AFM Update: Status of the Artist Act

Contact: Carmen Group Inc.
(212) 983-6100
Suzanne Fenech, ext. 224

AFM to Amend and Expand Certification Order Under Status of the Artist Act

In a decision released on December 10, 2007, the Canadian Artists and Producers Professional Relations Tribunal has allowed the application of the American Federation of Musicians of the United States and Canada (AFM) to amend and expand its certification order under Status of the Artist Act.

The Status of the Artist Act establishes procedures that allow organizations representing self-employed artists to obtain legal recognition and the exclusive right to negotiate with producers for the purpose of entering into scale agreements. Since 1996, the AFM had been certified to represent a sector composed of all independent contractors working in the federal jurisdiction who are AFM members and who perform the function of instrumental musician, conductor, vocalist or arranger. And since 1996, scale agreements between the AFM and the Canadian Broadcasting Corporation, the National Film Board, TV Ontario and other federally regulated producers have been governed by the Status of the Artist Act and the initial certification order.

The 2007 amendment made by the Tribunal last week enlarges the certification order in two ways. First, the certification order adds "leaders" to the functions in the sector definition that up to now included instrumental musicians, conductors, vocalists and arrangers. This amendment is, in essence, a technical change. More important, the new certification order expands the sector to include both members and non-members of the AFM. With this change, the ability of the AFM to enter into new scale agreements with other producers is greatly enhanced. In its December 10, 2007 decision, the Tribunal accepted that the AFM was -- and remains -- the artists association "most representative" of the musicians' sector. The amended certification order confirms that finding and backs it up with the force of law.

"The AFM intends to deliver notice to bargain to several significant producers in 2008," says AFM Vice President for Canada, Bill Skolnik. "We anticipate making important new agreements that will benefit all musicians as a result of the Tribunal decision," he added.

Founded in 1896, the American Federation of Musicians of the United States and Canada (AFM) is the largest organization in the world dedicated to representing the interests of professional musicians. With more than 90,000 members, the AFM represents all types of professional musicians, including those who record music for sound recordings, videogame scores, film scores, radio, television and commercial announcements, as well as perform music of every genre in every sort of venue from small jazz clubs to symphony orchestra halls to major stadiums. Whether negotiating fair agreements, protecting ownership of recorded music, securing benefits such as health care and pension, or lobbying legislators, the AFM is committed to raising industry standards and placing the professional musician in the foreground of the cultural landscape.