Cast Album. Producer shall have the sole right to dispose of the right to make and distribute phonograph cast albums of the Play. The net proceeds derived from the disposition of cast album rights (after deductions of all costs of the production of the cast album that are required to be borne by the Producer under its agreement with the record company [which may be Producer or a company formed by Producer]) shall be divided 60% to Author and 40% to Producer, it being understood however that if the terms of any such disposition provide for financing toward the production costs of the Play or if the record company makes a contribution to Producer, that such financing or contribution shall not be deemed part of the proceeds from the cast album. Cast albums shall not be deemed Commercial Use Products under the APC. Author will grant or cause the music publisher to grant the necessary mechanical recording license on terms and conditions consistent with those then prevailing for mechanical recording licenses issued for original Broadway cast recordings. Author and Author’s music publisher shall accept, without regard to playing time or reprises, 75% of the minimum statutory rate applicable at the time of the initial release of the cast album with respect to mechanical licenses to be secured for original music and lyrics for a maximum of twelve (12) songs, regardless of the number of songs on the cast album. Nothing in this Agreement shall be deemed to prevent Author and Producer from agreeing to the use of compositions from the Musical in a soundtrack album. 9.
Cast Album. Cast albums may be made under the provisions of the LORT Original Cast Album Rider.
(1) For pressings of 10,000 albums or fewer, the Theatre agrees that any Actor who sings or verbalizes in the production in any number, plus the Stage Manager, shall be employed on the appropriate SAG-AFTRA contract for the Recording of said album and shall receive not less than one week’s contractual salary, the applicable SAG-AFTRA rate, or the prevailing LORT “B” minimum, whichever is greater, for up to eight hours so employed, which may be scheduled by the Theatre over no more than four days. This limited pressing allowance shall not apply to LORT “A+” mainstages.
(a) Should subsequent pressings cause the total number of albums to exceed 10,000, Actors shall be paid retroactively under the terms of 35(G)(2) below. Rule 35. MEDIA: RECORDING & BROADCAST
(b) If such album is made available for sale by download via the Internet (e.g., iTunes, etc.), the following shall apply:
(i) Each download of a full album shall count towards the number of pressings.
(ii) Each download of 20 single songs, including each song in a download of multiple singles, shall count as a full album toward the number of pressings.
(iii) If the cast album was produced under the terms of 35(G)(1) above and subsequent downloads cause the number of pressings to exceed 10,000 albums, Actors shall be paid retroactively under the terms of 35(G)(2) below.
(2) For pressings of more than 10,000, the Theatre agrees that any Actor who sings or verbalizes in the production in any number, plus the Stage Manager, shall be employed on the appropriate SAG-AFTRA contract for the Recording of said album and shall receive not less than one week’s contractual salary, the applicable SAG-AFTRA rate, or the prevailing Production Contract minimum, whichever is greater, for up to eight hours so employed, which may be scheduled by the Theatre over no more than four days.
(3) If the Actor works more than eight hours, the Actor shall be paid not less than one-eighth of the Actor’s weekly salary (but in no event less than one-eighth of the Production Contract minimum or LORT “B” minimum, whichever is applicable), up to a cap of 250% of the Production Contract minimum salary or the SAG-AFTRA rate, whichever is higher, for each hour or part thereof.
(4) The Theatre shall give Equity not less than 72 hours’ notice (inclusive of at least two business days) prior to such recording.
(5) Such cast album shall accord credit to each Actor...
Cast Album. Cast albums may be made under the provisions of the Original Cast Album Rider. The Theatre agrees that any Actor who sings or verbalizes in the production in any number, plus the Stage Manager, shall be employed on the appropriate SAG- AFTRA contract for the recording of said album and shall receive not less than one week’s contractual salary or Production Contract minimum, whichever is greater, for each day or part thereof so employed except as provided in section 35(G)(1) below. Such cast album shall accord credit to each Actor appearing in the production at the time the Recording is made, whether or not the Actor performs on the Recording.
(1) In the event the Theatre wishes to schedule half-day recording sessions after the first day of recording and prorate payments for said half-day sessions, the Actor shall receive not less than ½ of the Actor’s weekly salary or Production Rule 35. MEDIA: RECORDING & BROADCAST Contract minimum, whichever is greater, up to a cap of 250% of the Production Contract minimum salary, or the SAG-AFTRA rate, whichever is higher, for each day that the Actor is employed for four hours or less and each Actor shall receive a pro rata share of 20% of all monies derived by the Theatre from the exploitation of the album. (Note: In the event the Theatre does not elect this pro-ration formula, the Actors will share in the standard 15% of monies derived by the Theatre. Terms for Actor participation in the Theatre’s 15% - 20% are identified in the Original Cast Album Rider.)
(2) The Theatre shall give Equity not less than 72 hours’ notice (inclusive of at least two business days) prior to such recording.
(3) If, during recording of a cast album, one or more non-professional Chorus singers are engaged, then Equity Swing singers and Understudies assigned to singing parts who are not engaged to record the cast album shall share equally in an amount equal to the average contractual salary of said Swings and Understudies multiplied by the number of employment days of such non- professional Chorus singers.
(4) For cast album Recordings only, there shall not be less than a 10-hour rest period between an evening performance and a morning recording call. There shall be a break of 1½ hours (one hour if a meal is provided) between the recording session and rehearsals or performances scheduled under the Equity Agreement. Recording sessions may not be scheduled on two-performance days.
(5) Application of this rule may not reduce breaks or rest peri...
Cast Album. Producer shall have the sole right to dispose of the right to make and distribute phonograph cast albums of the Play. The net proceeds derived from the disposition of cast album rights (after deductions of all costs of the production of the cast album that are required to be borne by the Producer under its agreement with the record company [which may be Producer or a company formed by Producer]) shall be divided to Author and to Producer, it being understood however that if the terms of any such disposition provide for financing toward the production costs of the Play or if the record company makes a contribution to Producer, that such financing or contribution shall not be deemed part of the proceeds from the cast album. Cast albums shall not be deemed Commercial Use Products under the APC. Author will grant or cause the music publisher to grant the necessary mechanical recording license on terms and conditions consistent with those then prevailing for mechanical recording licenses issued for original Broadway cast recordings. Author and Author’s music publisher shall accept, without regard to playing time or reprises, applicable at the time of the initial release of the cast album with respect to mechanical licenses to be secured for original music and lyrics for a maximum of twelve (12) songs, regardless of the number of songs on the cast album. Nothing in this Agreement shall be deemed to prevent Author and Producer from agreeing to the use of compositions from the Musical in a soundtrack album. All royalties of Author and the other percentage royalty participants that are deferred due to the Production Amortization (i.e., the difference between (1) the aggregate amount of minimum weekly guarantees and weekly operating profits (after the applicable recoupment of option and advance payments) that would have been paid to each of the percentage royalty participants during the Pre-Recoupment Period of the applicable production company, if there been no Production Amortization, and (2) the aggregate amount of minimum weekly guarantees and weekly operating profits (after the applicable recoupment of option and advance payments) that are actually paid to each of the percentage royalty participants during the Pre-Recoupment Period), plus an additional bonus equal to of such deferred royalties (such deferred royalties plus the bonus share hereafter referred to as the “Deferred Royalties”), shall be repaid pro rata based on each percentage royalty participant’s ...
Cast Album. The Producer agrees that any Actor who sings or verbalizes in any number in the production which is included in the Recording session of the cast album and the Stage Manager shall be employed on the appropriate SAG-AFTRA contract for the Recording of all or part of that production. The Actor shall receive no less than the required SAG- AFTRA payment for making the cast album. In no event, however, shall the Actor receive less than one week’s contractual salary per day or part thereof so employed or the prevailing Tier 10, Actor salary minimum, whichever is greater. Should there be a cast album made under this Agreement and should the Producer have some financial interest and/or control in a subsequent Equity production that occurs within three years from the last performance under this Agreement, the Producer shall pay the Actors who made the cast album under the SPT Agreement the difference, if any, between the compensation that would have been required for an Actor's participation in the cast album under the second contract and the compensation the Actor received for making the cast album or part thereof under SPT.
Cast Album. Director/Choreographer shall have a right to attend the recording of the cast album, if any, of the Broadway Production of the Play, and in the event Director/Choreographer elects to attend such recording, Director/Choreographer shall receive a fee in the amount of Ten Thousand Dollars ($10,000) provided the cast album is not self-funded by Producer in which case, Director/Choreographer shall receive no such fee.
