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

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Presentation on theme: "JOHN F. SMITH PRESIDENT, INTERNATIONAL FEDERATION OF MUSICIANS (FIM) & GENERAL SECRETARY, BRITISH MUSICIANS’ UNION."— Presentation transcript:

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

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

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

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

5 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.

6 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

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

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

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

10 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

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

12 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…”

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

14 Fixed Performances Exclusive Property Rights Reproduction Distribution Making Available

15 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…………

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

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

18 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

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

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

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


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