Subject: Fete de la Musique
Hi Mr Draper,
I read your comments about Fete de la Musique in the Courier Mail with interest yesterday. I just thought I'd forward on Brisbane City Council's response to your letter so you're aware of our reasoning as well.
Brisbane City Council in partnership with Brisbane Marketing, Alliance Francaise, and supported by Courier Mail, rolled out Fete de la Musique on 21 June for the first time in Brisbane. The event attracted a broad diversity of musical genres and talents from school choirs through to renowned Brisbane jazz groups and international artists. The underlying ethos of the international event is to celebrate and represent the ‘grassroots’ music and arts community.
Fete de la Musique was held in 340 cities worldwide over the weekend, who all staged the event in a similar format.
The program format was developed in consultation with Alliance Francaise - the body who hold the international rights to presenting the event and in direct consultation with the Cultural Attache from the Embassy of France. Involvement in Fete de la Musique saw Brisbane artists participating in an international celebration of music. The charter of the Brisbane program was provided by the international partners which clearly outlined the terms of engagement with artists.
Fete de la Musique provided the opportunity for artists at any professional level the opportunity to perform and take part in a citywide and worldwide celebration of music. All artists participating in the program did so of their own volition and the response from participants has been overwhelmingly positive.
All 290 artists were fully aware that no payment would be forthcoming. Participation in the program generated a genuine sense of community spirit which has been clearly expressed through correspondence received from artists after Saturday's event.
Brisbane City Council offers many paid opportunities for artists through initiatives such as the City Entertainment Program, including weekly lunchtime concerts in City Hall, major community festivals such as Stylin' UP, regular brass and concert bands in public parks, schools engagement initiatives, and other community development projects throughout the year.
The event was only made possible by the contribution of many volunteers including staging, technical, and organisational staff. Brisbane City Council is looking to present Fete de la Musique in 2009 and will do so based on the international charter provided by the international body responsible for the event.
Damian Hubert from Alliance Francaise has also supported Council’s involvement with this year’s event in the following statement:
(In Fete de la Musique) the musicians are asked to perform for free, and all the concerts are free for the public. Fête de la Musique encourages the major music institutions (orchestra, operas, choirs, etc.) to perform outside their usual locations. These kind of institutions can also welcome other types of music. In this way it offers an opportunity to develop exchanges between city centres and their outlying areas, to promote encounters and exchanges between young musicians and well-known talents.
Courtney Lock
Media Relations Officer
Marketing and Communications
Brisbane City Council
Ph: 07 3403 5406
Fax: 07 3407 2947
Email: courtney.lock@brisbane.qld.gov.au
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Comments from APRA (Australian Performing Right Association):
Hi Paul,further to your comments, I just wanted to clairfy that I was on the Committee of the MusicFest which brought Fete de la musique to Australia in Sydney in 2006. This was because I was a past Committee member of Alliance Fancaise de Sydney and at APRA. APRA supported the project by promoting it to members and venues who were all volunteers, as was the organising committee. We had volunteers also design an amazing website which allowed performers and venues to register their interest and create the programme. APRA was not involved per se as you say iun your blog. Sydney council cooperated in providing some venues for performances in Hyde Park and some other council buildings. The idea and how it is practiced around the world is that it is one day of the celebration of the performance of music for free in unlikely venues. In Sydney we put on performances in ferries, in parks, building foyers, hsopitals, etc. This year however, MusicFest in Sydney transferred back to the Alliance as we lost some of the committee members and the cost of public liablility insurance and time became too much. Also, the weather in Sydney on the winter solstice was not like in your fiar city. You also have the Valley which is a perfect area for outdoor performances - we were hampered by regulations regarding performing in public.As for your notion that performers were paid in France - this is not the case and I am surprised you would rely on wikipedia as an information source for this. Check out http://fetedelamusique.culture.fr/87_English.html which gives you mroe accurate information. I will also send you some information by email on the event hyere and abroad. We would hope that the Qld Con would see the value of the idea and support it, as the Sydney Con did here. The irony of making such an empassioned plea for payment of the performers at this free event in the context of a panel for Creative Commons was not lost on me....Scot Morris. APRAnoreply-comment@blogger.com
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6 comments:
Interesting the way stories are told, from many perspectives. There are many emails I have received form working musicians, but I think this story told by the BCC's 'Terms and conditions - performer participation' tells the most revealing story:
http://www.brisbane.qld.gov.au/BCC:BASE:2082572626:pc=PC_3114
Rights Granted by You
You authorise us and our assignees, licensees, servants, employees and/or agents to make recordings (both audio-visual and audio only) of your performances ("Recordings"). We will only use the recordings for archival and promotional purposes and we will not commercially release CDs or DVDs of the recordings, unless we negotiate the relevant permissions and terms with you by separate agreement. We will own all rights (including copyright) throughout the world in perpetuity in the recordings including the right to:
broadcast and/or communicate the recordings to the public via television broadcast (both during the performances and from the recordings);
communicate the recordings over the Internet;
communicate the recordings to the public on radio (both for simulcast with the performances and for simulcast with any later broadcast or transmission of the recordings);
communicate the recordings via screens around the venue (if applicable);
include the recordings or excerpts from the recordings on a video, CD, DVD or in other promotional material related to Fête de la Musique; and synchronise the recordings with any media for any purpose set out in this paragraph. You will receive no additional payment for the uses of the recordings. You acknowledge that we have the right to use your name, professional name, photographs, image, likeness and biography for any purposes connected with Fête de la Musique.
No warranties
To the extent permitted by law, we expressly exclude all express or implied terms, conditions, warranties, statements, assurances and representations in relation to Fête de la Musique. If any of the exclusions or limitations set out in these terms are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these terms, to the extent permitted by law, our entire liability and your exclusive remedy is limited, at our discretion, to us supplying our services again. Nothing in this agreement excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by statute or regulation if it cannot lawfully be excluded, restricted or modified.
In most cases we have no involvement in the running or production of any event taking place during Fête de la Musique (“the Event”). Brisbane City Council will not accept any responsibility:
if any event is not capable of running as planned;
if any event is cancelled or suspended;
for any problems or technical malfunction associated with any event;
if your services are cancelled or suspended; or
for any injury, loss or damage incurred or caused by you in connection with your participation in Fête de la Musique or an Event or for any other reason whatsoever.
I cannot confess I know much about Fête de la Musique as until very recently I had not heard about much about it. I was surprised to find out that no musicians were being paid. I can understand community & amateur groups performing free of charge as this is part of the rich fabric of our society, however I was perplexed regarding the up & comers & the seasoned professionals performing without payment. We in the music industry face great challenges to keep our art alive and many struggle to eek out an existence. With technology both helping and hampering our endeavors, downloading & piracy a huge issue for the investment in new acts – live performance could be considered the last bastion of gainful employment for the professional musician. The organisers from Brisbane Marketing would of course be on a salary, the providers of the production would be paid, the increased foot traffic would please the retailers and the crowds obviously delight in the atmosphere. Perhaps the exposure is enough for the music professionals to feel good about being part of such an event and perhaps more opportunities may come of it. Time will tell. I for one would like to see musicians make a living according to their talents and passion.
At around the same time as Fête de la Musique, Brisbane Marketing held a conference to discuss the emergence of Brisbane as being an international hub of musical creativity in all genres of music both professional and community based. Brisbane Marketing has taken a leadership position in this regard and from what I witnessed and discussed it has been embraced by many. The theme that we must embrace our musicians, find ways to encourage them to stay in Brisbane and attract musicians to live here. We need to celebrate the fact that we are a city who values our musicians and their creativity. This view seems a little ironic given the circumstances of the robust discussions concerning Fête de la Musique.
Paul,
This is an issue that gets under my skin, you may recall me getting on my soapbox a little bit during the final panel at the Createworld Conference last year on this very issue. It is something that is constantly put on performers to "do their civic duty" while everyone else involved get their fees or wages. Retailers also get the benefit of this as you point out. This is an issue that I also deal with from the other side at the radio station, organisers of so called "community service" events constantly come to us cap in hand asking for free publicity for these events while at the same time paying vast sums for TV or press advertising to promote the event.
If the event organisers are not paying any performers at all then this could also be a tactic to circumvent the need to pay APRA for an event license. They still need an APRA license to play copyright music even if the event is free to the public. If the event involves live performers (not including DJs) the license fee is calculated at 2.2% of gross expenditure on the performers.
Problem is musicians do this to themselves, while there are plenty of performers willing to play for "exposure" their entire life then event generals will always have a gullible army. At some stage musicians need to say "I am a professional and I don't need the practice anymore, so pay me." While they continue donate their services potential clients will always dismiss what they do as a hobby or pastime and therefore not worthy of serious consideration for payment.
In the words of Laurie Lawrence, "Never be frightened to put a value on who you are and what you do, if you don't respect your own skills and abilities nobody else ever will"
And yes, I do see this issue from all sides.
Glenn Clark
it is horrifying that the attitude still exists, and there are organizations still profiteering from this form of exploitation. In an industrial relations context ( and as a practising and performing musician - or monkey - that IS what we are speaking about) it has got to be illegal. I was never aware that even during the workchoices debacle, one could sign away ones right to payment. That professional musicians have been sucked in and done so for years and years is no excuse. Probably the only way to change the attitude "that we play our instruments and it is so enjoyable for our audiences that we should be happy to do it for nothing" is through campaigns such as you seem to be mounting, and musicians refusing to play without proper recompense. Let us not take away any of the enjoyment of amateur players and groups in playing in public. That is not the issue here. But recall how many other professions or trades work in this way? Be great to say to a plumber that they so enjoy playing with pipes that they can do it for free, and working in my septic tank gives them great exposure and such a wonderful experience they ought to be happy to do so for nothing!
Reading various bits of correspondence, the council staff do not appear to have donated a proportion of their salaries to the cause (and hopefully took time in lieu for the overtime worked)
Paul,
I have pasted below my comments I wrote in response to your submissions, which regardless of the Fete de la Musique context are valid issues of concern in relation to performance rights and attitudes to performers in Australia in general.
"I write in support of Dr Paul Draper for publicly raising the important issue regarding the absence of performance fees for last weekend's Fete de la Musique event. It is understandable that such performances promote community engagement with the arts and as such are important cultural events. However volunteer performances can only truly be justified if the event is volunteer based across the board.
While the BCC has claimed the event utilised staging and technical volunteers (some or all?), did the event managers volunteer their services also in setting up this festival? All too often musicians and artists are not treated as career professionals. Paying anyone at all in the staging of an event to the exclusion of the performers is discriminatory and the cultural detriment is obvious.
I've no doubt Fete de la Musique was a positive and uplifting experience for performers and audience alike, however if it is rerun in 2009 and is not 100% staffed by volunteers, it would be logical to pay the performers accordingly and respect that they, like stagehands, sound and lighting technicians, stage managers, festival coordinators, event managers and event marketers, are dependent on being paid for their craft to earn a living."
Emma Carroll
I think that people saying the musicians where exploited is extremely narrow minded. As it has all ready been stated the musicians all volunteered to play at the event and I honestly don't think any of the musicians who preformed on the day saw not being paid as that much of an issue. The massive amount of exposure and the chance to play to open audiences were their incentives.
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