, “Cold Mountain” also utilizes traditional music to invoke the
Civil War. These vocal, guitar and folk tunes were recorded as nonunion
cash dates. Again, those musicians will not be able to collect film fund
payments.
WHY IS THIS HAPPENING?
Musicians like Alison Krauss and her side musicians are not doing
anything wrong. They may have no idea that their music is being used
by the movie studios to circumvent the film fund.
The film studios are doing this because it is an easy way for them to
pare down their expenses.
Studios don’t make most of their money on box office ticket sales.
Instead, the majority of profits are made on the “back end,” like DVD
profits or when the movie plays on TV. By getting around the film fund,
studios save big bucks on their back end payments to musicians.
WHAT THE UNION WILL DO
The meeting in Los Angeles to deal with this situation had several outcomes.
The AFM will make available to all locals a current list of movies
that are being scored. This list will include movies that are in production
and where we think the scoring is taking place. Recording musicians will
be able to look at this list and be alert to the fact that some sessions advertised
as “phono sessions” are really “scoring sessions,” which
should trigger film fund payments.
We will also try to monitor artists who have signed deals with studios
to write original songs. These songs may actually be a new kind of
scoring and, as such, should be considered scoring sessions. Musicians
on these sessions have a right to film fund payments.
Passing legislation to create local tax incentives is a step in the right
direction, but film producers are generally looking to save a minimum
of 10% on their production costs. Tax incentives and buyout options,
in addition to wages and fees paid in the local currency in foreign countries,
often amount to an average of 25% savings in overall production costs.
More lobbying for further incentives to keep productions in the U.S. is
necessary.
NEXT TIME: NEW YORK, SEATTLE and ELSEWHERE.
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II. NFA FLUTE SCHOLARSHIP
Each year, the Frances Blaisdell Convention Scholarship provides financial
assistance for a high school or undergraduate flutist to attend the National
Flute Association Convention. Recipients gain the means to attend the
largest annual flute event in the world and the chance to participate in
an enriching, immersive experience with renowned flute performers and
ensembles from across the globe.
The recipient of this scholarship will receive $750 to attend the NFA’s
44th Annual Convention in San Diego this summer, plus complimentary
convention registration, and a one-year membership to the NFA. This
is a great opportunity for a flute student to gain insight, inspiration, and
connections to further their flute musicianship and career.
The Frances Blaisdell Convention Scholarship is open to full-time
students under the age of 25. Applicants cannot be previous recipients
of the scholarship.
If you are not eligible to apply, please share this information with students,
colleagues, friends, and anyone who might want to attend the convention,
but currently lacks the financial means to do so.
Applications are due May 1. Visit the Frances Blaisdell Scholarship page
to learn more about the opportunity or submit an application.
Victoria Pampe
Membership Manager
National Flute Association
70 E. Lake Street, Suite 200
Chicago, IL 60601
312-332-6682 (office)
312-332-6684 (fax)
[email protected]
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III ASMAC DAVID BLACK LUNCHEON
ASMAC Luncheon with
Special Guest Dave Black of Alfred Music
@ Catalina’s Jazz Club
Wed., April 20, 2016 @ 11:30am
ASMAC LUNCHEON WELCOMES
Percussionist/composer/author
Dave Black
April 20, 2016 – 11:30AM
@ Catalina’s in Hollywood
Percussionist, composer, and author, Dave Black, received his Bachelor of Music in percussion performance from California State University, Northridge. He has traveled around the world with a variety of entertainers and shows, performing and recording with such artists as Alan King, Robert Merrill, June Allyson, Anita O’Day, Pete Jolly, Frankie Capp, Gordon Brisker, Kim Richmond, Victor Lewis, Jerry Hey, and Steve Huffsteter.
A seasoned professional in this aspect of our business, Dave will share his thoughts about the “nuts and bolts” and current challenges in educational music publishing. What are the advantages and disadvantages of self-publishing? How do you research which publishers might be right for you? How best to submit your music for publication? How must composers participate in the marketing of their music. Perhaps you need a distributor and not a publisher? What is the future of E-books? What are the problems of digital sharing of music materials? Bring a pencil and take notes!
A prolific composer and arranger, more than 60 of his compositions and arrangements have been published by most of the major publishers, many of which have been recorded. Mr. Black has written with, and for the bands of Louie Bellson, Sammy Nestico, Bill Watrous, Bobby Shew, Ed Shaughnessy, Gordon Brisker and the C.S.U., Northridge Jazz Ensemble.
He has been the recipient of numerous awards and commissions, including 26 consecutive ASCAP Popular Composer Awards, two Grammy participation/nomination certificates–one for his performance contribution on Anita O’Day’s Grammy®-nominated album In a Mellow Tone, and the other for his contribution as album-track composer on Louie Bellson’s Grammy®-nominated album Airmail Special. He is also the recipient of the 2012 Percussive Arts Society President’s Industry Award, a Modern Drummer Readers Poll award (best drum book), two Drum! Magazine Drummie! awards (best drum book), and a certified Gold Record award for the sale of more than 500,000 copies of Alfred’s Drum Method, Book 1. In addition, many of his compositions have been used as source/background music on numerous TV shows including All My Children, Coach, The Drew Carey Show, General Hospital, Ellen, Grace Under Fire, Nightline, Roseanne and Good Morning America. In addition, he co-wrote the “Final Rudimental Solo” (from Alfred’s Drum Method, Book 2) featured in the 20th-Century Fox hit movie, Drumline.
He presently serves as Vice President and Editor-in-Chief, School and Pop Publications, for Alfred Music Publishing Company.
Host: Elliot Deutsch
Elliot Deutsch is a busy composer and arranger of large ensemble jazz music. In its tenth year of performing, the Elliot Deutsch Big Band has released two albums, played in every major jazz venue in Los Angeles, and hosted an impressive list of guest stars including Cheryl Bentyne, Janis Siegel, Ron Stout, and many others. Deutsch has written for Arturo Sandoval, Bill Watrous, Jane Monheit, Take 6, Terence Blanchard, and many others. In 2015, Deutsch arranged several songs for the Kennedy Center Gala “It Don’t Mean a Thing… A Celebration of Swing” under the musical direction of John Clayton. His compositions and arrangements are published by Alfred and Walrus Music.
___________
Check out the ASMAC website – www.asmac.org
to see the new master class, luncheon and interview DVD’s in the ASMAC store (Van Alexander, Ray Charles, Johnny Mandel, Jorge Calandrelli, Bill Ross, Jack Feierman, Sammy Nestico and more), to download ASMAC luncheon podcasts, and more!
JUST ADDED:
Special Interview with the renowned composer/arranger
JIMMIE HASKELL
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IV. EVENTS
DEAN AND RICHARD
DEAN AND RICHARD are now playing every third Friday
at Culver City Elks 7:30pm-10;30pm,
11160 Washington Pl.
Culver City, 90232
310-839-8891
————————————-
LA WINDS JAZZ KATS 584
NO COVER, NO MINIMUM.
Every 2nd and 4th Tuesday of the month at Viva Cantina
7:30-10:00.
900 Riverside Drive, Burbank.
Free parking across the street at Pickwick Bowl.
Come hear your favorite charts played the way they
should be.
We are in the back room called the Trailside Room.
Come on down. Guaranteed to swing.
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NEW RUSS GARCIA BOOK
Russell Garcia: Russell wrote his auto-biography
“I Have Hundreds Of Stories, Some Of Them True”
before he passed away at age 95 in New Zealand,
on 20 Nov 2011. The book is out now.
Russell was a world renowned composer-arranger-conductor
who wrote music for over 100 films. He is known for his
innovative music score for the film “Time Machine”. Garcia
is also known in both the TV and recording fields and has
composed music for countless TV shows such as, Rawhide,
Twilight Zone, Laredo, The Virginian. He has recorded many
CDs in his own right, as well as with stars such as, Louis
Armstrong, Ella Fitzgerald, Vic Damone, Judy Garland,
Oscar Peterson, Julie London, to name a few.
Garcia has also written 2 best-selling text books The Professional
Arranger-Composer “ Book I and Book II, which have been translated
into 6 languages. He is known also for his symphonic and classical
works which have been performed by the New Zealand Symphony,
Munich Symphony, the Vienna Symphony, plus countless Radio
Symphony Orchestras throughout Europe. He was often a guest
lecturer at many universities around the world on Symphonic
Composition Techniques. Russell and his wife Gina made New
Zealand their home in 1971 while continuing to work in the Music
and Film Industry. He was awarded the Queens Service Medal
for his service to music in 2009.
(www.buildabetterworldproductions.com)
———————————————-
4/19/16
The BBB featuring Bernie Dresel historic LIVE
recording!!
THIS TUESDAY April 19
at Joe’s Great American Bar & Grill
in Burbank
from 8:30pm-11:00pm
NO COVER CHARGE!!
No reservations necessary!!
4311 W. Magnolia Blvd.
Burbank, CA 91505
(must be 21 or older)
———————————————-
4/25/16
MONDAY, APRIL 25, 2016
7:30 PM
SCREENING & PANEL DISCUSSION
RECEPTION TO FOLLOW
JOIN THE PANELISTS*
Liev Schreiber, Jon Voight, Paula Malcomson,
Eddie Marsan, Dash Mihok, Steven Bauer, Katherine Moennig,
Pooch Hall, Devon Bagby, Kerris Dorsey and Katie Holmes
EXECUTIVE PRODUCERS David Hollander, Mark Gordon, Bryan Zuriff
Moderated by Stacey Wilson Hunt (New York Magazine/Vulture)
at
Paramount Theatre
Paramount Pictures Studios
5555 Melrose Avenue
Hollywood, CA 90038
CLICK HERE TO RSVP BY APRIL 22
Hosted parking available in Visitor Parking Lot.
Tweet your questions to @SHO_RayDonovan prior to the event.
Seating is first come, first served.
Admittance is not guaranteed.
*Subject to availability.
———————————————-
5/15/16
LACESMA 75TH ANNIVERSARY DIAMOND JUBILEE GALA
The Los Angeles City Elementary Schools Music Association,
LACESMA, is celebrating its 75th Anniversary of promoting
elementary music education in LAUSD with a Gala Event in
the Grand Ballroom of the Dorothy Chandler Pavilion at
the Los Angeles Music Center on Sunday May 15, 2016.
Banquet tickets are $60.00 each and can be purchased by
going to our website at lacesmamusiced.org or by mailing
a check made out to LACESMA to: LACESMA c/o Jeanne
Mitchell, P.O. Box 361 Topanga, CA 90290.
For questions, please email us at [email protected].
At the celebration there will performances by over 100 singers
of the LACESMA Children’s Honor Chorus, some of the 2016
LACESMA Instrumental Scholarship winners, as well as a p
erformance by a celebrity TBA.
We are proud to have Gail Eichenthal, Executive Producer of
KUSC, as the emcee of the Banquet. Please help support
elementary music education in LAUSD by attending this
Gala Celebration! Click here to see the first Promotional
Video Clip of the Gala.
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MASTER IN FLM MUSIC APPLICATIONS STILL BEING ACCEPTED
The Pacific Northwest Film Scoring Program
At The
Seattle Film Institute
is still accepting applications to the One year
Master of Music (MM) in Film Composition
Recently rated as the #4 school for film scoring education
in the world by Music School Central and the #2 school
for earning a Masters of Music degree in Film Composition
Study with program creator and lead instructor
Hummie Mann
2 Time Emmy Award Winning film composer of
“Robin Hood: Men in Tights” and featured in
Variety Magazine’s article “Leaders in Learning”
Click here to listen and watch student scores from previous years
Applications are now being accepted for the 2016
school year We offer rolling admissions – applying
early is recommended Scholarship support is
available to early applicants
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You can read all previous offerings at:http://www.responsible47.com
UNTIL NEXT TIME,
THE COMMITTEE FOR A MORE RESPONSIBLE LOCAL 47