Recording 101
There have been a few inquiries recently to the office about recording and recording scales. There also seems to be widespread misapprehension about the subject of recording generally. Since education begins at home, perhaps it’s an opportunity for a little Recording 101.
The discussion must start with this, to which we are all bound by oath:
2016 AFM Bylaws
Article 15, Section 1(a) – No AFM member shall take engagements or employment or become engaged or employed in the rendering of musical services of any kind (e.g., the making of sound tracks, “sidelining,” etc.) for any type of recorded product (audio and/or visual) unless the person, firm, or corporation providing the engagement or employment shall have previously entered into an appropriate written agreement with, or approved in writing by, the AFM.
The primary headings under the banner of “appropriate written agreement” are:
- Local CBA (which should contain language that references other AFM agreements below)
- Local demo, local broadcast, or limited pressing (all of which still require a written agreement filed with the local)
- Any of the AFM negotiated commercial agreements (SRLA, Film and Television, Jingle and Announcement, Internet Streaming, etc).
- The Integrated Media Agreement (AFM negotiated contract for the capture of live symphonic performances)
- AFM Joint Venture Agreement.
Each of the AFM headings has its own complex menu of recording rates and work rules. All of them require the filing of the appropriate B form (pension report) and the deduction of local media work dues which is 4.5% (20-623) – EXCEPT the Joint Venture Agreement (JVA).
The JVA allows self-managed groups comprised of AFM musicians to record for the purpose of creating demos and even finished recorded product with no wages due to the musicians, no pension payment, and no work dues. This allows the musicians within a chamber group, for example, to agree that no money is going to change hands, there is no employer, there is no third party producer, and that if any money is ever made as a result of the recording, the proceeds will be distributed according to a self-determined percentage share plan.
Long story short – unless you wish to become an expert on all of the Local and Federation agreements (more power to you; it’s only a few hundred pages of documents in the aggregate), anytime a member, employer, or producer asks about recording rates and rules, please have them call the office.
The more you know… (cue little piano riff – recorded under an AFM agreement, of course).