Musicians working in film and television have reached a significant victory – in terms of streaming residuals, AI protections and wage gains – under a tentative agreement reached last Friday between the American Federation of Musicians (AFM) and the Alliance of Motion Picture and Television Producers (AMPTP).
Musicians from American Federation of Musicians, Local 47, Los Angeles.
“This agreement represents a major win for musicians who have long been under-compensated for their work in the digital age,” said AFM International President and Chief Negotiator Tino Gagliardi. “We have secured historic breakthroughs in streaming residuals, established critical guardrails against the misuse of AI, gained meaningful wage increases and other important gains. This agreement represents a watershed moment for the artists who create the soundtracks for countless film and TV productions.”
The agreement follows four years of strategizing by the American Federation of Musicians, with a committee ultimately comprising around 30 members of Local 47 of Los Angeles, Local 802 of New York and AFM international staff. The contracts in question – the Basic Theatrical Motion Picture and Basic Television Motion Picture contracts – expire on May 1. About 2,500 musicians are employed under those contracts. The tentative agreement will be submitted for ratification by the members working under the contracts, pending AFM International Executive Board approval.
Prior to this agreement, musicians worked with considerably fewer protections than actors, writers and directors doing the same projects.
“The other entertainment guilds – for actors, writers and directors – had won a residual in streaming media about 15 years ago,” said Los Angeles-based recording violinist Joel Pargman, who served on the AFM’s negotiating committee. “As musicians, we’ve been lagging far behind in that regard. The net effect is that, since the dawn of streaming television, we’ve been living with overall pay has been about 75% less over time for work we do for streaming, as opposed to work we do for traditional media.”
The big wins this time around included:
- Streaming Residuals: A streaming residual (which also carries a healthcare payment into the Flex Plan) for musicians’ work on straight-to-streaming shows for primary market platforms such as Netflix, Hulu, Disney Plus, HBO Max and Paramount.
- Generative AI Protections: Generative AI protections for musicians who are sidelining whose images are captured on film for media production, and GAI protections against recording a musician and then transforming that into through GAI into something else. In both cases, permission from and compensation to the musician will now be required.
“Before this, we had no protections,” Pargman said, “so they could do whatever they wanted with our with our likeness or captured sound, when it came to AI.”
Pargman pointed to his own experience as evidence that these gains were badly needed and long overdue.
“In 2022 I played 91 recording sessions for streaming media, and I didn’t even crack the poverty line with those wages,” Pargman said. “So the situation was pretty dire, and we had a lot of people who were very motivated to come together and make this happen.”
“This is a major win for musicians, as our contract now more closely aligns with the other entertainment unions,” said LA-based recording violist and violinist Jordan Warmath. “Our work is equally excellent and equally important, and now the studios are starting to recognize that. We have also successfully protected our music from AI use or reproduction – which is a terrifying prospect.”
“Personally, this means that it is once again possible to make a living as a studio musician,” Warmath said. “The pay alone of playing a film or T.V show isn’t enough – now, with the residuals it is possible. It usually takes five to 10 years to build the residuals, but that hasn’t been happening, with so few films going to the theaters.” (Prior to this new contract, only recording work for the motion pictures that went to theaters brought residuals for musicians.)
“With streaming residuals there is a hope of an actual livable wage,” Warmath said. “Prior to this agreement my generation was living far below the poverty line.” With this new agreement, “not only is the authenticity of our future work protected, but so is our ability to have a sustainable career, living and working as a recording musician for the film and T.V. industry.”
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