Getting Organized

[Leon Portelance]

I decided to start this group because we have all talked about this subject over and over, but nothing ever gets done. I have some union and political organizational experience. I know it won't be easy. But that is the case with most new endeavors. You have to take the first step.

If we don't start pushing back soon, we will be the only profession in the world that is "expected" to work for free.

Recently, I negotiated with a producer. I really liked his film and wanted to score it. He listened to my demo and thought it was great. Then he sent me his contract. He wanted me to do a "work for hire" with zero up front and only credit and points down the road. From the look of his very professional production, no one else worked for free. Too bad for the music which comes last. I told him I would give him a license to use my music and an option to purchase the publishing down the road if the film was successful. In essence I was willing to give him the use of my music for free, but not the ownership of the copyright unless I eventually got paid. Pie in the sky looks really great but you'll stave on that kind of diet. So that was the end of it, he went on to look for someone else more desperate and I am sure he found someone no problem.

So was I right or wrong? It was an established NYC film co and it might have led to other bigger and better things. But I thought my offer of a license with option to purchase publishing was pretty reasonable under the circumstances. Is it wrong to not want to give my hard work away?

It reminds me of this sleazy Realtor I knew years ago. He was always asking our band to play for his club's little events. They sold drinks and made tons of money but wanted us to play for free. "Well, we'll give you some free beers!" Ever hear that line? So I said, "Reg, I want to sell my house, will you be my Realtor and do it for free." He got this funny look on his face and said, "Of course, not!" So I answered, then why the f$%^ do you think I should play music for you for free then?"

I don't mean to dump on everyone, but this is a pretty emotional subject for me. Any thoughts on how we might get organized?

[Chris Merritt]

Hi Lean. Well, this is a start. It's also one of the reasons I started the Composer's Forum. I think we will just have to get organized little by little. Let's maybe start by defining some of the problems composer's face. Or maybe some helpful guidlines. Like maybe suggested rates for composers to charge Suggested contract points. and so on. If we can create the aura of a professional organization, it will give some composers the confidence they need to ask for a fair deal, by being able to cite the "Composer's Guild" guidlines.

[Leon Portelance]

I agree Chris. And I know that this was one of your intentions from your discussions when you started the forum. I am just trying to help get things started, 'cause I ain't getting any younger.

The most important part of trying to start anything new is education. New and inexperienced composers need to know that what they do has a definitive value to the project they are working on and that they need to get paid for it. They also need to know basic stuff like the difference between a "work for hire" and a "single use license." It will be a slow process. Most musicians, myself included, are not the best business people on the planet. We want to be creative, not read page after page of boring legal jargon. Unfortunately that boring stuff is really important.

So guys, where do we start? As Chris suggests maybe a discussion of contracts and what we should charge combined with trying to educate other composers. On some of the film music sites, I see ad after ad of composers literally begging to work for free. I mean they put it in the subject line, "Free music for your film." It's one thing to do student films for free, but Indies where they spend the music budget and go, "Oh, well, we have no money to hire a composer, but that's all right because someone will be willing to do it for free." Kind of like running a brothel, if enough people are out there giving it away for free, it's going to be hard to find paying customers.

[John Doryk]

As someone who has been making a living(translation-paying the bills, buying food, etc) as a composer for over 23 years, I couldn't agree more with this group. At least once a month, I get a call or email by someone(usually in LA) who introduces themselves as a "film producer/director, or music supervisor" working on an indy feature, describes all the money they just spent on actors, lighting, sets, etc., then tells me they've been to my site, love my music and want to know if I'll score their 90 minute feature, wall to wall, full orchestration for "copy and credit" or, for a couple hundred bucks. I usually have to explain, that this isn't a hobby for me(you'd think they would have figured that one out by the music) and give them my hourly rate. It sickens me to see so many listings on "mandy" and other film job sites where so many indy films are offering nothing more than "copy and credit" and aspiring film composers are standing in line, auditioning for these so called "gigs". Don't get me wrong, I have supplied my share of gratis services to student projects and occasionally, when I was inspired by a screenplay or treatment, offered my services to work within the budget of a struggling producer or organization(non profit - PSAs, that sort of thing), but aspiring film composers must realize that by being willing to work for free( or next to nothing ), they are not only de-valuing the entire industry, they are ruining their own chances of ever being seriously considered in an industry where percieved value can make or break you. I'm saying all this as a guy who's managed to make a living as a composer and sound designer....and I don't even live in LA.

[Chris Alpiar]

Awesome group =) Any of you guys on the FMN list know I support not only a guild but a full out union. Having talked to some of the muckety mucks (names I must withhold) I have been told that forming a union has been tried to be worked out for 20+ years now and it is very complex and has suffered many problems on the way. I was also told that the current situation with SAG and the AFM and their inherant problems, potential splits etc, make the prospects of creating a composers union very grey and bleak. I trust that information as being honest assessments of the situation, but I also believe that if we dont do something and soon the score composers will be a lost art never to be heard of again while the industry gets satisfied with cheap easy music. Any way I can help to organize or to be the catalyst of postive change, I am happy to give it my best :)

[Leon Portelance]

So if there is to be an organization called the Composers Guild or something to that effect, what would be its purpose? I think we all already know the answer. But sometimes putting the definitions into writing can help provide a focus. Perhaps we can start by trying to define what the mission statement and goals of this hypothetical organization might be. Since we are not trying to reinvent the wheel, here are the mission statements from three similar organizations:

Society of Composer and Lyricists
American Federation of Musicians
The Nashville Songwriters Association International

The Society of Composers & Lyricists is committed to advancing the interests of the film and television music community. Toward this end, the SCL:
1. Disseminates information concerning the creative and business aspects of writing music and lyrics for film and television;
2. Presents educational seminars to provide the SCL membership with the latest technological information affecting our industry;
3. Seeks to enhance the workplace and working conditions in order to maintain the highest level of quality in our crafts;
4. Encourages a sense of community and the sharing of experience and knowledge among our membership and related organizations worldwide;
5. Provides opportunities for dialog and the exchange of information between our membership and filmmakers;
6. Establishes forums where issues confronting the film music industry can be openly examined and debated.
The creation of scores and songs for motion pictures, television, and other media involves unique skills and presents special challenges. The SCL assumes a central role in helping composers and lyricists achieve their full career potential in a demanding and ever-changing field.

We are the American Federation of Musicians of the United States and Canada, professional musicians united through our Locals so that:
• We can live and work in dignity;
• Our work will be fulfilling and compensated fairly;
• We will have a meaningful voice in decisions that affect us;
• We will have the opportunity to develop our talents and skills;
• Our collective voice and power will be realized in a democratic and progressive union;
• We can oppose the forces of exploitation through our union solidarity.
To achieve these objectives, we must commit to:
• Treating each other with respect and dignity without regard to ethnicity, creed, sex, age, disability, citizenship, sexual orientation, marital status, family status, or national origin;
• Honoring the standards and expectations we collectively set for ourselves in pursuit of that vision, supporting and following the Bylaws that we adopt for ourselves;
• Actively participating in the democratic institutions of our union.
With that unity and resolve, we must engage in direct action that demonstrates our power and determination to:
• Organize unorganized musicians, extending to them the gains of unionism while securing control over our industry sectors and labor markets;
• Bargain contracts and otherwise exercise collective power to improve wages and working conditions, expand the role of musicians in work place decision-making, and build a stronger union;
• Build political power to ensure that musicians' voices are heard at every level of government to create economic opportunity and foster social justice;
• Provide meaningful paths for member involvement and participation in strong, democratic unions;
• Develop highly trained and motivated leaders at every level of the union who reflect the membership in all its diversity;
Build coalitions and act in solidarity with other organizations who share our concern for social and economic justice.

The Nashville Songwriters Association International (NSAI) consists of a body of creative minds, including songwriters from all genres of music, professional and amateur, who are committed to protecting the rights and future of the profession of songwriting, and to educate, elevate, and celebrate the songwriter and to act as a unifying force within the music community and the community at large.

So what do we want to achieve? How are we going to get there?

[Shawn Patterson]

Hi Leon

Please read the email I just sent to many friends and colleagues -

***

Hi all -

Below is a link to sign to show your support for the unfortunate yet necessary Writer's Strike. Although, I am not a member of the Writer's Union, I too face the ongoing battle to simply be paid fairly for musical work I have composed and produced.

The music contracts I now routinely see include terminology that includes any and all possible internet releases as something I should not be paid for. Simply stated, if the producers of a television show I am composing for decide to air only on the internet, I lose all residual payments which otherwise were standard as part of my contract.

I ( like the writers ) take a reduced salary up front with the expectation to receive residuals from these shows airing on television - it is a big percentage of whatever income we make. The terminology in many of these current contracts simply IGNORES the presence and possible release on the internet. For example, the last two television shows on which I composed for have been offered on iTunes for download. I lost all residual income because of this choice. Had it only shown on television, I would have been paid as I should have been. The direct lack of acknowledgment of this emerging and ever changing technology (as great as it is) has caused me to earn less income doing the same exact job.

At the rate technology expands, where will we be in 3 - 5 years?

As new technology emerges, it is critical that we stand up and acknowledge that enormous, multi-national corporations should simply compensate fairly to use our work (as they have been for use in film and television).

Even if you feel writers "make to much money" or something else, the bottom line is that no corporation should get free use of something they know they should pay fairly for. This also includes music - licensed or composed.


Filling this out the below linked petition will only take 5 seconds of your time.

http://www.petitiononline.com/WGA/petition.html



Thank you for listening.

Shawn Patterson

Composer for Film & Television
www.shawnpatterson.com

[Simionescu - Panait Andrei]

We could have projects ( creating scores in small groups of composers // a smaller format of the worlds largest piece ) with which we increase our experience and eventually our rating.

We should interact and create small groups of composers with identical musical aims. But for that we must compose just for the fun of it.

Of course, if composers X, Y and Z come up with a really good score, they can go on and do whatever they want with it, release a cd......

We can create here an online community that produces, not just talks, like literature circles.

If we can gather about 30 passionate people, I'm sure it will be a very rewarding experience for all of us.

[Hayden Isaac]

Hey
Im a just starting out as a composer.
I have been given offers and agencies wanting to promote me but i have turned down most of the work because alot of the agencies what me to pay them up front which just doesnt go down well in my book. they should get paid when i find work or the other stuff is usauly upaid
But i dont even know whats a good rate from a bad rate. So something like this would be really good. So i have some sort of ground to stand on etc

[David Wall]

The problem is that composers and musicians are no longer seen as trades people as masters of craft. People seem to think that composers whip things up in two minutes and have loads at their disposal and aren't willing to pay for the time and, most of the time, ingenious work that goes in to a work!
To get the recognition we deserve we once again need to be seen as masters of a craft rather than just 'another career', I mean lets face it not every Joe Bloggs could do what we do could they?
D

[Ben lunn]

If we can organise that would be fantastic its just the organising is harder then finding a career as a Swimming instructor in the middle of the Sahara

[Leon Portelance]

Thanks for all of the replies. It can be discouraging, but we must not give up. I know that a lot of people are talking about this on a lot of levels. We need to turn around the race to the bottom. It makes me cringe when I see all of the ads on Craigslist, Mandy and other forums shouting: "Free Music!," "Will score your movie for Free!" What next, will we have to pay to have our music placed in films? That's the day I will take my guitar case down to the local liquor store and play for spare change. At least I would be making some money.

[Douglas Edward]

Hello- I'm just as passionate about finding the right solutions for composers as all of us. As it has already been mentioned, turning down pro bono work is something we all need to do in order to help turn the tide (I'm not speaking to this forum obviously- we all agree on that).

Regarding ownership, one thing that I have found that helps is to simply explain the difference between work made for hire agreements and license deals. It helps to ask what they feel a work made for hire agreement will give them that a license deal won't. I find it useful to point out that pre-written songs aren't contracted under work made for hire agreements, and license deals don't cause any problems when trying to get the film into distribution. Since I work mostly on the indie film level, most producers were either taught or told to use work made for hire versus license deals for composers. I try to explain to them that my goal isn't to sabotage the project or turn around and sell the music to third parties, I'm trying to protect the project by retaining ownership and preventing other people from selling or using the music elsewhere. Directors and some producers understand this as they wouldn't want their original score showing up in other projects. Of course, many companies do understand and want to own it.

I had one company add a paragraph that would've given them ownership of all rejected cues. My agent for the deal said they only knew of one company that asked for rejected cues (Disney), but that they paid quite well for them. I've been extremely fortunate thus far and have been able to talk all production companies and directors out of work made for hire contracts to just license deals. It isn't easy talking about it, but I can tell you that your first deal with a company is the most important. Politely talk and test the license deal waters. Once you establish a specific kind of deal with them, they are much more welcome to "just using the same contract we used before". A long time ago I had a director bring up contracts with me by saying, "now for my least favorite part of the conversation". I found that statement pleasantly disarming enough to use from time to time.

Regarding music budgets, there is obviously no easy answer to this. It amazes me how music and sound only get a small portion of a budget when they make up half of the overall experience. Music is the emotion of the film, yet you ask any film maker and the emotional aspect is worth far more to them than what they budget for. It was previously mentioned that film makers might think composers can easily create music and be done with it in a short amount of time, so it might help to explain how long the process takes for you and/or composers in general. Howard Shore said it best, "I can write two minutes of music a day... you do the math". On any given feature you can expect to do 50-60 minutes of music, thus 1-2 months of work. How could anyone afford to do 1-2 months of work without being paid? If they can't understand that, then even if you work a deal with them they probably wouldn't pay or work with you again. Writing scores can be like dating online, sometimes you have to just move on. :)

For all the bad stories we could tell, I can think of one good one off the top of my head. A director asked me to score his short for free, which I reluctantly had to turn down for that reason alone. He called me several months later and surprised me by wanting to pay $1000 for me to come on board (despite the fact that he shot the film for probably less than that). Apparently he had the film scored for free after I initially turned him down, but the problem was that he didn't like the free score. I ended up working on the film, but I felt bad for the composer who spent all that time on it and now they won't even get the imdb credit. I can't help but wonder if that composer had stepped up in the first place and turned down the free gig like I did before him, he might have been offered the paying gig before I was.

I hope some of this helps, and if anyone would like to add/suggest something feel free to do so. I know this is a late response to the original post, but I'd love to hear more comments or personal stories.
And let's get organized! :)