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EXCLUSIVE: Talk about embarrassing a studio and a guild simultaneously. Tomorrow the American Federation of Musicians will 
picket Lionsgate because the studio is not using AFM musicians on The Hunger Games. Since that movie is now in post-production and AFM President Ray Hair has made Lionsgate the target of picketing, Thursday’s protest is happening at the Lionsgate TV show Mad Men‘s downtown LA location shoot. Further complicating the situation is that one of tomorrow’s picketers is expected to be Hair’s chief lieutenant, Recording Musicians Association Of Los Angeles President Pete Anthony who sources tell me “scabbed” as an orchestrator on The Hunger Games. (Anthony is a conductor for James Newton-Howard who is the composer for The Hunger Games.) Here’s what Hair says is AFM’s problem with Lionsgate:
“The American Federation of Musicians is moving to organize the independent film studio Lionsgate, and we are working right now toward securing AFM coverage for all musicians who might be employed on their upcoming movie, The Hunger Games,” Hair recently told AFM members. “The director, cinematographers, editors, actors, writers, and many others are all receiving union wages, benefits and protections for this U.S.-filmed movie, and so it should be for the musicians. Unfortunately, we currently have no motion picture contracts on file for the movie The Hunger Games, although we know that post-production music work has begun on this film domestically. Our goal is that Lionsgate recognize the importance of being a responsible employer, as well as the unparalleled value of working with the world’s finest musicians – you, our AFM members.”
The problem of having Anthony – the president of the RMA, a subsect of the national AFM — picket a movie he has scabbed on has brought considerable attention to the orchestrator because he’s up for reelection in two weeks. Activist AFM members are calling on Anthony to resign for working “non-union” even as he has been a vital member of the AFM. Further deepening the tension is that the AFM has a strict bylaw calling for a $50K fine for the composer and anyone else who works non-union. Now the question is whether AFM president Hair and local 47 President Vince Trombetta will make their members as responsible as they are holding Lionsgate? Here’s what the blog Responsible47 is saying about the AFM/RSM/Hunger Games/Lionsgate matter:
WHO ORCHESTRATED THE FILM? – wait for it… None other than the grand Pooh-bah of the RMALA, Pete Anthony.
That’s right folks. Not just an RMA member, not just an RMA officer, but the PRESIDENT OF THE RECORDING MUSICIANS ASSOCIATION OF LOS ANGELES (RMALA) just orchestrated a film that went out of the country (as he had done many times before), and orchestration IS covered by Union Contracts. There’s also a $50,000 fine for doing that work, though some mouths have been wagging, saying out of the country is fine. (See Bylaw below.)
Were Los Angeles AFM Local 47’s president Vince Trombetta and AFM president Ray Hair caught with their pants down? Did they know?Would that YouTube video exist if they knew?… since Mr. Hair is a wholly-owned subsidiary of the RMA?
Again it is demonstrated in neon lights that Loyalty and Unity end at the pocket book. It’s the CORE RMA way!
That’s a big OOPS for Ray Hair. Should have thought it through, Ray!
AFM BYLAW 15 states: “No AFM member may perform services (whether as composer, arranger, copyist, proofreader, instrumentalist, leader, contractor, cutter, editor, or in any other capacity): (1) where the product of the services is intended to result in, or be embodied in, recorded
music made outside of the United Sates and Canada and the possessions of either; or (2) for the purpose of producing, editing, or dubbing recorded music except where expressly authorized and covered by a contract with the AFM or when expressly authorized by the AFM.”Did the AFM authorize Pete Anthony to do this job? We don’t think so. If they pull a retroactive stunt to cover him, what does that say about who the AFM is really loyal to?
Editor-in-Chief Nikki Finke - tip her here.
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Why is AFM doing this now? Elfman recorded his score for “The Next Three Days” in London, and that was a Lionsgate release. Lionsgate has mostly done post-production music recording with non-AFM musicians for a few years now… with the exception being Tyler Perry’s movies.
And Pete Anthony has on two occasions conducted and orchestrated scores for JNH outside the U.S., which are “Nanny McPhee Returns” and “The Water Horse.” Wouldn’t he be fined for conducting nonunion musicians already?
There’s something not right with this.
Isn’t it borderline slanderous to say that European musicians couldn’t play the score well enough, and couldn’t Lionsgate sue the AFM for economic interference? Lionsgate is not a signatory to any AFM agreement and therefore not obligated to record it in the US or Canada. And yes, Lionsgate, Fox Searchlight, WB, Sony and tons of prod companies record in Seattle and London, and Eastern Europe ALL THE TIME. Why Lionsgate and why now? Lionsgate is either laughing or indifferent. Maybe they think London sounds better. They did do Star Wars and Harry Potter, actually -pretty well. What qualifies Ray Hair to know anything about anything? He isn’t a studio musician or executive. Both of the orchestras under his watch in Dallas are both going bankrupt. The Philadelphia Orchestra=bankrupt. And if Peter Anthony really worked on this film in any capacity- he should resign immediately. What a hypocrite.
Oh as a sidenote, there is no musical education required to 1) join the AFM (unlike SAG) or 2)run for office at any level of the AFM. the only requirement is to be a member- and the only requirement to be a member is to pay dues.
Isn’t it a bit odd to just assume that international musicians.. of symphony of all things, are inferior to American musicians.. I’m trying to remember something about Symphony.. hmm.. Beethoven, Motzart.. how the heck did they get by with all those Europeans?
Lionsgate isn’t a signatory on this, and more then that, there is zippo proof they underpayed or intentionally went after an inferior product to save cost. I can think of several action films that went abroad for their score.. I wonder if AFM protested them all?
This seems… ridiculous.
Another example of unions just hurting themselves. There was a time and a place. I think the time has gone. Now it’s just costing Americans thousands of jobs. What was supposed to be a shield has now become a sword. Who’s benefiting members or their leadership?
You are spot on HH. ALL unions will eventually become a sword.
Orchestration comes before recording. You cannot blame a screenwriter if the studio decides to move the shoot of a film he was written to a country where union rules don´t apply. It is not up to the writer, in the same way it is not up to the orchestrator if for economic reasons the studio demands the composer to record the score in a non-union place. All this absurd venom against pete anthony, an excellent musician by the way, proves that either somebody took nikki for a ride on this or she doesn’t understand at all how films are scored, orchestrated, recorded and mixed. This controversy is unfair, misinformed and wrong. Get the facts right before pointing fingers, please. That should be standard in this page where usually nikki gets the story right when nobody else does. Not this time.
Apologies, but that fact is Mr. Anthony is subject to a fine of $50K under Union by-laws. Your post does nothing to refute this fact.
Years ago a movie I worked on was scored in Prague. The symphony musicians needed tons of rehearsal, etc. When the music needed to be changed, we did the work with studio musicians in L.A. If you have never watched them work, it is absolutely amazing. They’re handed the music as they arrive, they read the music, they get their instruments ready and then THEY PLAY THE MUSIC. It was one of the most impressive things I’ve ever seen. I don’t know that they’re better musicians, but they have a skill set that few musicians have. This was an 80 piece orchestra and I’d put them up against anyone on this planet or any other!
Interesting defense of Pete Anthony.
Here are the pertinent questions:
Did he orchestrate the film?: YES
Did the score go to another country?: YES
The Pete Anthony defense writer says it’s not Pete Anthony’s fault if they decide to record overseas, but it didn’t stop him from flying there to conduct.
As president of the rmala, his loyalty to the people he represents should have prevented him from taking the conducting gig. But he did, several times. The fact that he did conduct overseas, for “Hunger Games”, “Nanny McPhee” and “The Waterhorse”, blow Anthony’s defense right out of the water. He’s a hypocrite, plain and simple and is playing the RMA members like a fiddle.
It would be great if the RMA showed him the door in a couple of weeks.
You got this story exactly right, Nikki!
Hey richard, nobody is criticizing Pete’s musical skills, which are widely respected. What they are criticizing is the blatant hypocrisy of leading the RMA-LA (union recording musician group), while continuing to orchestrate for films that record outside the AFM. These two actions are completely incompatible. If Pete really believes in supporting AFM score recording, he certainly shoudn’t facilitate non-AFM recording by orchestrating films to enable overseas musicians to record them. Like they say, “Just Say No!”. But of course, for RMA types, the wallet speaks louder than anything else, especially loyalty and solidarity, not to mention taking moral responsibility. So Pete said YES, took the money, and now has to take responsibility for his actions. Bylaw 15 is very clear on this. And until the Pete Anthonys of the world start walking the walk, not just talking the talk, the AFM will continue to be an ineffective, toothless joke.
It’s the moment of truth for the AFM and the RMA-LA. Ray Hair has now drawn a line in the sand – let’s see what they do.
I understand the musicians’ indignation, but I still feel the anger towards Mr.Anthony is misdirected. It is Lionsgate who’s being cheap and yes, stupid, because the best musicians in the world are in L.A and nobody can record a score like the L.A studio orchestras can. Lionsgate is passing on the pressure to people who are caught in the dilemma of making a living and playing the power game in a business with notoriously unethical protocols. I do not think Mr.Anthony’s behavior is exemplary or heroic, but human. And I bet many of those who criticize him would do the same if they were in his shoes. I just feel it is very easy (and convenient for Lionsgate) to orchestrate, pun intended, a crucifixion of Mr.Anthony when the problem is not him, but them. It is classic corporate strategy to pass on the “blame” to somebody on the other side. Do not fall for that.
@richard. no one is blaming pete anthony for taking work. It’s hypocritcal to be the president of an AFM conference that supposedly FIGHTS FOR MUSIC TO BE RECORDED IN LOS ANGELES UNDER AN AFM AGREEMENT – and then take work elsewhere that isn’t covered. Either step down or stop doing that. It sends the wrong message to everyone under him, that as long as there is money to be had, rules be damned. do you get it now? None of this would have happened if Ray Hair didn’t make that ridiculous video (Producers: the musicians are laughing at that too, so don’t hold it against us). – Nashville musician
I get the point and I suppose Mr.Anthony did not want to jeopardize his relationship with James Newton Howard, the composer. At any rate, all this goes to prove that old Bill Bernbach maxim: A principle is not a principle until it costs you money.
TNgirl hit the nail on the head. It’s Pete Anthony’s position as RMA-LA President that is making this such an incredibly hypocritical move.
But in addition to that, rules mean something. Words mean something. And Bylaw 15 means something, unless the AFM now is giving members the right to selectively obey or disobey any and all bylaws as each member may see fit to do. Without rules and the enforcement of them, there are no rules, and there is no organization, just a bunch of wishful thinkers. If enough orchestrators are unavailable to work outside the AFM, their composer bosses will get the message and maybe, finally, we’ll see some pushback to the race to record outside LA. Then again, maybe one day the AFM will realize that driving work out of town by not offering any type of practical buyout scale for film and TV work (unlike the London musicians union which offers an effective buyout of all major usages) is not necessarily in the best interests of its members at large.
It doesn’t matter whether it’s musicians or any other service, arrogantly claiming “we’re the best so we don’t have to be competitive” is simply not working any more. The bean counters at the studios look closely at every dollar, and more and more cities like London are looking very competitive – not because their scale wages are much different than here (they aren’t) but because they allow the studio to pay once for the music for all primary usages, instead of demanding as the AFM does that the studio keep their accounting books open for years and years into the future to deal with all the strings attached with the AFM contract in terms of future monies paid to the musicians who recorded the score years or decades ago. Kudos to the AFM for negotiating that decades ago, but what might have been competitive so long ago when LA had a monopoly on skilled recording musicians for film/TV is simply not competitive any more now that skilled recording musicians exist in London and elsewhere, and are willing to offer a buyout scale. It’s simple economics, and all the protesting and complaining in the world is not going to change that simple economic truth. The AFM is no more immune to globalization than any other US labor union.
Ok, I’m just going to say this as straight as possible. I’m a composer working in LA and a member of the union. The union only costs me work. The union is directly responsible for work leaving town and the reason we currently basically down to two scoring stages instead of 5 when I moved here 10 years ago.
Lionsgate is NOT a union signatory. They can score the movie wherever they want. End of story. Furthermore, Sony, Fox, Disney, etc. all score in different places as well. London, Australia, Prague, etc. The LA musicians are NOT the best recording musicians in the world. They are simply the most expensive. If the union wants to be consistent, they should be picketing every studio, because they ALL record scores outside of the united states.
The reason LA musicians are not always used is because the union contract and benefits are onerous, sometimes far too much so to be able to afford to record here. So the studio makes a financial decision on where they want to record. The rest of us go where they tell us. Should Pete Anthony be punished for working for JNH who he’s been working with for years simply because the score is not being recorded in the US?
Let me explain something to you. The union has never got me a job ever. In fact, as a composer, the musicians who play my music make more residuals than I do, the guy who wrote it. Ask the union how much a composer makes on the sale of a DVD copy. Nothing. All the musicians that play on it however do get a cut. Do you think that is really fair?
The problem here is one of entitlement. The music union feels they are actually entitled to something. Guess what, they aren’t. If Lionsgate is not a union signatory, they can record the score wherever they want. You can picket all day if you want – it makes no difference. Furthermore, the whole reason Lionsgate is not a signatory is because they do not like dealing with the union. So, honestly do you really think the best way to approach this is to picket? Really? How about you sit down with the studio and ask them what you can do to repair the relationship? Instead of coming out guns blazing with no leg to stand on.
I’m sick of suffering the consequences of the union’s actions. They cost me work. There are less scoring dates in LA, there are less musicians working and more and more musicians are finding other lines of work and it’s not because of the recession. Criticize me all you want, but I’m in the middle of this every day and I see the direct result. It’s sad.
Oh, and just a little piece of advice. The London musicians are every bit as good or better than the LA musicians. The reason they work is because they are easy to deal with and they aren’t being paid residuals on every project in perpetuity. Think about that maybe before you picket and punish people like Pete Anthony who is just trying to work with a great composer who he’s had a relationship for years.
Some of us in this town want to make music and work. If the music union was worried about its base, it would work to make relationships with the studio better, give up some of its entitlements and not be a confrontational ass. That would help keep work in LA. Until that happens, watch as more work continues to leave town.
Lacomposer, you are exactly right. I’m a member of 3 guilds, and NON of them have ever helped me get a job. In fact they hurt my chances of being re-employed by a certain production company. After all the dues I pay every quarter, all they do is scrutinize my jobs. The unions cater to the 2% of workers that make big money, but they rely on the 95% of us worker-bees, yet they’ll never lift a finger for us, but they will come down on you for violating any rules. I’ve opted for financial core. Done with losing work because of my affiliation, done with being bossed around for just trying to earn a living…
I get very tired of hearing how the LA musicians are the best in the world. If they’d stop blowing smoke up their own rears long enough they’d see that there are world class (note the word world-not la) musicians all over the world.
Living in LA and having recorded in LA , London, Prague and Paris I can tell you that LA musicians have nothing on the string players in Prague. Brass and winds can be spotty in Prague. In France, the musicians are every bit as good, and their attitude is better.
LA has absolutely nothing on London. They’re are the quickest and the best and have the best attitude.
They do not spend their time between cues playing their favorite concertos to get noticed by the contractor or jockey for a better polling position.
As another composer in LA reminded me, another big difference is that when you take a break not just the concertmaster goes back, but the principals of all the strings sections comes in to listen, then actually talk to their sections about it.
Ever see that in LA? I don’t think so, concertmaster and soloists if that.
LA has some of the best musicians in the world, but so does everyplace else, and give me the BBC Phil/Royal Philharmonic/Berlin Phil over the overstuffed, arrogant and not nearly good as they think they are nifty 150 of the rma.
I agree with the previous post about the musicians in London as the London Philharmonia is the finest orchestra that I’ve ever had the pleasure to work with – bar none. It’s not just the playing and sense of blend that makes them outstanding but also their complaisant demeanor and overall professionalism which makes this orchestra incomparable in my book. They are just wonderful.
Regarding the Pete Anthony situation, I believe he should withdraw from the RMA presidency race and choose as a replacement someone with no conflict of interests/loyalties, preferably a performer, a musician whose very living is dependent on recording work remaining in Los Angeles (such as their past president, a forty-plus year veteran studio musician). In this scenario everyone wins…and Mr. Anthony can continue to do all the outside recording work he wishes (because he’s no longer subject to the intense scrutiny).