Media Agreement 2009 - American Guild of Musical Artists

AMERICAN GUILD OF MUSICAL ARTISTS
1430 Broadway, New York, NY 10018 – 212-265-3687 ext. 449 – Fax: 212-262-9088
Affiliated with the AFL-CIO, Branch of Associated Actors and Artistes of America
AGMA & NYCB
MEDIA AGREEMENT
August 18, 2009
This Agreement details the agreement between NYCB and AGMA regarding media
activities of AGMA-represented Dancers, Narrators, Singers, Choreographers, Stage
Managers, Stage Directors and their Assistants (hereinafter, ‘ARTIST’ or ‘ARTISTS’ as
the context requires) when employed by or on behalf of the New York City Ballet. The
scope of this Agreement is when all or part of the ‘capturable aspects’ of ARTISTS’
employment activities for, or on behalf of, NYCB are ‘captured and/or ‘released’, as
those terms are defined in Section I. C and I below:
It is agreed that the provisions in this agreement will be incorporated into the Basic
Agreement and that Paragraph 31 FILMING, BROADCASTING, TELEVISING, ETC.
in the Basic Agreement will be deleted and replaced with this Media Agreement.
This Agreement only covers media activities when NYCB is the producer and owner of
the work created, which is for NYCB’s own benefit and such activities are part of
NYCB’s regularly scheduled season performances, rehearsals, and ancillary activities.
This Agreement does not cover situations where a third-party is producing the media
product (unless as a “work for hire” for NYCB), nor does it cover:
Media product created from activities captured during Live From Lincoln Center or a
similar television program or by a third-party producer who already has an agreement
covering such activities.
SECTION I. DEFINITIONS
A. “Archival Use” means any Captured rehearsal or performance audio/visual
material used for the purpose of recreating, restaging, restudying and recording
for the archives, the choreography of the ballets or included as part of a
submission for a grant or funding request.
1. All rehearsal and performance audio/visual material defined as Archival
under previous collective bargaining agreements and existing prior to
August 30, 2008 and material Captured in an Archival Capture (defined
below) may be used only for Archival Uses. Such material will not be
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Released for Promotional or Exploitation purposes without the express
permission of AGMA.
2. All Captures of dancing activity including Entitled Captures and Captures
of Rehearsals for the purpose of Promotion and Exploitation may also be
used for Archival Uses.
B. “Archival Capture” means the Capture of any dancing activity where the
EMPLOYER is not required to provide advance notification or additional
compensation for the purpose of Capturing audio/visual material which shall then
be restricted to the exclusive use for Archival purposes only as defined above. An
announcement will be made to the ARTISTS at the time of Capture that such
Capture is for Archival purposes.
C. “Capture” means the recording or preservation, by any means now known or
hereafter devised, of ARTISTS employment activity covered under this Media
Agreement.
D. “Captured Material” means the material (whether aural or visual) created as the
result of a Capture.
E. “Entitled Capture” See Entitled Captures under Rights Granted Section IV.A.
F. “Exploitation” means any Release of Captured Material that is not Archival or
Promotional.
G. “Net Revenue” shall be defined as any and all revenue that is received by the
EMPLOYER from any and all Exploitation released or re-released on or after the
date of execution of this Media Agreement, which shall be calculated from first
unit sold, after EMPLOYER recoups its direct release costs, which are defined in
[subparagraphs (a) – (d)] below.
a. Production Costs: Production costs are all sums customarily
included as part of the production budget of the Capture and
editing of audio or audiovisual production material for Release and
including amounts actually paid by New York City Ballet.
b. Distribution Costs and Fees: Distribution costs are the actual costs
of distributing the Captured Material, and include, for example, the
creation and shipment of delivery materials; contingent payments,
such as payments to music publishers, composers with respect to
copyrighted music, and costs of manufacturing materials for
distribution.
c. No Cross-Collateralization Among Exploited Captures: The New
York City Ballet will not cross-collateralize costs or revenue
among exploited Captures. Thus, net revenues from one production
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would not be applied to recoup a production deficit on another
production.
d. Excluded Costs: It is expressly agreed that the following costs shall
not be included in either Production costs or Distribution costs: (i)
the costs of construction in the David H. Koch Theater (DHK
THEATER): (ii) the costs of purchasing, installing, maintaining or
operating equipment used to capture material or edit Captures: (iii)
compensation paid to New York City Ballet employees unless such
compensation is for production personnel hired on a per production
basis or at an incremental cost to New York city Ballet.
H. “Promotional” means any use of Captured Material by NYCB that is not Archival
for promotional, publicity, audience building, or educational purposes where
NYCB receives no compensation nor are any direct viewing fees, such as payper-view
fees, paid by viewers.
I. “Release” means any non-Archival exploitation, distribution, broadcast,
simulcast, telecasting, airing, transmission, showing, exhibiting, sale, barter,
gifting, sharing, delivery, dispersal, dissemination, licensing, streaming,
downloading, uploading, relaying, utilization, or other use in any media by any
means or manner now in existence or hereinafter developed, invented or
discovered, directly or indirectly, by or on behalf of the EMPLOYER.
SECTION II. ANNUAL MEDIA PAYMENTS
A.
B.
Media Payments Are In Addition to Compensation
It is understood and agreed that the ANNUAL MEDIA PAYMENT (defined
below) set forth herein is solely for the additional permissions and licenses
granted in this Agreement and, as such, are in addition to any compensation
otherwise due to ARTISTS pursuant to the Basic Agreement or in any individual
agreement with any ARTIST. It is further understood and agreed that the
ANNUAL MEDIA PAYMENT is in addition to any overscale compensation paid
to any ARTIST and will not be used as an offset for any such compensation;
ARTISTS Employed on a Guaranteed Employment Basis
During the 2009-2010 contract year, the EMPLOYER shall pay to each ARTIST
employed on a Guaranteed Employment basis an ANNUAL MEDIA PAYMENT
equal to one (1) week of the individual ARTIS’S contracted Performance Week
compensation for that contract year.
During the 2010-2011 contract year and on every subsequent contract year during
the Term of this Agreement, the EMPLOYER shall pay to each ARTIST
employed on a Guaranteed Employment basis an ANNUAL MEDIA PAYMENT
equal to two (2) weeks of the individual ARTIST’S contracted Performance Week
compensation for that contract year and an additional $300.00 paid to the
ARTIST’S individual AGMA Health Insurance Plan, Plan B account.
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C. Schedule of Payments
1. The initial Annual Media Payment for the 2009-10 contract year will be
paid no later than the Friday of the last Performance Week of the New
York City spring season. The Annual Media Payment for subsequent
contract years will be divided into two (2) payments. The first payment
will be paid pro rated according to the length of the New York City winter
season and distributed to the Artists not later than the Friday of the last
Performance Week of that Season. The second distribution will be paid
pro rated according to the length of the New York City spring season and
distributed to the Artists not later than Friday following the last
Performance Week of that season. The payment to the ARTISTS’S
individual Plan B health insurance account will be made no later than the
Friday of the first Rehearsal Week of the contract year.
2. In the event an Artist employed on a guaranteed basis is engaged for less
than the total length of the winter or spring New York season, then such
Artist will be compensated their Annual Media Payment pro rated
according to the length of time during which they were engaged for that
season.
D.
ARTISTS Employed on a Per Performance or Weekly Basis
At the beginning of any such ARTIST’S employment the EMPLOYER shall pay
each Per Performance or Weekly ARTIST who participates in any Capture an
additional two and a half percent 2.5% of their total contracted salary for any
activity in which the ARTIST participates and that was actually Captured in the
first year of the Media Agreement and five percent (5%) in each subsequent year
of the Media Agreement.
SECTION III. CONTINGENT ADDITIONAL MEDIA PAYMENTS
A.
B.
Revenue Share Pool
EMPLOYER shall create a revenue sharing pool, which shall be equal to fifty
percent (50%) of Net Revenue (the “Pool”) from Exploitation of Captured
Material that shall be distributed amongst participants eligible for revenue
sharing.
Additional Media Payments
The ARTISTS’ share of the Pool (the “ADDITIONAL MEDIA PAYMENTS”)
set forth below is in addition to, and not in lieu of, any compensation otherwise
due to any ARTIST pursuant to the Basic Agreement, or in any individual
agreement with any ARTIST, or any ANNUAL MEDIA PAYMENTS. All
ADDITIONAL MEDIA PAYMENTS are in addition to any overscale or other
compensation paid to any ARTIST and will not be used as an offset to such
payments.
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C.
D.
E.
ARTISTS Employed on a Guaranteed Employment Basis
Each such ARTIST is entitled to ADDITIONAL MEDIA PAYMENTS for 1)
participation in Net Revenue derived from all Exploitation while such ARTIST is
employed by the EMPLOYER, and 2) continued participation in Net Revenue
derived from all Exploitation for as many years as such ARTIST was employed
by EMPLOYER up to a maximum of five (5) years following termination of
employment with the EMPLOYER.
ARTISTS Employed on a Per Performance or Weekly Basis
ADDITIONAL MEDIA PAYMENTS for ARTISTS on a Weekly or Per
Performance employment basis who participates in any Capture will be paid a one
time only buy-out payment of an additional two and a half percent (2.5%) during
the 2009-2010 contract year and five percent (5%) in each subsequent contract
year of their total contracted salary for the period of any Captures Exploited in
lieu of such continued participation.
Participation in Net Revenue for ARTISTS on a Guaranteed Employment Basis
Participation in net revenue derived from all Exploitation of Captures while the
ARTIST is employed by the EMPLOYER and for up to an additional five (5)
years following the termination of employment shall be distributed amongst the
AGMA ARTISTS according to the following:
1. Forty percent (40%) of the Pool will be distributed among AGMA
members based on the Payment of Shares defined in Section III.E.2 below.
In no event shall the AGMA ARTISTS’ percentage of the Pool be less
than the largest percentage of any other group or party receiving a share of
Net Revenues unless such pool distributions are for Exploitation that does
not involve AGMA ARTISTS.
2. Payment of Shares – ADDITIONAL MEDIA PAYMENTS will be paid
according to the ARTIST’S category and most current employment rank
and seniority as defined below.
a. Payment Shares (Dancers)
Rank
Shares
Principal dancer with 4 or more
5
years seniority at Principal rank
Principal Dancer with less than
4
four (4) years of seniority at the
Principal rank.
Soloist 3
Level D Corps 2
Levels A-C Corps + Apprentices 1
b. Payment Shares (Stage Managers)
Rank
Shares
Stage Manager 3.5
Assistant Stage Manager 3.5
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NYCB receives $10,000 in Net Profits. 50% of $10,000 = $5,000 and is placed into a
“Pool”. 40% of the “Pool” is paid to AGMA ARTISTS 40% of $5,000 = $2,000
Possible Company Roster
10 Principal Dancer with four years of seniority (10 X 5 shares) = 50 shares
10 principal Dancer with less than 4 years seniority (10 X 4 shares) = 40 shares
10 Soloist Dancer (10 X 3 shares) = 30 shares
25 Level D Corps members (25 X 2 shares) = 50 shares
40 corps members below Level D (40 X 1 share) = 40 shares
10 corps members no longer employed (within 5 yr) (10 X 1 Share) = 10 shares
4 Stage Managers (4 X 3.5 shares)= 14 shares
Total number of shares = 234 shares
Distribution
$2,000 from the “pool” is divided into 234 shares = ($2,000/ 234) = $8.55 per Share
The Dollar amount per share is then divided amongst the ARTISTS.
Principal Dancer with four years of seniority (5 X $8.55) = $42.75 per Dancer
Principal Dancer with less than 4 years seniority (4 X $8.55) = $34.20 per Dancer
Soloist Dancer
(3 X $8.55) = $25.65 per Dancer
Level D Corps members
(2 X $8.55) = $17.10 per Dancer
Corps members below Level D
(1 X $8.55) = $8.55 per Dancer
Corps member no longer employed (within 5 yr) (1 X $8.55) = $8.55 per Dancer
Stage Manager
(3.5 X $8.55) = $29.93 per Stage Manager
3. Schedule of Payment – No later than August 31st of each year, the
EMPLOYER will distribute to each ARTIST employed or previously
employed on a Guaranteed Employment Basis, and eligible for an
ADDITIONAL MEDIA PAYMENT, an annual payment based on the
Payment of Shares defined in this Section III.E.2 above.
SECTION IV. RIGHTS GRANTED
A.
B.
Entitled Captures
In consideration of the ANNUAL MEDIA PAYMENT and any ADDITIONAL
MEDIA PAYMENTS that may become due, the EMPLOYER is permitted to
Capture, in whole or in part: 1) not more than one (1) final “complete” stage
Rehearsal or final stage Dress Rehearsal at the David H. Koch THEATER for
each ballet (including The Nutcracker) that is scheduled to be performed within
the winter and spring DHK THEATER seasons; 2) all live performances
(including The Nutcracker) performed during the winter and spring DHK
THEATER seasons; and 3) non-stage activities as set forth in this Agreement
(collectively the “Entitled Captures”).
No Capture Used for Discipline
It is expressly understood and agreed that no Capture may be utilized, directly or
indirectly, to evaluate, discipline, discharge, re-engage or not re-engage an
ARTIST.
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C.
D.
E.
F.
Exploitation
In addition, AGMA and the ARTISTS covered hereunder grant the EMPLOYER
the right to Exploit all Entitled Captures in accordance with the provisions of this
Agreement.
Promotional
The EMPLOYER may use Captured Material that is not Archival for any
Promotional Use in any and all media, whether now existing or hereafter devised.
Rights, Title and Interest
AGMA and the ARTISTS acknowledge and, with regard to all Captures provided
for, agree that all rights, title and interest herein, including without limitation,
copyright throughout the world, belong solely to the EMPLOYER.
Assignment of Rights
No sale, transfer, or assignment of the right, title, and interest in, and to, the
Captures shall relieve the EMPLOYER of its obligations set forth herein, or
otherwise, without the express agreement of AGMA.
SECTION V. CONDITIONS OF CAPTURES
All Captures will be limited by the conditions set forth in this Section V
A.
Limits and Conditions for the Capture on the DHK THEATER Stage
ENTITLED CAPTURES may take place under the following conditions:
1. The EMPLOYER agrees that only ballets which are being performed
during the then current season may be captured.
2. With the exception of a scheduled DHK THEATER stage Dress
Rehearsal, or any other rehearsal ordinarily calling for costumes, all
NYST stage Rehearsals will be taken in practice clothes and under
rehearsal studio conditions.
3. No ARTIST will be required to engage in any activities other than normal
Performance and Rehearsal activities during the Capture of a Rehearsal or
Performance or be required to alter these activities in order to
accommodate the process of Capture.
4. The EMPLOYER may capture the voice of a Singer ARTIST during one
(1) final “complete” stage rehearsal and Performances as defined in
Section IV.A above. In the case of singing and/or speaking roles
performed by Dancer ARTISTS, the ARTIST’S voice may be captured
during Performance but will not be captured during any Rehearsal.
a. In the event a technical problem occurs during the Capture of a
Performance, the EMPLOYER may schedule a “patch” session
with the ARTIST so that their voice may be captured for the
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purposes of correcting such technical problems from the original
performance Capture. Such “patch” session will be scheduled
during regular work hours and credited and compensated at the
regular overtime rate according to the Basic Agreement.
5. All onstage cameras capturing the ARTISTS will be in fixed locations and
no handheld cameras will be utilized in the wings between the “curtain
legs” during Rehearsal and/or Performance with the following exceptions:
a. For not more than six (6) times during the winter season and not
more than six (6) times during the spring season, the EMPLOYER
may place one (1) cameraman in the wing space in between the
“curtain legs” for the purpose of capturing both the final stage
rehearsal and Performance. The placement of the cameramen in
the wings for a stage rehearsal of a Performance which will include
a cameraman in the wings shall not be counted against limit
defined above.
b. In the event that the final stage rehearsal of a performance is not
scheduled to be Captured by a cameraman in the wings, the
cameraman or a member of the NYCB New Media department,
acting as a stand-in, will be required to attend the final stage
rehearsal of the ballet and demonstrate to the Artists where the
cameraman will be positioned during the performance. Failure of
the cameraman or stand-in to attend and indicate his various
placements during the final stage rehearsal will prohibit the
EMPLOYER from placing a cameraman in the wings during that
Performance.
c. The ARTISTS will be notified according to the notification
procedures defined below in Section V.7 when a cameraman will
be present in the wings.
d. The cameraman will focus his camera on the stage performing
space for the purpose of capturing the dancing activity of the
Rehearsal or Performance and will not focus his camera on any
individual ARTIST(S) in the wings and they will not be the center
focus of any capture while located in the wings. Although, it is
understood that ARTISTS may appear in the background of a
capture while located in the wings.
e. In the event the EMPLOYER anticipates an additional special
Performance during which a cameraman is to be placed in the wing
space beyond the limits defined above, a waiver request may be
submitted in writing to the AGMA Committee to do so not less
than fifteen (15) days in advance of such event.
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f. Following the New York City spring season in each year of this
Media Agreement the EMPLOYER shall be entitled, by notifying
AGMA not later than the conclusion of the spring season to reopen
this Agreement for the purpose of negotiating the limited number
of times a cameraman can be placed in the wings. In the event that
the parties are unable to reach agreement on this issue by the end
of the contract year then the provisions of Section V.5.a. limiting
the number of cameraman placements in the wings will remain in
effect for the subsequent contract year.
g. The Stage Manger will have the authority to direct or change the
placement of the cameraman during any Rehearsal or Performance.
h. The cameraman will cover any lights on the camera which may be
visible to the ARTISTS.
6. With the exception of the standard camera used to provide simulcasts to
video monitors within the DHK THEATER, no additional cameras will
simulcast within the theater except during Performances.
7. ARTISTS will be notified of when they will be captured according to the
following:
a. All ARTISTS will be notified not less than nine (9) calendar days
prior to the Capture of a Performance. Such notification will
appear on the posted performance casting and include notification
if a cameraman will be placed in the wings in that event. Failure to
notify the ARTIST of capturing nine (9) calendar days prior to a
performance will prohibit the EMPLOYER from capturing such
Performance. Failure to include notification that a cameraman will
be placed in the wings will prohibit the EMPLOYER from placing
such cameraman in the wings.
b. All ARTISTS will be notified no later than two (2) days in
advance, stated on the daily posted rehearsal schedule, of a Capture
of a DHK THEATER stage Rehearsal. The posted schedule will
include notification of which ballet is to be Captured and if a
cameraman will be placed in the wings. The specific details
including location, time and required attendees will be stated on
the following day’s posted rehearsal schedule one (1) day prior to
the Capture of a DHK THEATER stage Rehearsal. Failure to
initially notify the ARTISTS of capturing two (2) days prior to a
Rehearsal will prohibit the EMPLOYER from capturing such
Rehearsal. Failure to include notification that a cameraman will be
placed in the wings will prohibit the EMPLOYER from placing
such cameraman in the wings.
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c. An indication light will be located in the back stage right and back
stage left area which will be illuminated during the period of time
any Capture is occurring for the purpose of notifying the ARTISTS
when capturing is taking place on the DHK THEATER stage.
B.
Limits and Conditions for Rehearsals
The EMPLOYER may capture an ARTIST engaged in dance activities that are
conducted in areas including the DHK THEATER stage, DHK THEATER
studios and the Rose Building studios in addition to the one (1) final “complete”
stage rehearsal and Performances as defined in Section IV.A. under the following
conditions:
1. With the exception of Archival material and Entitled Captures, any
Capture of a Rehearsal following ten (10) non-consecutive days in the
winter or the spring season during which any Capturing of Rehearsals
occurs in a rehearsal day, each ARTIST will be paid an amount equal to
one hour of Overtime for each additional Captured Rehearsal in which
they participate. Such payment will be calculated and paid per Capture of
a scheduled Rehearsal regardless of the Rehearsal length and be paid to
the ARTISTS at the same time as their regular Overtime/Penalty payments
are distributed.
2. All ARTISTS will be notified no later than two (2) days in advance, stated
on the daily posted rehearsal schedule, of a Capture of a dance activity.
The specific details including location, time and required attendees will be
stated on the following day’s posted rehearsal schedule one (1) day prior
to the Capture. Failure to initially notify the ARTISTS of capturing two
(2) days prior to a Rehearsal will prohibit the EMPLOYER from capturing
such Rehearsal. In the event of a stage rehearsal, failure to include
notification that a cameraman will be placed in the wings will prohibit the
EMPLOYER from placing such cameraman in the wings.
3. Unless otherwise called for as part of the regular rehearsal, all such
Capture must be taken in practice clothes and under rehearsal studio
conditions.
4. For any Capture of a Rehearsal other than for Archival Use and the one (1)
final “complete” stage rehearsal defined in Section IV.A., the
EMPLOYER will secure agreement in advance of Capture from ARTISTS
rehearsing roles listed on principal casting and Principal dancers will have
the right to discuss the use of this material with management.
5. No ARTIST will be required to engage in any activities other than normal
Performance and Rehearsal activities during the Capture of a Rehearsal or
Performance or be required to alter these activities in order to
accommodate the process of Capture.
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C.
Capture of Non-Dancing Activities
The EMPLOYER may request the ARTIST(s) to participate in the Capture of the
other, non-dancing activity not already defined above (e.g. interviews, preparation
for performance including warm up and applying makeup) but the ARTIST will
not be obligated to agree to participation. Capture of non-dancing activities will
be conducted under the following conditions:
1. The EMPLOYER will make a request of the ARTIST individually to
Capture non-dancing activity as far in advance of such Capture as
possible. Such request will identify the location of the Capture and what
non-dancing activity is being requested for Capture.
2. All requests to Capture the ARTIST in non-dancing activity will be made
by members of the NYCB New Media Department or the Press
Department.
3. Best Efforts will be made to schedule all Captures of non-dancing activity
during work hours.
4. In the event that an ARTIST agrees to participate in the Capture of nondancing
activity scheduled on a Free Day, such individual ARTIST’S
participation in Capture will be limited to not more than two (2) hours.
Should technical difficulties occur, the ARTIST’S participation may
continue for not more than an additional one half (1/2) hour.
5. With the exception of photo shoots defined in Section 34 of the Basic
Agreement, the EMPLOYER is prohibited from requesting that an
ARTIST engage in dancing activity on a Free Day during participation in
a Capture.
6. The EMPLOYER is prohibited from engaging in a capture in the third and
fourth floor Corps ARTIST’S dressing room.
7. Beginning at the one half (1/2) hour call and during a Performance
(including intermissions), the EMPLOYER is prohibited from capturing
an ARTIST in the ladies stage right costume room (“Green Room”) and
the Men’s 3 rd floor costume room..
8. In the event the EMPLOYER engages in a capture located in a well
traveled area, the cameraman will focus his camera on the individual
ARTIST(S) that has approved to be captured. Although, it is understood
that ARTISTS may inadvertently appear in the background of a capture
and such inadvertent appearance will not require additional compensation
to that ARTIST.
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D.
Artist Review of a Capture
In the event that an ARTIST requests to review any Capture and discuss its use
with the EMPLOYER, with the exception of Captures of Performances and
Archival material. The EMPLOYER will grant such request under the following
conditions:
1. The ARTIST will notify the EMPLOYER within seven (7) days
immediately following when the Capture occurred that they request to
view such Capture.
2. The EMPLOYER will schedule a viewing of the Capture no later than
fourteen (14) days following the ARTIST’S request.
3. The EMPLOYER agrees to discuss the intended use of such Capture with
the ARTIST and give due consideration to any objections to how such
Capture is intended to be used.
4. In the event of any disagreement concerning the use of a Capture other
than a Performance Capture arises, the AGMA Committee will meet to
resolve any such disagreement.
5. In the event a third party (e.g. a television news program) requests to show
a Capture prior to the seven (7) day ARTIST review period provision
above, then a notification of Release detailing what capture is to be
released will be posted on the daily rehearsal call board and emailed to the
ARTISTS. The ARTIST will have not less than forty (48) hours from the
time of the release posting during which to an ARTIST may request to
review the capture, view the capture and raise any objection. In the event
the ARTIST’S objection can not be resolved during that time, the
EMPLOYER will be prohibited from Releasing the parts of the capture in
which the objecting ARTIST appears. The AGMA Committee will meet
thereafter to resolve the future use of the Capture.
E.
Capturing for A Local Television News Release
Captures may be made for release on a local newscast, or a "magazine-format",
"hard", or "soft" news program without additional payment to ARTISTS, under
the following conditions:
1. Notice - Best efforts will be made to file the performers' written consent at
the AGMA Office one (1) week prior to any capturing. In addition, best
efforts will be made to give at least twenty-four (24) hours' advance
written notice to the performers and the director or choreographer prior to
the actual capturing.
2. If, due to time constraints, it is not possible to file written consent at
AGMA and/or to post written notice at the theater within the timeframes
outlined above, written notice will be given to AGMA, the performers,
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and the director or choreographer as much in advance of the actual
capturing as possible.
3. No ballet may be captured in its entirety.
4. No more than three (3) minutes of the captured scene shall be used on a
Local News Cast or a news program of "hard" or "soft" news.
5. No more than fifteen (15) minutes of the captured coverage shall be used
on a "magazine-format" news program.
6. No payment for the performers shall be required, provided no payments
are made to any other personnel employed in the production.
7. The three (3) minute news clip and the balance of the captured sequence
shall be destroyed after its use. Certification shall be given to AGMA that
this has been done.
8. If there is any violation of any of the above listed regulations, or if the
news clip is used or taken in any manner other than herein expressly
authorized, the appropriate rates and conditions of SAG or AFTRA,
whichever medium is used, shall prevail.
9. For all Releases under this Section V.E., the notice provisions set forth in
Sections V.A.7.b. and V.B.2., the limits and payments set forth in Sections
V.B.1. and V.C. and the review procedure set forth in Section V.D. shall
not apply.
F.
G.
Documentary
With the exception of Archival Uses and Promotional Uses, up to three (3)
minutes of new or existing audio-video material may be used in a Documentary
program (not otherwise covered by this agreement) at no additional compensation
to the ARTISTS.
Capturing Outside The City Of Origination
With the exception of Capture for Archival Uses, the EMPLOYER will notify
AGMA as soon as possible but not later than sixty (60) days prior to a tour of its
intention to capture the ARTISTS outside of the City of Origination. The
EMPLOYER and the AGMA Committee will immediately meet thereafter to
discuss the terms and conditions related to the Capture of the ARTISTS on tour,
including but not limited to what dancing and non-dancing activity may be
captured.
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SECTION VI. OTHER PROVISIONS
A.
B.
C.
D.
AGMA Committee Meetings on Media
It is understood that this Media Agreement is an experimental agreement which
may require frequent meetings of the AGMA Committee to discuss media issues
and it is agreed that the AGMA Committee will meet as often as necessary but no
less than one (1) time per each winter season and no less than one (1) time per
each spring season to discuss media issues.
Distribution of Releases to ARTISTS
The EMPLOYER will provide, at no cost to each ARTIST employed on a
Guaranteed Employment Basis and to AGMA, one (1) DVD copy of any
Exploitation Release. In addition, the EMPLOYER will provide to the ARTISTS
employed on a Guaranteed Employment Basis one DVD copy of any Promotional
Use that has a runtime of fifteen (15) minutes or longer. The ARTIST may
request a DVD copy of any other Release not identified in this Section VI.B and
the EMPLOYER will not unreasonably deny such request. Neither the ARTIST
nor AGMA will distribute such Release.
Release of Liability
Except as set forth herein, ARTIST and the EMPLOYER hereby release each
other from claims, damages, liabilities, costs and expenses arising out of such
Captures or Releases.
New York Public Library for the Performing Arts
The New York Public Library for the Performing Arts shall be allowed to Capture
for Archival Use the New York City Ballet at the David H. Koch Theatre for no
additional compensation to the ARTISTS. This may include the use of more than
one camera. These Captures are never to be distributed for commercial purposes.
The Dance Division will give one copy to the New York City Ballet. All
ARTISTS will receive written notification no later than twenty four (24) hours in
advance of filming.
E. AGMA Logo
1. The EMPLOYER will assure for itself, and make best efforts for any other
releasing entity, that the AGMA logo and a credit reading “New York
City Ballet Company Dancers are members of the American Guild of
Musical Artists AFL-CIO, the labor union representing professional
dancers, singers and staging personnel in the United States” will be
prominently included in all press releases and publications in connection
with any release, and on NYCB’s website in connection with any release,
covered by this Agreement.
2. On the roll of credits for any Release that has a credit roll and has a
runtime of fifteen (15) minutes or longer, the EMPLOYER will assure for
itself, and make best efforts for any other releasing entity, that an AGMA
credit that reads as follows will appear in an easily readable font for three
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seconds in the clear: The dancers, [singers, narrator, choreographers
(if applicable)] and staging personnel on this production appear
through the courtesy of the American Guild of Musical Artists, AFL-
CIO.
F.
Other Captures and Releases
AGMA and the EMPLOYER shall have agreed in advance with regard to the
terms, conditions and compensation for any Capture or Release of visual material
that is not covered by this Agreement as follows:
1. In the event projects are anticipated by the EMPLOYER which are not
specifically covered by this Agreement, the EMPLOYER agrees to notify
AGMA as early as it is known but not later than sixty (60) days prior to
the commencement of any such project. Thereafter,
2. the parties agree to meet and negotiate in good faith as to the proper wages
and working conditions applicable to such projects and no Capture shall
occur until AGMA and the EMPLOYER shall have agreed in advance
with regard to the terms, conditions and compensation for any such
Capture or Release.
G.
Consent
Pursuant to the terms of this Agreement and in the event that the EMPLOYER is
not in material breach of any aspect thereof, or of the collective bargaining
agreement, ARTISTS represented by AGMA shall be deemed to have consented
to the use of their name, image, voice and likeness for the purposes of Releases
captured pursuant to this Agreement.
H. Term of Agreement
1. The Term of this Agreement shall commence on nineteenth (19 th ) work
week of the 2009-2010 contract year and shall be incorporated into the
successor Basic Agreement commencing on September 1, 2010 and
become subject to the term of that successor Agreement.
2. In the last year of the successor Basic Agreement both parties shall be
entitled to terminate this Media Agreement. Notification of intention to
terminate this Media Agreement will be submitted in writing not later than
March 1 st in the final year of the successor Basic Agreement. Such
notification will include the party’s reason(s) for termination. Following
notification, both parties will meet not later than thirty (30) days to discuss
reason(s) for termination.
3. In the event of termination the following provisions will remain in effect:
a. The capture and use of Archival footage defined in Section I.A and
Section I.B definitions of Archival Use and Archival Capture.
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. All additional payments defined in Section III CONTINGENT
ADDITIONAL MEDIA PAYMENTS will remain in effect and
continue to those ARTISTS that were employed on a guaranteed
basis with the EMPLOYER during the term of the Media
Agreement.
c. For existing Captures Section IV.B. No Capture Used for
Discipline, Section IV.C Exploitation, Section IV.D. Promotional,
Section IV.E Rights, Title and Interest, Section IV.F. Assignment
of Rights will remain in effect
d. Section V.E. Capturing for a Local Television News Release,
Section V.F. Documentary, Section VI. OTHER PROVISION will
remain in effect.
For the American Guild of Musical
Artists:
For the New York City Ballet:
Alan S. Gordon
National Executive Director
Kenneth Tabachnick
General Manager
Date:_____________________
Date:_____________________
In the Presence of:
____________________________
Date:________________
In the Presence of
_____________________________
Date:_________________
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