john f. smith president, international federation of musicians (fim) & general secretary,...
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JOHN F. SMITHJOHN F. SMITH
PRESIDENT, INTERNATIONAL PRESIDENT, INTERNATIONAL
FEDERATION OF MUSICIANS (FIM)FEDERATION OF MUSICIANS (FIM) &&
GENERAL SECRETARY, GENERAL SECRETARY, BRITISHBRITISH
MUSICIANS’ UNIONMUSICIANS’ UNION
THE ROLE OF THE ROLE OF PERFORMERS’ TRADE PERFORMERS’ TRADE
UNIONS, GUILDS & UNIONS, GUILDS & ASSOCIATIONS IN THE ASSOCIATIONS IN THE CULTURAL & CREATIVE CULTURAL & CREATIVE
INDUSTRIESINDUSTRIES
TRADE UNIONSTRADE UNIONS
Organised collectives of ‘working’ people which,
through collective bargaining, aim to improve pay and
conditions in the workplace.
TRADE UNIONSTRADE 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’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’ UnionBritish Musicians’ Union
Founded 1893
Amalgamated Musicians’ Union
London Orchestral Association
Merger 1921
WHAT IS THE WHAT IS THE ROLE OF TRADE ROLE OF TRADE UNIONS IN THE UNIONS IN THE
CULTURAL CULTURAL SECTOR?SECTOR?
TRADITIONAL ROLETRADITIONAL ROLE
Collective Bargaining
Promulgated Rates of Pay
Political & Industrial Lobbying
Health & Safety
TRADITIONAL ROLETRADITIONAL ROLE
Individual RepresentationSolo Artists (whose rights have not been assigned to a third
party) Instrumental TeachersComposers/Arrangers
Legal Assistance Career Advice Life Long Learning Pastoral Care
Performers’ RightsPerformers’ Rights
Rome Convention – 1961
Performers
Producers of Phonograms
Broadcasters
Performer ?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’ RightsNature of Performers’ Rights
Rights in Performance - Neighbouring or Related Rights
As oppose to
Rights in a Work - Copyright
Fixed PerformancesFixed Performances
Exclusive Property Rights
ReproductionDistributionMaking Available
BMU JurisdictionBMU JurisdictionRights 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 Individual Jurisdiction
Contracted (Signed) Bands / Artists– Recording Contracts– Management Contracts– Publishing Contract
• MU Legal/Accounting Assistance
Unique RoleUnique Role
Intellectual Property Rights AdministrationDebt Recovery Service Contract Advisory ServicePartnership Advisory ServiceInsurance – Public Liability, Instrument &
Equipment
The Collective & The The Collective & The Individual Individual
Collective (Trade) Agreements Terms & Conditions Rights Acquisition
BBC –5 AgreementsBritish Phonographic Industry (BPI) – 3 AgreementsIndependent TV; Producers Alliance for Cinema & Television; Institute of
Practitioners in Advertising
The Collective & The The Collective & The Individual Individual
Individual or Band ContractsRights AcquisitionRoyalty SplitsManagement fees
CAS / PAS
Traditional Collective Traditional Collective AgreementsAgreements
Opera HousesFull-time OrchestrasTheatre Agreements
Society Of London Theatre (SOLT)
Theatre Managers Association (TMA)
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