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.
