An Agreement between ESO (2006) Limited Also Trading As English Symphony Orchestra & The Musicians Union

Transcription

1 An Agreement between ESO (2006) Limited Also Trading As English Symphony Orchestra & The Musicians Union 1. Preamble The terms and conditions of this Agreement shall be regarded as having come into force on 26th February 2017 and shall govern freelance engagement of musicians by the English String Orchestra/English Symphony Orchestra (ESO). The fees shown in clauses 2 to 7 below are inclusive of a holiday pay contribution of 12.1%. 2. Concerts, Sessions and Rates 2.1 Concert Days Concert Days (i.e. a day where a concert takes place) will always consist of a Concert as defined in 2.3 below, and may include one rehearsal of up to 3 hours duration with a break of not less than 20 minutes, i.e. a Standard Session as defined in 2.2 below. The rates for a Concert Day shall be as follows: Principal Sub-Principal Rank & File Where more than 3 hours rehearsal on a Concert Day is required, the individual session rates as shown below at 2.2 will be applied to the rehearsal subject to conditions as per Session Rates Minimum rates for individual sessions as defined by duration at 2.4 below shall be paid as follows: Standard Session Long Session Short Session Principal Sub-Principal Rank & File ESO / MU Agreement

2 2.3 Concerts A Concert will always be defined as being 3 hours in length and will be treated as a Standard Session as in 2.1 above as per a concert day. Any concert lasting over 3 hours will be subject to overtime as per clause 4, and will not be subject to the Long Session rate, except in the case of concerts with an extended interval which shall be treated as a Long Session. Such concerts lasting over 4.5 hours will be subject to overtime. Contracted days in which a concert takes place will always be paid as consisting of no less than 6 hours (2 Standard Sessions). It is understood that scheduling more than 7.5 hours session time on a concert day (except where the concert contains an extended interval) is to be avoided where possible; if further session time is required this must be discussed and agreed with the Musicians Union well in advance. 2.4 Sessions Standard Session - A Standard Session is defined as a rehearsal or recording session of up to 3 hours duration with a break of not less than 20 minutes. Long Session - A Long Session is defined as a rehearsal or recording session of up to 4.5 hours duration with 2 breaks totaling not less than 30 minutes. Short Session - A Short Session is defined as a rehearsal or recording session of up to 2 hours duration with a break of not less than 10 minutes. Where 2 long sessions are called in one day there shall be a break of at least 90 minutes between sessions. A Short Session may only be called on days which contain a minimum of two Standard sessions. 2.5 Maximum Call Time/Rest There shall not be more than a total of 9 hours session time scheduled in any one day. Days which contain 3 sessions will have a minimum 1.5 hour rest period scheduled between two of the sessions designated as a meal break. 2.6 Single Call Days Where only one of the above sessions is offered on any given day, the following minimum rates apply: Standard Session Long Session Principal Sub-Principal Rank & File Single Call rates shall not be applied to concerts; the full rate for a Concert Day as defined at 2.1 is always payable even if the concert is the only scheduled session on any given day. 2 ESO / MU Agreement

3 3. Schools & Educational Concerts One concert with or without rehearsal within a spreadover of 3 hours Two concerts with or without rehearsal within a spreadover of 6 hours Principal Sub-Principal Rank & File Overtime Time in excess of the length of any Session as defined above shall be paid at 1½ times of the Standard session rate (time-and-a-half) pro rata for each half hour or part thereof up to a maximum of 1 hour. For the avoidance of doubt, time-and-a-half is defined as one quarter of the Standard session rate for each half-hour unit. 5. Doubling Where a musician is required to play more than one instrument an additional payment of 10% of the musician s fee will be made (including any overtime). Keyboard and percussion instruments are divided into the following sub-groups and doubling fees will not be payable for playing more than one instrument with the same subgroup. 6. Porterage Keyboard Instruments a) piano b) celeste, dulcitone c) organ, harmonium, multitone, mustel organ d) harpsichord, spinet, clavichord, virginals Percussion Instruments a) tuned (mallet) instruments (vibraphone, xylophone, marimba, glockenspiel, tubular bells) b) Latin American rhythm instruments c) drums (bass drum, snare drum, tom-toms cymbals and the usual small accessories) d) timpani (up to 4 drums) Porterage payments shall be due for each rehearsal or concert day except when a musician chooses to leave his/her instrument overnight at a venue (when that venue is the final call of the day and the first call of the next day). Porterage payments shall not be due when the Orchestra management makes arrangements to transport the instrument, unless the musician is required to bring the instruments to a pick-up point. 3 ESO / MU Agreement

4 Cello, Contra Bassoon, Tuba Double Bass Harp (exclusive of travel) Harpsichord, Timpani and other large percussion instruments are subject to individual negotiation. 7. Travel For musicians travelling from home payments will be made in accordance with the following standard rates: For return journeys of up to 30 miles no payment For return journeys of between 30 and 80 miles For return journeys of between 80 and 120 miles For return journeys of between 120 and 160 miles For return journeys of between 160 and 200 miles For return journeys of between 200 and 300 miles Return journeys over 300 miles will be subject to negotiation between the Orchestra Management and the concert promoter, in consultation with the MU Steward where appropriate. These travel allowances shall be not less than the standard rates as above, and notified to the musician, at the time the engagement is offered, on a one-off basis. Where appropriate, travel allowances are inclusive of a late return supplement. 8. Broadcasting & Recording The musician, on acceptance of a live engagement under the Terms and Conditions of this Agreement, accepts and recognises that the concert performance and all associated rehearsal/patching sessions may be recorded or broadcast by audio and/or visual means subject to limitations and uses outlined in Appendix 1 of this Agreement, without further payment over and above that due under Clauses 2 to 7 inclusive of this Agreement. 9. Electronic Instruments Instruments and devices incorporating pre-recorded sounds or producing sounds by electronic means are not to be used to replace or reduce the employment of conventional instrumentalists on engagements carried out under this Agreement where conventional instrumentalists may be reasonable or traditionally expected to be used. 10. Cancellation and Schedule Changes At least 4 weeks notice is required to cancel any sessions on which musicians have been engaged under this Agreement unless consent is given by a supermajority (two thirds) of the members of the orchestra to a cancellation caused by extraordinary circumstances (eg the bankruptcy of an engaging venue or hirer). After this time the full fee plus appropriate doubling payments must be paid, in addition to any travel expenses already incurred by the musician at the time of cancellation, on production of receipts. 4 ESO / MU Agreement

5 At least 2 weeks notice is required for changes to the schedule, including additional sessions (on the same day as already booked sessions) or alteration of start/finish times. 11. Force Majeure If, due to exceptional circumstances, a concert engagement is cancelled at short notice and the musician has been informed of the cancellation prior to commencing his/her journey to the engagement, no fee shall be payable to the musician provided the Orchestral management offers an alternative engagement to the musician in place of the cancelled concert. In the event of the musician having commenced his/her journey when the cancellation is advised, a full travel payment will be made but no concert fee shall be payable providing an alternative date is offered. In the context of this clause, exceptional circumstances shall be defined as any circumstances beyond the reasonable control of the Orchestra management which prevent the due performance of a concert engagement including but not limited to war or hostilities; riot or civil commotion; epidemic; earthquake, flood, snow or other natural disaster; national mourning; fire; strikes; lockouts; or by order of any Public Authority. 12. Disputes Should any dispute arise in the interpretation of this Agreement which cannot be settled at local level, it shall be referred to ACAS for arbitration. 13. Union Membership The Management recognises the Musicians Union as the sole representative organisation for musicians and strongly recommends all musicians to become or remain members of the Union. 14. Duration These terms and conditions shall remain in force until 31st August 2018 Signed for the Musicians Union Signed for ESO (2006) Ltd Date. 5 ESO / MU Agreement

6 Appendix 1: Media Broadcasting & Recording 1. Consents and Uses The musician, upon acceptance of an engagement under the terms of this Agreement, shall permit his or her performance to be broadcast or recorded without additional payment above what is due under clauses 2-9 inclusive of this Agreement, subject to the following conditions: A points system will be applied to the categories of broadcasting and recording shown in the table below: a) Points will be allocated initially at the time of recording in exchange for the musician s consent to be recorded as shown in column 2 below b) Additional Points will then subsequently be allocated for various uses as and when they arise as shown in column 5 below c) A maximum of 45 points per annum may be used in any combination of the allocations shown below d) A maximum of up to 9 unused points may be carried forward to the following year e) Allocated points will be credited to each recording session/rehearsal and concert irrespective of which musicians are actually present at the time of recording f) The year will be the contract year commencing 1 st September and finishing 31 st August g) Categories of media work not specified above may subsequently be included in this agreement and have an appropriate points value allocated to them by agreement with the Musicians Union h) The Musician shall assign to ESO all relevant assignable intellectual property rights in respect of this Appendix 1. 6 ESO / MU Agreement

7 Type Points for Musicians consent to record Use Points per Use Audio Only Recording 1 per 3hr session time or part thereof OR Final 3hr rehearsal and concert on the same day Commercial Audio release Radio Relay transmission Radio Relay 2nd and subsequent repeats Internet transmission per 20 minutes of recorded product 1 relay plus 1 repeat (including streaming) 1 per repeat per webcast/streamed programme 9 per UK category 1 TV transmission Audio Visual Recording 3 per 3hr session time or part thereof OR final 3hr rehearsal and concert on the same day TV up to 3 hours live/recorded transmission Videogram release of TV transmission per UK category 2 TV transmission per Worldwide TV excluding UK per repeat TV transmission UK or worldwide 8 UK category 1 12 UK category 2 and worldwide Internet transmission 3 including downloads Theatric release 3 worldwide Commercial Videogram release 17 worldwide Short Item Audio Visual Recording 1 2 for up to 1 hour filming for up to 2 hours filming TV transmission / commercial videogram TV transmission / commercial videogram 2 3 for maximum 5 minutes recorded product for maximum 10 minutes recorded product 7 ESO / MU Agreement

8 EPK 0 Archive recording 0 as per clause 2 of Appendix 1 as per clause 3 of Appendix 1 EPK 0 Composer s, Soloist s or Orchestra s archive and reference 0 for any other uses points applied as above 2. Notice of Intent to Record All participating musicians will be notified at the earliest possible opportunity of the intent to record any concert, rehearsal or session under this Agreement, and the purpose of the recording; ideally this should be done at the time the musician is engaged. Non regular players must also be made aware at the time of engagement of this Agreement and its terms relating to recording. 3. Electronic Press Kits Musicians engaged under this Agreement will permit ESO to record sections of rehearsal and performance in sound and vision or in sound only for no additional fee in order to produce an EPK. Each EPK will have a maximum duration in aggregate of 20 minutes of orchestral material in any format to be used for promotional or marketing purposes only. Audio/visual recordings used in the EPK may include a musical piece in its entirety only where the recording is watermarked and is of a maximum duration of 20 minutes. Watermarked recordings in excess of 20 minutes duration will attract media points in accordance with clause 1 of Appendix 1. Where possible, all EPK recordings will be watermarked throughout their duration to deter unauthorised uses. Sound recordings and audio/visual recordings that are not watermarked must not include any musical piece in its entirety, however short. EPK recordings may be used by ESO for its own publicity material including its own website, artist profiles, arts and culture themed programming where the orchestra is featured and may include free and non-commercial presentation by ESO to promote ticket sales for the concert(s) for which the Musician has been engaged under this Agreement. EPK recordings may also be used by third parties such as tourist boards and government agencies to promote the venue or city in which ESO performs. EPK recordings shall not be used for the evaluation of the performance of any musician. 4. Archive Recordings Musicians engaged under this agreement will permit ESO to record a performance of a composer or visiting soloist s own work in sound or sound and vision strictly for the Orchestra s and composer or soloist s personal archive uses only. Rights in each recording will remain with ESO and the composer will be licensed for personal or promotional use. Where the ESO or the composer or soloist uses a recording for promotional purposes its use shall be limited to the promotion of the ESO or the composer or soloist and shall not be used for third party promotion or commercial gain. Audio/visual recordings will, where possible, be watermarked throughout their duration to deter unauthorised uses. All other uses will be subject to further separate agreement between ESO and the MU. 8 ESO / MU Agreement

9 5. News Access Musicians engaged under this Agreement will permit a broadcaster/production company to record sections of rehearsal and performance in sound and vision or in sound only for no additional fee in order to produce news items under the following terms: a) News items may only be communicated to the public [as defined under the Copyright Designs and Patents Act 1988 (as amended) ( the Act ) at section 20] in news bulletins and/or arts and music magazine/listings programmes b) News items may not be communicated to the public in general magazine, documentary or any other type of programme. When this occurs it will attract media points in accordance with clause 1 of Appendix 1. c) The broadcaster/production company recording the news item shall ensure that all recording of the musicians performances shall be completed within one hour of commencement of recording. d) The maximum duration of recorded performance that may be communicated to the public in one news item shall be: (i) one minute of featured music (i.e. not background or otherwise incidental), and/or (ii) one minute of non-featured music (i.e. heard in the background of an interview or under a voice over) e) In the event the duration of the recorded performance communicated to the public in one news item exceeds these time limits then it will either attract media points in accordance with clause 1 of Appendix 1 or the broadcaster/production company shall pay the musicians a fee to be agreed with the MU. f) The musician may request the broadcaster/production company not to record his or her performance and the broadcaster/production company shall not record a musician who has made such a request. g) The broadcaster/production company shall ensure the musicians are not called upon to exceed the duties for which they are contracted and are not directed to alter their performance or repeat it for the purpose of retakes for the recording of the news item. h) News items made under these terms must be first communicated to the public within eight days of the recording date, unless the prior written agreement of the MU is obtained, but thereafter may be communicated to the public throughout the world in perpetuity for the purposes of reporting the news and/or as archived news items. i) Provided news item recordings are made and used strictly in accordance with this code of practice, the MU agrees on behalf of those it represents not to require any written consents to be obtained from or further fees to be paid to the musicians. 9 ESO / MU Agreement

10 j) Save as set out under these terms, nothing shall restrict the rights of performers and/or the MU under the Act or otherwise. 6. List of Participating Musicians The ESO shall make and maintain an accurate list of all the members of the orchestra who perform on each recording made under this agreement so as to assist collecting societies in identifying those members of the orchestra whose performances are on a particular Recording. 7. Equitable Remuneration from Collecting Societies This agreement is without prejudice to the musicians rights to receive a share of equitable remuneration from domestic or foreign collecting societies for the broadcast or public performance of their recorded performance(s) pursuant to national legislation. 10 ESO / MU Agreement