Common use of Domestic Pictures Clause in Contracts

Domestic Pictures. (i) If two or more individuals subject to the Basic Agreement are employed on a domestic picture, it will be subject to liability for percentage payments to the extent hereinafter provided. (ii) Except as provided in subsection (c)(3)(iii) below, percentage payments on domestic pictures will be nine percent (9%) of accountable receipts. (iii) Percentage payments on a domestic picture shall be made on a prorated basis in either of the following events: (A) If a majority of the shooting days of principal photography on the motion picture occurred inside the following states - Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Texas, Utah, Washington and Wyoming - and the Los Angeles production crew, as defined above, consists of twenty-nine (29) or fewer individuals. In determining whether twenty-nine (29) or fewer individuals are employed on the picture, the following shall be excluded: make-up artists, hairdressers and costumers who are specifically required to be furnished by the Producer in accordance with the personal service contract of an actor and those individuals engaged in post-production or distribution functions, including, but not limited to, editing and looping regardless of where or when those functions are performed; or (B) If a majority of the shooting days of principal photography on the motion picture occurred outside of the following states -- Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Texas, Utah, Washington and Wyoming. The Basic Crafts Unions shall have the right to reinstate the conditions for proration set forth in the Studio Transportation Drivers, Local #399, Agreement of 1988, as amended, if, after study and review by a joint Basic Crafts Union-AMPTP Committee, it is determined that the foregoing proration provisions have an adverse economic impact on the Pension and Health Plans. If the proration provisions under the 1988 Agreement, as amended, are reinstated, such provisions shall apply to domestic motion pictures which commence principal photography more than one hundred twenty (120) days after termination of the proration provisions set forth above. (iv) As to any domestic picture on which the Producer intends to make percentage payments on a prorated basis, an Application to Prorate shall be delivered by the Producer to the Administrator of the Pension and Health Plans on or before the date that the first percentage payment is due to the Plans from Producer. Said Application shall contain the following information: If the right to prorate is based upon the provisions of subparagraph (c)(3)(iii)(A) above, the aggregate salaries paid to the Los Angeles production crew and the aggregate salaries paid to the entire production crew; the number of individuals on the Los Angeles production crew; the number and job classifications of those individuals excluded pursuant to the provisions of subsection (c)(3)(iii)(A) above; the number of shooting days of principal photography occurring in the states listed in subsection (c)(3)(iii)(A) above; and the total other shooting days and the states in which said other shooting days occurred. If the right to prorate is based upon the provisions of subsection (c)(3)(iii)(B) above, the aggregate salaries paid to the Los Angeles production crew and the aggregate salaries paid to the entire production crew; the number of shooting days of principal photography occurring in the states listed in subsection (c)(3)(iii)(B) above; and the total other shooting days and the states in which said other shooting days occurred. If an Application to Prorate is submitted later than the dates specified above, it will nonetheless be deemed granted if the identified picture meets said criteria; provided, however, that, if he deems it necessary, the Administrator of the Pension and Health Plans may require a Producer submitting a late Application to Prorate to allow a special audit of the percentage payments due and the Retired Employees Fund shall be reimbursed by the Producer for all reasonable fees and expenses incurred by the Retired Employees Fund in performing said audit.

Domestic Pictures. (i) If two or more individuals subject to the IATSE Basic Agreement are employed on a domestic picture, it will be subject to liability for percentage payments to the extent hereinafter provided. (ii) Except as provided in subsection (c)(3)(iii) below, percentage payments on domestic pictures will be nine percent (9%) of accountable receipts. (iii) Percentage payments on a domestic picture shall be made on a prorated basis in either of the following events: (A) If a majority of the shooting days of principal photography on the motion picture occurred inside the following states - -- Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Texas, Utah, Washington and Wyoming - -- and the Los Angeles production crew, as defined above, consists of twenty-nine (29) or fewer individuals. In determining whether twenty-nine (29) or fewer individuals are employed on the picture, the following shall be excluded: make-up artists, hairdressers and costumers who are specifically required to be furnished by the Producer in accordance with the personal service contract of an actor and those individuals engaged in post-production or distribution functions, including, but not limited to, editing and looping regardless of where or when those functions are performed; or (B) If a majority of the shooting days of principal photography on the motion picture occurred outside of the following states -- Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Texas, Utah, Washington and Wyoming. The Basic Crafts Unions shall have the right to reinstate the conditions for proration set forth in the Studio Transportation DriversPlasterers, Local #399, 755 Agreement of 1988, as amended, if, after study and review by a joint Basic Crafts Union-Union – AMPTP Committee, it is determined that the foregoing proration provisions have an adverse economic impact on the Pension and Health Plans. If the proration provisions under the 1988 Agreement, as amended, are reinstated, such provisions shall apply to domestic motion pictures which commence principal photography more than one hundred twenty (120) days after termination of the proration provisions set forth above. (iv) As to any domestic picture on which the Producer intends to make percentage payments on a prorated basis, an Application to Prorate shall be delivered by the Producer to the Administrator of the Pension and Health Plans on or before the date that the first percentage payment is due to the Plans from Producer. Said Application shall contain the following information: If the right to prorate is based upon the provisions of subparagraph (c)(3)(iii)(A) above, the aggregate salaries paid to the Los Angeles production crew and the aggregate salaries paid to the entire production crew; the number of individuals on the Los Angeles production crew; the number and job classifications of those individuals excluded pursuant to the provisions of subsection (c)(3)(iii)(A) above; the number of shooting days of principal photography occurring in the states listed in subsection (c)(3)(iii)(A) above; and the total other shooting days and the states in which said other shooting days occurred. If the right to prorate is based upon the provisions of subsection (c)(3)(iii)(B) above, the aggregate salaries paid to the Los Angeles production crew and the aggregate salaries paid to the entire production crew; the number of shooting days of principal photography occurring in the states listed in subsection (c)(3)(iii)(B) above; and the total other shooting days and the states in which said other shooting days occurred. If an Application to Prorate is submitted later than the dates specified above, it will nonetheless be deemed granted if the identified picture meets said criteria; provided, however, that, if he deems it necessary, the Administrator of the Motion Picture Industry Pension and Health Plans may require a Producer submitting a late Application to Prorate to allow a special audit of the percentage payments due and the Retired Employees Fund Motion Picture Industry Pension and Health Plans shall be reimbursed by the Producer for all reasonable fees and expenses incurred by the Retired Employees Fund Motion Picture Industry Pension and Health Plans in performing said audit.

Domestic Pictures. (i) If two or more individuals subject to the IATSE Basic Agreement are employed on a domestic picture, it will be subject to liability for percentage payments to the extent hereinafter provided. (ii) Except as provided in subsection (c)(3)(iii) below, percentage payments on domestic pictures will be nine percent (9%) of accountable receipts. (iii) Percentage payments on a domestic picture shall be made on a prorated basis in either of the following events: (A) If a majority of the shooting days of principal photography on the motion picture occurred inside the following states - -- Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Texas, Utah, Washington and Wyoming - -- and the Los Angeles production crew, as defined above, consists of twenty-nine (29) or fewer individuals. In determining whether twenty-nine (29) or fewer individuals are employed on the picture, the following shall be excluded: make-up artists, hairdressers and costumers who are specifically required to be furnished by the Producer in accordance with the personal service contract of an actor and those individuals engaged in post-production or distribution functions, including, but not limited to, editing and looping regardless of where or when those functions are performed; or (B) If a majority of the shooting days of principal photography on the motion picture occurred outside of the following states -- Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Texas, Utah, Washington and Wyoming. The Basic Crafts Unions shall have the right to reinstate the conditions for proration set forth in the Studio Transportation DriversInternational Brotherhood of Electrical Workers, Local #399, 40 Agreement of 1988, as amended, if, after study and review by a joint Basic Crafts Union-Union - AMPTP Committee, it is determined that the foregoing proration provisions have an adverse economic impact on the Pension and Health Plans. If the proration provisions under the 1988 Agreement, as amended, are reinstated, such provisions shall apply to domestic motion pictures which commence principal photography more than one hundred twenty (120) days after termination of the proration provisions set forth above. (iv) As to any domestic picture on which the Producer intends to make percentage payments on a prorated basis, an Application to Prorate shall be delivered by the Producer to the Administrator of the Pension and Health Plans on or before the date that the first percentage payment is due to the Plans from Producer. Said Application shall contain the following information: If the right to prorate is based upon the provisions of subparagraph subsection (c)(3)(iii)(A) above, the aggregate salaries paid to the Los Angeles production crew and the aggregate salaries paid to the entire production crew; the number of individuals on the Los Angeles production crew; the number and job classifications of those individuals excluded pursuant to the provisions of subsection (c)(3)(iii)(A) above; the number of shooting days of principal photography occurring in the states listed in subsection (c)(3)(iii)(A) above; and the total other shooting days and the states in which said other shooting days occurred. If the right to prorate is based upon the provisions of subsection (c)(3)(iii)(B) above, the aggregate salaries paid to the Los Angeles production crew and the aggregate salaries paid to the entire production crew; the number of shooting days of principal photography occurring in the states listed in subsection (c)(3)(iii)(B) above; and the total other shooting days and the states in which said other shooting days occurred. If an Application to Prorate is submitted later than the dates specified above, it will nonetheless be deemed granted if the identified picture meets said criteria; provided, however, that, if he deems it necessary, the Administrator of the Pension and Health Plans may require a Producer submitting a late Application to Prorate to allow a special audit of the percentage payments due and the Retired Employees Fund Motion Picture Industry Pension and Health Plans shall be reimbursed by the Producer for all reasonable fees and expenses incurred by the Retired Employees Fund Motion Picture Industry Pension and Health Plans in performing said audit.

Domestic Pictures. (i) If two or more individuals subject to the Basic Agreement are employed on a domestic picture, it will be subject to liability for percentage payments to the extent hereinafter provided. (ii) Except as provided in subsection (c)(3)(iii) below, percentage payments on domestic pictures will be nine percent (9%) of accountable receipts. (iii) Percentage payments on a domestic picture shall be made on a prorated basis in either of the following events: (A) If a majority of the shooting days of principal photography on the motion picture occurred inside the following states - Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Texas, Utah, Washington and Wyoming - and the Los Angeles production crew, as defined above, consists of twenty-nine (29) or fewer individuals. In determining whether twenty-nine (29) or fewer individuals are employed on the picture, the following shall be excluded: make-up artists, hairdressers and costumers who are specifically required to be furnished by the Producer in accordance with the personal service contract of an actor and those individuals engaged in post-production or distribution functions, including, but not limited to, editing and looping regardless of where or when those functions are performed; or (B) If a majority of the shooting days of principal photography on the motion picture occurred outside of the following states -- Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Texas, Utah, Washington and Wyoming. The Basic Crafts Unions shall have the right to reinstate the conditions for proration set forth in the Studio Transportation Drivers, Local #399, Agreement of 1988, as amended, if, after study and review by a joint Basic Crafts Union-AMPTP Committee, it is determined that the foregoing proration provisions have an adverse economic impact on the Pension and Health Plans. If the proration provisions under the 1988 Agreement, as amended, are reinstated, such provisions shall apply to domestic motion pictures which commence principal photography more than one hundred twenty (120) days after termination of the proration provisions set forth above. (iv) As to any domestic picture on which the Producer intends to make percentage payments on a prorated basis, an Application to Prorate shall be delivered by the Producer to the Administrator of the Pension and Health Plans on or before the date that the first percentage payment is due to the Plans from Producer. Said Application shall contain the following information: If the right to prorate is based upon the provisions of subparagraph (c)(3)(iii)(A) above, the aggregate salaries paid to the Los Angeles production crew and the aggregate salaries paid to the entire production crew; the number of individuals on the Los Angeles production crew; the number and job classifications of those individuals excluded pursuant to the provisions of subsection (c)(3)(iii)(A) above; the number of shooting days of principal photography occurring in the states listed in subsection (c)(3)(iii)(A) above; and the total other shooting days and the states in which said other shooting days occurred. If the right to prorate is based upon the provisions of subsection (c)(3)(iii)(B) above, the aggregate salaries paid to the Los Angeles production crew and the aggregate salaries paid to the entire production crew; the number of shooting days of principal photography occurring in the states listed in subsection (c)(3)(iii)(B) above; and the total other shooting days and the states in which said other shooting days occurred. If an Application to Prorate is submitted later than the dates specified above, it will nonetheless be deemed granted if the identified picture meets said criteria; provided, however, that, if he deems it necessary, the Administrator of the Pension and Health Plans may require a Producer submitting a late Application to Prorate to allow a special audit of the percentage payments due and the Retired Employees Fund Motion Picture Industry Pension and Health Plans shall be reimbursed by the Producer for all reasonable fees and expenses incurred by the Retired Employees Fund Motion Picture Industry Pension and Health Plans in performing said audit.

Domestic Pictures. (i) If two or more individuals subject to the Basic Agreement are employed on a domestic picture, it will be subject to liability for percentage payments to the extent hereinafter provided. (ii) Except as provided in subsection (c)(3)(iii) below, percentage payments on domestic pictures will be nine percent (9%) of accountable receipts. (iii) Percentage payments on a domestic picture shall be made on a prorated basis in either of the following events: (A) If a majority of the shooting days of principal photography on the motion picture occurred inside the following states - Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Texas, Utah, Washington and Wyoming - and the Los Angeles production crew, as defined above, consists of twenty-nine (29) or fewer individuals. In determining whether twenty-nine (29) or fewer individuals are employed on the picture, the following shall be excluded: make-up artists, hairdressers and costumers who are specifically required to be furnished by the Producer in accordance with the personal service contract of an actor and those individuals engaged in post-post- production or distribution functions, including, but not limited to, editing and looping regardless of where or when those functions are performed; or (B) If a majority of the shooting days of principal photography on the motion picture occurred outside of the following states -- Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Texas, Utah, Washington and Wyoming. The Basic Crafts Unions shall have the right to reinstate the conditions for proration set forth in the Studio Transportation Drivers, Local #399, Agreement of 1988, as amended, if, after study and review by a joint Basic Crafts Union-AMPTP Committee, it is determined that the foregoing proration provisions have an adverse economic impact on the Pension and Health Plans. If the proration provisions under the 1988 Agreement, as amended, are reinstated, such provisions shall apply to domestic motion pictures which commence principal photography more than one hundred twenty (120) days after termination of the proration provisions set forth above. (iv) As to any domestic picture on which the Producer intends to make percentage payments on a prorated basis, an Application to Prorate shall be delivered by the Producer to the Administrator of the Pension and Health Plans on or before the date that the first percentage payment is due to the Plans from Producer. Said Application shall contain the following information: If the right to prorate is based upon the provisions of subparagraph (c)(3)(iii)(A) above, the aggregate salaries paid to the Los Angeles production crew and the aggregate salaries paid to the entire production crew; the number of individuals on the Los Angeles production crew; the number and job classifications of those individuals excluded pursuant to the provisions of subsection (c)(3)(iii)(A) above; the number of shooting days of principal photography occurring in the states listed in subsection (c)(3)(iii)(A) above; and the total other shooting days and the states in which said other shooting days occurred. If the right to prorate is based upon the provisions of subsection (c)(3)(iii)(B) above, the aggregate salaries paid to the Los Angeles production crew and the aggregate salaries paid to the entire production crew; the number of shooting days of principal photography occurring in the states listed in subsection (c)(3)(iii)(B) above; and the total other shooting days and the states in which said other shooting days occurred. If an Application to Prorate is submitted later than the dates specified above, it will nonetheless be deemed granted if the identified picture meets said criteria; provided, however, that, if he deems it necessary, the Administrator of the Pension and Health Plans may require a Producer submitting a late Application to Prorate to allow a special audit of the percentage payments due and the Retired Employees Fund shall be reimbursed by the Producer for all reasonable fees and expenses incurred by the Retired Employees Fund in performing said audit.