Solidarity Unions & Organizations Fight For Musicians’ Rights & Fair Pay
In a world where writer strikes have become synonymous with Hollywood, the recent strike by the Writers Guild of America (WGA) on May 2, 2023, has added a new chapter to the rising tide of the American labor movement. While the entertainment industry has seen its fair share of labor disputes, it is the music industry that has remained relatively silent, hindered by legal barriers and a lack of organization. However, the winds of change are blowing as musicians, supported by solidarity unions and musicians’ organizations, seek to reshape their industry and demand fairer wages and working conditions.
Drawing parallels with the historic struggles of the American Federation of Musicians during their strike from 1942 to 1944, musicians today find themselves facing similar challenges. Back then, AFM fought for a fair share of the profits generated by new technologies such as vinyl records. Their victory led to record labels allocating a percentage of sales to a trust fund for musicians, ensuring their financial security. But, subsequent decades witnessed the erosion of labor wins under the anti-union policies of the Reagan administration, leaving musicians vulnerable and their organizing efforts thwarted.
A pivotal moment in this struggle occurred in 1984 when the National Labor Relations Board (NLRB) ruled that composers and lyricists were independent contractors, not employees, thereby denying them the right to form a union. This decision not only dealt a blow to their organizing ability but also set a precedent that continues to impact musicians today. With the rise of independent contractors in the modern music industry, the protections offered by the National Labor Relations Act (NLRA) of 1935 no longer extend to many musicians, leaving them with limited collective bargaining power.
The distinction between songwriters and musicians has become increasingly blurred in the current landscape. Independent contractors find themselves excluded from the benefits and rights provided by labor laws. This classification not only weakens their organizational power but also exposes them to potential legal repercussions. Coordinated efforts to demand better pay can be perceived as price-fixing under antitrust laws, leaving musicians vulnerable to lawsuits. Even when musicians are classified as employees, court rulings have shifted the burden of employer status to band leaders rather than venues, making it challenging to mobilize and advocate for their rights.
While film and television labor unions have taken a big-tent approach, music unions have struggled to accommodate the diverse range of music workers. Traditional guild unionism, while effective for musicians with a single employer, falls short when dealing with musicians associated with multiple record labels and venues. However, hope is on the horizon. The emergence of organizations such as the United Musicians and Allied Workers (UMAW) and the Music Workers Alliance signifies a new wave of activism and solidarity among musicians determined to confront the status quo.
To address the legal and policy obstacles facing musicians, several key initiatives have been proposed. One such proposal is the Protect Working Musicians Act, which aims to create an exemption in antitrust law that allows musicians to collectively negotiate with major streaming services. This legislative solution seeks to align antitrust laws with the interests of workers, ensuring a fair playing field for musicians. While progress on this front has been slow, the introduction of the bill and the growing support behind it signal a step in the right direction.
The challenges facing musicians extend beyond a single policy fix. Addressing the complex web of copyright law, antitrust law, and labor law requires a multifaceted approach. Simultaneously, efforts must be made to build social safety nets that protect the rights and livelihoods of musicians. The mobilization witnessed during the WGA strike serves as an inspiration and blueprint for the music industry, showcasing the power of collective action in demanding a fair share of the profits generated by technology giants.
Organizers and musicians alike are determined to usher in a new era of change within the music industry. The Music Workers Alliance and UMAW represent the vanguard of a growing movement that refuses to accept the status quo. Their fight is not just for fair pay and working conditions; it is a battle for the recognition and empowerment of all music workers. The time has come for musicians to reclaim their agency, challenge the prevailing norms, and reshape the industry into one that values their creativity and contributions.
The struggle for musicians’ rights and fair pay is gaining momentum, echoing the spirit of past labor movements. While musicians face unique challenges and legal barriers, solidarity unions and musicians’ organizations are working tirelessly to bridge the gap and empower music workers. By uniting their voices, musicians can revolutionize an industry that has long overlooked their contributions. The fight for fair wages, improved working conditions, and collective bargaining power is not only a battle for musicians but a testament to the enduring power of solidarity in achieving lasting change.
The time for a revolution in the music industry is now. Discover the latest updates by visiting the MPT Agency Blog and connecting with MusicPromoToday.
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