[Fmpro] A Sixty Year Old Precedent and Composers joing the AFM

[Jeff Kaufman]

I have read over the last few weeks the dialogue concerning two important issues.
The first issue concerned the renewed interest in over turning a sixty year old precedent concerning composers receiving royalties from movie theaters. 
Let me start by saying that I agree that some amount of royalty payment should be due to composers as is the case overseas. While that is a thought I agree with in theory, I find the likelihood next to impossible in the United States and therefore a complete waste of time to pursue a sixty year old dormant issue. 
Let me explain, for the past Sixty years the movie theaters which at one time were owned by individuals,studios and corporations are now solely corporate owned. They were vast and profitable from the late 40’s to the mid 80’s then technology and urban sprawl arrived with a vengeance. The era of vast moviegoers to the theater to watch films have diminished as have the local movie palaces. Prices may have risen but viewership has changed in its dynamic. You can rent or buy a film for a fraction of the price. The turnaround time has shrunk and ticket prices are at a premium. When the average film is between 60 and 100 million dollars you know you are in trouble. Profits diminish versus the investment outlay.
We are entering a digital age which slowly will weed out the venues and only the strong corporations will survive. All they care about is maximizing profit. The turnaround time for films have shrunk since the advent of television, video recorders, cable , iPod, cellphones,HD , plasma/ lcd televisions, internet and digital downloads. Because of these factors over the last sixty years the market share and profit share in theaters have shrunk. Trying to reinstate a royalty left on the table sixty years ago during a heyday is a complete waste of time in the present. All composer contracts would have to be challenged and changed. I cannot imagine a well known law firm willing to take up the fight or a lobby more willing to destroy its opposition. Movie theaters will be nearly extinct in the next decade because of technology. If you are going to fight the fight let the fight be concerning the emerging technology where new inroads and markers can be placed.
 Trying to beat the drums of the past will only weaken your resources and future. Find a solution and propose a royalty on new technology and you will right the wrong that occurred in the past for this and future generations.
The next topic was concerning why the AFM should have composers as part of their union. Let us look at the facts and I mean no disrespect to musicians. Here are the negatives of the AFM idea. The AFM is not vested in any health plan due to it’s compromise years ago, it has allowed work to depart the Los Angeles area because of lack of compromise, they are not a forward thinking organization but are letting a chosen few dictate the terms for all and the entire membership suffers and finally its membership is made up of talented performers but not creators. 
Why would a creator not want to align themselves with a fellow creator? The footing and respect would be equal as would the level of bargaining. Lest we forget that musicians have no means of performance without the creative composition of a composer. Is the stenographer or typist as creative as the writer with the idea? I think not.
Since the advent of sound, Film has several important elements that it cannot exist without. The elements are script, director, actor, cinematographer, editor, designer, and composer. These are the elements that require newly created imagination and all have unions with the exception of the composer. If there is a future for a union it must be on even footing. The idea that performance royalties would be on the table is not out of the question but can be easily part of the basic bylaws of the union and taken off the table. There needs to be minimums on creative fees and the extinction of packages. Perhaps the single most detrimental aspect of any deal is the package. Producers do not hire cinematographers and editors and expect them to bring film, cameras, editing, equipment, assistants etc. with them on a job as part of their pay and the same applied vision should be given to the composer. If the composer is to do the best possible job their mind has to
 be free to concentrate on the creation and work within a budget but not be castrated by the budget. These are creative decisions made by creators of music not musicians. Align with the writers. They are the closest of the creative groups to understand your plight if a union cannot be formed separate then the writers are your closest ally. If you add another important element to the writer’s guild union in the making of a film then the bargaining power of that guild becomes stronger. They are the 300 pound elephant. You cannot continue to make films sans script or music. You cannot start one without a script or finish a film without music. Welcome to my ideas and thoughts.
 
Best,
 
Jeff H Kaufman