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Published bySophia Bruce Modified over 9 years ago
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JOHN F. SMITH PRESIDENT, INTERNATIONAL FEDERATION OF MUSICIANS (FIM) & GENERAL SECRETARY, BRITISH MUSICIANS’ UNION
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THE ROLE OF PERFORMERS’ TRADE UNIONS, GUILDS & ASSOCIATIONS IN THE CULTURAL & CREATIVE INDUSTRIES
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WHAT ARE TRADE UNIONS, GUILDS & ASSOCIATIONS? ???
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TRADE UNIONS Organised collectives of ‘working’ people which, through collective bargaining, aim to improve pay and conditions in the workplace.
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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.
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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
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British Musicians’ Union Founded 1893 Amalgamated Musicians’ Union London Orchestral Association Merger 1921
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WHAT IS THE ROLE OF TRADE UNIONS IN THE CULTURAL SECTOR?
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TRADITIONAL ROLE Collective Bargaining Promulgated Rates of Pay Political & Industrial Lobbying Health & Safety
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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
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Performers’ Rights Rome Convention – 1961 Performers Producers of Phonograms Broadcasters
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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…”
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Nature of Performers’ Rights Rights in Performance - Neighbouring or Related Rights As oppose to Rights in a Work - Copyright
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Fixed Performances Exclusive Property Rights Reproduction Distribution Making Available
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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…………
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Individual Jurisdiction Contracted (Signed) Bands / Artists – Recording Contracts – Management Contracts – Publishing Contract MU Legal/Accounting Assistance
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Unique Role Intellectual Property Rights Administration Debt Recovery Service Contract Advisory Service Partnership Advisory Service Insurance – Public Liability, Instrument & Equipment
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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
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The Collective & The Individual Individual or Band Contracts Rights Acquisition Royalty Splits Management fees CAS / PAS
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Traditional Collective Agreements Opera Houses Full-time Orchestras Theatre Agreements Society Of London Theatre (SOLT) Theatre Managers Association (TMA)
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The role of the Unions Collective Responsibility “Oils the Wheels” “Managers of Discontent” A voice for the artisan musician
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