American Federation of Musicians of the United States and Canada

Transcription

1 American Federation of Musicians of the United States and Canada 75 The Donway West, Suite 1010, Don Mills, Ontario M3C 2E9 Phone: (416) Fax: (416) CANADIAN CONTENT PRODUCTION RULES (CCPR) I GENERAL CONDITIONS * A. Scope 1. These rules may be used for the production of scoring type music for films i.e. Motion Picture film (Theatrical) Made for TV Movies and/or Home Videos Episodic TV (i.e. documentaries, dramas and sit-coms which have a scripted story line for each episode) and; Themes and format music for episodic TV 2. To be eligible a Film must satisfy the Canadian Content criteria as specified in the Eligibility Application form. At a minimum the Film must: (a) for music scoring use the services of a Canadian composer; (b) spend in Canada at least seventy-five percent (75%) of the total capital production budget; and (c) not have any United States corporation, company, partnership or other business entity contributing in any manner to or being involved in the funding of this production. In addition to the above threshold requirements, the Film also must satisfy the nine (9) point minimum or, alternatively, be certified as Canadian content pursuant to CAVCO in lieu thereof. B. Exceptions These rules may not be used to record music for a musical or variety type show(s) for television which would normally be produced under an AFM TV network agreement, i.e. the Television Videotape Agreement or AFM/CBC Television Agreement. A musical or variety type program includes one, wherein instrumental performance or musical accompaniment to a featured performer is an essential element for a significant portion of the program. C. Distribution/Use of Recorded Product 1. The recorded music track shall be used explicitly to accompany ( synchronized to ) the picture for which the music was originally scored with the following exceptions: (i) clips of any film (containing music tracks) may be used for any trailers (including theatrical or television advertising) for the same film and; (ii) to produce a soundtrack recording without payment of additional fees to musicians who rendered services in recording the original music tracks. * Note: Considering the generality of these conditions, each film, show, or series, is subject to individual and specified approval by the Canadian Office of the AFM. A producer is not to infer/imply signatory status for purposes of negotiating fees/conditions with any AFM Local members, until such time as the Producer has attained a copy of a fully executed Letter of Adherence confirming AFM s approval to utilise these Canadian Content Production Rules.

2 II FEES A. Basic Recording Session Side musician s minimum fee (single session; maximum 3 hours) - $ $ if 25 or more musicians engaged Leader and Single Musician plus 100% Playing Contractor (required, in addition to Leader, if 10 or more musicians are engaged): % above side musicians fee 20 or more 100% above side musicians fee Session may be extended in ½ hour pro rata up to a 5 hour call when booked as a Basic Session. Limit of two (2) Basic Sessions per day. (Note: A minimum one hour meal break between sessions which is in addition to normal 10 minutes per session hour.) 1. Doubling (when required) calculated on the side musicians 1 st 30% extra 2 nd 15% additional 3 rd 15% additional Fees for additional doubling subject to negotiations between the Musician, the Leader and the Signatory Producer for an additional amount acceptable to all parties. (Final amount(s) to be stated on contracts). 2. Unscheduled Overtime in 15 minute pro rata plus 50% ($41.25 per 15 minutes) 3. Electronic Music Device (EMD) Tracking - $ per hour; 3 hour minimum The Basic Recording Session (as detailed herein) to apply as follows; (a) (b) (c) (d) for each Scoring Session wherein up to thirty (30) minutes of music may be recorded within the three (3) hour minimum call with an additional five (5) minutes of music permitted per ½ hour thereafter, or, for each episode (within a series) which requires specific recorded music, or, for a Theme Music Session wherein up to three (3) minutes of music may be recorded and utilized for each episode in the series as theme music for programming openings/closings and intros/extros to commercials, or, for a Format Music Session wherein up to ten (10) minutes of music may be recorded and utilized for each episode in the series as programming themes, stings, cues, and segues;

3 PROVIDED FURTHER that for (c) & (d) and in addition to the Basic Session Fee a Synchronization Fee shall be paid to each musician on the session, for the total number of additional episodes within a series, produced for a single broadcast season as follows; (i) for a Theme Music Session (see part (c )) - $25.00 per episode, per musician - $ per episode for EMD Tracking (ii) for a Format Music Session (see part (d)) - $50.00 per episode, per musician - $ per episode for EMD Tracking B. Special Session Short Films 1 hour session side musician s minimum $ (all step-ups above apply) Maximum 5 minutes of music recorded for inclusion in film not to exceed 15 minutes in length If more than 5 minutes of music is recorded or if the film exceeds 15 minutes in length, Basic Recording Session (Section II A.) fees and conditions apply. Special Session provisions may not be utilized to produce theme or format music C. Non-Recorded ( Note ) Rehearsal Minimum 2 hour call Side musician at $55.00 per hour (all step-ups under Basic Recording Session apply). D. Basic Sideline (filming) Session For on set or on location filming of musician(s) image(s) while portraying an instrumental performance (with or without vocal impersonation). 6 hour minimum call May be extended in ½ hour units up to an eight hour call when originally confirming (booking) the musician(s). Side Musician - $27.50 per half hour unit. Leader (or Single extra Unscheduled Overtime $20.65 per quarter hour) Maximum 10 hour day of actual work time A meal break of no less than one hour to be provided upon completion of no more than 5 hours of a sideline session (Note: this meal break is in addition to normal breaks of 10 minutes per session hour). In the event the musician s instrumental performance is recorded (audio) during any part of a sideline session; the Basic Recording Session fees as provided herein, shall be payable in addition to the sideline fees.

4 E. Basic Sideline and Recording Session Applicable only when the musicians are originally booked to be filmed and recorded (audio) at the same session. Basic Recording Session (Section II A.) fees and terms to apply plus a premium (extra payment) of 25% E.g. Minimum side musician rate - $ (single session; maximum 3 hours) F. Music Preparation All prevailing music preparation fees as detailed in AFM s current film agreements (i.e. TV Film and/or Theatrical Motion Pictures) to be increased by 35%; Provided further that for use in a TV series for a single broadcast season, additional fees shall be payable and calculated on the total amount of music prep services contained/utilized in each episode as follows; Up to 3 minutes of music Up to 10 minutes of music Up to 20 minutes of music Up to 30 minutes of per per per per episode G. Pension Payments For all services performed under this Agreement the Producer shall contribute ten percent (10%) over and above all minimum fees as outlined in this Agreement to the AFM-EPW Fund Canada. III GENERAL TERMS (1) It is intended that only the services of members in good standing of Locals of the American Federation of Musicians of the United States and Canada be used for the performance of any work within a classification covered by this Agreement. Should the services of non-afm members be utilized for any such work, the Producer shall be responsible for paying and remitting the following fees to the AFM Local in whose jurisdiction the services were rendered: (a) For Basic Recording, Sideline and Recording / Sideline Sessions: Work permit fee of $ per non-member musician plus $3.50 per paid session hour per non-member musician. (b) For EMD tracking musician: Work permit fee of $ per non-member musician plus $15.00 per paid session hour per non-member musician. (2) Extra percentages applicable to leader/contractor/doubling etc., to be inclusive of all session fees.

5 (3) All services to be contracted under AFM forms as provided by the AFM and/or its Local. Contracts for musicians original services are to be filed with the Local in whose jurisdiction the services were rendered. (4) The contract(s) must specify the name of film and/or episodic series; identify each episode within a series and its anticipated broadcast season. (5) Theme or Format music shall not be utilized for scoring music as it is generally understood within the industry. (6) Minimum scoring requirements for episodic series terms of AFM Television Film Labour Agreement, to apply. (7) TV variety shows in the form of specials, weekly series, daily strips, etcetera, are not eligible for production herein see AFM/CBC Agreement or AFM/Television Videotape Agreement. (8) Any use of existing recorded material is handled and cleared through the AFM Canadian Office. (9) We have been advised by the Toronto Musicians Association (TMA) that, in keeping with past and current practices, all media recording engagements within TMA s jurisdiction are subject to a contract filing/handling fee. The amount payable (by the producer) is 10% of the total scale fee payable to one (non-doubling) side musician. This additional amount to be included, with the payments and/or contracts required herein. (10) The AFM logo will be included in the credits for each project produced under this agreement. For further clarification or additional information please contact the AFM Canadian Office (416) Revised March 2006