re: HERE LIES LOVE to open with no live musicians
Posted by: NewtonUK 06:45 am EDT 05/26/23
In reply to: re: HERE LIES LOVE to open with no live musicians - ryhog 04:45 pm EDT 05/25/23

I agree 100%. The producers should have negotiated this with AFM long before now. The Public knows better as well. What fascinates me is that this Broadway transfer was announced quite a while ago. AFM knows very well there were no musicians off Broadway, as AFM has no contract with the Off Broadway League. Although many musicals start at the Public with AFM bands, AFM made no comment, as I recall, that HERE LIES LOVE at the Public was performed to tracks. And they certainly had no grounds to object at that time - and they didn't.

But when the Broadway transfer was announced they surely should have contacted Mr Luftig immediately to discuss how the production was going to be done, considering the AFM/Broadway League CBA. V(d) in the AFM CBA with Broadway is clear that if a producer needs to ask for any variance from the minimum number of musicians required in the theatre they are going to play in (19 musicians at the Broadway). The Producer is required to make application for a variance at the time that they contract/announce the theatre they will be playing in. It seems that this likely was not done.

There is a lot of language about criteria for having a smaller orchestra approved - but all of these rules rely on a live orchestra of some size being in the show. Rule XIV allows recorded music (tracks) to be used, as long as the minimum size orchestra has been hired. As a sidelight, using recorded music (tracks) in rehearsals is not allowed either.

It seems the only way that this can be settled, without setting a precedent that AFM would not want, would be to come up with a number of musicians, (less than 19) that the producers would have to hire and pay for the run (walkers)- along with at least a rehearsal pianist, even if not used, for rehearsals. One qualifier could be determining how many musicians play on the tracks, and requiring that number, up to 19, to be hired for the production

We dont have all the facts as yet - but if Mr Luftig and his team did not apply for a variance fairly soon after they announced the production, and still haven't, they have violated the spirit if not the letter of the CBA. if AFM doesn't hold strong on this, the Union Security on the CBA would be in tatters.

Previous: re: HERE LIES LOVE to open with no live musicians - ryhog 04:45 pm EDT 05/25/23
Next: re: HERE LIES LOVE PS - musicians on the 2016 album - NewtonUK 07:03 am EDT 05/26/23

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