D E P A R T M E N T O F B U S I N E S S A F F A I R S

Making Arrangements with Orchestrators

does, the creative work of harmonic, melodic, only at breakeven or less. Yet what the hosted a gathering of composers, rhythmic, and contrapuntal nature, belongs to composer gets is a score, not free and agents and lawyers to discuss the the province of creative work..." and so, un clear, but one loaded with encumbranc issue of orcheslrator/ arranger like the creation of an orchestration, the es. Because, even though the orchestra- JN |UNE,deals and the their Dramatists increasing impact Guild AFM agreement doesn't cover the cre tor signs a "work-for-hire" agreement on authors and their ability to license ative activity of authoring arrangements. with the producer, it is signed only when their work. The minimum terms provided for or the author signs a side letter with the or- It seems that, once upon a lime, pro chestrations, beyond the fee based on cheslralor/arranger that not only offered ducers paid orchestrators a fee for adapt lines per page, include "New Use" fees multiples of the minimum rales, but also ing the composer's score into an orches when the orchestrations are used in a allows the orchestrator to reject the tral ion, which work was done for the pro new media other than live theatrical stock/amateur discounted buyout, and ducer on a work-for-hire basis. Authors performance (cast album, TV, etc.), and not only requires "New Use" fees but in then reimbursed 50% of the producer's a "Rental Publication" buyout, which is vents a series of "RE-USE fees", as well, cost for the scores to own them. a fee for stock/amateur licensing, paid which don't even exist in the AFM con The musician's union, AIM Local at 80% of the applicable minimum scale tract. These re-use fe.es may be payable 802, has some terms in its collectively (This buyout can be reduced to 25% of for any subsequent first class produc bargained basic agreement that governs scale if the producer elects to pre-pay it tions around the world, despite the dif this situation. First, lets look at their def within 90 days of the show's opening.). ficulty in determining what a "first class" initions. "Orchestrating", says their con What followed, of course, was inevitable. production is in foreign territories. The tract, "is defined as the art of scoring the vari Over lime, arrangers made their own re-use fee may be payable for Broadway ous voices of an already written composition wide-ranging deals; orchestrators were revivals, despite that the orchestrator has complete in form. A composition is considered also often required to create arrange already been paid for that specific use. complete in form when it fully represents the ments within their orchestrations, as And sometimes these re-use fees are left melodic, harmonic and rhythmic structures." these things are rarely as clear cut as con "to be negotiated in good faith" at the The terms of the AFM agreement are tractual definitions would imply. Then, time of such a production, leaving the au based "solely upon the labor of orchestration" the lop orchestrators and arrangers even thor's ability to license the show and the and so don't apply to "arrangements". tually asked for, and got, terms far in ex score s/he's already paid for subject to The agreement distinguishes "orchestra- cess of the AFM minimums. the potential of eleventh hour demands. lions" from "arrangement", as follows: So now a composer is still expected Now, I don't begrudge folks from making the best deal they can. And some of these "Although the terms 'Arrange Arranger and to reimburse the same 50% of the costs Arrangement' have long been used loosely to of the orchestrations, despite that the orchestrators are also composers in their describe any and all forms of orchestration, orchestrator may have earned far more own right, and DG members, loo. And for purposes of clarification it is hereby estab than the composer actually earned from if their employers (the producers) are lished that the art of Arranging, including, as it a show that may have run for a while, but willing to bear the expense, then more

70 I The Dramatist