FEATURE: In Harmony: Why the Music Industry Needs to React to the Writers Strikes in the U.S.

FEATURE:

 

 

In Harmony

PHOTO CREDIT: Freepik

 

Why the Music Industry Needs to React to the Writers Strikes in the U.S.

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THINGS are very difficult…

 IN THIS PHOTO: Earlier this year, RAYE spoke out about how songwriters are underpaid and deserve better respect/PHOTO CREDIT: Callum Walker Hutchinson for British Vogue

and changeable in the entertainment industry in the U.S. That sounds rather vague and understated! Whereas writers were striking before, they have been joined by actors. It seems that television and film are going to massively impacted in the short-term. It will have big ramifications when it comes to new films and T.V. shows. The BBC reported on the latest developments:

Jason Sudeikis, Susan Sarandon and thousands of other actors have joined screenwriters for Hollywood's biggest strike in more than six decades.

Actors will not appear in films or even promote movies during the stoppage.

Major films in production including the Avatar and Gladiator sequels may be affected by the shutdown.

The actors are joining writers who walked out in May, concerned about pay, working conditions and the industry's use of artificial intelligence (AI).

Brian Cox, the lead actor on HBO's Succession, told the BBC the strike could last "until the end of the year".

"The whole streaming thing has shifted the paradigm," the Scottish star told BBC Newscast.

"They are trying to freeze us out and beat us into the ground, because there's a lot of money to be made in streaming and the desire is not to share it with the writers or the performers."

Talks for a new contract with studios and streaming giants broke down on Thursday, with the Screen Actors Guild (SAG) accusing the Alliance of Motion Picture and Television Producers (AMPTP) of being "unwilling to offer a fair deal".

About 160,000 performers stopped work at midnight, joining the 11,500 members of the Writers Guild of America (WGA), who walked out on 2 May.

By noon on Friday, union members and their supporters had gathered outside the offices of major studios and streaming services in Los Angeles, New York and other cities.

The demonstrations have received support from some of the biggest celebrities in the movie and television business, including the stars of the upcoming Oppenheimer movie, who walked off the red carpet on Thursday night.

The two guilds want studios and streaming services to offer better pay, increased royalties, higher contributions to their pension and health plans, and safeguards on the use of AI in the industry.

Productions likely to be affected include sequels to the Avatar, Deadpool and Gladiator franchises, as well as upcoming seasons of shows such as Stranger Things, Family Guy and The Simpsons.

Red-carpet premieres, promotional interviews, and events including the Emmys and Comic-Con, have already been halted, rescheduled or scaled back.

The strike action is driven in part by an uncomfortable transition to the era of digital streaming, as well as by broader technological changes.

"AI will affect everybody," Academy Award winner Susan Sarandon told the BBC from a picket line in New York.

"There's definitely always been the feeling that if it isn't solved now, how do we ever solve it in the future?" she said.

"If you don't have the foresight to put something in place for the future, then you're screwed. It's clear that nothing is going to change from the top down, it's going to be up to us at the bottom."

Both writers and actors have complained that they make far less money than they used to make and that contracts have been undercut by inflation.

For actors, pay for individual roles has declined, forcing them to seek several more roles to make the same amount of money as they did a few years ago.

Writing contracts have become shorter and more perilous, with payment often not included for writers' work on revisions or new material.

"We are being victimised by a very greedy entity," Fran Drescher, the current SAG president, said on Thursday. "I am shocked by the way the people that we have been in business with are treating us."

PHOTO CREDIT: Frederic J Brown/AFP/Getty Images

The failed negotiations between the unions and the AMPTP marks the first tandem strike in the industry since 1960. The last actors' strike, in 1980, lasted 10 weeks.

A third union, the Directors Guild of America (DGA), is not participating in the strike after successfully negotiating its own contract in June, but the group has said it "strongly supports" those who are picketing.

With the prospect that the strike could roll on for months, cinemas could face problems, and viewers may be left with nothing new to watch bar reality TV and live sport.

In a statement on Friday, the White House said President Joe Biden "believes all workers - including actors - deserve fair pay and benefits".

"The President supports workers' right to strike and hopes the parties can reach a mutually beneficial agreement," spokeswoman Robyn Patterson said.

Actors represented by SAG's sister union in the UK - Equity - must continue to work as normal, due to UK employment laws. That includes stars of HBO's House of the Dragon.

The union has however told US companies it will be keeping a "very close eye" on any attempts to move US productions to the UK”.

I have seen so many posts around the U.S. strikes and why there needs to be reaction in the U.K. when it comes to music. Maybe not just here. Actors are supporting writers and their rights. Making sure they get their dues and are heard. There is not really anything like that in music. There are not the same movements and unity. Whether it was the lack of #MeToo movement in music or anything else that has appeared in Hollywood and brought about change, it has not been mirrored in music. I think that the strikes in entertainment show that there is this anger and need for improvement. There is so much going on in music that needs to lead to strikes and unity. A.I. is taking over. In terms of imposing and being too dominating, A.I. is a real concern. There is this thing and feeling that it is going to have a negative impact. It is useful in terms of its technological brilliance. It can be a real advantage and asset for songwriters and producers. Unfortunately, there is a nervousness that replicated songs are taking over. Artists are being mimicked and impersonated by A.I. That feeling that people won’t tell the difference or we are going to get this tsunami of fake songs and A.I.-led sounds. A.I. can never really sound exactly like a human voice, as it does not have the same depth, layers and nuance. There is no telling right now how damaging and dominant this trend could be. Away from that, there are a lot of issues impacting songwriters. Not only are many artists being underpaid, and streaming sites like Spotify still do not compensate them properly. There is also an issue of royalties for many American songwriters. This article explains more:

If you love songwriters and hate the many ways songwriters are underpaid, paid slowly, or not paid at all, please read the following: There is between $700-$800 million of mechanical-royalty income related to songs that were streamed between 2018 and 2022 that has not been paid — and there is no guidance on when it will.

Why? Eyes down.

The Mechanical Licensing Collective (“MLC”) is an organization responsible for receiving mechanical royalties from streaming services, matching the royalties for songs to the appropriate songwriters, and distributing that income to songwriters and publishing companies accordingly. The MLC is currently holding $373 million dollars in mechanical royalty income for songs streamed between 2018 and 2022.

In simplest terms, the MLC can’t distribute this money because the mechanical royalty rate for that period still has not been finalized.

The statutory rate for mechanical royalties is set every five years by the Copyright Royalty Board (“CRB”). This rate hadn’t moved very much in decades; however, in a 2018 proceeding before the CRB that is known (anachronistically) as Phonorecords III, songwriters and publishers finally received an increase to the compulsory mechanical royalty rate, from 11.4% to 15.1%, for the 2018-2022 period. Four streaming services appealed this decision, causing a long and expensive back-and-forth in the courts. Finally, in July of 2022, the increased rate was preliminarily upheld — the decision was heralded as a long-awaited win to songwriters. In addition to the royalties held by the MLC, if these preliminary rate increases are finalized, streaming services will owe hundreds of millions in royalty payments to songwriters for those past periods.

In total, finalizing the Phonorecords III rates could lead to additional payments of up to $700-800 million in royalties.

Unfortunately, it has been a hollow victory for songwriters thus far. For the monies to be released, the CRB must publish a final determination on the mechanical royalty rate for the 2018 to 2022 period. Once it is set, streaming services will have six months to report and pay the MLC additional royalty payments based on the increased rate. The CRB, presumably dealing with other important matters, has still not issued its final determination.  Obviously, this is frustrating, but it is especially painful in a time of economic uncertainty and heightened inflation. Mechanical royalties are a critical source of revenue for songwriters, particularly as streaming has become the dominant format for music distribution”.

 PHOTO CREDIT: Marcela Alessandra/Pexels

That is really the tip of the iceberg. There would not be a single strike or campaign in the industry. It is the case that songwriters and producers are not as heard and represented as artists. Not that there is this deliberate division between them. You do not really see producers and songwriters compensation and spotlighted as much. They contribute to these incredible songs and albums’ success, but they are not compensated and highlighted enough. From being underpaid to not being nominated and seen as award ceremonies, you do feel like there needs to be a moment when there is this real commitment to change. I have seen social media and read about so many artists feeling we need this strike and Hollywood-style coming-together when there is this change. As I say, there has not really been a #MeToo movement in music like there was in Hollywood. Because there is inequality and this discrepancy between artists and songwriters/producers, a fear of A.I.’s role and future potential and so many other things that need to be addressed. The Hollywood strike might go on until the end of the year. Let’s hope that it leads to change. We do need something similar in music. I know the industry is a lot larger than the acting one, but there could be this connection and protest. We have come to a time when technology is actually having a negative effect. From A.I. trying to replace humans to the way steamed music pays so little to artists, right through to how songwriters are owed so much compensation, what is going to happen? We can talk and write about it, yet there does need to be something bigger and more active. At a time when Hollywood is seeing this revolution, the music industry needs…

 IN THIS PHOTO: Some Hollywood writers have brought levity to their signs on the WGA's picket lines/PHOTO CREDIT: Frederick J. Brown/AFP via Getty Images

TO follow suit.