JOHN F. SMITH PRESIDENT, INTERNATIONAL FEDERATION OF MUSICIANS (FIM) & GENERAL SECRETARY, BRITISH MUSICIANS’ UNION

THE ROLE OF PERFORMERS’ TRADE UNIONS, GUILDS & ASSOCIATIONS IN THE CULTURAL & CREATIVE INDUSTRIES

WHAT ARE TRADE UNIONS, GUILDS & ASSOCIATIONS? ???

TRADE UNIONS Organised collectives of ‘working’ people which, through collective bargaining, aim to improve pay and conditions in the workplace.

TRADE UNIONS Bodies which are recognised by governments as appropriate organisations to represent the interests of their members to employers. Europe/N. America – most Unions are registered with the appropriate government department.

UK ‘TALENT UNIONS’ Equity– Actors, Dancers, Variety/Circus Artists, Some Singers Writers’ Guild of Great Britain – Script Writers, Authors Musicians’ Union – Instrumentalists, Music Writers, Some Singers

British Musicians’ Union Founded 1893 Amalgamated Musicians’ Union London Orchestral Association Merger 1921

WHAT IS THE ROLE OF TRADE UNIONS IN THE CULTURAL SECTOR?

TRADITIONAL ROLE Collective Bargaining Promulgated Rates of Pay Political & Industrial Lobbying Health & Safety

TRADITIONAL ROLE Individual Representation Solo Artists (whose rights have not been assigned to a third party) Instrumental Teachers Composers/Arrangers Legal Assistance Career Advice Life Long Learning Pastoral Care

Performers’ Rights Rome Convention – 1961 Performers Producers of Phonograms Broadcasters

Performer ? Rome Convention - “…performers means actors, singers, musicians, dancers or other persons who act, sing, deliver, declaim, play or otherwise perform literary or artistic works…” WPPT - “…interpret…” “…or expressions of folklore…”

Nature of Performers’ Rights Rights in Performance - Neighbouring or Related Rights As oppose to Rights in a Work - Copyright

Fixed Performances Exclusive Property Rights Reproduction Distribution Making Available

BMU Jurisdiction Rights acquired by Trade Agreements Non-Featured Orchestral / Theatre Musicians Session Musicians Rights acquired by contract Unsigned Featured & Non-Featured Bands & Artists Composers Others - Non-recording‘Gigging’ musicians / Instrumental Teachers / Workshop Leaders etc…………

Individual Jurisdiction Contracted (Signed) Bands / Artists – Recording Contracts – Management Contracts – Publishing Contract MU Legal/Accounting Assistance

Unique Role Intellectual Property Rights Administration Debt Recovery Service Contract Advisory Service Partnership Advisory Service Insurance – Public Liability, Instrument & Equipment

The Collective & The Individual Collective (Trade) Agreements Terms & Conditions Rights Acquisition BBC –5 Agreements British Phonographic Industry (BPI) – 3 Agreements Independent TV; Producers Alliance for Cinema & Television; Institute of Practitioners in Advertising

The Collective & The Individual Individual or Band Contracts Rights Acquisition Royalty Splits Management fees CAS / PAS

Traditional Collective Agreements Opera Houses Full-time Orchestras Theatre Agreements Society Of London Theatre (SOLT) Theatre Managers Association (TMA)

The role of the Unions Collective Responsibility “Oils the Wheels” “Managers of Discontent” A voice for the artisan musician