Contract 2007-2011 - American Guild of Musical Artists

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45.FINES(a) The Employer agrees to furnish, at semi-annual period to the AGMADelegate and AGMA a summary of fines assessed or collected from any Artist. All finescollected shall be paid into the Dancers’ Fund.Fines may be assessed by the Employer as follows:For tardiness at rehearsalsFor not signing inFor being late to warning for placesAll Artists shall be warned, but not fined, for the first two (2) infractions of the aboverules. Thereafter, for each infraction, the Artist shall be fined two percent (2%) ofhis/her individual weekly salary.(b) AGMA agrees that the Employer may reimburse itself from the amountof fines collected in a particular instance where the Employer has incurred expensessuch as rehearsal hall rental, piano rental and pianist’s fee, provided that the Employermay only reimburse itself for these expenses out of the fines levied at the time theseexpenses are incurred, i.e., the Employer may not use fines levied and collected at theearlier time to pay expenses incurred at a later date even though the fines collected atthe earlier time were not sufficient to cover the expenses then incurred and paid for.(c) The Employer agrees to submit to AGMA a detailed statement of thefines levied and collected and the amount of the expenses actually paid for in eachinstance in which the Employer wants to take advantage of sub-paragraph (b) above.(d)AGMA.Artists will not be subject to rules which have not been approved by46.FILMING, BROADCASTING, TELEVISING, ETC.Except as provided in (c), (d), and (e) below, the Employer shall not capture orrelease the work product of any Artist without the specific, advance, written consent ofthe Artist. AGMA, however shall consider the request of the Employer for a waiver ofthe foregoing provision, and the granting of such waiver shall not be unreasonablywithheld.(a) “Capture” means the recording on film, tape, digitally or by any othermeans or method or other transposition into permanent form of the work product ofany Artists employed by ABT. The capture of any material shall not be permitted underany circumstances unless at least forty-eight (48) hours’ advance notice has been givento the Artists involved (except where bona fide circumstances require that less thanforty-eight (48) hours’ notice be given, in which event no less than twenty-four (24)hours’ notice shall be given).(b) “Release” means the use, release, broadcast, sale, loan, licensing or anyother distribution, by any means or method, of captured material in any format in anymedia whatsoever.4847-3313-3571.10 44
(c) Study Films. The Employer may capture the work of Artists for studyfilms on regular rehearsal time under the following conditions:(1) All time spent in such filming shall be consideredas rehearsal time and paid for at the appropriate ratecontained in this Agreement.(2) The study films are to be used exclusively for thepurpose of recreating, restaging, restudying andrecording choreography and are to be used strictly as arecord by the Employer only.(3) The study films may be used by the Employer onlywith the consent of the “Owner of the Rights” to theballet, i.e., choreographer and/or ballet company.(4) The study films may not be used for commercialpurposes, theatrical exhibition or any purpose other thanspecifically provided herein.(5) All study film must be taken in practice clothesand under conditions equivalent to a rehearsal studio.(6) In the event Employer knowingly violates any ofthe provisions contained herein or such films are used byany person or corporation or organization other than theEmployer for any purpose whatsoever, the Employeragrees that he will compensate all members of AGMAappearing in such film at the appropriate rate ofcompensation and conditions of the union havingjurisdiction over such use.(d) Archival Recordings. Without additional payment to or consent of theDancers, the Employer may capture the ballet at any one performance thereof for thearchives. Such recordings shall contain the appropriate protection against other thanarchival use, such as bleeps, markings, etc., and may not be used for any other purposewithout the express written consent of AGMA. The Employer shall give at least fortyeight(48) hours advance notice to the Dancers of such recording. Archival recordingsmay not be removed from the archives.(e)Fundraising, Promotion and Publicity.(1) The Employer may capture material from anyperformance or rehearsal for use as a publicity,fundraising, or promotional tool, it being understood thatit may not capture more than thirty (30) contiguousminutes of such material and may not capture more thana total of sixty (60) minutes of material on any one day.4847-3313-3571.10 45
Page 3 and 4: (c) Artists shall be offered employ
Page 5 and 6: (e) The Employer agrees to discuss
Page 7 and 8: (2) During Performance Weeks in the
Page 9 and 10: (o) Penalty Rate - The term “Pena
Page 11 and 12: casting.(3) The Employer shall prov
Page 13 and 14: (3) Extraordinary Risk - The term
Page 15 and 16: compensated at (1/2) of the hourly
Page 17 and 18: which includes per diem, foreign pe
Page 19 and 20: hour period, he shall be paid at th
Page 21 and 22: (d) If the Artist shall be required
Page 23 and 24: (n)6:30 P.M.On a day prior to depar
Page 25 and 26: egin three (3) weeks prior to the f
Page 27 and 28: 29. POSTING OF REHEARSAL PERFORMANC
Page 29 and 30: (m) Each Dancer performing a Princi
Page 31 and 32: one-half (1/2) hour after all curta
Page 33 and 34: shall be compensated for such trave
Page 35 and 36: (19) The Employer will file with AG
Page 37 and 38: the first contract plus one (1) pai
Page 39 and 40: Each Artist on a contractual guaran
Page 41 and 42: (b) Upon request of AGMA, the Emplo
Page 43: (j) It is understood that the Emplo
Page 47 and 48: “Any controversy or claim arising
Page 49 and 50: given), and such photography time,
Page 51 and 52: AMERICAN GUILD OF MUSICAL ARTISTSBy
Page 53 and 54: AGMA and the EMPLOYER.4847-3313-357
Page 55 and 56: If the foregoing constitutes our un
Page 57 and 58: TABLE OF CONTENTS(continued)Page28.

Contract 2007-2011 - American Guild of Musical Artists

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