MWA Fair Recording Guidelines and Pledge

MWA is a worker center for musicians and DJ/Producers who work in the Indie recording/performing world. Our goal is the empowerment of indie musicians.

In the Indie recording scene there are better practices, where artists/bandleaders have attempted to protect music workers’ rights and respect fair standards, and worse practices, which degrade conditions of work and standards of pay for all musicians.

As MWA, we have launched these guidelines and pledge to promote best practices and eliminate the worst in order to protect our livelihoods, restore the value of our labor, and ensure a culture of respect and dignity for all musicians.

*All MWA members who are also members of the AFM, SAG-AFTRA, or IATSE are expected to adhere to conditions and file contracts their unions require of their members.

the GUIDELINES

The first component of the MWA Fair Recording initiative is the guidelines which were established through democratic process by MWA membership in consultation with musicians across the indie recording scene.

the MWA Fair Recording Guidelines can be met by fulfilling at least one of three conditions:

  1. the MWA Fair Recording Minimum Rates Guidelines, guaranteeing a minimum pay rate of $85/hr with a minimum 3-hour call. (as of January 1, 2024). [see Appendix A]

  2. the MWA Fair Recording Equity Guidelines, guaranteeing all musicians performing on a track†* an equal share in the profits generated by that recorded track — including all future profits derived from licensing that recording to a film, or any other medium, etc. [see Appendix B]

  3. Covered by the appropriate AFM contract. [see Appendix C]†

The options referred to above and appended below are subject to periodic amendment

the PLEDGE

The second component of the MWA Fair Recording initiative is the pledge - we as a community commit to upholding these conditions for the betterment of all independent working musicians.

We pledge that:

As artists/bandleaders (defined as the person who functions as employer on the recording session) we will not produce any recordings unless all participating musicians are covered by one of options 1, 2, or 3, above.

As side-musicians or band members we will demand that all our recorded work be covered by one of options 1, 2, or 3, above. We will immediately notify MWA if any bandleader or artist refuses to provide one of options 1, 2, or 3, above. We will work* with MWA and the musicians on the session to try to secure one of these options.

†MWA acknowledges that the AFM recording contracts contain the most complete protections against “back end” exploitation: i.e. the unauthorized and unpaid re-use of recorded track in a film, video, commercial, theater or dance piece.

*“Working with MWA” means taking whatever reasonable steps that can be mutually agreed upon between MWA and the musicians on the session, in order to win the Fair Recording Guideline terms above, without exposing band members to unreasonable risk of losing the session. Such steps may include getting all the band members on the session together to discuss the possibilities for getting an employer to sign. MWA pledges to safeguard the identity of any music worker who contacts MWA to report the refusal of an employer to provide work under the Fair Recording Guidelines. MWA will take no action against a band leader, recording artist, producer, or record label that refuses to adhere to one of the fair recording options without the consent of a majority of the musicians on the relevant session.

†*For the purposes of this pledge, a track is defined as a unique recorded work intended for release.

View the Appendices HERE

And check out the FAQs below ⬇️

FAQs

  • You are free (and encouraged) to combine the Equity Guidelines with a monetary payment. This pledge merely states that bandleaders/artists will hire musicians on either the minimum rates contract or the equity contract. If you use the equity contract, payments may still be made. Likewise, if a minimum rates contract is used, shares of equity may still be offered in addition.

  • Fair minimum rates are minimums, not maximums! Nothing in the pledge prevents anyone from asking more than the minimum rates. Nothing in the Equity Guidelines prevents anyone from personally demanding their own monetary payment. Nothing in the Minimum Rates Guidelines prevents anyone from personally demanding Equity.

  • Then don’t — it’s your call! This pledge does NOT determine what YOU think is a gig worth doing. If you don’t want to work for equity, or you want to set your own rate higher than any of the minimums above, that is your right.

  • The Equity Guidelines ensures that 1) bandleaders/artists with limited resources, or low to $0 budgets, may, if they can find willing musicians, have the ability to produce music 2) when profit is generated on a recording, the musicians who contributed to it see a piece of that profit.

    Many thousands of musicians record without pay or contracts, assuming that they’ll be paid if the recording is a hit, because someone said “you’re in the band” only to learn that such vague promises are meaningless when, often after years of unpaid labor, they are fired with no equity.

    The equity on many recordings isn’t worth much. But small equity percentages add up over time. And no one knows in advance which recording will be the next pop hit or major film score licensor.

    Many thousands of musicians record without pay or contracts, assuming that they’ll be paid if the recording is a hit, because someone said “you’re in the band” only to learn that such vague promises are meaningless when, often after years of unpaid labor, they are fired with no equity.

    The equity on many recordings isn’t worth much. But small equity percentages add up over time. And no one knows in advance which recording will be the next pop hit or major film score licensor.

  • Take it!!! These are minimums, not maximums!

  • A working group of MWA members developed the scale through a series of in-person meetings. After much debate, it was decided that the scale should be pegged to the “low budget” AFM contract hourly rate. That is why it is $85/hour.

  • The equity option works well for these situations. It’s very compatible with projects featuring committed collaborators who are giving large amounts of their time. This ensures that if profit ultimately is made, the people who contributed get a piece. Or course, you can also pay people something up front as you are able.

  • Under the equity guidelines future ​profit​ is shared amongst the musicians, that means expenses get reimbursed before profit is shared. Things like studio time, mixing and mastering, design, all count as expenses. You can find a list of these in Appendix B.​

  • Yes, it is really hard to make a record in today's music economy. But one thing we can do is come together and support each other by guaranteeing fair treatment in our own communities. This pledge encourages bandleaders to treat their musicians fairly and with dignity, and when you're no longer a bandleader but getting hired, you should be treated fairly and with dignity as well. This is a necessary step in demanding fairer treatment from labels and streaming companies.​

  • Yes, that’s true, and to change the situation we need to organize to exert collective economic pressure in the recording industry. Indie music labor is fragmented, our recordings have little leverage despite making up the vast majority of music online. If we want the ability to pull our recordings from a streaming company en masse to get better royalties, first we need to organize the labor on those recordings under one roof. MWA has created this pledge as a step towards building a collective with the power to represent our interests in today’s music market.