BPI AND MUSICIANS' UNION UNVEIL NEW AGREEMENT

31 May 2011

31 May 2011 - BPI and the Musicians' Union have entered into a new agreement for commissioning and paying UK session musicians.

The New BPI & MU Agreement - which applies to all sessions taking place from Wednesday 1st June 2011 - offers enhanced remuneration for session musicians and greater flexibility to record labels making recordings using MU musicians.

Musicians and commissioning record labels will now sign a simple one-page 'Session Agreement' for studio recordings, or a 'Live Recording Agreement' for concert recordings, to accept the terms of the New BPI & MU Agreement. Musicians then receive a session fee, any additional fees (eg for playing more than one instrument) and a potential subsequent payment administered centrally by the MU.

John Smith, MU General Secretary said: "We recognise the difficulties that the record industry has faced in recent years. This agreement represents a new way of working, and we hope that it will lead to increased employment in this valuable sector as well as helping to showcase British musicians as amongst the best in the world."

Geoff Taylor, BPI Chief Executive, added: "The working partnership between musicians and record labels is at the very heart of the recorded music business. The New Agreement delivers greater payments to UK musicians in return for more flexible rights for UK labels, which will make it easier to commercialise recordings in the digital environment. This will help make the UK recorded music industry more competitive and more successful, and secure more work in the UK for our musicians." Mechanics of the New Agreement

The New Agreement consolidates three old agreements and provides a single, flexible agreement for all sessions. It unifies in a clear, structured document the four different ways that musicians can be commissioned - Audio Sessions, Audiovisual Sessions, Visual Sessions and Live Sessions - and brings together classical and non-classical recording sessions.

Session fees have all increased, with the standard audio session fee for a non-classical recording now being £120 - equivalent to £40 per hour. For added flexibility, long sessions and short sessions have been included. The effective rates for overdubbing, doubling and trebling, unsocial hours, overtime and porterage have also been increased. Musicians will receive a session fee, relevant additional fees, and a potential subsequent payment for each recording they perform on. The New Agreement provides labels with a broader package of musicians' consents up front, enabling them to budget with more certainty in the currently challenging market environment. Labels also have the flexibility to make an audio-visual recording of a studio session and use that recording promotionally for no additional fee.

The New Agreement introduces a £45 fee payable (in addition to any separately negotiated performance fee) where musicians perform in a live concert, or series of live concerts and non-commercial use is made of their recorded performances. Musicians also retain the right to negotiate a further fee if commercial use is made of those live recordings. In addition, where recordings from audio sessions, audiovisual sessions or live sessions are used in commercial live performances, the MU retains the right to negotiate a fee on behalf of musicians. The New Agreement removes the previous necessity to front-load payments for the old so-called "backing track" and "music video" rights.