Common use of Cast Albums Clause in Contracts

Cast Albums. Notwithstanding paragraph (A) above, cast albums may be made under the provisions of the Off-Broadway Original Cast Album Rider. (1) For pressings of 10,000 albums or fewer, the Producer 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 Off-Broadway Commercial “E” Minimum, whichever is higher for up to eight hours, which may be scheduled by the Producer over no more than four days. (a) Should subsequent pressings cause the total number of albums to exceed 10,000, Actors shall be paid retroactively under the terms of 39(B)(2) below. (b) If such cast album is made available for sale by download via the internet (e.g. I-Tunes, Yahoo, Real Networks, etc.), the following shall apply: (i) Each download of a full album shall count toward the number of pressings. (ii) Each download of twenty 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 39(B)(1) above and subsequent downloads cause the number of pressings to exceed 10,000 albums, Actors shall be paid retroactively under the terms of 39(B)(2) below. (2) For pressings of more than 10,000 albums, the Producer 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 higher, for up to eight hours, which may be scheduled by the Producer over no more than four days. (3) 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. (4) If an Actor or Stage Manager works more than eight hours, they shall be paid not less than one-eighth of their weekly salary (but in no event less than one-eighth of the Production Contract minimum or Off-Broadway Commercial “E” minimum, whichever is applicable), up to a cap of 250% of Production Contract or Off-Broadway Commercial “E” minimum, whichever is applicable, for each hour or part thereof. (5) Terms for Actor or Stage Manager participation in the Producer’s 15% are identified in the Off- Broadway Cast Album Rider (6) Producer shall give the Actor or Stage Manager and Equity not less than 72 hours’ notice (inclusive of at least two business days) prior to such Recording when their services will be required. (7) The Producer shall have the right to use, and permit others to use, the Actor or Stage Manager's name, likeness, and biographical material for advertising and purposes of trade in connection with the sale and exploitation of the recording made pursuant to this Agreement. The Producer shall not use or authorize an endorsement by the Actor or Stage Manager of any recording or performance or other production without their prior written consent. (8) The Actor agrees that after the recording has been made, for a period of five years, Actor will not Record such musical compositions from the play recorded by the Actor for any other recording company without first having obtained the Producer's written consent. (9) Upon the request of the Producer, the Actor shall enter into the appropriate SAG-AFTRA contract to Record the cast album with the recording company designated by the Producer provided that the terms of said contract shall be subject to the terms of the Cast Album Rider and shall not, in any way, be inconsistent therewith or be less advantageous to the Actor. Such contract shall in no way release the Producer from Producer's obligation to the Actor. However, the Producer shall not be required to provide double payments in any form, whether wages, pension and health contributions or otherwise, under the cast album provision of Rule 39(B) in the Off-Broadway Contract. (10) Should the Actor's contract and/or employment in the play be terminated before the recording is made, the Producer may offer cast album employment to either the current replacement Actor or the original Actor pursuant to the terms set forth in this rider. Whichever Actor is not employed for the Recording shall be paid not less than one-eighth of the Actor's contractual salary. Although payments to Actors per Paragraph 39(B)(1) or 39(B)(2) shall not be required if the play closes and the recording has not taken place, pursuant to Rule 39, Equity will maintain jurisdiction over all recordings until 12 weeks after the production has closed. (11) If, during the Recording of a cast album, one or more singers who are not members of the Equity cast are engaged, then 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 supplementary singers. (12) For cast album Recordings only, there shall be not less than a 10-hour rest period between an evening performance and a morning recording call. There shall be a break of one and one-half 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. Application of this rule may not reduce breaks or rest periods required by the SAG-AFTRA contract. (13) Copies of any and all statements and accountings pursuant to the agreement between the Producer of the Play and the Producer(s) of the Recording or any other agreement requiring the submission of such statements and accounting in connection with the album shall be furnished to Equity no later than thirty days after receipt by Producer. (14) The Producer agrees to supply Equity with royalty statements on the cast album every six months or notice that no royalties are due.

Cast Albums. Notwithstanding paragraph (A) above, cast albums may be made under the provisions of the Off-Broadway HAT Original Cast Album Rider. (1) For pressings of 10,000 albums or fewer, the Producer 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- 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 Off-Broadway Commercial “E” MinimumHAT Tier A (8 performance week) minimum, whichever is higher higher, for up to eight hourseach day or part thereof so employed, which may be scheduled by the Producer over no more than four daysexcept as provided in paragraph 36(B)(5) below. (a) Should subsequent pressings cause the total number of albums to exceed 10,000, Actors shall be paid retroactively under the terms of 39(B)(236(B)(2) below. (b) If such cast album is made available for sale by download via the internet (e.g. I-Tunes, Yahoo, Real Networks, etc.), the following shall apply: (i1) Each download of a full album shall count toward the number of pressings. (ii2) Each download of twenty single songs, including each song in a download of multiple singles, shall count as a full album toward the number of pressings. (iii3) If the cast album was produced under the terms of 39(B)(136(B)(1) above and subsequent downloads cause the number of pressings to exceed 10,000 albums, Actors shall be paid retroactively under the terms of 39(B)(236(B)(2) below. (2) For pressings of more than 10,000 albums, the Producer 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 higher, for up to eight hourseach day or part thereof so employed, which may be scheduled by the Producer over no more than four daysexcept as provided in paragraph 36(B)(5) below. (3) Such cast album shall accord credit to each Actor appearing in the production at the time the recording Recording is made, whether or not the Actor performs on the recordingRecording. (4) If an Actor or Stage Manager works more than eight hourshours in a day, they the Actor shall be paid not less than an additional one-eighth of their weekly contractual salary (but in no event less than one-eighth of the Production Contract minimum or Off-Broadway Commercial “E” minimum, whichever is applicable), up to a cap of 250% of Production Contract or Off-Broadway Commercial HAT Tier “EA” (8 performance week) minimum, whichever is applicable, for each hour or part thereof. (5) In the event the Producer wishes to schedule half-day Recording sessions after the first day of Recording and pro-rate payments for said half-day sessions, the Actor shall receive not less than one-half of the Actor’s weekly salary, up to a cap of 250% of the Production Contract minimum salary or the HAT Tier “A” (8 performance week) minimum, whichever is applicable, 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 Producer from the exploitation of the album. (Note: In the event the Producer does not elect this pro-ration formula, the Actors will share in the standard 15% of monies derived by the Producer. Terms for Actor or Stage Manager participation in the Producer’s 1515%/20% are identified in the Off- Broadway HAT Cast Album Rider.) (6) Producer shall give the Actor or Stage Manager and Equity not less than 72 hours’ notice (inclusive of at least two business days) prior to such Recording when their the Actor’s services will be required. (7) The Producer shall have the right to use, and permit others to use, the Actor or Stage ManagerActor's name, likeness, and biographical material for advertising and purposes of trade in connection with the sale and exploitation of the recording made pursuant to this Agreement. The Producer shall not use or authorize an endorsement by the Actor or Stage Manager of any recording or performance or other production without their the Actor's prior written consent. (8) The Actor agrees that after the recording has been made, for a period of five years, Actor will not Record such musical compositions from the play recorded Recorded by the Actor for any other recording Recording company without first having obtained the Producer's written consent. (9) Upon the request of the Producer, the Actor shall enter into the appropriate SAG-AFTRA contract to Record the cast album with the recording Recording company designated by the Producer provided that the terms of said contract shall be subject to the terms of the Cast Album Rider and shall not, in any way, be inconsistent therewith or be less advantageous to the Actor. Such contract shall in no way release the Producer from Producer's obligation to the Actor. However, the Producer shall not be required to provide double payments in any form, whether wages, pension and health contributions or otherwise, under the cast album provision of Rule 39(B36(B) in the Off-Broadway HAT Contract. (10) Should the Actor's contract and/or employment in the play be terminated before the recording Recording is made, the Producer may offer cast album employment to either the current replacement Actor or the original Actor pursuant to the terms set forth in this rider. Whichever Actor is not employed for the Recording shall be paid not less than one-eighth of the Actor's contractual salary. Although payments to Actors per Paragraph 39(B)(136(B)(1) or 39(B)(236(B)(2) shall not be required if the play closes and the recording Recording has not taken place, pursuant to Rule 3936, Equity will maintain jurisdiction over all recordings Recordings until 12 19 weeks after the production has closed. (11) If, during the Recording of a cast album, one or more singers who are not members of the Equity cast are engaged, then 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 supplementary singers. (12) For cast album Recordings only, there shall be not less than a 10-hour rest period between an evening performance and a morning recording Recording call. There shall be a break of one and one-half 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. Application of this rule may not reduce breaks or rest periods required by the SAG-AFTRA contract. (13) Copies of any and all statements and accountings pursuant to the agreement between the Producer of the Play and the Producer(s) of the Recording or any other agreement requiring the submission of such statements and accounting in connection with the album shall be furnished to Equity no later than thirty days after receipt by Producer. (14) The Producer agrees to supply Equity with royalty statements on the cast album every six months or notice that no royalties are due.

Cast Albums. Notwithstanding paragraph (A) above, cast albums may be made under the provisions of the Off-Broadway Original Cast Album Rider. (1) For pressings of 10,000 albums or fewer, the Producer 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- 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 Off-Broadway Commercial “E” Minimum, whichever is higher for up to eight hours, which may be scheduled by the Producer over no more than four days. (a) Should subsequent pressings cause the total number of albums to exceed 10,000, Actors shall be paid retroactively under the terms of 39(B)(2) below. (b) If such cast album is made available for sale by download via the internet (e.g. I-I- Tunes, Yahoo, Real Networks, etc.), the following shall apply: (i1) Each download of a full album shall count toward the number of pressings. (ii2) Each download of twenty single songs, including each song in a download of multiple singles, shall count as a full album toward the number of pressings. (iii3) If the cast album was produced under the terms of 39(B)(1) above and subsequent downloads cause the number of pressings to exceed 10,000 albums, Actors shall be paid retroactively under the terms of 39(B)(2) below. (2) For pressings of more than 10,000 albums, the Producer 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 higher, for up to eight hours, which may be scheduled by the Producer over no more than four days. (3) 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. (4) If an Actor or Stage Manager works more than eight hours, they the Actor shall be paid not less than one-one- eighth of their the Actor’s weekly salary (but in no event less than one-eighth of the Production Contract minimum or Off-Broadway Commercial “E” minimum, whichever is applicable), up to a cap of 250% of Production Contract or Off-Broadway Commercial “E” minimum, whichever is applicable, for each hour or part thereof. (5) Terms for Actor or Stage Manager participation in the Producer’s 15% are identified in the Off- Off-Broadway Cast Album Rider (6) Producer shall give the Actor or Stage Manager and Equity not less than 72 hours’ notice (inclusive of at least two business days) prior to such Recording when their the Actor’s services will be required. (7) The Producer shall have the right to use, and permit others to use, the Actor or Stage ManagerActor's name, likeness, and biographical material for advertising and purposes of trade in connection with the sale and exploitation of the recording made pursuant to this Agreement. The Producer shall not use or authorize an endorsement by the Actor or Stage Manager of any recording or performance or other production without their the Actor's prior written consent. (8) The Actor agrees that after the recording has been made, for a period of five years, Actor will not Record such musical compositions from the play recorded by the Actor for any other recording company without first having obtained the Producer's written consent. (9) Upon the request of the Producer, the Actor shall enter into the appropriate SAG-SAG- AFTRA contract to Record the cast album with the recording company designated by the Producer provided that the terms of said contract shall be subject to the terms of the Cast Album Rider and shall not, in any way, be inconsistent therewith or be less advantageous to the Actor. Such contract shall in no way release the Producer from Producer's obligation to the Actor. However, the Producer shall not be required to provide double payments in any form, whether wages, pension and health contributions or otherwise, under the cast album provision of Rule 39(B) in the Off-Broadway Contract. (10) Should the Actor's contract and/or employment in the play be terminated before the recording is made, the Producer may offer cast album employment to either the current replacement Actor or the original Actor pursuant to the terms set forth in this rider. Whichever Actor is not employed for the Recording shall be paid not less than one-eighth of the Actor's contractual salary. Although payments to Actors per Paragraph 39(B)(1) or 39(B)(2) shall 39(B)(2)shall not be required if the play closes and the recording has not taken place, pursuant to Rule 39, Equity will maintain jurisdiction over all recordings until 12 weeks after the production has closed. (11) If, during the Recording of a cast album, one or more singers who are not members of the Equity cast are engaged, then 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 supplementary singers. (12) For cast album Recordings only, there shall be not less than a 10-hour rest period between an evening performance and a morning recording call. There shall be a break of one and one-half 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. Application of this rule may not reduce breaks or rest periods required by the SAG-AFTRA contract. (13) Copies of any and all statements and accountings pursuant to the agreement between the Producer of the Play and the Producer(s) of the Recording or any other agreement requiring the submission of such statements and accounting in connection with the album shall be furnished to Equity no later than thirty days after receipt by Producer. (14) The Producer agrees to supply Equity with royalty statements on the cast album every six months or notice that no royalties are due.

Cast Albums. Notwithstanding paragraph (A) above, cast albums may be made under the provisions of the Off-Broadway Original Cast Album Rider. (1) For pressings of 10,000 albums or fewer, the Producer 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- 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 Off-Broadway Commercial “E” Minimum, whichever is higher higher, for up to eight hourseach day or part thereof so employed, which may be scheduled by the Producer over no more than four daysexcept as provided in paragraph 37(B)(5) below. (a) Should subsequent pressings cause the total number of albums to exceed 10,000, Actors shall be paid retroactively under the terms of 39(B)(237(B)(2) below. (b) If such cast album is made available for sale by download via the internet (e.g. I-I- Tunes, Yahoo, Real Networks, etc.), the following shall apply: (i1) Each download of a full album shall count toward the number of pressings. (ii2) Each download of twenty single songs, including each song in a download of multiple singles, shall count as a full album toward the number of pressings. (iii3) If the cast album was produced under the terms of 39(B)(137(B)(1) above and subsequent downloads cause the number of pressings to exceed 10,000 albums, Actors shall be paid retroactively under the terms of 39(B)(237(B)(2) below. (2) For pressings of more than 10,000 albums, the Producer 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 higher, for up to eight hourseach day or part thereof so employed, which may be scheduled by the Producer over no more than four daysexcept as provided in paragraph 37(B)(5) below. (3) Such cast album shall accord credit to each Actor appearing in the production at the time the recording Recording is made, whether or not the Actor performs on the recordingRecording. (4) If an Actor or Stage Manager works more than eight hourshours in a day, they the Actor shall be paid not less than an additional one-eighth of their weekly contractual salary (but in no event less than one-eighth of the Production Contract minimum or Off-Broadway Commercial “E” minimum, whichever is applicable), up to a cap of 250% of Production Contract or Off-Off- Broadway Commercial “E” minimum, whichever is applicable, for each hour or part thereof. (5) In the event the Producer wishes to schedule half-day Recording sessions after the first day of Recording and pro-rate payments for said half-day sessions, the Actor shall receive not less than one-half of the Actor’s weekly salary, up to a cap of 250% of the Production Contract minimum salary or the Off-Broadway “E” minimum, whichever is applicable, 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 Producer from the exploitation of the album. (Note: In the event the Producer does not elect this pro-ration formula, the Actors will share in the standard 15% of monies derived by the Producer. Terms for Actor or Stage Manager participation in the Producer’s 1515%/20% are identified in the Off- Off-Broadway Cast Album Rider.) (6) Producer shall give the Actor or Stage Manager and Equity not less than 72 hours’ notice (inclusive of at least two business days) prior to such Recording when their the Actor’s services will be required. (7) The Producer shall have the right to use, and permit others to use, the Actor or Stage ManagerActor's name, likeness, and biographical material for advertising and purposes of trade in connection with the sale and exploitation of the recording made pursuant to this Agreement. The Producer shall not use or authorize an endorsement by the Actor or Stage Manager of any recording or performance or other production without their the Actor's prior written consent. (8) The Actor agrees that after the recording has been made, for a period of five years, Actor will not Record such musical compositions from the play recorded Recorded by the Actor for any other recording Recording company without first having obtained the Producer's written consent. (9) Upon the request of the Producer, the Actor shall enter into the appropriate SAG-SAG- AFTRA contract to Record the cast album with the recording Recording company designated by the Producer provided that the terms of said contract shall be subject to the terms of the Cast Album Rider and shall not, in any way, be inconsistent therewith or be less advantageous to the Actor. Such contract shall in no way release the Producer from Producer's obligation to the Actor. However, the Producer shall not be required to provide double payments in any form, whether wages, pension and health contributions or otherwise, under the cast album provision of Rule 39(B37(B) in the Off-Broadway Contract. (10) Should the Actor's contract and/or employment in the play be terminated before the recording Recording is made, the Producer may offer cast album employment to either the current replacement Actor or the original Actor pursuant to the terms set forth in this rider. Whichever Actor is not employed for the Recording shall be paid not less than one-eighth of the Actor's contractual salary. Although payments to Actors per Paragraph 39(B)(137(B)(1) or 39(B)(2) shall 37(B)(2)shall not be required if the play closes and the recording Recording has not taken place, pursuant to Rule 3937, Equity will maintain jurisdiction over all recordings Recordings until 12 19 weeks after the production has closed. (11) If, during the Recording of a cast album, one or more singers who are not members of the Equity cast are engaged, then 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 supplementary singers. (12) For cast album Recordings only, there shall be not less than a 10-hour rest period between an evening performance and a morning recording Recording call. There shall be a break of one and one-half 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. Application of this rule may not reduce breaks or rest periods required by the SAG-AFTRA contract. (13) Copies of any and all statements and accountings pursuant to the agreement between the Producer of the Play and the Producer(s) of the Recording or any other agreement requiring the submission of such statements and accounting in connection with the album shall be furnished to Equity no later than thirty days after receipt by Producer. (14) The Producer agrees to supply Equity with royalty statements on the cast album every six months or notice that no royalties are due.