Austin Wintory, whose score for Journey was the first ever video game soundtrack to be nominated for a Grammy, has taken to YouTube to bring attention to a situation he calls “untenable.”
The America Federation of Musicians notified Wintory in January that he had violated the terms of the union’s contract and was facing a possible fine “not less than $10 nor more than $50,000,” and possible expulsion from the union.
The description below his YouTube video begins “I, Austin Wintory, am facing a $50,000 fine from my own union,” The American Federation of Musicians.
Wintory’s most recent work was the soundtrack for the indie title The Banner Saga, and it was that work that brought forth the accusation of violating union by-laws. Wintory traveled to Dallas, TX, to record the score with the Dallas Wind Symphony. Texas is a “right-to-work” state, which means employers and unions are bound by government regulation that prevents them from excluding non-union workers, or from requiring employees to pay union dues to the union that negotiated their contract of employment.
In a statement to entertainment magazine Variety, Wintory said that he did not believe he was in violation of the AFM by-laws since his roles as a composer and music producer were not “covered or represented by the AFM.”
The article of the by-laws Wintory is accused of having infringed upon is Article 15, Section 3(a), which states that no AFM member may perform services “for the purpose of producing, editing, or dubbing recorded music except where expressly authorized and covered by a contract with the AFM or when expressly authorized by the AFM.”
The article of the union by-laws also states that roles under which members cannot perform services are “composer, arranger, copyist, proofreader, instrumentalist, leader, contractor, cutter, editor, or in any other capacity,” a caveat with a broad interpretation that may have landed Wintory in hot water.
The AFM’s contract with game studios was considered too restrictive by game publishers and as such, no AFM-represented musician has worked on game music since the contract went into effect.
All is not lost, however. Variety reports that the AFM has worked out a new contract with Microsoft, which AFM president Ray Hair hopes will serve as a template for future deals with other game studios.
When contacted by IGN, The AFM said that they don’t comment on internal matters.
