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

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

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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)

The role of the UnionsThe role of the Unions

Collective Responsibility“Oils the Wheels”“Managers of Discontent”

A voice for the artisan musician