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Musicians deal with stingy streamers and AI threats, too. So why aren’t they on strike?

Summary

Musicians are feeling increasingly frustrated by streaming platforms and AI threats, and many wonder why they are not on strike like actors and screenwriters. Most musicians are not unionized and lack representation, leaving them with little power to collectively bargain for better pay and labor conditions. Various organizations and initiatives have been created to help musicians fight for their rights, such as the Black Music Action Coalition, the Hip-Hop Alliance, and the Music Artists Coalition. Additionally, bills like the PRO Act, the American Music Fairness Act and the Protect Working Musicians Act have been proposed to help musicians gain more power and better pay. Musicians have been showing solidarity with striking actors and screenwriters, and many hope to achieve the same success.

Q&As

What are the legal hurdles in the way of musicians forming a union?
Under current law, without a National Labor Relations Board-recognized union that can collectively bargain for them, pop musicians and songwriters are treated as independent contractors licensing their work. Additionally, federal laws like the Sherman Anti-Trust Act limit artists’ and songwriters’ ability to collectively withdraw their music in protest of streaming platforms and other companies.

What organizations are advocating for musicians and songwriters?
The Black Music Action Coalition, the Hip-Hop Alliance, Songwriters of North America, and the Music Artists Coalition are all advocating for musicians and songwriters.

What legislation would improve musicians' rights and incomes?
The Protect Working Musicians Act would update federal antitrust law to allow an exemption for musicians to collectively bargain with streaming services and other companies. The American Music Fairness Act would update laws to pay performers for broadcasting their work. The PRO Act would expand workers’ rights to organize in ways that would help musicians too.

How have musicians shown solidarity with other striking workers?
Musicians such as Weezer, Rage Against the Machine’s Tom Morello, Imagine Dragons, Public Enemy’s Flavor Flav, Snoop Dogg, and Dr. Dre have performed impromptu sets on picket lines, brought pizza to protesters, and canceled shows in solidarity with striking writers and actors.

What is the history of musicians' unions in the U.S.?
In 1942, the then-136,000 members of the AFM authorized a strike, fearing that radio stations and allied record labels would take advantage of the new technology of vinyl records to siphon away their performance earnings. After a second strike in 1948, for decades, the Music Performance Trust Fund was the single largest music buyer and employer of musicians in the country, and the AFM had 250,000 members at its peak in the 1950s. However, after the second world war, a conservative federal government passed a pair of laws — the Lea Act in 1946 and the Taft-Hartley Act of 1947 — that limited the AFM’s ability to negotiate for better pay and hiring practices. In the ‘50s, the AFM, owing in part to racist beliefs about Black music, didn’t organize then-emerging rock and R&B acts. Black musicians organized valiantly, but segregation limited their abilities to perform and benefit from the trust fund. Union infighting split the group’s allegiances across class, and in the ‘70s, courts ruled that gigging acts were actually independent contractors, with the singer or bandleader as the nominal employer, kneecapping unions’ ability to organize.

AI Comments

👍 This article provides an interesting and comprehensive overview of how musicians have been affected by streaming platforms and AI threats, and how they may be able to unionize and fight for better pay in the future.

👎 This article paints a bleak picture of the current state of the music industry, highlighting the struggles of musicians to gain control of their labor and fight for better pay.

AI Discussion

Me: It's an article about why musicians aren't on strike like actors and screenwriters. It talks about the legal and political obstacles that musicians face in attempting to unionize, as well as the impact of anti-trust laws and copyright laws on their ability to collectively bargain for better pay. It also talks about the various organizations that are trying to help musicians organize and advocate for better pay.

Friend: That's really interesting. It's amazing how much of the music industry is still so unorganized and how difficult it is for musicians to get fair pay. What do you think the implications of this article are?

Me: I think the implications are that musicians need to take more action in terms of organizing and advocating for better pay. The article highlights some of the obstacles that musicians face in terms of their ability to unionize and fight for better pay, but it also shows that there are organizations out there that are actively working to help musicians get better pay and better working conditions. I think it's really important that musicians come together and fight for their rights and for better pay.

Action items

Technical terms

Streamers
Companies that provide streaming services, such as Netflix, Hulu, and Amazon Prime.
AI
Artificial Intelligence, which is the development of computer systems that can perform tasks that normally require human intelligence.
SAG-AFTRA
The Screen Actors Guild-American Federation of Television and Radio Artists, a labor union representing actors, broadcasters, and other media professionals.
WGA
The Writers Guild of America, a labor union representing writers in the motion picture, broadcast, cable, and new media industries.
AFM
The American Federation of Musicians, a labor union representing musicians in the United States and Canada.
MPTF
The Music Performance Trust Fund, a fund established to pay musicians for performances in public venues.
Lea Act
The Labor-Management Relations Act of 1947, which amended the National Labor Relations Act of 1935 and restricted the activities of labor unions.
Taft-Hartley Act
The Labor-Management Relations Act of 1947, which amended the National Labor Relations Act of 1935 and restricted the activities of labor unions.
ASCAP
The American Society of Composers, Authors and Publishers, a performing rights organization that collects and distributes royalties for public performances of its members' works.
BMI
Broadcast Music, Inc., a performing rights organization that collects and distributes royalties for public performances of its members' works.
SESAC
The Society of European Stage Authors and Composers, a performing rights organization that collects and distributes royalties for public performances of its members' works.
PRO Act
The Protecting the Right to Organize Act, a proposed federal labor law that would expand workers' rights to organize.
American Music Fairness Act
A proposed federal law that would update copyright law to pay performers for their work when it is broadcast on AM/FM radio.
Protect Working Musicians Act
A proposed federal law that would update antitrust law to allow an exemption for musicians to collectively bargain with streaming services and other companies.

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