AKP 3895 MINUTES of the SECOND ORDINARY Mr. V. der Vaart CONGRESS OF FIM 22nd 28th April, 1953 Hans Böckler- Haus, Stromstrasse 8 Düsseldorf AKP 3895 DG Archiv Fond Participants in the Congress ( 2) Executive Committee of FIM: President Vice- Presidents Members - H. Ratcliffe( Great Britain) - S. Wassmouth( Sweden) - General Secretary - M. Mantovani( Italy) J. Lahaye( Germany) R. Gammleng( Norway) Dr. W. Russ- Bovelino( Austria) Prof. F. Sirowy( Austria) F. Tucker( Great Britain) - R. Leuzinger( Switzerland) Delegates: The Observers: Denmark J. Andreasen, W. Pries Germany K. Baumann, A. Bernbacher, F. Mayer Finland S. Wassmouth France R. Becq Great Britain A. Burkinshaw, G. Fovargue, H. Ratcliffe( E.C.) F. Tucker( E.C.) Holland K. van der Vaart Italy M. Mantovani( E.C.) Norway R. Gammleng( E.C.) Austria H. Grohmann, Dr. W. Russ- Bovelino( E.C.) Prof. F. Sirowy( E.C.) Sweden N. Hedlund, G. Montelius, S. Wassmouth( E.C.) Switzerland S. Belin, Dr. V. 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Sedalia 48.1.10 ale to noth fans to taul fdmed 8.H melIEW - 4- AGENDA ( 1) Opening of Congress and Greetings ( 2) ( 3) ( 4) ( 5) ( 6) ( 7) Approval of the Congress Programme ( a) Programme of Business) ( b) Agenda ( c) Standing Orders Election of the Congress Presidents Further Elections for the Congress ( a) Standing Orders Committee ( b) Elections Committee ( c) Finance Committee ( d) Tellers 60) Approval of the Minutes of the 1st Ordinary Congress in Vienna Brief Reports of the national Delegations Alterations to Rules ( a) Motions presented by the General Secretariat ( b) Motions presented by Svenska Musiker Förbundet ( 8) The Rome Draft Convention ( 9) ( a) Discussion and decision ( b) Approval of paras 21-24, 38, 39, 47-58 of the Report Agreement FIM/ IFPI ( a) Discussion and decision ( b) Approval of paras 29, 30, 59-62 of the Report ( 10) Television ( a) Discussion and decision ( b) Approval of paras 76 and 77 of the Report ( 11) Consideration of motions presented prior to the Congress, concerning ( A) Mutual cession of Performers' Rights( motion presented by the Swiss Musicians' Union) ( a) Discussion and decision ( b) Approval of paras 40-46 of the Report ( B) Taxation of musicians and artistes( motion presented by the Swedish Musicians' Union) ( C) The International Rate for commercial gramophone recording ( motion presented by the Swiss Musicians' Union) ( a) Discussion and decision ( b) Approval of para 67 of the Report ( 12) Finance ( a) General Secretary's Report on the financial situation of FIM and approval of the financial report ( b) Consideration of the motion concerning the travelling expenses for E.C. meetings( motion presented by the Swedish Musicians' Union) - 5- ( 13) Budget debate and decision upon the membership fees ( a) Consideration of emergency motion concerning an alteration of the basis for calculation of the membership fees( motion by the Union of Professional Workers, Musicians' Section, Austria ( b) Discussion and decision ( c) Consideration of the motion concerning assignment to the FIM Secretariat of 5% of the income of affiliated unions from the intended FIM/ IFPI Agreement( motion by the Swiss Musicians' Union) ( 14) Consideration of the motion concerning commercial gramophone recording by foreign orchestras( motion by the Swiss Musicians' Union) ( a) Discussion and decision ( b) Approval of para 66 of the Report ( 15) Possibilities of an Agreement FIM/ E BU concerning the use of records in broadcasting ( a) Discussion and decision ( b) Approval of paras 31-33, 63, 68-71 of the Report ( 16) Discussion and decision upon the paras of the Report not yet dealt with about the first ordinary business period( Automn, 1949 to Spring, 1953) paras 1. 6 paras 34-37 7- 12 64-65 1317 18-20 72-75 78- 81 25 28 - 82 - 88 ( e) ( 17) Election for the next business period of FIM ( a) Election of the President (+) ( 01). ( b) Election of the two Vice- Presidents ( 18) Allocation of the remaining seats on the Committee, and appointment of the seat of the General Secretariat for the next business period. ( 19) Miscellaneous ( A) Further procedure with regard to the Rome Draft Convention ( B) The situation in the German Musicians' Union ( C) The relations of FIM with the American Federation of Musicians ( D) The duty of affiliated unions to report fully to the Secretariat. ( d) 1 s t -6day: 22nd April 1953 ( 10.00-12.10 and 15.00-17.55) 1) Opening of the Congress and Greetings Levorg( S The Congress was declared open in the" Kleiner Kongress- Saal des Ehren- s) hofes" in Düsseldorf. The General Secretary of the German Musicians' Union, Joseph Lahaye, welcomed the guests and the members of the Congress. noa( d) In his opening speech, Hardie Ratcliffe pointed out the serious problems that face the professional musicians, due to technological development of music. The representative of the Country Labour Office, also representing the ( 5) Federal Institution for Labour- Exchange and Unemployment Insurance was present, as well as representatives of the town of Düsseldorf, of the Ministry of Public Instruction of Nordrhein- Westfalen, of the international organization of artists and of the Union of art, of the International Federation of Actors and of the Association of German workers on stages, each expressing the good wishes of their authorities and associations. The final speech was made by Georg Reuter, the deputy chairman of the Executive Committee of the German Trade Union who mentioned that there is an inward connection between art, especially music, and the working man. He then said that the performing artist specially the performing musician in the German Musicians' Union- has carried on a decade- old tradition in Union organization. This very unity, and the strength gained hereby, of the tradeunion organizations brought forth social and economic progress and success. より - Following the opening and welcome addresses, the chamber orchestra of the Folkwangschule of Essen- that had already pleased the audience, at the beginning, with the Brandenburg Concerto Nr. 3- performed the concerto grosso in F- major by Georg Friedrich Händel. The first session was held the same afternoon, in the Hans- Böckler- Haus, where all the following meetings took place. Hardie Ratcliffe, in addressing the Congress at its first meeting, stated that this Congress could start working since the quorum provided by the Rules was present. He suggested not to waste time in going too much into formalities. This request was agreed upon and after a brief discussion the Congress decided upon a motion by Mr. Burkinshaw - ( 223)" That Messrs. Dr. Grünberg, Lamble, Chesnais, Pasquier and Bentzon, as well as officials of the German Musicians' Union interested in the Congress, are invited to take part as observers in the discussions of the 2nd ordinary FIM- Congress. Permission for the attendance of other observers shall be put to the vote individually." ( s The Congress then decided unanimously ( 224)" That owing to a letter of attorney from the Finnish M.U., Mr. Sven Wassmouth is recognized also as the Finnish Delegate to this Congress." - 7- 2) Approval of the Congress Programme ( a) Working Programme Upon a motion by Mr. Burkinshaw, the Congress decides unanimously ( 225)" That the working programme for the 2nd ordinary Congress presented to the Congress by the Executive Committee of FIM is accepted." ( b) Agenda Upon a motion by Mr. Hauser, the Congress decides unanimously ( 226)" That the Agenda for the 2nd ordinary Congress, submitted to the Congress by the E.C. of FIM is accepted." ( c) Standing Orders Upon a motion by Mr. van der Vaart, the Congress decides unanimously ( 227)" That the Standing Orders prepared for the Congress in Vienna, which have undergone a small alteration by the E.C. of FIM, shall come into force at this Congress also." 3) Election for the Chair of the Congress end to bas boog, 60 asw do to ss 臺 mmo〇 Upon a motion by Mr. Baumann, the Congress decides unanimously Jadi bise ( 228)" That the Chair for the 2nd ordinary Congress of FIM in Düsseldorf shall in accordance with nominations by the E.C. - Hardie Ratcliffe( Great Britain) Joseph Lahaye( Germany) Sven Wassmouth( Sweden) Mario Mantovani( Italy)" - - be occupied by President Vice- Presidents 4) Further Elections for the Congress The Congress decides unanimously ( 229)" That the following delegates- suggested by the E.C. of FIM- are nominated for the different committees: a) Standing Orders Committee - Dr. V. Hauser( Switzerland) Van der Vaart( Holland) πολυ F. Mayer( Germany) ( ESS) b) Elections Committee Dr. W. Russ( Austria) c) Finance Committee - add mol d) Tellers M. Mantovani( Italy) F. Tucker( Great Britain) K. Baumann( Germany) S. Belin( Switzerland) Prof, F. Sirowy( Austria) N. Hedlund( Sweden) J. Andreasen( Denmark) G. Fowargue( Great Britain) - 8- 5) Approval of the Minutes of the 1st ordinary Congress in Vienna Upon a motion by Dr. Hauser, the Congress decides unanimously: ( 230)" That the minutes of the 1st Ordinary Congress held in Vienna from 6th to 11th October, 1949, are acknowledged with thanks and approved." 6) Short reports of Delegates The respective reports were made in the course of the following sessions. The most important items of the various reports are given in an extra document enclosed to the present Minutes. Is at turd anola 152 nd day: 23rd April, 1953 ( 09.15-13.30 and 15.15-18.10) 7) Alterations of Rules a) Motions by the General Secretary. Leuzinger states that the Executive Committee proposed several amendments to the suggested alterations of Rules submitted by the General Secretariat. Dr. Hauser, on behalf of the Standing Orders Committee, refers to the individual items as follows: II. Aims and Tasks/ Section 3 new paragraph. The Standing Orders Committee feel that this paragraph has nothing to do with the definition. of the paragraph" Aims and Tasks". Therefore, they propose a corresponding amendment, that is to be included in Article V/ 7. III. Membership/ Sections 1, 4 and 5. Upon a motion by Van der Vaart, the Congress decides unanimously. ( 231)" That the sections 1, 4 and 5 of the Article III( Membership) of the Rules of FIM shall read as follows: Section 1- All national unions that represent the interests of muzeb# 2V 40.asicians and accept the Rules and other Regulations of Ilade( MI FIM, may acquire membership of the Federation, provided that they comprise at least 300 members. Musicians' unions with less than 300 members may be admitted in exceptional cases only, and then only by decision of the Executive Committee. the admission shall be effected by the Secretariat. An objection is the admission of a new musicians' union may o000o be raised by any organization affiliated to FIM. This shall be made known to the Secretariat by registered letter within four weeks after publication of the applicSection 4 Should no objection be raised within twelve weeks, bold lane od 1ation for admission. -9Section 5- If an objection is advanced, the Executive Committee shall decide in regard to the acceptance. The Union concerned may appeal to the next Congress against rejection. The fact that an objection has been made, and the possibility to appeal shall be communicated by the Secretariat to the rejected union by registered letter." V. Rights and Duties of Members/ Section 1. Upon a motion by Grohmann, the Congress decides unanimously ( 232)" That Article V/ 1 shall read as follows: Section 1- The affiliated unions shall have autonomy in respect to their internal organization, administration and finance. The unions shall have reserved to them full freedom of action in respect to their wages policy but in all matters of interest or importance for musicians as a whole( e.g. the recording and the further use commercially of musicians' performances, and protection of the rights of performers) common principles for the member unions shall be laid down and adhered to." V. Rights and Duties of Members/ Section 7. Upon a motion by Baumann, the Congress decides unanimously ( 233)" That Article V/ 7 shall read as follows: Section 7- The affiliated unions shall accept the obligation to transfer to the Federation's Funds the entrance fees, membership contributions, and such further dues as may be laid down by the Congress; the membership contributions at the beginning of the business year. The General Secretary may, on a well founded request, grant modified facilities for payment. The entrance fees for new affiliating members shall be transferred to the Federation's Fund immediately after notification of admission. The surmounting of possible transfer difficulties shall in all cases be a matter for the individual unions." ( This decision was taken only on the 5th day of session). VI. Rules of FIM/ Section 3. The Standing Orders Committee recommend. s to the Congress that section 3 be completed by a sentence concerning the Executive Committee's right of voting at the Congress. On Van der Vaart's motion to accept this new formulation, the Congress decides unanimously ( 234)" That sections 3, 5 and 6 of Article VI( Constitution of FIM) shall read as follows: Section 3- The Congress shall be composed of delegates from the affiliated unions. At the Congress, unions of up to 1.000 members shall have the right to one delegate. Unions with 1.001 to 5.000 members may send two, and those with 5.001 to 15.000 members may send three delegates. For each further complete 10.000 members, one. further delegate shall be entitled to vote. The Executive Committee and the General Secretary of FIM shall participate in the Congress ex officio; 3B they shall be entitled to vote at the Congress if they at the same time possess -no ed Ifade ve 2002 101-10a'noftere od 10 immo ovisua edd Idre aidd 12 mandates as delegates. At the Congress, each delegate shall have no more than one vote." VI. Rules of FIM/ Section 7 is referred to the Finance Committee who submit to the Congress a new version of the motion by the General Secretariat that is supported by the Executive Committee. This motion. proposed by Baumann, is carried unanimously ( 235)" That Section 7 of Article VI reads as follows: Section 7- An ordinary Congress shall be held every three years. The Executive Committee may convoke extraordinary Congresses. It shall do so if 1/ 3rd( one third) of the affiliated unions so request. The place and time shall be determined by the Secretariat after consultation with the Executive Committee. Arrangements for the meet-ing shall be made by the union in whose country the Congress is to occur. The purely travelling expenses ( 2nd class rail and corresponding class aboard ship) for the delegates shall be paid from the Federation's Funds. All remaining delegation expenses shall be borne by the member unions themselves." ( This decision was taken on the 5th day of session only). Upon motions by Messrs. Hauser and Burkinshaw, the remaining sections of an Article VI( Rules of FIM) to be discussed are agreed upon unanimously ( 236)" Article VI- new wordings: Section 5- The Congress shall appoint its administrative and execdelid to be 30 utive bodies and determine its own standing orders. 1111o Section 6- The Congress shall be competent to make decisions when 60% of all votes are represented. For establishment of Teddedwo the number of votes the fully paid membership contributions for the business year ended at the last annual [ Isda enoitesine balance prior to the Congress shall be decisive. Upon a -000 st of baemmos motion, a secret vote may be decided upon. All decisions MIT TO 68y may be made by a simple majority; B equality of voting 4000105 shall rank as rejection. For alterations of Rules 2/ 3rds ( two thirds) of the votes cast shall be requisite, 935 azebro alba Section 13d The meetings of the Executive Committee shall be conducted by the President or by a Vice- President. Todd Section 16- The Executive Committee shall annually commission an Essie auditor to audit the FIM accounts and funds. Meetings of the Executive Committee shall be held as required, but at least once a year. Section 18- The expenses of Executive Committee meetings and the I delegation expenses of Executive Committee members, the General Secretary, and others who may act on instructions of FIM shall be borne by FIM funds. Section 19- The Secretariat shall attend to the administration of Section 21 - - 11- the Federation. The General Secretary shall be responsible to the Executive Committee for the Federation's funds. Agreements and other important documents must be signed by the General Secretary and the President, or, if this is not possible, by the General Secretary and a VicePresident. In financial matters, the General Secretary may sign alone. Section 23- The General Secretary shall inform the member unions currently of strikes and embargos that may arise in the Federation's province. He shall endeavour to strengthen the influence of the Federation and to extend as far as possible its sphere of activity." On Grohmann's proposal, the general amendment for drawing up the Rules is approved unanimously as follows: ( 237)" That the various sections shall be numbered throughout the different paragraphs. The expression" the managing Secretary" shall be replaced by' the General Secretary". b) Motions by the Svenska Musiker Förbundet( SMF) II. Aims and tasks/ Section 2n- The motion by SMF wishes this paragraph to be revised as follows:" Close co- operation with the International Labour Office( ILO), the International Confederation of Free Trade Unions ( ICFTU), the UNESCO and possibly with other Bodies of the United Nations." This was opposed by the opinion of the Executive Committee that no mention should be made of the World Federation of Trade Unions( WFTU) and of the ICFTU. These diverging opinions bring about a long and rather brisk discussion in which Messrs. Baumann, Lahaye and Wassmouth support a very close co- operation between FIM and the ICFTU, whilst Messrs. Ratcliffe, Belin, Beck and Fovargue draw the attention upon the fact that both organizations have been identified with a political attitude- whether justified or not- and point out that such organizations as co- operate with the one or the other of the above mentioned organizations shall compulsorily be regarded under this aspect. They recommend to the Congress to agree upon the motion moved by the Executive Committee of FIM, in order to avoid any political discussions. In support of Mr. Belin's proposal, submitted to the Standing Orders Committee, Mr. Fovargue moves the following motion, that is agreed by the Congress: ( 238)" II/ 2n- revised: Close collaboration with the International Labour Office and UNESCO, and the maintenance of continuous relations with all international organizations which could be of service to FIM." II Section 3- Wassmouth states that the motion moved by the Swedish delegates is withdrawn, since it has become superfluous after the amendments of the Rules agreed upon. IV. Termination of Membership/ Section 4. Fovargue formally proposes the following motion that is unanimously approved by the Congress: - 12- sinate bid Lind ( 239)" That Article IV/ 4 shall read as follows, after the motion by the Svenska Musiker Förbundet has been amended by the Executive Committee and approved by it:... The excluded union may appeal to the next Congress against such a decision. Pending the final decision of the Congress, the appealing union shall have no duties or rights of any kind with the exception of the right of appeal." boliad VI. Rules of FIM/ Section 7- After referring this motion to the Finance an Committee for consideration, it was withdrawn by the Swedish delegates, ved together with the motion on item 12( see discussion on item 12). Section 9. Motion 1: Grohmann thinks it desirable that the Executive Committee should be given the opportunity to extend if need be. To his mind, a large union would be more willing to join FIM if they were offered a seat in the Executive Committee. Dr. Hauser, in accordance with the Standing Orders Committee, is against this motion, on the grounds that an enlarged body would entail additional expenditure and a less rational working rythm. The Congress should not consider feelings but facts. Section 9. Motion 2: Wassmouth provides reasons for the motion. A discussion arises in respect to the term" special circumstances" in which a member appointed to the Executive Committee may be recalled. The German delegation does not want to leave the decision to the Executive Committee. Belin, therefore, moves another amendment, that is carried unanimously by the Congress: ( 240)" That Article VI/ 9 shall read as follows: ... The election of the President and the two Vice- Presidents and the allocation of seats on the Executive Committee shall be for three years or until the next ordinary Congress. The seats on the Executive - Committee shall also remain occupied for three years or until the 216dmam next ordinary Congress by the Committee members elected by the at appropriate unions. A possible change of person( Committee member) may be made only in special circumstances compelling for the unions. Should Should... 11 Yo 1810 omof ed Section 13. Wassmouth withdraws this motion as it is already included in the alterations of Rules, submitted by the General Secretariat and approved by the Congress. 8) The Rome Draft Convention a) Discussion and decision Leuzinger reports that the affiliated unions have been kept informed about any events concerning the Rome Draft Convention. The draft has been sent, toghether with an explanatory report by the Berne Union, and other additional documents, to the Governments of the various countries, for their consideration. It is one of the main tasks of the present Congress to attempt to find general directives that should guide the single affiliates when they draw up their comments on the Rome Draft Convention. As a result, the Executive Committee and a specially appointed Sub- Committee have studied in de - 13tail the single articles of the Rome Draft Convention and the corresponding resolutions taken by the ILO on this matter. Respective motions are now submitted to the Congress. - Of course we do not know to what extent these motions can be amended, on account of the fact that our partners state- and that is so that the draft now under discussion had been adopted in Rome by the representatives of FIM. - It has been pointed out rightly that the Rome Draft Convention provides very little protection for performers. It must, however, be kept in mind that the IFPI and the EBU have been active for a much longer period, in order to set up legal rights; moreover, their undertakings were favoured, from the very outset, by the strong financial support of these organizations. As a result, our delegates in Rome and Geneva had to consider whether they preferred a convention for the protection of performers even if the improvement is but very slight to claims that are so strong that they cannot be included in a convention. As we knew that a convention for the protection of performers, record manufacturers and broadcasting organizations may come into force even without the performers' consent, we tended, so far, to support the first part of the question. Thus, the rather small advantages brought about by the convention have to be considered in the light of the improvement they will avail to musicians of many countries as soon as the convention becomes operative. - Dr. Grünberg conveys the greetings of the ILO and hopes that the Congress will prove a success. He states that ever since the creation of FIM, there were strong links between this organization and ILO. Since 1926, ILO has followed with great interest the problem of performers' rights, and the participation of FIM delegates proved helpful in the respective discussions. Dr. Grünberg says that he has no intention to comment either the Rome Draft Convention or the standpoint and conclusions taken by the Congress in this matter. The views of the ILO Advisory Committee on Salaried Employees and in Professional Workers( CCETI) have been summarized in a memorandum and two resolutions during the second meeting of this Committee in February, 1952. In May, 1952, the Governing Body of the ILO passed these resolutions, to- ry gether with a report on the matter, on to the Governments of the 66 members of the ILO. The Office of the Berne Union sent to the Governments the text of the Rome Draft Convention, the official report by Prof. Bodenhausen on the Rome Conference( 12th- 17th November, 1951) and the" Explanatory Statements". The Governments have been invited to consider the Rome Draft Convention and the resolutions of the ILO until 31st August, 1953. A Joint Committee of Experts shall then meet again in Rome to deal with the replies received. Emphasis has to be laid on the fact that, at its 120th meeting, the Governing Body of ILO agreed with the viewpoint of the Berne Union that the rights of performers, record manufacturers and broadcasting organizations should be laid down in one sole document. It has furthermore been agreed, that such a draft should be sanctioned by an International Diplomatic Conference. In accordance with its Rules and the decisions taken by the CCETI, the ILO would appreciate that all bodies interested in the convention( employees, employers and Governments) should be given an opportunity to express their opinion. It was, therefore, recommended to the Berne Union that the delegations of the various countries should comprise technical experts, representing the interested bodies. Owing to the decision of the Governing Body of ILO, this Organization shall be present in all future meetings, in which the Rome Draft Convention will be discussed. - 14Personally, he would assert that the moment has come for FIM to decide whether they want a convention or not. Stress must be laid on the fact that a convention might possibly be concluded even if performers did not participate actively in its drawing up. After all that has occurred, it is very unlikely that a convention be concluded within the competence of the ILO that relates exclusively to performers' rights. As a rule, international conventions can provide but minimum standards; there are no conventions without compromises. However, international conventions are open to amendment after some years and thus improvements are possible. It would be desirable for the three parties concerned( performers, record manufacturers and broadcasting organizations) to come to a preliminary agreement within a reasonable time, so as to prepare further developments. The ILO will hardly deal with performers' rights exclusively in the near future. However, at the next meeting of the ILO Advisory Committee on Salaried Employees and Professional Workers( CCETI), there will be an opportunity to refer to the problems deriving from the performers' rights when the general report is under consideration. Ratcliffe thanks the speaker for his interesting explanations. Belin asks Dr. Grünberg what would happen if the performers withdrew from the Draft Convention, whilst the record manufacturers and the broadcasting organizations approved it. Dr. Grünberg states that at a Diplomatic Conference, no consideration will be given to the approval or disapproval of the three interested parties ( e.g. EBU, IFPI and FIM) on account of the fact that the convention will be signed by the Governments and not by the interested parties. Therefore, the interested parties should use their influence while the convention is being drafted. Dr. Grünberg then answered a series of questions with regard to the policy that had to be followed in view of the planned Diplomatic Conference. 3rd day: 24th April 1953 ( 09.20-13.30 and 15.20-18.30) The Rome Draft Convention- Continued Ratcliffe gives a full survey of the preliminaries of the Rome Draft Convention and accounts for the proposals of the Executive Committee, suggesting that the Federation and their affiliates express their standpoint in regard to the Draft. Although these proposals were drafted by the Executive Committee and an ad- hoc Sub- Committee, they are not at all recent results. For years, the Executive Committee have now been dealing with these questions, and the proposals submitted are the logical result of a steady discussion between the affiliated unions and the Executive Committee members. This does not mean that a draft proposal of the Executive -15Committee could not be amended or supplemented. It is the task of this Congress to exchange views and to find a common term of reference to be pursued. Becq inquires into the proposal of Lenoble, submitted to the" Advisory Committee". Ratcliffe says that the proposal in question could, on our side, be approved insofar as it shows that many people think that performers should participate financially in the commercial use of records. In the course of personal discussions with Lenoble in Geneva, the latter pointed out that this proposal should be interpreted in the meaning that such performers as have participated in the recording of their performances should therefore participate in the revenues earned by the phonographic industry in return for the commercial use of these records. FIM, however, wishes to protect above all the performers who are faced with unemployment owing to the use of records. FIM is not primarily interested in collecting money but in finding means to reduce the use of records to a reasonable extent. Leuzinger says he cannot understand why only record manufacturers, and not the film industry and the broadcasting organisations as well should share the proceeds of the secondary commercial use of their products( films and broadcasts) with performers. Belin thinks that we have to consider under what circumstances we would be willing to agree to a convention. As a matter of fact, the positions of the EBU and the IFPI are much stronger, but both organisations need the musicians' co- operation. We should turn this state of things to our advantage, to the effect that items 4 and 5 of the Draft Conventions are modified adequately. Even if the Draft Convention cannot be improved substantially, it seems better to accept this text rather than have no Convention at all. Musicians' unions have neglected too long such problems as arise from the use of mechanized music. Now we have to pay for our indifference during the past 50 years. Belin has to reproach the Executive Committee of FIM with their passive attitude towards various attacks published in periodicals. In particular, a strong public reply should have been given to the resolution of the International Federation of Authors and Composers( CISAC), relating to the Rome Draft Convention. - Ratcliffe dwells on the fact that FIM has not yet studied the whole question during a sufficiently large period and does not dispose of the necessary means to comply with Belin's justified request. FIM's officers cannot tackle all the problems by themselves; they depend on the support of their affiliates. It it were possible to decide: from now onwards, the recording of performances is excluded, things would be very easy indeed. Unfortunately, doubts arising as to the chances of success of such an action are wholly justified. As a result, our Federation should attempt to become as strong as possible. Ratcliffe is also of the opinion that the present Draft Convention has to be preferred to having no Convention at all. Fovargue stresses the fact that the so- called Atlantic Charta for the protection of human rights contains very little rights. But even these minima brought about some improvements for various populations. Some Governments even refused to ratify the above charta because it contained to their mind- too substantial claims in favour of their citizens. The speaker suggests to approve the proposals submitted by the Executive Committee in globo. Dr. Hauser points out that the Rome Draft Convention is completely based on the individual right of performers. Although FIM stresses legitimately the aspect of social right of performers' protection, it did not succeed - - - 16- in having adequate dispositions included in the Rome Draft Convention. It will be the task of unions to handle the rights of the convention not only for the benefit of such performers as have their performances recorded. Leuzinger reports that the day before, Dr. Grünberg had informed him what actions are likely to bring about the Diplomatic Conference. Therefore, we have not only to inform the Office of the Berne Union about the attitude of our Congress with regard to the Rome Draft Convention, but we should invite all affiliated unions to express their opinion on the Rome Draft Convention, in the similar way- although the viewpoints must not necessarily be altogether the same- before their Governments. Furthermore, we must attempt to convince the International Federations of Actors and Variety Artists of the equity of our claims, to the effect that these organizations recommend to their national groups to inform their Governments of their standpoint that does not differ substantially from that of FIM. If we subsequently consider the various items of the Rome Draft Convention, it must be kept in mind that they are only regarded as a preliminary fixation of aims. Nobody will think that such aims will all be attained altogether; however, we should not let ourselves be discouraged by the present wording of the Rome Draft Convention. nob In pointing out to the various items, Leuzinger comments on the proposal of the Executive Committee of FIM as follows: Item 1 Paragraph 2 FIM representatives have always endeavoured to exclude, in the Rome Draft, any hint to copy rights and the respective conventions. However, this does not mean at all that our Federation opposes copy right conventions or authors' associations. On the contrary, any possible attempt should be made to achieve a close co- operation with copy right unions. The very fact that hitherto copy right unions did not show much understanding for our problem, does not prevent us from acknowledging completely the copy rights. Item 2 Paragraph 1( a) The amendment submitted by the Executive Committee has to be considered in connection with our amendments to item 4. Owing to the fact that in this item, we claim the so called Droit de Suite( the right of commercial secondary use of sound and image supports, furthermore the right of retransmission, recording and public performance of the work of performing artists, either by means of wire or wireless), item 2 has to give a clear definition of what country has to be regarded as country of origin- also relating to s performers' rights in the event that performances fixed mechanically and transmitted with or without wire from a so called" non- contractual country"( that has not adhered to the convention) are introduced in a " contractual country".. - The Rome Draft Convention protects records that have been recorded in a " non- contractual country", but have been reproduced and re- used in a " contractual country". The same principle applies to a broadcast that is is retransmitted from a non- contractual country by a broadcasting organization of a contractual country. Nothing is laid down, however, in regard to performers' rights, in the event that performances are originally given in a non- contractual country but then devoted to secondary - 17- use in a contractual country. This gap has to be bridged in any case; however, for the time being, we are not in a position to propose any concrete solution. To our mind, such performances from non- contractual countries ought to be controlled by the contractual countries in the interest of their own musicians' union. Item 3 fom: sved 0 10 The expression" any other solutions"( in the proposal of the Executive Committee) means, in our opinion, any possibility which would enable every performer to find out when and where performances have been fixed respectively transmitted for the first time, namely in public files, records and similar documents that contain all information available about the country of origin and the date when sound and image supports have been made. Item 4 Paragraph 1 For better comprehension, mention must be made of our opinion that item 4 brought along a rather negative reaction of performers' organizations in the whole world. It is commonly stated by performers( and partly also by copy right unions) that performers came short of expectactions in Rome, particularly in comparison with the record manufacturers. On the other hand, it must be reported that the attitude of the representatives of our partner organizations and particularly the EBU- towards the claims of FIM representatives has changed radically. The amendments submitted by the EBU and the IFPI, as recorded in the" Explanatory Remarks" of the Office of the Berne Union, contradict partly the statements made by the same organizations in Rome. As a result, FIM does no longer consider itself bound by its previous concessions. Paragraph 2 920 We have ever protested against the original drafting of this paragraph. The amendments moved by the EBU and the IFPI do not only make the situation worse, but moreover link the corresponding performers' rights tightly to those of the record manufacturers in connection with the amendments to item 6. S Prior to the Congress of Düsseldorf, the Executive Committee and a small Sub- committee have dealt in detail with the contents of the paragraph and with the so called Lenoble proposal. Committee, Executive Committee and subsequently the Congress adopted unanimously the opinion that the original paragraph 2( Rome Draft) as well as the amendments proposed by the EBU and the IFPI, together with the amendment to item 6( according to which performers shall participate in the advantages of record manufacturers, brought about by the secondary use of fixed performances) should be rejected very strictly. However, on account of Lenoble's good intention, it should be made clear how unfair it would be to grant the record manufacturers a right that should actually belong to performers. Paragraph 3 No comment is necessary on this part of the proposal. Paragraph 4 In connection with this paragraph, it should be recalled that, with regard to the emission of ephemeral recordings, lawyers juridically separate the action of recording and the action of emission. According to the state 18ments of EBU representatives, the authorization given by the performer to make an ephemeral record of his performance does in no way include the permission to broadcast the performance. Item 5 This item should above all state clearly that the performers themselves or groups of them should be entitled to decide who shall represent their interests. They should be free to entrust either the Executive Committee of orchestras, or Union officers or performers' associations with the administration of their rights. In the event that a national legislation laid down a law according to which e.g. employers or the conductor of an orchestra become automatically the administrator of the musicians they employ or conduct, the fear would be justified that the performers being economically weaker- sign a statement of cession even if they are aware beforehand that their rights will not be defended adequately. Item 6 - With regard to Lenoble's proposal that is now to be included in the Rome Draft Convention under this heading, we refer to item 4/2. Above all, it is not clear why only record manufacturers should share the profits brought about by the sedondary use of the records, with performers. It would be fair to include broadcasting organizations and film producers as well. However, the musicians would suffer even more from the unfortunate dependency on a part of their employers, and the acceptance of dispositions, such as proposed by Lenoble, would entail the failure of any attempt to claim a direct right of performers on the profits of their performances. Lenoble's intention has to be welcomed, though; but its realization involves more drawbacks than advantages for the performers. Item 7 No comments are necessary with regard to this item. Item 8 Paragraph 1 To the effect of item 8/ 1c, the broadcasting organizations are entitled to allow the public relay of television casts. The representatives of the EBU had justified this item by asserting that they had absolutely to avail themselves of the possibility to check the public relay of television casts with a view to prevent e.g. sport events from being handicapped by the relay on account of the smaller number of spectators. It is characteristic that protection is claimed exactly for sport events, whilst public relays of purely acustic performances( concerts, broadcast plays etc.) that require that wider protection would be permitted. When the musicians claimed the same rights for their performances on similar reasons, the very radio experts asserted that such rights could not be granted to musicians as they would prejudice the interests of the public. In item 4/2 emphasis is even laid on the stipulation that performers shall have no right on the secondary use of their performances, whether these are broadcast or recorded. Managers of sport events and sport itself' have to be" protected, but musicians and music- an important factor or Western culture- shall not be granted such protection. Item 10 Somebody called the amendment sested by the EBU and the IFPI an impudence - - 19- Whilst FIM representatives were constantly assured in Rome and in Geneva m that record manufacturers and broadcasting organizations have not the intention to include maximum regulations in the Draft Convention, the ta newly proposed paragraph 2 stipulates explicitely that in the event the Draft Convention does not provide further protection to performers, the national legislation is not entitled to lay down any rules referring to such protective measures. This clause cannot but be related to item 4/2, T since, to our mind, this item alone defines a maximum of rights to be 13/10 granted and is thus likely to make any wider protection impossible in connection with the new item 10/2. This new amendment clearly accounts 10 for the fundamentally changed attitude of our partner organizations. The following discussion does not bring along any new aspects and the Congress decides unanimously ( 241)" After considering reports on the contents of the Rome Draft Convention and a series of recommendations suggested by the Executive Committee in regard to the attitude that FIM affiliates should adopt, and after discussing the main items of the Draft at length, the Congress recommends to its member unions to inform their Governments that they will take the below standpoint in regard to the various items of the Rome Draft Convention: Item 1 Paragraph 2 If ever possible, this paragraph shall be deleted. Item 2 Paragraph 1( a) don at This paragraph has to be amended by adding a new paragraph 2/ 1b, as follows: and noidas Paragraph 1( b) ged axosdwerb Whenever performances are mechanically fixed or broadcast in a noncontractual country, the below paragraphs new c and new d shall be applied adequately. Paragraph 1( b)( original drafting) The original drafting of item 2/1 b becomes 2/1 c, new version, and Paragraph 1( c)( original drafting) от becomes item 2/1, new version. By the way, the Draft Convention does not specify which country shall be considered as country of origin for broadcast relays, in the event that such a broadcast is simultaneously relayed, from a non- contractual country, to one or various contractual countries by the national broadcasting organization. Item 3 It is obviously in the interest of performers that each record bears the date of recording and the country of origin. The same data should be given whenever sound supports are used for broadcasts and for the public performance of films. Any other solutions that meet the claims as here above in their effects are likely to be accepted as well. bajas a drembnems odd bellso goodamo& - 20Item 4 Paragraph 1 In regard to this item 4, emphasis must be laid on the fact that our representatives in Rome also characterized it as a compromise which has only been included in the present wording in order to start the discussion on the whole Draft Convention on the international field. Owing to the reaction that the item 4 called forth in the performers' unions of the whole world, and to the negotiations with the Advisory Committee on Salaried Employees and Professional Workers( CCETI), as well as the proposals of the EBU and the IFPI, as expressed in the" Explanatory Comments" of the Office of the Berne Union, FIM had to revert to its corresponding motions, presented in Rome, and had to defend them strongly. Paragraph 2 This paragraph had to be deleted in any case and has to be replaced by stipulations that guarantee the performer the right on the immaterial public relay of lectures, plays and musical performances, either fixed ac mechanically or broadcast. The corresponding amendment by the EBU/ IFPI shall be rejected. Paragraph 3 FIM and the affiliated unions cannot understand why the restrictive clauses of this paragraph are not applied accordingly on the rights of bf broadcasters, as specified in item 8. They are therefore of the opinion that either this paragraph has to be deleted or a paragraph entailing the same effect has to be included in item 8. Paragraph 4 This item should state clearly that broadcasting organizations shall only be entitled to record lectures, plays and musical performances for ephemeral relays if performers have given their consent to do so( statements relating to this were made by the representatives of the EBU at the CCETI meeting). Item 5 Here, a clearer wording would be desirable. No misinterpretation should be possible as to the rule that whoever represents the performers' rights can only do so subject to the previous explicite consent of the bearer of such right. Mention must be made that, in this regard, the" Explanatory Comments" of the Berne Union admit interpretations that cannot possibly be accepted by performers. For instance, such rights can under no circumstance be transmitted, without the performers' consent, to people whose economic interests oppose those of the owner of the right( e.g. impresarios, concert managers, conductors). Item 6 FIM has no intention whatever to curtail the rights of the record manufacturers, provided by the Rome Draft Convention, on the condition, however, that the rights claimed by performers are granted to them. Should this claim not be realized, FIM reserves itself the right to dwell on the fact that any sound support is merely a mediator of artistic performance and does not, as a result, deserve major protection. The amendment proposed by the EBU/ IFPI, according to Lenoble's resolution, - - 21- ( Geneva meeting of the CCETI of February, 1952) has to be rejected unmistakably, since the interested performers would thus suffer from an unfair dependency on the record manufacturers and their rights. Item 7 In this item, duration of protection of performers' rights shall be laid down unmistakably; such duration shall be as long as possible. Item 8 If paragraph 4/3 is maintained, an analogue restriction is to be introduced in this item. The comment on item 6 applies likewise to this item as a whole. Particular mention must be made that under paragraph 1 c), the broadcasting organizations are granted rights that should not even belong to authors, according to the Berne Convention for the Protection of Literary and Artistic Works, whose wording has been revised in Brussels. It is not understandable why a right should be granted, under this paragraph, to broadcasting organizations, whilst the analogue stipulation, regarding performers' rights, as under item 4, is exactly strongly opposed by the very broadcasting organizations. Item 10 The amendment moved by the EBU/ IFPI is wholly superfluous and, as a result, to be rejected. The Executive Committee of FIM, as well as the affiliated unions, would like the recommendations recorded in the preceding text of the resolution to be formulated as precisely as possible. As a result, a three- headed Drafting Committee is appointed and entrusted with the task of drawing up the final wording of the corresponding text. Messrs. Ratcliffe, Wassmouth and Leuzinger shall be members of the above mentioned Drafting Committee. The Committee is entitled to appoint further members of the Congress for co- operation." In continuation of the discussion of the morning, the procedure for the realization of an International Convention is studied. Dr. Russ dwells on the fact that the bottom- limit, regarding the Rome Draft Convention, to which FIM could at the utmost agree, should not be fixed too low. It might possibly even be better for our future policy to reject a convention that is unfavourable for performers. On behalf of the Standing Orders Committee, Dr. Hauser proposes the following draft resolution to be approved as resolution:" The Second Ordinary Congress of the International Federation of Musicians, sitting in Düsseldorf from April 22nd 28th, 1953, states that the Rome Draft Convention does not meet the minimum claims of performers. The Congress entrusts the Executive Committee with the realization of the improvements laid down in the motions of the Executive Committee and authorizes the Executive Committee to approve an improved - convention." Burkinshaw points out to the differences existing between the proposal of the Standing Orders Committee and that of the Executive Committee of FIM. To his mind, members of the Federation should attempt, above all, to urge upon their Governments according to the lines suggested in our resolutions. Lahaye draws the attention on the fact that according to the present wording of item 5, the national legislation could decide that performers' rights are -P - 22- Jac to be defended by their employers. As this contingency is unfavourable for us, it should be excluded. Prof. Sirowy urges upon the Congress not to oblige the Executive Committee to approve only an improved convention. The negotiators of FIM deserve to be trusted that they endeavour to obtain but the the best conditions for musicians, and they should, as a result, be left free altogether in their discussions. Following the debate upon the policy to be followed in this matter, the Jedw Congress decides unanimously, on Ratcliffe's motion: IT( 242)" That the Congress entrusts the Executive Committee and the officers of FIM with the task of participating in all discussions relating to the matter, in order to realize the aim of an international convention granting the performers a maximum of protection." Chesnais congratulates the Congress on the two latest resolutions and states that the International Federation of Actors will not agree to Lenoble's proposal. The IFA does not want either a legal dependency on record manufacturers but aims, on the contrary, at a Droit de Suite of their owh* Fovargue thanks the Executive Committee, on the delegates' behalf, for the work accomplished in regard to performers' rights. 34 b) Approval of nrs. 21- 24, 38/39, 47- 58 of the Report of Activity Numbers 21 24, 38/39, 47 58 of the Report are formally approved. - 9) Agreement FIM/ IFPI 10 ana) Discussion and decision - Leuzinger recalls the report of the Secretariat, referring to the Conference held in Zürich, on November 4th/ 5th, 1952. At that time, FIM and IFPI agreed upon a number of principles that should underlay an agreement. On November 28th, 1952, the IFPI ratified these principles, subject to the restriction that the agreement should only be operative in Europe. This clause was, however, at variance with the agreement; therefore, the final wording of the agreement could not be drafted immediately. A corresponding text was sent to Mr. Bramall, on March 16th, 1953, by Mr. Ratcliffe. However, the two Gentlemen have not yet had the opportunity to discuss the text. Dr. Hauser reproaches FIM with not having urged the parties concerned to give the matter their earliest consideration. If it happens at times that the IFPI delays the negotiations, FIM should not do the same. The feeling might easily prevail that the British Musicians' Union( BMU) are not very interested in an agreement between FIM and IFPI owing to the fact that the BMU have already been receiving funds for some years. as Becq would like to know whether the intended participation of performers anol in the revenues gained by record manufacturers from the secondary use of no their products applies to musicians only or is meant for actors as well. Leuzinger points out that according to the wording of the Minutes of the azon conference that took place on November 4th/ 5th, 1952, actors are seldom invited to participate in recordings, in contrast to musicians. As a result, records are not likely to jeopardize working possibilities for actors and their claims for financial participation in the licence fees are therefore accordingly less important. It shall be up to the national organizations to decide whether the revenues from the FIM- IFPI Agreement are to be shared or not with other performers' organizations. - 23- Ratcliffe states that the BMU is very likely to get more money out of the Agreement- to- be than is the case under the present national agreement. The musicians' unions of France and Great Britain will have to make up their mind one day whether they are willing to substitute their national agreements with IFPI by an international agreement. It must, however, be kept in mind that the offer made by IFPI is altogether optional. There is no means whatever to coerce IFPI to a speedier action. To the speaker's mind, three things are closely connected:( 1) our attitude towards the Rome Draft Convention,( 2) Lenoble's resolution of the" Advisory Committee of the CCETI" ( 3) the intended agreement between FIM and IFPI. IFPI wants to take greatest possible profit of its offer made to FIM, but we are not prepared to go into a bargain. FIM has to aim, above all, at obtaining legal protection, and it is obvious that IFPI is not eager to give it to us. Owing to the fact that in his letter of November 28th, 1952, Mr. Bramall informed us that he was willing to enforce a possible agreement for Europe only, I could not take any further action. It is up to the Congress to decide whether they want an agreement that is operative in Europe only. Bernbacher advocates a step- by- step policy. The coming into force of the FIM- IFPI Agreement would entail a good number of advantages for the German musicians' union( DMV). He therefore pleads for an agreement that is limited territorially. Dr. Hauser points out that in his opinion IFPI is bamboozling FIM. The record manufacturers have now saved a lot of money in the course of the past two years. Mr. Bramall's letter of November 28th, 1952, is obviously a disregard of the agreement of November 4th/ 5th, 1952. He suggests that the Congress deliberates to what extent recording could be stopped. Leuzinger, in opposing Bernbacher, says that this is not merely a matter of money but of prestige. On November 4th/ 5th, 1952, clearly defined agreements had been entered into with the FIM delegation, and it was not fair to transgress them unilaterally. Dr. Russ states that it is impossible to stop recordings in Austria, since the Austrian musicians are bound by long- term collective working agreements. Ratcliffe cannot help feeling that IFPI does not really want to enter into an agreement with FIM. This possibility is only considered as long as the Rome Draft Convention is not signed. He speeks in support of the South African colleagues whom he does not wish to let down only for money's sake, all the more than in Zürich the South AfriA can situation had been given close consideration. He warns the Congress of deciding thoughtlessly to place an embargo on recording. On a motion by Fovargue, the Congress decides to approve unanimously Prof. Sirowy's draft resolution: ( 243)" After considering at length the preparatory works relating to an Agreement between FIM and IFPI on the financial participation of performing artists on the revenues of record manufacturers out of the secondary use of their records in broadcasts, the Congress urges upon the Executive Committee to endeavour to settle these negotiations, at its earliest convenience, and in the best possible way. Attention should be paid to the fact that the principles laid down in the " heads of agreement" be not amended to the disadvantage of performers or groups of performing artists." b) Approval of numbers 29/30, 59- 62 of the Report of Activity iods bet Upon Burkinshaw's motion, the numbers 29/30, and 59- 62 of the Report are approved. iw Jon 10 use of such rec dou 4 th day ( 09.55 - - 24- 25 th April, 1953 13.30/ Saturday) do 10) Television a) Discussion and Decision: Leuzinger states that the Executive Committee cannot agree to the compulsory drafting of the motion moved by the Swiss Federation of Musicians ben( SMV), relating to the recording of sound films for television, because various national unions had, so far, no possibility of checking the use of the sound films recorded by them. On the other hand, some unions are bound by long- term collective working agreements, so that they are not in a position to amend immediately the terms on which they agreed to play for sound film recordings. The amendment of the Executive Committee and the original motion moved by the SMV have the same aim, but the former is more elastic in its interpretation. Ratcliffe reports that the British Musicians' Union have decided long ago not to record for sound records destined for television. The same policy is followed by the International Federation of Variety Artists( FIAV), as television entails still greater dangers for their be profession than for musicians. Such variety artists have to make a living out of their skills. If a new trick has been shown on television, it has lost its main quality in the corresponding country and cannot be shown again. Actors, however, tend to make use of their performances for films destined to television, owing to the fact that to their mind the long preparatory work for a play is in no proportion to the single performance in the television studio. However, there is no difference of opinion, on principle, between British musicians, actors and variety artists. The really great problem arises from the secondary use of films made for cinemas. Here, the performances of musicians are used to an extent that could not be foreseen while recording for the films. We should reach an agreement to the effect that national laws stipulate that sound films are only to be used for such aims as have been fixed by the performing artists. But today, even complete television programmes are exchanged and hired out among countries. Films are continuously being produced in Europe for American television programmes. For the time being, the situation is not so disastrous because American television has developed so rapidly that the American film production could not keep in pace with it. But the day is not far when American films will appear in the European television programmes and will be used to the disadvantage of performers. Consideration should be given to the question to what extent the attitude of the BMU, regarding their refusal to play for television films, is likely to be extended all over Europe. It has been mentioned already that musicians should receive higher wages for performances at the television than for sound broadcast. This is the case in Great Britain- although to a very small degree. However, it is not easy to vindicate our arguments for a considerably higher payment for music performances at the television, as compared to sound broadcast. 08 Chesnais is in a position to make detailed statements as to the situation and the terms regarding television in France, particularly where actors are Ted concerned. He reports:" As early as 1949, actors' organizations in France urged upon their members not to enter into agreements, with film producers, - 23- of Ratcliffe states that the BMU is very likely to get more money out of the Agreement- to- be than is the case under the present national agreement. The musicians' unions of France and Great Britain will have to make up their mind one day whether they are willing to substitute their national agreements with IFPI by an international agreement. It must, however, be kept in mind that the offer made by IFPI is altogether optional. There is no means whatever to coerce IFPI to a speedier action. To the speaker's mind, three things are closely connected:( 1) our attitude towards the Rome Draft Convention,( 2) Lenoble's resolution of the" Advisory Committee of the CCETI". ( 3) the intended agreement between FIM and IFPI. IFPI wants to take greatest possible profit of its offer made to FIM, but we are not prepared to go into a bargain. FIM has to aim, above all, at obtaining legal protection, and it is obvious that IFPI is not eager to give it to us. Owing to the fact that in his letter of November 28th, 1952, Mr. Bramall informed us that he was willing to enforce a possible agreement for Europe only, I could not take any further action. It is up to the Congress to decide whether they want an agreement that is operative in Europe only. amis Jud det Bernbacher advocates a step- by- step policy. The coming into force of the FIM- IFPI Agreement would entail a good number of advantages for the German musicians' union( DMV). He therefore pleads for an agreement that is limited territorially. Dr. Hauser points out that in his opinion IFPI is bamboozling FIM. The record manufacturers have now saved a lot of money in the course of the past two years. Mr. Bramall's letter of November 28th, 1952, is obviously a disregard of the agreement of November 4th/ 5th, 1952. He suggests that the Congress deliberates to what extent recording could be stopped. Leuzinger, in opposing Bernbacher, says that this is not merely a matter of money but of prestige. On November 4th/ 5th, 1952, clearly defined agreements had been entered into with the FIM delegation, and it was not fair to transto stop gress them unilaterally. Dr. Russ states that it is impossible to cordings in Austria, since the Austrian musicians are bound by long- term collective working agreements. Ratcliffe cannot help feeling that IFPI does not really want to enter into an agreement with FIM. This possibility is only considered as long as the Rome Draft Convention is not signed. He speeks in support of the South African colleagues whom he does not wish to let down only for money's sake, all the more than in Zürich the South African situation had been given close consideration. He warns the Congress of deciding thoughtlessly to place an embargo on recording. reOn a motion by Fovargue, the Congress decides to approve unanimously Prof. Isb Sirowy's draft resolution: ( 243)" After considering at length the preparatory works relating to an Agreement between FIM and IFPI on the financial participation of performing artists on the revenues of record manufacturers out of the secondary use of their records in broadcasts, the Congress urges upon the Executive Committee to endeavour to settle these negotiations, at its earliest convenience, and in the best possible way. Attention should be paid to the fact that the principles laid down in the " heads of agreement" be not amended to the disadvantage of performers or groups of performing artists. 11 b) Approval of numbers 29/30, 59- 62 of the Report of Activity add Upon Burkinshaw's motion, the numbers 29/30, and 59- 62 of the Report are approved. tw Jon 10 - 26use of such recordings. Performers are not even granted the possibility to sign such contracts with reservation, as it would not come into force. As a result, performers are left no other choice than to protest, in the presence of witnesses, against such contracts. On account of the rather bad situation of musicians, it is very difficult to dissuade them from entering into agreements with broadcasters. In Germany, only the NWDR( Nordwestdeutscher Rundfunk) is engaged with television at present; however, other nets will follow in the near future. In Munich, a film was made with the very best circus artistes and 75 copies of it were sent all over the world for use on television. The speaker urges upon the Congress to support German musicians in their struggle against exploitation of their performances. Belin reports that in Switzerland, television is still in the teens, so to say. As a result, Swiss musicians have a chance to restrict the professional exploitation of musicians, as reported by Baumann, by means of the Union. The speaker refers, in this respect, to the recent foundation of the Swiss Performers' Society( SIG) and urges upon the Congress to give directions that may be used internationally. It must be kept in mind, in particular, that television is a wholly new working field for musicians which cannot be compared with sound broadcast, despite the technical and juridical definitions. The speaker opposes strongly Dr. Russ's opinion and states that the Orchestre de la Suisse romande renounces playing for sound films, whenever the film producer does not supply a written guarantee that their performance for the film shall not be used for television, either at home or abroad. Van der Vaart reports that Dutch broadcast staff musicians refused to play for television when the opening ceremony of a Congress attended by 24 countries was scheduled to be transmitted. Fovargue feels that we could try to play for sound and image supports for television, provided we can check exactly the use made of such supports. Ratcliffe informs the Congress that on the occasion of the coronation ceremony for Elizabeth II, the BMU agreed exceptionally to play for the corresponding television films. The permission was, however, only given under a number of conditions that are likely to serve as a basis for future performances of this kind( circular letter of the BMU to the musicians of the so- called" Coronation Orchestra"). The following possibilities are open for our future procedure:( 1) our Federations should endeavour to prevent the development of television from causing the same prejudice to musicians as occurred already when introducing broadcasting3B( 2) FIM should keep in mind, especially when working on the international Convention, that television is an altogether new working field- from the economic viewpoint for performing musicians and that its maintenance is subject to the strict defence of the performers' rights; B( 3) we should endeavour once more to negotiate with the EBU with a view to concluding international private law agreements coming up to our expectations. None of these suggestions is clearly defined in the motion moved by the SMV. Consequently, there is no other choice than to approve it with the amendments of the E.C. Following a short discussion, the Congress decides unanimously, on Bernbacher's motion: ( 244)" That according to the policy drafted by the E.C. of FIM, the Congress feels performers of all musicians' unions should refuse to play for sound and image supports destined for television. Exceptions shall be made but for news- reels." - - 27- b) Approval of Numbers 76/77 of the Report of Activity Numbers 76/77 of the Report are formally approved. 5 th day 26th April, 1953 to sau No meetings were held on Sunday, 26th April, 1953. 6 th day: 27th April, 1953 ( 09.30-14.00 and 15.20-19.00) 11) Consideration of the motions presented to the Congress, relating to: A) Mutual cession of performers' rights( motion moved by the Swiss Musicians' Union( SMV) a) Discussion and decision Leuzinger states that according to most national legislations, performers' rights are considered as individual personal rights, i.e. analogue to copyrights. The Rome Draft Convention is also mainly based on this viewpoint. FIM, however, does not regard the whole question merely from the aspect of such performers as have actually participated in making records, but also from the social aspect% 3B consequently, also the protection of the profession as a body is its main aim. Owing to the fact that this opinion is seldom acknowledged, it is up to musicians to take measures thanks to which the legal performers' rights, existing already or having still to be set up, are applied in conformity with FIM's claims. In other words, the individual rights should be ceded to Bodies that defend and administer such rights not only in the interest of single performers, but of the whole musical profession. These objects are likely to be realized in various ways. The SMV does not aim at suggesting any concrete modus, but it has recognized the foundation of a Performers' Society to be the best answer to this problem and its particular aspects in Switzerland. Dr. Hauser would like to know what the other delegations think of the suggestion, in order to have a fair idea to what extent the exchange of performers' rights might be realized. Ratcliffe strongly supports this motion, although, to his mind, there is no emergency for the creation of such Societies for the time being. If a particular performers' society is to be founded, it should include all performers; consequently actors, etc. as well. Only in the event that such a design could not be realized should musicians think of their interests exclusively. Wassmouth points out that the American Federation of Musicians( AFM) lays down the same stipulation in its Rules, although the USA do not acknowledge any performers' rights. Lahaye reports that in Germany only a registered association is entitled to administer the rights of its members. Consequently, the central administration of his country has to be given the status of a foundation. The speaker points out to the danger that is likely to arise from such performers' societies, in that they grow too independent and attempt to work, in certain circumstances( as was the case in Germany) against the interests of the Union. He acknowledges the necessity of administrative - 28- performers' societies and agrees with the motion moved by the SMV, despite the unfavourable experiences made in Germany. The Congress decides unanimously: ( 245)" The Congress of FIM is in favour of the policy pursued by the Executive Committee of FIM in regard to the management of performers' rights such as have to be considered when fixing musicians' performances mechanically or transmitting them by broadcast. The Congress supports any restrictions placed on the secondary commercial use of such musicians' performances, whether fixed mechanically or broadcast und states that any further secondary use abroad, whether on broadcast or sound supports, has to be considered as a prejudice to the musical profession of that country in which the performance is devoted to secondary use or to broadcast. In order to enforce this standpoint in practice as well, the Congress recommends to the affiliated unions of FIM to enter into satisfactory agreements, as preliminary to contracts that will lay down the mutual cession, among countries, of performers' rights existing already or having to be set up still." b) Approval of numbers 40- 46 of the Report of Activity Numbers 40- 46 of the Report are formally approved. b B) Taxation of musicians and artists( motion by the Svenska Musiker Förbundet) The general discussion reveals what considerable differences exist in the various countries with regard to taxation of musicians. The Congress knows, however, that the majority of foreign countries are not willing to let any alien influence interfere with their fiscal matters. But the Congress approves the motion by the SMF unanimously: ( 246)" Owing to the fact that taxation of musicians undergoes substantial variations from one country to another, the Congress is urged upon dtw to entrust the Executive Committee with the task of inviting the International Labour Office to draft an international agreement, at their earliest convenience, to the effect that taxes be calculated on the same basis for musicians in the various countries." C) International Tariff for Recordings a) Discussion and decision Wassmouth explains why the Executive Committee decided to reject this motion. The four Scandinavian Musicians' Unions had endeavoured already some time ago to draft a unified recording tariff, but they did not succeed hitherto, The varying costs of life, the differing purchase power of the corresponding currency, but also the very different market sales in the single countries prevent any international rule from being laid down for the recordings. Grohmann thinks that it should at least be possible to set up minimum rates. Leuzinger fears that such minimum tariffs are liable to become normal rates. Priess would like such minimum rates to be fixed as high as possible, Baumann thinks efforts should be made to keep up the motion of the SMV. The general enquiry started by the Secretariat should be carried on. The very fact of knowing the rates of other countries is quite helpful. This opinion is gradually gaining more supporters, as the discussion goes on. To Ratcliffe's mind, not only the time required for recordings should be taken into consideration, but also the duration of the recorded works. - 29- Archiv Jaz In Great Britain, e.g., not more than four sides of a record- totalling approx. 15 minutes of music- may be recorded in a three- hour session. In return for such a session, the rank- and- file musicians receive£ 31.-. Belin reports that American record concerns record a Tschaikovsky symphony in a three- hour session in Switzerland. He supports Ratcliffe's suggestion that FIM set up a maximum as to how many minutes of music may be recorded in a three- hour session. Finally, the Congress decides unanimously: ( 247)" The Congress entrusts the Executive Committee with the task of reporting to the next Congress of FIM on the possibilities of determining an international minimum rate for the recordings, with due consideration of the duration of the music to be recorded. Furthermore, the Executive Committee shall present possible motions on the matter." b) Approval of number 67 of the Report of Activity Number 67 of the Report is formally approved. 12) Finance he 03 MIT 10 an MIT 10 anong bedsi dad 23 a) Report by the General Secretary on the financial situation of FIM and approval of the financial report, Leuzinger refers to the documents sent off and states that business management of FIM cannot at all be considered as normal in the past time. Only thanks to the extra payments of some affiliates and the present offered by the AFM, as well as the generous credits granted by the SMV was FIM enabled to carry on its tasks. Endeavours should be made in future to set up a stronger financial basis for FIM. Baumann would appreciated to have a clear survey of the expenditures and revenues of the past three years. But on the whole, the Finance Committee acknowledge that much has been achieved with little money. have Dr. Hauser supports the preceding speaker and invites the Congress to approve the financial report with thanks. The Congress decides unanimously: ( 248)" The financial report by the General Secretariat is approved with thanks." 1 b) Consideration of the motion relating to the sharing of travel expenditure for FIM Congresses( motion moved by the Svenska Musiker Förbundet). The Congress had rejected the motion by the Svenska Musiker Förbundet, according to which the travel expenditure for FIM Congresses was to be shared among the affiliates, and no corresponding asset was mentioned subsequently in the budget. 13) Budget debate and determination of membership fees ( s At the outset of the debate, a discussion arises as to whether the budget. should be discussed first and the membership fees fixed subsequently, in accordance with the expenditure having to be met, or whether the fees should be determined first and the budget drawn up correspondingly. In the discussion, both matters are considered simultaneously so that there is no clear- cut separation between them. Baumann reports to the Congress on the work of the Finance Committee and accounts above all for various enhancements of the items of the budget.o He points out, particularly, that the amount fixed for meetings of the d ' 01111ode of.no add to Jud, notabi otal need ed -919 of - 30- Executive Committee is so small that only three meetings can be held in two years. The original data supplied by the Secretariat were based on Van Executive Committee composed of 7 members. Following the alteration of Rules, the increased number of seats calls forth additional expenditure. The Finance Committee had also to allot larger amounts for the accounts 9.A. and 10. a) Consideration of the urgency motion in regard to the amendment of the basis for calculating membership fees( motion moved by the Austrian ylou om Musicians' Union- Gewerkschaft der Freien Berufe, Sektion Musiker) Dr. Russ comments on the Austrian motion according to which membership fees should be calculated on the basis of the percentage of returns of each single musicians' union. 08 Baumann fears that the above suggestion would entail too great a risk for FIM and Belin thinks that our Secretariat should not be treated as play- ball of the various financial situations of the affiliates. Wassmouth and Leuzinger, too, oppose the Austrian motion. Dr. Russ and Prof. Sirowy report that the membership fee for FIM is relatively much too high, considering the circumstances involved. Ratcliffe points out that it is not possible to put the proposal to vote, since there are no data, for the time being, as to how it would work in practice. The speaker assures the Austrian delegsures the A ation that the Secretariat will consider the Austrian motion and submit it motion ar to the next Congress for deciding on it. Dr. Russ consequently retires his motion.co b) Discussion and decision Burkinshaw points out that approval of the budget submitted by the Finance Is Committee automatically entails increase of the membership fee to Sw. Fr.-. 45. This enhancement means, however, a heavy charge for his union. He refers to the many voluntary evidences of generosity that the BMU showed towards FIM and asks for information regarding the situation of fees paid by all affiliates. Leuzinger reports that, on principle, only Italy and Austria have to pay arrears, whereby it has to be considered that the Austrian debt is liable to be settled, according to motion B of the Finance Committee, by means of the Account B. The Italian debt could be lowered substantially the e same means. Leuzinger accounts for and defends the very delicate situation in Italy, Mantovani being absent. Ratcliffe, too, supports the Italian colleagues. However, he cannot understand why the Italian union is not strictly invited to provide documents accounting for the difficult financial situation. 10 Various voters would like the motion by the Finance Committee to be altered to the effect that it does not apply exclusively to Italy and Austria. Fovargue suggests that an amendment be added to motion B moved by the Finance Committee. Such amendment is approved in the following poll. Finally, the Congress decides unanimously: ( 249)" Membership fees for FIM are enhanced to Sw. Fr.-.45 per member of the unions affiliated to FIM. The enhancement becomes operative on Judi October 1st, 1953. Membership fees that members with poor currency owe to FIM for the 19 past business years shall be settled via their credit on the od JudB- Accounts. o, VM ed at The Congress recommends to the Executive Committee and the General Secretariat to check regularly the payment of membership fees by 31affiliates, as well as their financial situation, in order to prevent any possible irregularities in the debiting and transfer of the amounts from occurring." When the budget debate is taken up again, Leuzinger dwells on the emergency to increase the amounts for the accounts 6.6.A. and 6.6.B.( meetings of the Executive Committee and extern meetings). The second ordinary business period will have to face great problems and Leuzinger fears that the amounts foreseen in the budget are not large enough to meet the expenditure incurred by the meetings of the Executive Committee, required to solve such problems, and by the FIM delegations for the various Expert Committees. Following a lengthy discussion, the Congress decides unanimously: ( 250)" The budget laid before the Congress by the General Secretariat and amended by the Finance Committee is approved with total amount for expenditure of Sw. Fr. 31'450.--.' Inta dos Baumann states that the Finance Committee has to reject the motion, moved by the Executive Committee, bearing on enhancement of the affiliation fees. The Committee feels that FIM should attempt first of all to gain as many members as possible. Such endeavours should not be hindered by increasing the affiliation fees. In the course of a very lively discussion, opinions in favour of and against the suggestion are considered. Then the Congress decides with 10 against 9 votes: ( 251)" The Entrance fee for members joining FIM is enhanced to Sw. Fr.-. 30 per member of the union to be affiliated( formerly Sw. Fr.-.15). Baumann presents another suggestion of the Finance Committee, according to which the various affiliated unions should be held to sell their members a badge, so as to characterize them generally as FIM members. In the event that such badges could be sold at Sw. Fr. 1.--, the proceeds could be devoted to a fund that would mean a very valuable asset in the working capital of FIM. Following a detailed discussion in which most voters oppose the motion, Baumann waives. Reverting once again to the motion moved by the Svenska Musiker Förbundet, referring to the sharing of travel expenditure of delegates among affiliated unions, Leuzinger points out that the funds required to carry out the next Congress in conformity with the Rules cannot be available owing to the membership and affiliation fees agreed to. The Congress decides unanimously: ( 252)" The Rules of FIM shall not be amended as to the financing of FIM Congresses." wtbas c) Consideration of the motion( moved by the Swiss musicians' union) according to which 5% of the proceeds whinh affiliates receive out of the intended FIM- IFPI Agreement should be transferred to the General Secretariat of FIM. Belin accounts for the motion by the SMV and points out that in the event the FIM- IFPI Agreement works, this would mean a great achievement for FIM, both for its prestige and its finance, However, the advantage of the single affiliated unions is rather varying. Consequently, the speaker feels that such unions as profit particularly of the Agreement, should be held to pay a 5 per centum of the proceeds from the Agreement, in order to contribute to a fair share of the general charges of FIM. Baumann states, on the behalf of the Finance Committee, that the latter is in a position to agree to the motion by the SMV, on principle, but he bas I dmem to no - 32- would like the addendum: 11 ".... and invites its affiliated unions to authorize the Secretariat of IFPI to transfer the corresponding amounts direct to FIM" to be deleted. Dr. Hauser agrees to this amendment on behalf of the Swiss delegation. Ratcliffe states that the Executive Committee cannot approve the proposal of the SMV. First, its wording does not show clearly whether the 5% mentioned include the ordinary membership fees or whether they are part of them or have to be considered as a wholly additional amount. FIM, second, is not in a position to determine, what use shall be made of such 5%. But above all, the speaker fears that by the proposal of the SMV, FIM would depend direct on IFPI.l Dr. Hauser supports the motion and points out that in the principles of the FIM- IFPI Agreement, the payment of 5% is already provided. Consequently, the realization of the planned contribution is but subject to the approval of the Congress. FIM is in need of a good deal of money in order to work in as large a sphere of action as possible. The budget approved is barely sufficient in some items. There is certainly no danger that FIM becomes too wealthy for the speaker himself would be the first to stand for a reductIgion of contributions as soon as there would be evidence of their superfluity or mismanagement.febr Tucker and Baumann also oppose the motion and Leuzinger says the Congress is inconsequent, since on the one hand it stands for social aims in regard to the use made of licence fees from the secondary commercial use of records; but on the other hand is is reluctant to extend this idea on the international field, by devoting 5% of such licence fees to the international organization. The 5% in question are not funds of IFPI, but belong to the national unions. IFPI explicitely agreed to the transfer of such 5% to FIM. Dr. Russ supports the amended motion moved by the SMV. Cow MIT -ual 10.ex es at 7 th szoqque boa 8-58 day - : 28 th April, 1953 ( 09.20-13.40/ last day) Motion by the SMV Assignment to FIM of 5% of the proceeds from IFPI( Cont.) No new standpoints appear during the continuation of the discussion of the preceding day. However, the majority of the delegates is inclined to approve the motion by the SMV, provided it is not given the character of a binding decision. Leuzinger dwells on the fact that FIM cannot be helped by voluntary contributions for long and the budget agreed to is based on the most minimal expenditure. The delegates present have to bear in mind that if FIM is not supported by the assignment of 5%, the next ordinary Congress will not be carried out according to the Rules either. Despite these statements, the Congress decides unanimously: ( 253)" The Congress urges upon the affiliated unions to assign to EIM up to 5 per eved at centum of the proceeds from the intended FIM- IFPI Agreement, re-193 odlating to the participation of the musical profession in the inod come which record manufacturers receive from the secondary commercial use of the recordings made with the performers' help." szoddzul od -odde -33- 33- Now MIT of 14) Consideration of the motion relating to the recording of foreign orchestras performances for commercial records( motion by the Swiss musicians' union). a) Discussion and decision Dr. Hauser reports that increasingly, foreign orchestras flock into Switzerland in order to have their performances recorded by record manufacturers. Consequently, the money available in Switzerland for this purpase is exported abroad, to the Swiss musicians' prejudice. The SMV urges upon the Congress to take a decision that enables the union to take action, in favour of the national musicians, with the Federal Aliens' Control Office and the record manufacturers. Following a short debate, the Congress decides unanimously: ( 254)" Recordings of performances for commercial records shall, on principle, be reserved to orchestras and bands belonging to the country of origin Exceptions to this stipulation are subject to the approval of the musicians' union of the country concerned." b) Approval of number 66 of the Report of Activity Number 66 of the Report is formally approved. at 15) Possibilities for an Agreement between FIM and EBU, relating to the secondary use of sound supports for broadcast. a) Discussion and decision Leuzinger refers to the Report of Activity and states that FIM would highly value an agreement with EBU, limiting the use of sound supports belonging to broadcasters on the international field. Unfortunately, it was not even possible, hitherto, to have EBU agree to corresponding discussions. Dr. Hauser thinks the policy followed up to now by the Executive Committee is right, and he urges upon the single affiliated unions to take such measures in their countries, with respect to the secondary use of sound supports belonging to broadcasters, as will coerce EBU to discuss with FIM. Ratcliffe drafts a motion that is approved unanimously by the Congress: ( 255)" The Congress is of the opinion that the negotiations between the Executive Committee or officers of FIM and the EBU, relating to the use of sound supports for broadcast should be continued." b) Approval of numbers 31-33, 63, 68-71 of the Report of Activity Numbers 31-33, 63, 68-71 of the Report are formally approved. - sdd no 16) Consideration and decision of the paragraphs of the Report of Activity of the Executive Committee of FIM on the first ordinary business period ( Autumn 1949 Spring 1953) that have not yet been dealt with( numbers 1-6/ 7-12/ 13-17/ 18-20/ 25-28/ 34-37/ 64-65/ 72-75/ 78-81/ 82-88 During the discussion of the paragraphs of the Report of Activity that have not yet been considered, various standpoints appear in regard to the international exchange of musicians. No common opinion can be reached as to whether travels, on the international scale, of orchestras should be furthered edidas, Jase sh - 34- ada ez zone ed"( pas) On the other hand, everybody agrees that such orchestras on tournée shall only be supported by the unions of the countries visited in the event that the members of the orchestra in question are, in the majority, affiliated to FIM. While discussing paragraphs 34-37, the question arises whether FIM should be represented at the Congress that is to take place at Bad Aussee, in July, under the auspices of UNESCO, for the consideration of educational problems of professional musicians. On Leuzinger's suggestion, the Congress decides unanimously: ( 256)" In the event that a delegate of unions affiliated to FIM attends the Congress of music teachers in Brussels, he shall give that Congress the compliments of FIM. The Austrian delegate at the Aussee Conference for the consideration of educational problems of professional musicians,( July, 1953) shall ed represent FIM as well." ( Confirmation of the decision taken by the Executive Committee) ( 257)" The Report of Activity of the Executive Committee of FIM on the first ordinary business period( Autumn 1949- Spring 1953) is approved and its author, Mr. R. Leuzinger, given best thanks." 17) Polls for the forthcoming business period of FIM a) Election of the President and b) Election of the Vice- President Tucker presents to the Congress the motions moved by the Elections Committee, to the effect that the former Presidium be re- elected. Hedlund suggests, on his own behalf, to substitute Lahaye to the former President Mantovani. The Congress decides unanimously: Vice ( 258)" The Presidium of the Executive Committee for the Second Ordinary Business Period of the International Federation of Musicians is composed of Messrs. Hardie Ratcliffe( President), Sven Wassmouth and Joseph Lahaye( Vice- Presidents)." 18) Distribution of the remaining seats on the Executive Committee and fixation of the seat of the General Secretariat for the forthcoming business period of FIM. Len Tucker speaks on behalf of the Elections Committee and states that the latter suggests to the Congress to maintain the same distribution of seats as formerly. FIM is being involved in too delicate and important problems and a changement in the Executive Committee would entail too many drawbacks. Priess would prefer that, on principle, only the country that delegates the President should be entitled to have two members in the Executive Committee. Dr. Russ thinks that this suggestion only hints at Austria and urges upon the Congress not to approve it, all the more than his( Dr. Russ's) organization has brought many a sacrifice for FIM. In the poll, Priess's proposal is rejected by 8 to 7 votes. The Congress subsequently decides with 10 against 6 votes: ( 259)" During the second ordinary business period of FIM, Great Britain, Italy and Norway shall hold one seat, Austria two seats in the Is Executive Committee." The Congress decides unanimously: - 35- ( 260)" The General Secretariat shall have its seat, as hitherto, in [ Leds Switzerland." ed vino redmen edd Dr. Hauser states that, in future, the Swiss delegation will oppose any further enlargement of the Executive Committee, but will, on the other hand, urge upon the next Congress that the seats in the Executive Committee be distributed among as many unions as possible. To as 19) Miscellaneous A) Further procedure with regard to the Rome Draft Convention Ratcliffe states that he has discussed with various delegates to the Congress the need of drafting a resolution relating to the further policy in respect to the realization of an international convention for the protection of performers, of record manufacturers and broadcasting organizations. The Congress wholly agrees with the speaker and decides unanimously to lay the below resolutions before the International Labour Office and the Office of the Berne Union: ( 261)" The International Federation of Musicians has noticed again, during its second ordinary Congress, taking place from April 22nd- 28th, 1953 in Düsseldorf, that mechanized music is a great prejudice to the musical profession of the whole world. The Federation acknowledged the reports on the work of the Joint Expert Committee- convened by the International Union for the protection of literary and artistic works( Berne Union) to Rome from 12th to 17th November, 1951 as well as of the Second Session of the ILO Advisory Committee for Employees and Professional Workers, that was held from February 18th to March 1st, 1952 in Geneva. The International Federation of Musicians expresses its amazement at the fact that it has taken as long as a whole year before the wording of the draft convention for the protection of the rights of performers, record manufacturers and broadcasting organizations, approved on November 17th, 1951, in Rome, by the Joint Expert Committee, as well as the resolutions, relating to the draft convention and the further policy in this matter, taken by the ILO Advisory Committee for Employees and Professional Workers at the Second Session of March 1st, 1952, was laid before Governments for their consideration and expression of their opinion. boeg aasazaud The International Federation of Musicians urges upon the International Labour Office and the Office of the Berne Union to make arrangements to the effect that their preparatory work for convening a diplomatic conference for the discussion of the draft convention in question is hastened and the afore mentioned conference convened as soon as possible." vad of be ( 262)" The International Federation of Musicians has noticed- at its second ordinary Congress of April 22th- 28th, 1953, in Düsseldorf, Lago that the decision taken, on March 1st, 1952, by the ILO Advisory 01 Committee for Employees and Professional Workers, at its Second Session, relating to the problems of occupation and unemployment of performers, has not been complied with at all, hitherto, on the national sphere. The Federation dwells once more on the utmost emergency of considering the problems relating to technological unemployment that performing artists have to undergo. The Federation - 36- national sphere. The Federation dwells once more on the utmost emergency of considering the problems relating to technological unemployment that performing artists have to undergo. The Federation urges upon the International Labour Office to convince its member nations of the absolute urgency to deal with this problem at their earliest convenience." B) The situation of the German musicians' union Bernbacher urges upon the Congress to support the DMV( Deutscher MusikerVerband) in its endeavours to re- establish a unified musicians' union in Germany and asks that the below resolution, suggested by the speaker, be approved by the Congress. The Congress complies unanimously with this wish: ( 263)" The unions affiliated to the International Federation of Musicians deeply regret the split that occurred within the German musicians' union. The Congress recommends to its members to take such measures are likely to support the German musicians' union in its struggle for unification at its best." C) Relations of FIM to the American Federation of Musicians Wassmouth reminds the Congress of the financial support that the American Federation of Musicians had granted to our Federation and invites the Congress to entrust the Executive Committee with the task of extending to President James C. Petrillo best thanks and wishes for the support received. The Congress decides unanimously: ( 264)" The President and the General Secretary of FIM shall extend to the President of the Amercian Federation of Musicians best thanks and greetings of this Congress to his Federation." D) Duty of affiliated unions to report to the General Secretariat of FIM Bernbacher points out how very important it is that the single affiliates report regularly to FIM as to what is occurring in other countries. He invites the various delegations to send the Secretariat the periodical reports, provided by the Rules, in due time. Ratcliffe extends, on behalf of the Congress, hearty thanks to the German musicians' union( DMV) for the preparatory work and the organization of the Congress and invites the Union to transmit his gratitude to the German Trade Union as well for kindly offering the Congress Hall and making arrangements to have meals in the canteen. The speaker also thanks the Secretariat for the considerable amount of work accomplished during the past years, partly under difficult circumstances. He particularly mentions the thriftiness of the FIM Office. The President equally expresses his gratitude to his colleagues of the Executive Committee who ever endeavoured to facilitate work for him and furthered the meetings of the Committee thanks to their loyalty and ob-. jectivity. Finally, the five interpreters were asked to come out of their cabins and the Congress cheered them heartily for their work. Encl. Budget r- Sch/ 65/ FK R. Leuzinger - 36national sphere. The Federation dwells once more on the utmost emergency of considering the problems relating to technological unemployment that performing artists have to undergo. The Federation urges upon the International Labour Office to convince its member nations of the absolute urgency to deal with this problem at their B) The Bernbac Verband Germany 15 17 approve The Con ( 263)"= C) Rela Wassmou Federat Congres to Pres receive ( 264)" D) Duty Bernbac report invites reports Ratclif musicia Congres Trade U arrange Secreta past ye the thr The Pre Executi further 13 ZL 8 7 5 3 9 5 2 Centimetres : Inches jectivity. Sachverständigen- Zubehör.de Grey Black # 5B5B5B Color chart 000000# Blue Cyan Green Yellow Red Magenta White # C9C9FF # 0000FF # C0E5FC # 009FFF # 759675 # FFFFC7 # 008B00 # FFFF00 # FFC9C9 # FF0000 # FFC9FF # FF00FF #FFFFFF # 9D9E9E # D9DADA 17 10 11 12 13 14 15 16 6 8 9 S 2 2 3 4 Centimetres Inches C Y M Ե ChanKS CO Grayscale Sachverständigen- Zubehör.de 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 100% 50% 18% 0% kerh in be cians Lans' asures truggle rican e g 60 t anks FIM Lates He al erman of the an he the entions e and their loyalty and obFinally, the five interprèters were asked to come out of their cabins and the Congress cheered them heartily for their work. Encl. Budget r- Sch/ 65/ FK R. Leuzinger Budget for the second ordinary business period of the INTERNATIONAL FEDERATION OF MUSICIANS, October 1st, 1952- September 30th, 1955, approved by the second ordinary Congress of FIM, from April 22nd to 28th, 1953, in Düsseldorf. Accounts Budget annually/ 1952-55 Account 3 Goods and chattels 1.- 4. Office furniture, typewriters, dictionaries, etc. Sw.Fr. 2000.-Sw.Fr. 400.-- 4400.-8400.-328. 8728.9- 872. 9600.-- 14000.-Account 6/ Expenditure 1.-. 2.A. Rent, heating, cleaning, light Fixed salaries: R. Leuzinger real wage 10% bonus 4000.-G. Schnering real wage children allowance 10% bonus Salaries for assistants 2.B. 250.-3.. Translations, reproductions 700.-4.-. Office equipment and charges 400.-5.-. Post, telegraph, telephone 1200.-6.A. FIM, meetings of the Executive Committee( incl. B- accounts) 7000.-6.B. Other meetings 1500.-+ allowance for R. Leuzinger for possible substitutions, up to 600.-2100.-6.C. Representation expenditure ( incl. contribution fee for CIM) 200.-7.-. AHV( old- age insurance) 300.-8.-. Banking expenses, interests 300.-9.A. Ordinary FIM congresses ( distributed over 3 years) 2000.-9.B. Extraordinary FIM congresses 10.-. Legal advice, etc. 1000.-Sw. Fr. 31450.-Sw. Fr. 31450.-Total Sw.Fr. 31450.-Zch, 15.9.1953 Sch- 65( FK) " 11 11 11 " = 11 H 11 11 #