TV shows based around live musical performances have a long and prestigious history. From classic variety shows like the Ed Sullivan Show to modern classics like American Idol, the stars and musicians featured on these programs draw millions of viewers every year. Behind every band and studio orchestra there are arrangers, orchestrators and copyists who make these ambitious productions and strict timelines possible by providing arrangements, scores and parts. Wages, scales and other conditions of employment for music prep professionals in Live TV were once hard-fought for by the AFM, in the yesteryear when larger studio bands and orchestras were the norm. Sadly, the protection of these conditions has eroded significantly. Music prep for Live TV is covered under the “Live Television/Videotape Agreement” [TVA] (see TV-Videotape-Agreement), which covers network TV shows that feature musical performances. It appears to have become common practice that contractors and producers undercut minimum wage scales and refuse basic standards of transparency in how they pay musicians. Contractors/Supervising Copyists on such shows are required (TVA Exhibit I, B. (2)) to submit music report forms to the producer and Local that detail each song that was prepared, along with the number of pages, parts, and rates used in determining payment (See Music Prep Report Form). These forms, which were jointly approved by the Federation and Industry, require signatures by purchaser and employee, confirming the accuracy of the information. Yet, according to Local 47 officers and employees, as well as former union employees and other industry professionals, these forms are regularly accepted by the Local without any signatures. While in some cases these signatures might seem like a burdensome technicality, not requiring them has provided some productions with the freedom to undercut minimum wage scales and obscure any transparency that musicians once had.
In August, 2020, the AFM filed a lawsuit against 212 Productions (see AFM v. 212 Productions), producer of The Voice, for underpaying music prep personnel on the show and violating the collective bargaining agreement (TVA). This came 2 years after musicians on the show first contacted the union, requesting that the lack of transparency in their payment be addressed. For
the first six years that the show aired, none of the music prep for the house band was billed through the union, even though the show was signatory to the TVA. It is unclear how one of the largest music shows on television managed to avoid paying musicians appropriately or making pension and H&W contributions without the Local becoming aware. Still, in 2017 the show began paying music prep through the union. It did not take long, however, for musicians to notice the loss in transparency in how they were paid. In the new system, a supervising copyist was brought on who completed invoices and submitted them to the producer and Local without showing them to the musicians. At some point in the future, musicians would just receive a check without any itemized information about the work they were paid for. Musicians had no way of confirming that they were paid for every assignment or what rates had been used. In the four years since, despite repeated requests by musicians on the show, the supervising copyist, producer and Local have failed to implement any changes. Not only does the Local accept and process unsigned music reports, but they often do not receive any music reports at all, and as there is currently no employee at the Local assigned to this contract, this regularly goes unnoticed. In this specific case, the damage done is such that music prep personnel are paid at rates less than half of the minimum wage scales set for the work that they do.
Some of these issues are not exclusive to The Voice. Musicians on other prominent shows have stated that they have never even seen, let alone signed, one of these music reports. Perhaps they submit their own invoices to the supervising copyist, so it is not as crucial that they receive and sign copies. Perhaps not. In any case, it is an unacceptable system that undermines musicians’ protection under the TVA. Music prep professionals on other shows, and even other parts of the industry, should be concerned as well. The Most Favored Nations provision of the TVA would allow other productions to claim that they are entitled to pay lower rates if it becomes common practice. While the AFM is currently addressing the issue of rates, the job of administering the contract lies with the Local. Monitoring music reports and requiring that they be signed should be the bare minimum with respect to this responsibility. So far, Local 47 has not addressed these issues, but we as independent music prep professionals should express our concern and demand that we are provided with the same protections as other organizations and members of the union.