This article first appeared in the October 2010 issue of Allegro, the newspaper of the New York City musicians’ union (AFM Local 802) and is reprinted with permission. For more background, see www.Local802afm.org.

As the article “Indie Musicians Come Together” in the last issue of Allegro makes clear, the current administration at Local 802 is making an effort to “become a resource and help give voice” to indie musicians.

In order for this to happen, the union needs to better understand the situation of indie musicians, and avoid some of the misconceptions that have prevented effectively engaging indie musicians in the past.

It might be helpful to begin with a definition: the term “indie” refers to “musicians working on recordings released by independent labels (any label other than major) and/or in the network of clubs and touring circuits which serve as development and promotion for these recordings.”

“Independent artists” are not an aesthetic community, like jazz or polka musicians. We are jazz, polka, rock, classical, country, free improvisation, Latin, marching band, hardcore and every other genre of musicians who sometimes do sessions for indie labels.

Beginning in the late 70’s, an increasing amount of record production began to be financed by “indie” labels not directly owned by “major branch” companies (which continue to control most distribution).

This situation was not our aesthetic decision or lifestyle choice.

It was a form of industrial restructuring with parallels in almost every other industry, part of the pattern of globalization and outsourcing know as “post-fordism.”

As Stanley Aronowitz and Mike Robert’s 2003 study “The Irony of the Indies” has shown, union avoidance was almost certainly the intent and indisputably the result of this restructuring.

And the more it worked (for management), the more it was and will be repeated.

This phenomenon has not affected all musicians equally. String players, for example, have been better able to resist “indie” de-unionization because of a classical music/live performance economy linked more to local philanthropy and public subsidy than to global markets.

However, they too have suffered from the globalization of those parts of their work that are not local – for example, in film score production.

Similarly, Broadway pit and club date musicians have had the advantage of fighting on a local terrain better suited to traditional union organizing.

But though the experience of these groups is very important within the union, they don’t reflect the realities of those who work in the record industry or the network of clubs and touring circuits which serve as its development and promotion.

In this world, musicians who work in indie situations are not marginal, or necessarily struggling: we are the large majority of working musicians.

And we are not necessarily “estranged from the union.” All working recording guitarists I know – and I know many – who do major label work also do indie label work. Some of us, myself included, would welcome a credible union plan to organize indie labels. However, neither I, nor anyone I know is going to pass up work in the absence of a feasible plan to win us benefits without getting us fired.

Last year, as a means to this end, I submitted a proposal to study indie label organizing, which would:

• Research the literature on how the “post-fordist” phenomenon of which it is a part has been dealt with in other industries both in the U.S. and abroad
• Learn about the successes and failures of musicians’ unions both here and in Europe
• Research legal strategies capable of winning in a post- fordist landscape
• Begin developing the database of contacts with other musicians and musicians’ organizations needed to create real leverage in a global industry.

I hope the current administration will reconsider this proposal.

Indie Musicians Come Together

Earlier this year, Local 802 sponsored “Indie Musicians Unite!” a panel discussion on the future of indie music in New York City. It was held at University Settlement, on the Lower East Side.

Panelists included musician/activist Marc Ribot, Local 802 Recording Vice President John O’Connor, musician/playwright Hanifah Walidah, union activist Carrie Gleason, musician/producer Ray Chew and Jeremiah Hosea, founder of the art collective Earthdriver.

At the forum, there was a lively discussion about the state of independent music in New York.

Many of the musicians spoke about mistreatment and exploitation by club owners and the difficulty of making a living as a performing musician.

There was also a debate over the pros and cons of new media outlets and the online tools that musicians use to promote themselves, as well as the loss of revenue and control over product that results from the ease of sharing music over the Internet.

Musicians expressed a common sentiment as to how frustrating it can be to be working in a field where many acts work for little or no pay.

In some cases, bands are even required to pay the club in order to perform there, a scenario commonly referred to as “pay to play.”

To conclude the event, Matt Plummer spoke about the Venuology Web site (http://www.venuology.com), which musicians can use to rate local venues.

Users of the site can share info on a number of aspects of shows they have played, including how they were paid, how they were treated by management, and what equipment was available at the club.

This is a great tool for artists to give each other a heads up on bad working conditions, as well as promoting clubs that do right by the performers.

Independent musicians are a routinely marginalized and exploited group of artists, and it is increasingly hard for them to earn a living as the landscape for recording and touring is constantly changing.

This is an important population for Local 802 to work with because there has been little contact between these musicians and the union over the years, and 802 hopes to be a resource and help give voice to this group of struggling artists.

Moving forward, we are developing a core group of activists from these forum events.

This group will hopefully serve as 802’s link to the vast world of indie music, and helping to identify the issues affecting indie musicians. Additionally, tools like Venuology.com should continue to be developed and used by artists to collaborate and share ideas around the ups and downs of performing in NYC clubs.

To get involved, or if you have any questions, contact Organizing Rep Shane Gasteyer at email hidden; JavaScript is required.

The checklist is great. But take a look at the number of items on it. Putting aside the work of practicing, rehearsing, composing, booking gigs, networking, promotion and performing, there are thirteen, count’em, thirteen potential areas of exploitation.

We are all responsible for our own careers; it is each musician’s job to ensure that he or she is protected. However, let’s not lose sight of the forest for the trees. The music industry is huge, and in it are many individuals, companies and corporations whose business plan fundamentally involves exploiting musicians.

There is no substitute for careful attention to the financial aspects of your career, but at the same time, an exclusively individual outlook (aka DIY?) leads to the same old story of musicians getting the short end of the stick, again and again and again.

That’s why we think a union of musicians is so important. The AFM has a large dedicated staff, working day in and day out on behalf of musicians. Artists need somebody to push back and help shape an industry that by and large has made a ton of money off musicians but not returned a lot of it to us.

Back to personal responsibility… labor unions, including the AFM, are democratically-run, grass-roots organizations. The only way that we can be effective is for our members — working musicians — to be involved. So get involved! If you haven’t joined the AFM, consider joining. If you have, start making your voice heard.

And the next time you see helpful career advice for musicians, think about how much money is riding on us not following through.

We’re pleased that they plugged the AFM, calling us one of the groups “doing great things for musicians.” Indie artists at all stages of their careers are finding that the AFM helps them with a lot of the details that go into making a living in music.

Just to name a few — for recording projects, we offer an extremely easy agreement called the Joint Venture Report that allows band members to divide up album revenues and protect themselves if the album is picked up in a soundtrack or other commercial situation.

One service we’re really excited about is the newly-minted GoPro Tunes, which allows our members to sell their recordings and receive their entire sales revenues, minus credit card processing fees.

Lastly, every artist needs a website, and every artist needs instrument insurance. We offer both, at fantastic values. For instance, you can get a fully functioning website and domain name for as little as $30 a year.

Beginning in New York City, with plans to expand throughout North America, Venuology.com enables bands to anonymously review a venue based on their experience playing there.

If a club cancels at the last minute or doesn’t pay well, groups now have a safe way to warn others of the issue. Similarly, good venues are lauded for their fair treatment of musicians and relationship with the community.

Musicians can also note myriad facts about the venue — is there a sound system? Was the audio engineer good? Is there a drumset at the venue? Is there room for dancing?

Books and websites such as the Indie Venue Bible and SonicBids.com offer musicians lists of venues, club details and help in booking gigs, but Venuology incorporates an often-overlooked component — fairness. Similar to websites Amazon.com and Yelp!, as musicians add reviews, clubs develop a written history that any observer can use to evaluate a venue.

Venuology is free and open to all musicians.

Health care is now a matter of serious debate across the country. FMC has advocated for reform, and we’re still very much committed to arming musicians with information so they can make smart choices.

But we also want to know if anything has changed since our initial report. Which is why we’ve relaunched the survey to learn

• How many musicians are insured?
• Has the number increased or decreased over the last eight years?
• What are the factors that make it difficult for musicians to get insured?
• Do musicians know about the plans offered by some unions and professional organizations?

Taking the Pulse runs from March 1 through April 1, 2010, and assesses the level of health insurance among working musicians. questions about artists’ access to coverage and their understanding of the current health insurance landscape.

Take the survey today!

The AFM Canada/ACTRA RACS showcase is also part of the Canadian Blast series, which highlights the best talent from Canada. Our show begins at 12pm and will be open to SXSW badge-holders.

• What do you consider to be the unique challenges faced by indie artists?
• What non-musical, but career-related tasks do you feel are most difficult to deal with as an independent musician?
• Does a DIY approach have anything in common with a cooperative mentality espoused by artist collectives and labor unions?

One would think, after years of public consciousness and industry awareness, including televised interventions, celebrity overdoses, and countless education efforts, that we would see a decrease in substance-related problems and deaths and that the industry would be better informed and vigilant. However, in the 20 years that MusiCares (The Recording Academy’s charitable foundation) has been serving the industry, we have witnessed firsthand the many aspects of the music industry that both facilitate substance abuse and act as impediments to recovery.

What are those aspects and how can they be overcome? This article discusses challenges faced by musicians considering recovery and reviews the resources and supportive strategies available to them or those who are trying to help them.

Industry Challenges

The industry has long tolerated, if not encouraged, the use of drugs and alcohol as a disinhibiting path to creativity. Drug and alcohol use was seen as de rigueur for creative composers, songwriters, or performers seeking to tap into the creative juices necessary to produce original work. Long before Billie Holiday, and long after Kurt Cobain, the music industry is rife with examples of “tortured artists,” wrestling their own demons in order to create and perform. This idea has given way to a fertile breeding ground for the proliferation of substance abuse among musicians.

There are also other, more realistic concerns, which also act as roadblocks to musicians considering recovery. Many fear that if they drop out of the performing/touring scene to go into treatment, they will be replaced by other talented performers.

This is especially true of side or back-up musicians. In major music markets such as Los Angeles, New York City, and Nashville, where brilliant musicianship abounds, that fear is realistic. In a music environment that is more constricted and competitive than ever, even lead singers fear being out of the spotlight for any length of time.

Artists may also be reluctant to take time out for treatment due to the financial and career repercussions that the hiatus may have on their bands. In addition, musicians may fear losing power and influence in the band, if they step out of their entrenched and often dysfunctional group environment to enter treatment.

Further, the band, the manager, and others who share in the rewards of an artist’s career may be reluctant to directly deal with an artist’s substance abuse problem for fear of stopping the revenue stream that they all benefit from. In the parlance of the recovery field, that is classic “enabling” behavior.

For the alcohol or substance abuser in the music industry, the substances themselves function as mechanisms through which the musician copes with industry-specific challenges. Alcohol and drug use may reinforce an identity as cool, fringe, or outlaw, and a musician may fear that giving up that persona will alienate core fans. Of course, alcohol and other drugs function as a way to socialize-on the road and off-and provide a temporary break from loneliness.

Musicians who play bars and clubs don’t even have to leave work in order to meet friends and/or “hook up.” Recovering musicians note that appreciative audience members regularly buy them drinks and offer them drugs to thank them for a job well done.

Substance use also provides short-term relief from insecurities and alleviates the anxiety of economic and career instability. That is especially true for artists who are aging out of the industry spotlight. And finally, for those who have spent their professional lives performing while using drugs and alcohol, the fear of doing so straight and clean-without the ego-cushioning, anxiety-reducing effects of those substances-can be formidable.

Industry Resources, Treatment Alternatives

With all of those impediments, how is a musician to recover? Just as there are many challenges to staying sober and drugfree in the industry, there are also many resources specifically targeted to help musicians navigate these turbulent waters. Listed below are some of those resources.

Resources from MusiCares

• MAP Fund Addiction Recovery Services- Musicians and others in the industry struggling with substance use issues can obtain referrals to intervention and detox programs and other treatment, as well as information about 12-Step groups and other services. MusiCares may be able to provide eligible clients with a charitable grant to assist with the cost of treatment. MusiCares also provides confidential consultation to the music industry on issues related to substance abuse and alcoholism.

• Support Groups- MusiCares provides confidential and discrete support groups to music professionals facing the challenges of staying clean and sober in the industry. These groups are free of charge and meet weekly in Los Angeles, Nashville, New York City, and Austin, Texas.

• Sober Connection- Being sober and clean on the road can be particularly challenging. MusiCares recognizes that need and maintains a list of sober musicians across the country, willing to be contacted by recovering musicians in need of a sober contact while on tour. Musicians can contact MusiCares to make that connection or to volunteer to be part of this network.

• Safe Harbor Rooms- Major music conferences and awards shows can be stressful, dangerous environments for musicians seeking to remain clean and sober. Thus, MusiCares maintains Safe Harbor Rooms (sober hospitality rooms) at conferences such as SXSW, the GRAMMY Awards, Vans Warped Tour, and similar events. These rooms give musicians a safe place to go to grab a sandwich and a cup of coffee, and share their experiences, strength, and hope with like-minded, sober individuals.

• Managers’ Meetings- Because a musician’s business and artistic contacts are often the first to notice a substance abuse problem, MusiCares presents educational outreach panels on topics related to recovery in the music industry. Invited guests include music managers, entertainment attorneys, label executives, and members of the social service and addiction treatment communities.

For more information on MusiCares addiction recovery services, call toll-free: 800-687-4227. In the South call 877- 626-2748. In the North call 877-303-6962. You can also learn about MusiCares Financial Assistance and Addiction Recovery Programs by visiting www.musicares.com.

Other Resources

Afm Members’ Assistance Programs- Some AFM locals across the country provide emergency financial assistance and other services, or referrals, to AFM members struggling with financial, medical, addiction, or other personal crises. Check with your local to see if those services are available or visit www.afm.org.

The Actors Fund of America- The Actors Fund is a longstanding social service organization that assists eligible entertainment professionals, including musicians, in need. Their Chemical Dependency Services Program helps clients and their families when there is a problem with drug and alcohol abuse or addiction. Consult www.actorsfund.org for more information.

Road Recovery- In addition to providing access to sober road crews for touring musicians, Road Recovery also harnesses music industry resources to help young people battle addiction and other adversities via industry mentorship, education/performance workshops, peer support, and the creation of live-concert events. Visit www.roadrecovery.org for more information.

12-Step Recovery Programs- These groups provide individuals in recovery with support and mentorship via other peers in recovery. Through regular attendance at confidential meetings, individuals learn to accept and live a life free of drugs and alcohol by practicing the 12 steps of the program. For more information, visit Alcoholics Anonymous at www.aa.org; Narcotics Anonymous at www.na.org; and Cocaine Anonymous at www.ca.org.

Whether you are starting a new band or founding your own recording company, your business’s name will be its number one asset, so it makes sense to take care in choosing one. The right name will help distinguish you from a sea of bland competitors, provide customers with a reason to hire you, and aid in branding your business or music. Here are five guidelines to help you decide:

• Make the name meaningful. It may be the first thing someone knows about your music or your business; consider it an important marketing tool.
• It should be easy to pronounce and remember.
• Make sure it’s unique and available.
• Choose a name that you can grow with. Be forward thinking so that it can expand with you.
• Check if you can obtain a suitable Internet domain name for it, too. This can be done through a registration website, such as godaddy.com or register.com.

Once you have selected a name, it is important to get it trademarked. A trademark protects the distinguishing identity of goods and services. A word, name, symbol, phrase, slogan, or a combination of these items, can be trademarked. Unlike patents and copyrights, trademarks affect all businesses because they distinguish the goods and services of one company from those of another. When you use the name of your group or business publicly, you are using a trademark.

Both the federal government, through the US Patent and Trademark Office (USPTO), and each state have the power to grant trademarks. Federal law requires marks to be used in interstate commerce (i.e., doing verifiable business between two or more states), while state registration can be used to protect a regional mark from competitive use. The ® symbol means the USPTO has reviewed and registered the mark. A “TM” symbol, on the other hand, indicates that the word, phrase, or design is being used and claimed as a trademark, but is not yet federally registered.

Before applying for a trademark, you will want to ensure no one else has already registered the name. You can do a trademark search for free on the Internet by visiting the USPTO website (www.uspto.gov). Or you can visit one of the Patent and Trademark Depository Libraries available in every state. Most of these libraries have step-by-step instructions for searching registered and pending marks. One place to search for unregistered trademarks is The Thomas Register of Goods and Services (www.thomasregister.com). To check artist and band names, you can check online directories, like the Ultimate Band List (www.ubl.com) and the All-Music Guide (www.allmusic.com).

Because the name is a valuable asset of your band or business, it’s crucial to protect it relentlessly. You automatically have some protection for a trademark, if you were the first person to use it in commerce, even if you didn’t formally register it with USPTO. However, it is easier to prove an infringement case and collect damages, if the mark has been formally registered. Registering also provides the following benefits:

• Notice to everyone that you have exclusive rights to the mark
• Entitlement to sue in federal court for infringement
• Incontestable rights to use the mark for commerce
• registration symbol ®, as opposed to simply TM
• Basis for filing a trademark application in a foreign country

Trademarks are granted for 20 years and may be renewed indefinitely if a firm continues to protect its brand name. An entrepreneur can lose the exclusive right to a trademark, if the trademark loses its unique character and becomes a generic name. The USPTO will not register: names of living persons without consent; the US flag; some federal and government insignias; the name or likeness of a deceased US president without the widow’s consent; words or symbols that disparage living or deceased persons, institutions, beliefs, or national symbols; or marks that are judged to be immoral, deceptive, or scandalous.

The trademark registration process is fully explained on the USPTO website. You can either register electronically or by mail. The current fee is $375, or $325 if filed electronically. To register, the mark must be used for commerce that crosses state, national, or territorial lines, for example, a record label that sells CDs in other states or a touring band that performs in other states.

To evaluate the registration, the USPTO office answers the following questions: Is the trademark the same as or similar to an existing mark used on similar or related goods and services? Is the trademark on the list of prohibited or reserved names? Is the trademark generic—that is, does the mark describe the product itself rather than its source? Is the trademark too descriptive (not distinctive enough) to qualify for protection? If the office deems that none of these factors are true, the trademark is eligible for registration.

You can expect to receive a “Filing Receipt” within eight weeks. Afterwards, you will receive notice that your band or business name is to be published in a government publication known as The Trademark Gazette. If there is no opposition to your mark, your registration will be issued. The whole process takes from 12 to 18 months. In the mean time, your intent to establish a trademark can be shown by affixing the letters TM next to your company name or logo. Once the registration is complete, you may begin using the ® symbol.

Peter Spellman is Director of the Career Development Center at Berklee College of Music and a popular speaker at conferences around the country. He is author of the new book Indie Business Power: A Step-by-Step Guide for 21st Century Music Entrepreneurs and provides music career coaching to artists around the world. Find him at www.mbsolutions.com.