Three Viewpoints
Singers and performing companies may not legally record performances or rehearsals without following strict guidelines negotiated by performers’ unions. Many singers would like to use these tapes to build their art and business. Rather than follow cumbersome and often prohibitive guidelines, many choose to ignore the rules and make or obtain tapes illegally. TNYON respects the rights of singers and instrumentalists to fair compensation for their work, and we share the concerns of those who fear unauthorized distribution of performances. However, we believe that a compromise can be found between the complicated restrictions imposed by the unions, and unregulated, unethical recording.AGMA often asks soloists what they want and need from their union. This is a difficult topic to address, but one that is greatly needed by soloists trying to build their careers. While we don’t think we have the final answers, we are hoping they will start the compromise process.
What SINGERS Say
Artistic Growth: Accurate feedback is essential to a singer’s artistic growth. We can’t always rely on having a coach or teacher present during rehearsals. Conductors or stage directors rarely give the kind of input needed. Regardless of what the conductor, orchestra, and other cast members may say to each other privately, the only comment a singer usually hears is a socially acceptable compliment. And, ultimately, singers must be the final judges of their own voices. Tapes of rehearsals and performances provide valuable feedback. Immediate access to these tapes helps improve performances (pitch, technical slips, memory, taking a “performance” to a teacher for help, etc.)Career Growth: Live recordings for demo tapes help singers market themselves more effectively. Most potential employers prefer to hear a live performance.Performance History: A personal archive of performances can provide singers with valuable references on past interpretations, audience reactions, trouble spots, and growth.
What the AF of M Says
To learn the rules for getting a waiver to record when performing with a union orchestra, we contacted Shari Hoffman, Supervisor of Symphonic Recording for the American Federation of Musicians. She informed us that the AF of M offers a Letter of Agreement for a Personal Use Tape, a legal document between the union and the performing company allowing an individual artist to make a recording.
Notable Points of the Agreement
·Orchestra members must approve the use of the tape by majority vote in a secret ballot
·The union must receive two weeks’ notice of the company’s intent to seek a Personal Use Tape Agreement.
·Only a single tape (no copies) may be made, and may record the designated artist only.
·The singer must obtain written permission to use the tape from the performing company, which is liable for any misuse, in perpetuity.
What AGMA Says
Tom Jamerson, Opera Administrator at AGMA answered our questions about the rules for making live recordings. “Standard AGMA contract prohibits singers from making recordings of any type where there is another musician (singer or instrumentalist) included in the recording,” he said. “Prohibition includes rehearsals or performances, whole pieces, movements or any segments thereof. These recordings infringe on the rights of colleagues.”
He recounted the rules’ importance with one instance where a tape was made of a performance and distributed without a singer’s knowledge. The tape contained a cracked high note and was damaging to the singer’s career. Jamerson acknowledges that the taping rules are breached regularly, but cautions that technically, a violation of this prohibition constitutes a breach of contract. The violater could be required to compensate all affected artists at AFTRA rates. Waivers are available and should be pursued through the performing company, as they are the contracting party with soloists and orchestra.
FINDING COMPROMISE with the UNIONS
The rules governing the making of tapes in rehearsals or live performances were formed for the protection of professional musicians. However, the rigidity of these rules denies or seriously hinders the professional and artistic development of some artists. TNYON would like to start a dialogue regarding these issues. Below are our comments and suggestions.
The following requirements should be changed:
• Holding employers responsible for misuse of recordings. Employers are unlikely to consent to a recording when they are responsible for fees and penalties should one person ever use it inappropriately.
• Forbidding the use of tapes for marketing purposes. Singers depend on tapes to pique interest in live auditions.
• Requiring a two-week notice of intent to record even a rehearsal. Schedules often change at the last minute. Singers get sick and can’t perform. Or they may simply not be up to par on a given day.
• Require the soloist to give the orchestra a silent ballot. Rehearsal time is often seriously restricted. It’s unlikely that companies would willingly allow this use of such valuable time.
• Requiring any type of permission process for the use of small, personal tape recorders in solo sections of a work in rehearsal. The quality of tapes made on such machines is too low to be of use in pirated recordings. The existence of such amateur tapes is unlikely to pose a threat to anyone’s livelihood.We suggest the following compromises:
• Tapes should not include sections of music in which other singers are performing, without the written permission of the affected artists.
• Tapes should be used for marketing or personal uses only – never sold commercially.
• Tapes could be limited to a certain number of minutes, or include a gap or voice-over to assure non-commercial use.
• Tapes should not be traded by opera companies or conductor’s without the singer’s written permission.
• Without written permission from the affected artists, tapes sent out by singers could include only the name of the performer being marketed, and not the names of the orchestra or other singers.We would like to invite further suggestion and discussion. Ideas and comments may be sent via email to the editor or to AGMA directly at AGMANATL@ aol.com.
Under the Table
Singers rarely see or hear the recorded version of their own performances, unless the performance is broadcast or someone in-house bends the rules. Strict limitations are intended to protect the rights and royalties of the other singers and instrumentalists involved. But tapes are made–whether you know it or not!
PirateTapes: Persons in the audience with tiny microphones make and market the tapes. Rules haven’t had much of an impact in preventing the underground business. It isn’t hard to find the catalogs or “pirates” by checking the Internet and just asking discreetly. Advocates say little money is made and it is done to preserve the performance. Some conductors and singers say privately that they are grateful for the pirates. Others deplore the use of these illegal recordings.
Archive Tapes Made by Companies: Performing companies who have received public grant money must document with tapes that the performance(s) have taken place. Companies may also videotape new productions for archive purposes and are allowed to use these tapes under strict guidelines. Yet we routinely hear of companies passing archive tapes for use in hiring and firing–without the singers’ knowledge. Some companies do allow singers to have copies of these tapes, but when speaking for the record, have to say they do not.
Singers’ Tapes: Singers frequently make tapes on the sly for their private use. They plant friends in the audience or backstage with a DAT recorder. We’ve heard of tape recorders in the auditorium during rehearsal or in an open briefcase or purse.
