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How the Musicians Union and AMPTP Came to Terms on Residuals and AI

March 1, 2024
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The contract talks lastly reached the handshake level at 3 a.m. PT on Feb. 23. However the true breakthrough within the negotiation between the American Federation of Musicians and Hollywood’s main studios got here within the afternoon of Feb. 22 — after AFM president Tino Gagliardi referred to as in reinforcements to the convention rooms at AMPTP headquarters, famously positioned on the previous web site of the Sherman Oaks Galleria.

“I used to be beginning to do one thing rash,” Gagliardi instructed Selection. “After I was getting the sign that they weren’t going to budge, I contacted my negotiating committee to inform them we would have liked to arrange for a strike authorization vote. I bought about 60 to 65 folks within the room on the Galleria. It had an impression.”

The perimeters had been going through an April 30 expiration of AFM’s present settlement. The union had already granted the Alliance of Movement Image and Tv Producers a number of extensions of the prior contract. Gagliardi had made it clear there have been could be no extra extensions. The AFM has about 60,000 members within the U.S. and Canada. About 2,000 of these members work beneath the Primary Theatrical Movement Image and Primary Tv Movement Image contracts. After final 12 months’s lengthy strikes by SAG-AFTRA and Writers Guild of America, the trade has been warily watching the AFM negotiations as a precursor to the AMPTP’s contract talks set to start March 4 with IATSE and Hollywood Teamsters. AMPTP representatives declined to remark for this story.

For AFM, the most important hurdle to beat was getting AMPTP firms to grant musicians a residual fee for his or her work on scores and soundtracks for TV applications and films produced for streaming platforms. The AFM contract’s lack of protection for streaming originals turned a giant drawback for musicians as streaming content material turned the dominant supply of employment for musicians who deal with TV and movie.

The motion that introduced the edges collectively got here when the AMPTP sweetened its provide. The studios initially provided to pay residuals that will kick in after a streaming unique film or TV program was bought to a “secondary market,” that means after the rerun rights to a title had been bought to a unique platform. In streaming, nevertheless, these second-window offers will be few and much between as a result of streamers sometimes maintain on to library rights for years after a title’s debut.

“We did really feel that musicians had been being undervalued — our work was not being revered in the identical approach because the actors, writers and administrators and that wanted to alter,” Gagliardi mentioned. “We made it clear that we’d do something we would have liked to do to make that occur.”

After some arm wrestling throughout the desk, the AMPTP moved to supply gamers residuals on the first-run airings (aka the “major market”) that begins after an preliminary 26-week exhibition interval. Morever, the AFM secured the “efficiency bonuses” alongside the traces of the 2023 contracts for the WGA, SAG-AFTRA and Administrators Guild of America that generate extra funds on in style sequence that hit pre-determined viewership benchmarks.

“They did provide us secondary residuals however that was not going to be significant for us,” Gagliardi mentioned. “They completely had been very reticent to simply accept the thought of a hard and fast residual in a major market.”

The opposite burning difficulty for AFM was to attain protections for musicians in opposition to the specter of AI getting used to exchange human gamers on soundtracks and scores. Gagliardi wouldn’t reveal a lot concerning the specifics within the proposal however mentioned it was comparable in idea to the protections secured by SAG-AFTRA in November after a five-month strike.

“We don’t need our product being put into an AI engine to create a musical line or rating from complete material,” Gagliardi mentioned. “We don’t need a sax solo from one in every of our members being thrown into an AI engine to have one thing created artificially.” Gagliardi, who labored as a trumpet participant in New York earlier than changing into president of Broadway’s Native 802 after which worldwide president of AFM in 2018, noticed that whereas “musicians have been coping with instrument alternative know-how for years,” the present wave of generative AI instruments current an unusually extreme risk to the livelihoods of AFM members.

The extent of disruption throughout the trade coupled with AI-fueled nervousness made for tense moments within the negotiations room. However in Gagliardi’s expertise, the bargaining course of this time round went extra swiftly than he anticipated, with a deal reached after a dozen negotiating periods held since January.

“For the AFM, these negotiations have all the time been a slog. To have the ability to accomplish what we would have liked to with 12 periods is, in and of itself, a victory for us,” Gagliardi mentioned. “It normally takes a number of months.”

Gagliardi credited AMPTP president Carol Lombardini with participating in “give and take” that moved the needle for the union. Gagliardi, Lombardini and different key gamers labored all night time Thursday and into Friday in particular person at AMPTP headquarters till the three a.m. accord was reached.

“The method itself I imagine was extra collaborative than it has been up to now,” Gagliardi mentioned. “It was getting a bit of edgy…however I imagine the businesses got here collectively to comprehend the significance of our contributions” to movie and TV applications, he mentioned. The AFM tentative settlement was clinched a couple of week after the AMPTP reached a take care of SAG-AFTRA overlaying animated movies, with none fireworks.

“On the conclusion of the negotiations, Carol and I had a really nice change,” Gagliardi mentioned. “We need to strengthen our relationship. It’s all about relationships.”

(Pictured: Tino Gagliardi, worldwide president and chief negotiator for AFM, addresses a Writers Guild of America rally in Occasions Sq. in June 2023.)



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