Chappell Roan’s Grammy Speech Highlights the Need for Better Labor Rights in the Music Industry
When Chappell Roan accepted her award for Best New Artist at this year’s 67th Annual Grammy Awards, she used her time not to thank the Recording Academy but to demand that record labels offer their artists, especially those developing, healthcare and a livable minimum wage.[1] Though Roan’s advocacy garnered widespread support from musicians, it faced criticism in a column by Jeff Rabhan.[2] Rabhan, former Chair of the Clive Davis Institute of Recorded Music at Tisch School of the Arts, New York University, argued that record labels are businesses and not “landlords, bosses, and insurance providers” and that Roan should use her own funds to invest in the change she advocates for.[3] However, he acknowledged that artists deserve better healthcare options and notes that it seems like a “union thing.”[4] Rabhan’s critique of Roan may have been misplaced, but he and Roan both highlight an important issue: the lack of much needed labor unionization amongst musicians.
There are two leading labor unions for musicians: the American Federation of Musicians (AFM) and SAG-AFTRA. While these organizations exist, most musicians are unaware of them, let alone join them.[5] Artists signed to a major record label, such as Roan, are automatically eligible for SAG-AFTRA membership.[6]. Even if major label artists choose not to join SAG-AFTRA, such labels still contribute to SAG-AFTRA’s healthcare and retirement fund.[7] Still, major label artists make up only 1% of the music industry, meaning independent artists, producers, songwriters, and engineers do not have the same accessibility to labor organization. [8]
The AFM was once a dominant labor union for musicians with almost a 100% unionized workforce.[9] However, the AFM’s initial decline stemmed from its racist and xenophobic policies in the mid-20th century which effectively encouraged wage disparities and limited opportunities, ultimately weakening the union as a whole.[10] Additionally, its resistance to rock and roll (because of the genre’s introduction of non-traditional musicians) prevented the organization of a considerable number of musicians.[11] While the AFM bears a considerable share of the blame for the lack of unionization in the music industry, American policy has also significantly hindered progress.[12]
Under the National Labor Relations Act (NLRA), employees have the right to form or join labor unions and to collectively bargain through such unions with chosen representatives.[13] Most notably, these protections are afforded only to “employees” and are not extended to “independent contractors.”[14] This exemption for independent contractors was introduced in the Taft-Hartley Act, a major restriction on labor unionization.[15] In 1984, the National Labor and Relations Board (NLRB) held that composers and lyricists are independent contractors and not employees in declining to approve The Society of Composers & Lyricists as a labor union leaving a significant group of musicians unable to unionize.[16] Even when musician are classified as employees, the NLRB has ruled that band leaders, and not the venues they play for are the employers.[17]
Anti-trust law presents an additional roadblock for songwriters and composers wanting to organize.[18] The Federal Trade Commission Act prohibits anti-competitive behavior, barring songwriters and composers from acting together in ways that would affect commerce, such as collectively withdrawing music from streaming platforms to protest low payouts.[19] Although many songwriters own their copyrights, they cannot organize against platform such as Spotify because they have no working relationship with the company.[20] Moreover, performing rights organizations, which collect and distribute performance royalties for songwriters and music publishers, are barred from bargaining on behalf of their writers and music publishers due to federal consent decrees.[21] Songwriters and composers are, effectively, left with no way of unionizing and little bargaining power as single musicians.
The Taft-Hartley Act also enables major labels to avoid working with union-represented artists. [22] The AFM negotiates the Sound Recording Labor Agreement (SRLA) with major record labels to guarantee fair pay and working conditions for artists signed to or working for those labels.[23] These agreements are binding on the major labels and their subsidiaries.[24] The Taft-Hartley Act only permits bargaining relationships between employees and their immediate employer.[25] When work is outsourced to labels not bound by the SRLA, major labels exploit a loophole that frees both them and the outsourced label from SRLA obligations.[26] The outsourced label becomes the immediate employer, allowing major labels to distance themselves just enough to evade SRLA standards, leaving musicians creating records for the labels without any protections or bargaining power.[27]
Beyond the AFM’s failures and the impact of anti-labor policy, the music industry today is highly complex, with a significantly lower barrier to entry.[28] The line between employer versus employee has blurred dramatically since rock and roll disrupted the established roles and hierarchies amongst songwriters, producers, and artists.[29] Advances in technology have further shifted traditional roles, enabling many musicians to pursue careers without relying on major labels, thereby distancing themselves even further from union affiliations.[30] With AI posing a new threat to the music industry and musicians still receiving inadequate royalty payouts from streaming providers, strengthening and increasing union organization is more crucial than ever.[31] New labor unions in the music industry have emerged to encourage musicians to join in the fight, such as the Music Workers Alliance and United Musicians and Allied Workers (UMAW).[32] One bright spot is The Protect Working Musicians Act, which would grant musicians classified as independent contractors the ability to collectively bargain with streaming platforms and AI developers under an exception to anti-trust law.[33] Unfortunately, since the bill’s introduction in 2021, it has not progressed.[34]To achieve the changes Roan advocates, proponents of increased labor unionization in the music industry argue that unions must better connect with working-class musicians to recruit new members while also pushing for reforms in copyright, antitrust, and labor laws.[35] Continuing to highlight the power of labor organization, especially on the Grammy stage, can only benefit musicians, fostering greater awareness, solidarity, and advocacy for better working conditions and fair compensation.
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