Briefing Doc: Historical Significance of AFM Contract Negotiations with AMPTP

CONTACT: Antoinette Follett, AFM Director of Communications/PR
E:  afollett@afm.org
C:  315.383.1028


Introduction

The American Federation of Musicians (AFM) is engaging in crucial contract negotiations with the Alliance of Motion Picture and Television Producers (AMPTP). This briefing outlines the historical significance of these negotiations, underlining the pivotal moment for musicians in the entertainment industry.

The American Federation of Musicians of the United States and Canada (AFM) is an AFL-CIO affiliated labor union representing 70,000 professional musicians in the United States and Canada. The AFM, which has its headquarters in New York City, is led by International President Tino Gagliardi.  Founded in 1896, the AFM is the largest organization in the world representing professional instrumental musicians playing in orchestras, bands, clubs, and theater—both on Broadway and on tour. AFM members make music for film, television, commercials, and sound recordings. The AFM negotiates fair agreements, protects ownership of recorded music, secures benefits such as health care and pension, and lobbies for musicians and the rights of workers.

AFM Fair Share for Musicians (FS4M) is the campaign to organize musicians who record for motion pictures and television shows heard around the world in preparation for negotiations of the AFM’s Basic Theatrical Motion Picture and Basic Television Motion Picture Agreements.  

What the Musicians Are Fighting For?

For over a decade, musicians working on made-for-streaming movies and TV shows have been exploited by the multi-billion dollar media conglomerates that make up the Alliance of Motion Picture and Television Producers Association. 

Recording musicians performing on soundtracks are making (75%) less on content premiering on streaming platforms. These musicians, like singers and actors, create unique performances that are captured in real-time — yet, they are not being compensated accordingly for streaming media. This is because the entertainment industry has fundamentally shifted. Content now premieres primarily on streaming platforms rather than in movie theaters and on network television.

This shift has resulted in considerably less residual income for musicians, threatening our livelihoods. In essence, the talent bringing scores to life is being commoditized without a fair share of the considerable profits made by companies such as Disney, Paramount, Universal, and Warner Bros. This practice is neither fair nor sustainable.

Historical Context

  • Evolving Entertainment Industry: The entertainment industry has transformed significantly with the advent of streaming services and technological advancements. This shift necessitates reevaluation of compensation and work conditions for musicians.
  • Previous Labor Movements: Last summer, the Writers Guild of America (WGA) and SAG-AFTRA secured historic contracts after unprecedented strikes, marking a new era of worker solidarity and industry recognition for artist value. These victories ripple outwards, offering potent opportunities for us, the musicians, to leverage in our own fight for fair compensation and working conditions.
  • Changing Economic Landscape: The evolving economic conditions, including the rise of streaming platforms, have impacted musicians’ earnings. The current negotiations represent a critical step in adapting to these changes.
  • Power of Solidarity in the Labor Community: The recent strikes sent shockwaves through Hollywood, exposing the industry’s reliance on creative labor – the studios faced production delays and lost millions. The AMPTP can no longer take our contributions for granted; they must now acknowledge our rightful share in the success of every project.
  • Generational Divide: There is a generational divide in how the rise of streaming is affecting us. While we are all feeling the burn of far lower upfront wages by so many projects being made for streaming, the younger/newer members of our community are really hurting when it comes to their secondary market checks.

Key Issues in Negotiation

  1. Streaming Residuals: The lack of fair compensation for streaming projects is a central issue, reflecting the industry’s shift towards digital platforms.
  2. Artificial Intelligence: AI’s impact on the music industry, particularly the threat of replacing human musicians, is a significant concern.
  3. Fair Wages: Addressing the disparity in wages, especially in high-cost living areas, is crucial.
  4. Working Conditions: Improving overall working conditions to ensure sustainability and dignity in the profession.

Significance

  • Setting Industry Standards: These negotiations could set new benchmarks for musician compensation and working conditions in the digital age.
  • Solidarity Among Unions: Success in these negotiations could inspire and strengthen solidarity across various unions in the entertainment sector.
  • Future of Music in Entertainment: Ensuring fair compensation and work conditions is vital for the sustainability of the music profession in the evolving digital landscape.

Talking Points for Key Stakeholders

  • Fair Compensation: “Musicians are integral to the entertainment industry. It’s time their compensation reflects their contribution, especially in the digital age.”
  • Solidarity in Action: “United, we stand stronger. These negotiations are not just about musicians, but about setting a precedent for fairness in the entertainment industry.”
  • Adapting to Digital Shifts: “As the industry evolves, so must our approach to compensating the creative talents behind it. Fair streaming residuals are essential.”
  • AI and Authenticity: “Technology should enhance, not replace, the unique artistry of musicians. Protecting against AI displacement is about preserving the soul of music.”
  • Economic Sustainability: “Ensuring musicians can make a living is not just fair; it’s essential for the continued vibrancy and diversity of our cultural landscape.”
  • Stagnant Wages: “While streaming profits soar, musician pay remains embarrassingly low. Musicians deserve fair compensation that reflects the value they bring to every project.”
  • Exploitative Conditions: “Overwork, understaffing, and disrespectful treatment are commonplace. We need enforceable standards that protect our health and well-being.”
  • Residual Drought: “Streaming content rarely generates residuals, the bread and butter that sustained us during slower periods. We need a system that rewards our contributions over the life of a project.”
  • Generational Divide: “A new, younger, and more diverse generation of world-class musicians performing on scoring stages are struggling to make a living, to put food on the table and support their families, they need a fair contract that doesn’t undermine their value and their work.”
  • The A.I. Threat: “With advancements in artificial intelligence, our very jobs are at stake. We need safeguards that ensure human musicians remain essential players in the industry.”

Conclusion

The AFM’s contract negotiations with AMPTP are not just about revising a contract; they represent a pivotal moment in the history of the entertainment industry. The outcome will have far-reaching implications, setting the tone for how musicians are valued and compensated in an era dominated by digital content and technological innovation. The solidarity and collective action demonstrated in these negotiations echo the historic strides made by labor movements, underscoring the ongoing struggle for fair and equitable treatment in the workplace. 

The success of these negotiations could herald a new era of recognition and respect for musicians, ensuring that their artistry continues to enrich our lives in the digital age and beyond.