FILMING, BROADCASTING, TELEVISION, ETC. Except as provided herein the EMPLOYER shall not videotape, film, broadcast, record or televise, including marketing of videocassettes and/or in theater closed circuit television, any performances, rehearsals, concerts or engagements in which the ARTIST appears by wire, wireless, radio, telephone wireless process or any motion picture, recording, mechanical, electrical or telephone device now in use or hereafter developed or any combination of such devices; AGMA, however shall consider the request of the EMPLOYER for a waiver of the foregoing provision, and the granting of such waiver shall not be unreasonably withheld. XXXXXXXX agrees to notify ARTIST as soon as such waiver is granted by AGMA. Any and all films/videotapes made under this paragraph may not be used for commercial purposes, theatrical exhibition or any purpose other than specifically provided for herein, unless a waiver allowing such use is granted by AGMA, and in the event EMPLOYER violates this provision the ARTISTS shall be compensated at no less than the applicable SAG/AFTRA rates and conditions. Nothing herein shall operate to relieve the EMPLOYER of ultimate responsibility for the safe keeping of the tapes or films and for the proper use thereof as provided in this Agreement except as provided for in (a)(iv) below. The foregoing notwithstanding, XXXX agrees that the EMPLOYER may: (a) Make archival/study films under the following conditions: (i) At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping of in-studio rehearsals. (ii) When recording is done during a rehearsal or performance, no additional compensation will be paid to the ARTIST(S) except when overtime or other penalties are payable under provisions of the Agreement. (iii) Study films may be used exclusively for the purpose of recreating, restaging, restudying and recording choreography, and are to be used strictly as a record by the EMPLOYER and the choreographer or his/her authorized xxxxxx only. ARTISTS' requests to review archival tapes shall not be unreasonably denied. (iv) EMPLOYER shall make available to ARTIST through a twenty-four (24) hour take-home check-in/out library system copies of performance and rehearsal videotapes. ARTIST shall use these videotapes for private study and rehearsal purposes only. ARTIST shall not make any copies of said tapes nor cause nor allow copies of said tapes to be made. ARTISTS shall indemnify and hold EMPLOYER harmless for EMPLOYER all damages caused by ARTIST which EMPLOYER may incur from any unauthorized use by the ARTIST of said videotape while, or as a result of, said tape is or has been in the possession of ARTIST. (b) Cause or allow a television news crew to film or tape a portion of a rehearsal or a performance for television news release under the following conditions: (i) With the exception of "hard news", the ARTIST's prior written consent must be filed at the AGMA office one (1) week prior to any filming or taping and such consent shall not be unreasonably withheld. (ii) At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping. (iii) News media video tapes may be created and broadcast on news programs, including magazine-type and entertainment programs, news documentaries and the like, provided that the total air time does not exceed fifteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
FILMING, BROADCASTING, TELEVISION, ETC. Except as provided herein the EMPLOYER shall not videotape, film, broadcast, record or televise, including marketing of videocassettes recordings and/or in theater closed circuit television, any performances, rehearsals, concerts or engagements in which the ARTIST appears by wire, wireless, radio, telephone wireless process or any motion picture, recording, mechanical, electrical or telephone device now in use or hereafter developed or any combination of such devices; AGMA, however shall consider the request of the EMPLOYER for a waiver of the foregoing provision, and the granting of such waiver shall not be unreasonably withheld. XXXXXXXX agrees to notify ARTIST as soon as such waiver is granted by AGMA. Any and all films/videotapes videotapes/recordings made under this paragraph may not be used for commercial purposes, theatrical exhibition or any purpose other than specifically provided for herein, unless a waiver allowing such use is granted by AGMA, and in the event EMPLOYER violates this provision the ARTISTS shall be compensated at no less than the applicable SAG/AFTRA rates and conditions. Nothing herein shall operate to relieve the EMPLOYER of ultimate responsibility for the safe keeping of the tapes or films and for the proper use thereof as provided in this the Agreement except as provided for in (a)(iva) (3) below. The foregoing notwithstanding, XXXX AGMA agrees that the EMPLOYER may:
(a) Make archival/study films under the following conditions:
(i) At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping of in-studio rehearsals.
(ii1) When recording is done during a rehearsal or performance, no additional compensation will be paid to the ARTIST(S) except when overtime or other penalties are payable under provisions of the Agreement.
(iii2) Study films recordings may be used exclusively for the purpose of recreating, restaging, restudying and recording choreography, and are to be used strictly as a record by the EMPLOYER and the choreographer or his/her their authorized xxxxxx only. ARTISTS' requests to review archival tapes recordings shall not be unreasonably denied.
(iv3) EMPLOYER shall make available to ARTIST through a twenty-four (24) hour take-home check-in/out library system copies of performance and rehearsal videotapesrecordings. ARTIST shall use these videotapes recordings for private study and rehearsal purposes only. ARTIST shall not make any copies of said tapes nor cause nor allow copies of said tapes to be made. ARTISTS shall indemnify and hold EMPLOYER harmless for EMPLOYER all damages caused by ARTIST which EMPLOYER may incur from any unauthorized use by the ARTIST of said videotape while, or as a result of, recording while said tape recording is or has been in the possession of ARTIST. ARTIST shall not make any copies of said recording nor cause nor allow copies of said recording to be made.
(b) Cause or allow a television news crew to film or tape a portion of a rehearsal or a performance for television news release under the following conditions:
(i) With the exception of "hard news", the ARTIST's prior written consent must be filed at the AGMA office one (1) week prior On a case-by-case basis the ARTIST may request to withdraw from any such filming or taping and such consent taping. Such request shall not be unreasonably withhelddenied.
(ii2) At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping.
(iii3) News media video tapes recordings may be created and broadcast on news programs, including magazine-type and entertainment programs, news documentaries and the like, provided that the total air time airtime does not exceed fifteenfifteen (15) minutes and no ballet is broadcast in its entirety. The EMPLOYER may request and AGMA will not unreasonably withhold or deny, a waiver of the foregoing provisions for specific projects. EMPLOYER may use copies of such videotapes for promotional purposes.
4) Except as provided for in Paragraph 23 of this Agreement (for overtime/premium situations defined elsewhere in this Agreement) no premium payments for the ARTISTS shall be required provided no premium payments are made to any other personnel employed by the EMPLOYER during the production of this videotape.
(c) Create, distribute, play and broadcast or allow the creation, distribution, playing and/or broadcast of recordings promoting the EMPLOYER and the EMPLOYER’S performances under the following conditions:
1) On a case-by-case basis the ARTIST may request to withdraw from any such filming or taping. Such request shall not be unreasonably denied.
2) At least twenty-four (24) hours’ advance written notice must be given to the ARTISTS prior to actual filming/taping when archival tapes are made during in-studio rehearsals.
3) Recording for promotional materials may take place during a regular rehearsal, performance or a call specifically for the purposes of such taping. All time involved in such taping shall be considered called time and the provisions of this Agreement relative to rehearsal/performance conditions, hours available and rest breaks shall apply.
4) Promotional recordings may be distributed, played and broadcast without restriction providing the total airtime for any one ARTIST does not exceed one hundred eighty (180) seconds and no ballet is shown in its entirety. The EMPLOYER may request and AGMA will not unreasonably withhold or deny a waiver of the foregoing provision for specific projects. Any film footage used for publicity purposes which is solely under the EMPLOYER’s control which has two (2) ARTISTS or less must be approved by the ARTISTS involved and shall carry the line: Please credit Dancers- (Dancer’s names). If ARTISTS fail to appear upon request to approve film footage, EMPLOYER shall consider said footage approved without the consent of the ARTIST.
5) Except as provided for in Paragraph 23 of this Agreement (for overtime/premium situations defined elsewhere in this Agreement) no premium payments for the ARTISTS shall be required provided no premium payments are made to any other personnel employed by the EMPLOYER during the production of this recording.
(d) Transmit, or allow to be transmitted, the performance in real time via closed circuit television only to various locations in the theater where the performance is occurring for purposes such as allowing "latecomers" to view the performance until they can be seated and for cueing.
(e) Pacific Northwest Ballet agrees to exert best efforts to the extent that it has contractual rights to do so to compile a digital video file, which has excerpts from archival Videos and recordings of ballets danced by ARTIST. The intent of this digital video file is to document the ARTIST’s career. For this purpose, ARTIST shall have the right to request the following:
1) Throughout their PNB career: One digital video file of no more than thirty (30) minutes total to be made during the first (1st) two (2) seasons of their career at PNB, and one (1) revised video with updated excerpts of no more than thirty
Appears in 1 contract
Samples: Collective Bargaining Agreement
FILMING, BROADCASTING, TELEVISION, ETC. Except as provided herein the EMPLOYER shall not videotape, film, broadcast, record or televise, including marketing of videocassettes video cassettes and/or in in-theater closed circuit television, any performances, rehearsals, concerts or engagements in which the ARTIST appears by wire, wireless, radio, telephone wireless process or any motion picture, recording, mechanical, electrical or telephone device now in use or hereafter developed or any combination of such devices; AGMA, however shall consider the request of the EMPLOYER for a waiver of the foregoing provision, and the granting of such waiver shall not be unreasonably withheld. XXXXXXXX agrees to notify ARTIST as soon as such waiver is granted by AGMA. Any and all films/videotapes made under this paragraph may not be used for commercial purposes, theatrical exhibition or any purpose other than specifically provided for herein, unless a waiver allowing such use is granted by AGMA, and in the event EMPLOYER violates this provision the ARTISTS shall be compensated at no less than the applicable SAG/AFTRA rates and conditions. Nothing herein shall operate to relieve the EMPLOYER of ultimate responsibility for the safe keeping of the tapes or films and for the proper use thereof as provided in this Agreement except as provided for in (a)(iv) below. The foregoing notwithstanding, XXXX agrees that the EMPLOYER may:.
(a) Make archival/study films under the following conditions:
(i) At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping of in-studio rehearsals.
(ii) When recording is done during a rehearsal or performance, no additional compensation will be paid to the ARTIST(S) except when overtime or other penalties are payable under provisions of the this Agreement.
(iii) Study films may be used exclusively for the purpose of recreating, restaging, restudying and recording choreography, and are to be used strictly as a record by the EMPLOYER and the choreographer or his/his or her authorized xxxxxx only. ARTISTS' requests to review archival tapes shall not be unreasonably denied.
(iv) EMPLOYER shall make available to ARTIST through a twenty-four (24) hour take-home check-in/out library system copies of performance and rehearsal videotapes. ARTIST shall use these videotapes for private study and rehearsal purposes only. ARTIST shall not make any copies of said tapes nor cause nor allow copies of said tapes to be made. ARTISTS ARTIST shall indemnify and hold EMPLOYER harmless for EMPLOYER all damages caused by the ARTIST which EMPLOYER may incur from any unauthorized use by the ARTIST of said videotape while, or as a result of, said tape is or has been in the possession of ARTIST.
(b) Cause or allow a television news crew to film or tape a portion of a rehearsal or a performance for television news release under the following conditions:
(i) With the exception of "hard news"" which cannot be scheduled, the ARTIST's prior written consent must be filed at the AGMA office one (1) week prior to any filming or taping and such consent shall not be unreasonably withheld.
(ii) At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping.
(iii) News media video tapes may be created and broadcast on news programs, including magazine-type and entertainment programs, news documentaries and the like, provided that the total air time does not exceed fifteenthirty
Appears in 1 contract
Samples: Collective Bargaining Agreement
FILMING, BROADCASTING, TELEVISION, ETC. Except as provided herein the EMPLOYER shall not videotape, film, broadcast, record or televise, including marketing of videocassettes video cassettes and/or in in-theater closed circuit television, any performances, rehearsals, concerts or engagements in which the ARTIST appears by wire, wireless, radio, telephone wireless process or any motion picture, recording, mechanical, electrical or telephone device now in use or hereafter developed or any combination of such devices; AGMA, however shall consider the request of the EMPLOYER for a waiver of the foregoing provision, and the granting of such waiver shall not be unreasonably withheld. XXXXXXXX agrees to notify ARTIST as soon as such waiver is granted by AGMA. Any and all films/videotapes made under this paragraph may not be used for commercial purposes, theatrical exhibition or any purpose other than specifically provided for herein, unless a waiver allowing such use is granted by AGMA, and in the event EMPLOYER violates this provision the ARTISTS shall be compensated at no less than the applicable SAG/AFTRA rates and conditions. Nothing herein shall operate to relieve the EMPLOYER of ultimate responsibility for the safe keeping of the tapes or films and for the proper use thereof as provided in this Agreement except as provided for in (a)(iva)(4) below. The foregoing notwithstanding, XXXX AGMA agrees that the EMPLOYER may:
(a) Make archival/study films under the following conditions:
(i1) At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping of in-studio rehearsals.
(ii2) When recording is done during a rehearsal or performance, no additional compensation will be paid to the ARTIST(S) except when overtime or other penalties are payable under provisions of the this Agreement.
(iii3) Study films films, of which one will include a full stage shot, may be used exclusively for the purpose of recreating, restaging, restudying and recording choreography, and are to be used strictly as a record by the EMPLOYER and the choreographer or his/her authorized xxxxxx only. only ARTISTS' requests to review archival tapes shall not be unreasonably denied.
(iv4) EMPLOYER shall make available to ARTIST through a twenty-four (24) hour take-home check-in/out library system copies of performance and rehearsal videotapes. ARTIST shall use these videotapes for private study and rehearsal purposes only. ARTIST shall not make any copies of said tapes nor cause nor allow copies of said tapes to be made. ARTISTS ARTIST shall indemnify and hold EMPLOYER harmless for EMPLOYER all damages caused by the ARTIST which EMPLOYER may incur from any unauthorized use by the ARTIST of said videotape while, or as a result of, said tape is or has been in the possession of ARTIST.
(5) Videotapes will be made of each series and of each ARTIST cast in other than a corps role in accordance with the posting specified in paragraph 41(c) of this agreement. The day after the opening these performance videotapes will be available at a time and place as designated by the EMPLOYER. The EMPLOYER, to the extent that it has contractual and legal rights to do so and to the extent administratively feasible, shall provide each ARTIST cast in other than a corps role with a copy of the recording for the ARTIST’s own personal documentation of his or her career.
6) All videotapes made pursuant to the provisions of this paragraph 41(a) on or after July l, 2004 shall have superimposed on it the continuance caption "Milwaukee Ballet Archive Tape."
b) Cause or allow a television news crew to film or tape a portion of a rehearsal or a performance for television news release under the following conditions:
(i1) With the exception of "hard news", ," the ARTIST's prior written consent must be filed at the AGMA office one (1) week prior to any filming or taping and such consent shall not be unreasonably withheld.
(ii2) At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/tapingtaping with the exception of "hard news."
(iii3) News media video tapes may be created and broadcast on news programs, including magazine-type and entertainment programs, news documentaries and the like, provided that the total air time airtime does not exceed fifteenfifteen (15) minutes and no ballet is broadcast in its entirety. The EMPLOYER may request and AGMA will not unreasonably withhold or deny a waiver of the foregoing provisions for specific projects. EMPLOYER may use copies of such videotapes for promotional purposes.
4) Except as provided for in Paragraph 10 of this Agreement (for overtime/premium situations defined elsewhere in this Agreement) no premium payments for the ARTISTS shall be required provided no premium payments are made to any other personnel employed by the EMPLOYER during the production of this videotape.
c) Create, distribute, play and broadcast or allow the creation, distribution, playing and/or broadcast of videotapes promoting the EMPLOYER and the EMPLOYER'S performances under the following conditions:
1) The ARTISTS prior written consent must be filed at the AGMA office one
(1) week prior to any filming or taping and such consent shall not be unreasonably withheld.
2) At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping.
3) Videotaping for promotional tapes may take place during a regular rehearsal, performance or a call specifically for the purposes of such taping. All time involved in such taping shall be considered "called time" and the provisions of this Agreement relative to rehearsal/performance conditions, hours available and rest breaks shall apply.
4) Promotional videotapes may be distributed, played and broadcast without restriction providing the total airtime for any one ARTIST does not exceed ninety (90) seconds and no ballet is shown in its entirety. The EMPLOYER may request and AGMA will not unreasonably withhold or deny a waiver of the foregoing provision for specific projects.
5) Except as provided for in Paragraph 10 of this Agreement (for overtime/premium situations defined elsewhere in this Agreement) no premium payments for the ARTISTS shall be required provided no premium payments are made to any other personnel employed by the EMPLOYER during the production of this videotape.
6) When a video that features two (2) or less Artists is being posted for publicity purposes, the two Artists featured in the video may view it and raise any concerns before it is posted. The Artistic Committee holds the final decision regarding the video.
d) Transmit, or allow to be transmitted, the performance in real time via closed circuit television only to various locations in the theater where the performance is occurring for purposes such as allowing "latecomers" to view the performance until they can be seated and for cueing. [See first unlettered paragraph in this Paragraph 41.]
Appears in 1 contract
Samples: Basic Agreement
FILMING, BROADCASTING, TELEVISION, ETC. Except as provided herein the EMPLOYER shall not videotape, film, broadcast, record or televise, including marketing of videocassettes and/or in theater closed circuit television, any performances, rehearsals, concerts or engagements in which the ARTIST appears by wire, wireless, radio, telephone wireless process or any motion picture, recording, mechanical, electrical or telephone device now in use or hereafter developed or any combination of such devices; AGMA, however shall consider the request of the EMPLOYER for a waiver of the foregoing provision, and the granting of such waiver shall not be unreasonably withheld
1. XXXXXXXX agrees to notify ARTIST as soon as such waiver is granted by AGMA. Any and all films/videotapes made under this paragraph may not be used for commercial purposes, theatrical exhibition or any purpose other than specifically provided for herein, unless a waiver allowing such use is granted by AGMA, and in the event EMPLOYER violates this provision the ARTISTS shall be compensated at no less than the applicable SAG/AFTRA rates and conditions. Nothing herein shall operate to relieve the EMPLOYER of ultimate responsibility for the safe keeping of the tapes or films and for the proper use thereof as provided in this Agreement except as provided for in (a)(iv) below. The foregoing notwithstanding, XXXX agrees that the EMPLOYER may:
(a) Make archival/study films under the following conditions:
(i) At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping of in-studio rehearsals.
(ii) a. When recording is done during a rehearsal or performancePerformance, no additional compensation will be paid to the ARTIST(S) ARTIST except when overtime Overtime or other penalties are payable under provisions of the Agreement.
(iii) b. Study films may be used exclusively for the purpose of recreating, restaging, restudying restudying, and recording choreography, and are to be used strictly as a record by the EMPLOYER OBT and the choreographer or his/her their authorized xxxxxx only. ARTISTS' The ARTIST’s requests to review archival tapes shall not be unreasonably denied. OBT shall insure that each Performance shall be filmed.
(iv) EMPLOYER 2. OBT shall make available to ARTIST the ARTIST, through a twenty-four (24) hour take-home check-in/out library system system, copies of performance and rehearsal videotapesrecordings. The ARTIST shall use these videotapes recordings for private study and rehearsal purposes only. The ARTIST shall not make any copies of said tapes nor cause nor allow copies of said tapes to be made. ARTISTS shall indemnify and hold EMPLOYER OBT harmless for EMPLOYER all damages caused by the ARTIST which EMPLOYER OBT may incur from any unauthorized use by the ARTIST of said videotape while, or as a result of, recording while said tape is or has been in the possession of the ARTIST. The ARTIST shall not make any copies of said recording nor cause nor allow copies of said recording to be made.
(b) Cause or allow a television news crew 3. OBT will distribute to film or tape a portion of a rehearsal or a performance for television news release ARTISTS under the following conditions:
a. ARTISTS may acquire copies of archival/study footage of dance pieces for which XXX is able to obtain full and complete permissions from other parties whose work is presented on such recordings (i) With choreographers, musicians, et al). Any copies provided to ARTIST are for the exception personal documentation of "hard news", the ARTIST's prior written consent must be filed at the AGMA office one (1) week prior to any filming or taping ’s work and such consent copies will not be used by ARTIST or anyone else for restaging or for sale. ARTISTS shall not make any copies of said footage, nor cause or allow any copies of said footage to be unreasonably withheldmade. ARTIST shall furnish OBT with appropriate media for copies. OBT shall supply such footage within a reasonable time period after ARTIST’s request.
(ii) At least twenty-four (24) hours' advance written notice must b. ARTISTs exiting employment with OBT, upon request, will be given digital documentation of their career compiled from ballet footage for which OBT is able to the ARTISTS prior obtain choreographer’s consent for such purpose of up to actual filming/taping.
thirty (iii30) News media video tapes may minutes in total length. OBT and AGMA will meet in Joint Committee to discuss a mutually agreeable process for creating this digital documentation to be created and broadcast on news programs, including magazine-type and entertainment programs, news documentaries and the like, provided that the total air time does not exceed fifteencompleted within six
Appears in 1 contract
Samples: Collective Bargaining Agreement
FILMING, BROADCASTING, TELEVISION, ETC. Except as provided herein the EMPLOYER shall not videotape, film, broadcast, record or televise, including marketing of videocassettes video cassettes and/or in in-theater closed circuit television, any performances, rehearsals, concerts or engagements in which the ARTIST appears by wire, wireless, radio, telephone wireless process or any motion picture, recording, mechanical, electrical or telephone device now in use or hereafter developed or any combination of such devices; AGMA, however shall consider the request of the EMPLOYER for a waiver of the foregoing provision, and the granting of such waiver shall not be unreasonably withheld. XXXXXXXX agrees to notify ARTIST as soon as such waiver is granted by AGMA. Any and all films/videotapes made under this paragraph may not be used for commercial purposes, theatrical exhibition or any purpose other than specifically provided for herein, unless a waiver allowing such use is granted by AGMA, and in the event EMPLOYER violates this provision the ARTISTS shall be compensated at no less than the applicable SAG/AFTRA rates and conditions. Nothing herein shall operate to relieve the EMPLOYER of ultimate responsibility for the safe keeping of the tapes or films and for the proper use thereof as provided in this Agreement except as provided for in (a)(iv) below. The foregoing notwithstanding, XXXX AGMA agrees that the EMPLOYER may:
(a) Make archival/study films under the following conditions:
(i) At least twenty-four (24) hours' ’ advance written notice must be given to the ARTISTS prior to actual filming/taping of in-studio rehearsals.
(ii) When recording is done during a rehearsal or performance, no additional compensation will be paid to the ARTIST(S) except when overtime or other penalties are payable under provisions of the this Agreement.
(iii) Study films may be used exclusively for the purpose of recreating, restaging, restudying and recording choreography, and are to be used strictly as a record by the EMPLOYER and the choreographer or his/his or her authorized xxxxxx only. ARTISTS' ’ requests to review archival tapes shall not be unreasonably denied.
(iv) EMPLOYER shall make available to ARTIST ARTIST, through a twenty-four (24) hour take-home check-in/out library system that requires the ARTIST to sign out any material, copies of performance and rehearsal videotapesmedia captures. ARTIST shall use these videotapes media captures for private study and rehearsal purposes only. ARTIST shall not make any copies of said tapes captures nor cause nor allow copies of said tapes captures to be made. ARTISTS ARTIST shall indemnify and hold EMPLOYER harmless for EMPLOYER all damages caused by the ARTIST which EMPLOYER may incur from any unauthorized use by the ARTIST of said videotape media capture while, or as a result of, said tape capture is or has been in the possession of ARTIST. All materials must be returned to the EMPLOYER by the end of the season.
(b) Cause or allow a television news crew to film or tape a portion of a rehearsal or a performance for television news release under the following conditions:
(i) With the exception of "“hard news"” which cannot be scheduled, the ARTIST's ’s prior written consent must be filed at the AGMA office one (1) week prior to any filming or taping and such consent shall not be unreasonably withheld.
(ii) At least twenty-four (24) hours' ’ advance written notice must be given to the ARTISTS prior to actual filming/taping.
(iii) News media video tapes may be created and broadcast on news programs, including magazine-type and entertainment programs, news documentaries and the like, provided that the total air time does not exceed fifteenthirty (30) minutes and no ballet is broadcast in its entirety. The EMPLOYER may request and AGMA will not unreasonably withhold or deny a waiver of the foregoing provisions for specific projects. EMPLOYER may use copies of such videotapes for promotional purposes.
(iv) Except as provided for in Paragraph 16. of this Agreement (for overtime/premium situations defined elsewhere in this Agreement) no premium payments for the ARTISTS shall be required provided no premium payments are made to any other personnel employed by the EMPLOYER during the production of this videotape.
(c) Create, distribute, play and broadcast or allow the creation, distribution, playing and/or broadcast of videotapes promoting the EMPLOYER and the EMPLOYER’S performances under the following conditions:
(i) The ARTIST’s prior written consent must be filed at the AGMA office one
(1) week prior to any filming or taping and such consent shall not be unreasonably withheld.
(ii) At least twenty-four (24) hours’ advance written notice must be given to the ARTISTS prior to actual filming/taping.
(iii) Videotaping for promotional tapes may take place during a regular rehearsal, performance or a call specifically for the purposes of such taping. All time involved in such taping shall be considered “called time” and the provisions of this Agreement relative to rehearsal/performance conditions, hours available and rest breaks shall apply.
(iv) Promotional videotapes of not more than fifteen (15) minutes may be distributed, played and broadcast without restriction providing no ballet is shown in its entirety. The EMPLOYER may request and AGMA will not unreasonably withhold or deny a waiver of the foregoing provision for specific projects.
(v) Except as provided for in Paragraph 16. of this Agreement (for overtime/premium situations defined elsewhere in this Agreement) no premium payments for the ARTISTS shall be required provided no premium payments are made to any other personnel employed by the EMPLOYER during the production of this videotape.
(d) Transmit, or allow to be transmitted, the performance in real time via closed circuit television only to various locations in the theater where the performance is occurring for purposes such as allowing “latecomers” to view the performance until they can be seated and for cueing. [See first unlettered paragraph in this Paragraph 40.]
(e) Artist access to video clips is set forth in Paragraph 35(i).
(f) The EMPLOYER may allow representatives from the Xxxxxx Xxxxxxx Dance Division of The New York Public Library for the Performing Arts to make an archival video recording of one performance per New York City tour/production. One copy of the recording will be provided to the choreographer, one to the Ballet Hispánico, and one to the presenter, if requested. These copies are for archival, educational, and promotional use only. The recordings are not to be distributed for commercial purposes. The credit on the tape will read: “The Artists of the Ballet Hispánico, members of the American Guild of Musical Artists, AFL-CIO, have graciously donated their services for this very special project.”
Appears in 1 contract
Samples: Basic Agreement
FILMING, BROADCASTING, TELEVISION, ETC. Except as provided herein the EMPLOYER shall A. The Employer agrees that it will not videotapefilm, filmtape, make video and/or audio cassettes, broadcast, record or televise, including marketing of videocassettes and/or in theater closed circuit televisiontelevise from the stage or any studio or otherwise, any performances, rehearsals, concerts or engagements rehearsals and/or performances in which the ARTIST appears Employee appears, by wire, wireless, radio, telephone telephone, wireless process or any process, television, motion picture, recording, mechanical, electrical or telephone device now in use or hereafter developed developed, or any combination of such devices; AGMA, however however, shall consider a request by the request of the EMPLOYER Employer for a waiver of the foregoing provision, and the granting of such a waiver shall not be unreasonably withheldat the absolute discretion of AGMA and upon such terms and conditions as are determined by AGMA, except as permitted below.
B. AGMA will permit the Employer to make audio and video tapes which are marked and restricted for archival and study purposes for the exclusive use of the opera company for re-staging and remounting productions. XXXXXXXX Should there be any release, distribution, sale or any other usage made of these “study” or “archival” tapes, the Employer agrees to notify ARTIST compensate all Employees the appropriate prevailing compensation.
C. AGMA will permit a maximum of five (5) minutes of live video or audio tape to be used for radio and video news or magazine programs for publicity purposes. This is restricted for NEWS or magazine broadcast only. If an Employee is invited to appear as soon as such waiver a guest Employee on a “talk show” or the like, the Employee may use a five (5) minute insert where he or she is granted by AGMApredominant for promotional and publicity purposes. Any and all films/videotapes made under this paragraph Under no circumstances may not these inserts be used for commercial purposesadvertising of the opera company on television or radio stations.
D. Notwithstanding the provisions of (A) above, theatrical exhibition or any purpose other than specifically provided for hereinthe Employer is allowed to showcase, unless a without compensation, one radio broadcast of each of the season’s operas on one local Pittsburgh Public, non-profit radio station. It is understood by the Employer that this waiver allowing such use of compensation is granted by AGMA, and applicable only if all unions involved in the event EMPLOYER violates this provision broadcast also waive. Should the ARTISTS shall broadcast be compensated at no less than possible on a national level all union fees applicable will be separately negotiated. In addition, a one-time online stream on the applicable SAG/AFTRA rates and conditions. Nothing herein shall operate to relieve the EMPLOYER Employer’s website of ultimate responsibility for the safe keeping each of the tapes or films and for the proper use thereof as provided in this Agreement except as provided for in (a)(iv) below. The foregoing notwithstanding, XXXX agrees that the EMPLOYER may:
(a) Make archival/study films under the following conditions:
(i) At least twenty-four (24) hours' advance written notice must season’s operas will be given to the ARTISTS prior to actual filming/taping of in-studio rehearsalspermitted.
(ii) When recording is done during a rehearsal or performance, no additional compensation will be paid to E. Notwithstanding the ARTIST(S) except when overtime or other penalties are payable under provisions of the Agreement.
(iiiA) Study films may be used exclusively for the purpose of recreating, restaging, restudying and recording choreography, and are to be used strictly as a record by the EMPLOYER and the choreographer or his/her authorized xxxxxx only. ARTISTS' requests to review archival tapes shall not be unreasonably denied.
(ivC) EMPLOYER shall make available to ARTIST through a twenty-four (24) hour take-home check-in/out library system copies of performance and rehearsal videotapes. ARTIST shall use these videotapes for private study and rehearsal purposes only. ARTIST shall not make any copies of said tapes nor cause nor allow copies of said tapes to be made. ARTISTS shall indemnify and hold EMPLOYER harmless for EMPLOYER all damages caused by ARTIST which EMPLOYER may incur from any unauthorized use by the ARTIST of said videotape while, or as a result of, said tape is or has been in the possession of ARTIST.
(b) Cause or allow a television news crew to film or tape a portion of a rehearsal or a performance for television news release under the following conditions:
(i) With the exception of "hard news"above, the ARTIST's prior written consent must be filed at the AGMA office Employer is allowed to produce, without compensation, one (1) week prior television commercial up to any filming or taping and such consent shall not be unreasonably withheld.
(ii) At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping.
(iii) News media video tapes may be created and broadcast on news programs, including magazine-type and entertainment programs, news documentaries and the like, provided that the total air time does not exceed fifteensixty
Appears in 1 contract
Samples: Basic Agreement
FILMING, BROADCASTING, TELEVISION, ETC. Except as provided herein the The EMPLOYER shall not videotape, film, broadcast, record or televise, including marketing of videocassettes for video cassettes and/or in theater closed circuit television, any performances, rehearsals, concerts or engagements in which the ARTIST appears by wire, wireless, radio, telephone wireless process or any motion picture, recording, mechanical, electrical or telephone device now in use or hereafter developed or any combination of such devices; AGMA, however shall consider the request of the EMPLOYER for a waiver of the foregoing provision, and the granting of such waiver shall not be unreasonably withheld. XXXXXXXX agrees to notify ARTIST as soon as such waiver is granted by AGMA. Any and all films/videotapes made under this paragraph may not be used for commercial purposes, theatrical exhibition or any purpose other than specifically provided for herein, unless a waiver allowing such use is granted by AGMA, and in the event EMPLOYER violates this provision the ARTISTS shall be compensated at no less than the applicable SAG/AFTRA rates and conditions. Nothing herein shall operate to relieve the EMPLOYER of ultimate responsibility for the safe keeping of the tapes or films and for the proper use thereof as provided in this Agreement except as provided for in (a)(iv) below. The foregoing notwithstanding, XXXX agrees that the EMPLOYER may:
(a) Make may make archival/study films on regular rehearsal time under the following conditions:
(ia) At least twenty-four (24) hours' advance written notice must All time spent in such filming shall be given to considered as rehearsal time and paid for at the ARTISTS prior to actual filming/taping of in-studio rehearsals.
(ii) When recording is done during a rehearsal or performance, no additional compensation will be paid to appropriate rate contained in the ARTIST(S) except when overtime or other penalties are payable under provisions of the Basic Agreement.
(iiib) Study These study films may be used exclusively for the purpose of recreating, restaging, restudying and recording choreography, and are to be used strictly as a record by the EMPLOYER and the choreographer or his/her authorized xxxxxx only. ARTISTS' requests to review archival tapes shall not be unreasonably denied.
(ivc) The study films may be used by the EMPLOYER shall make available only with the consent of the "Owner of the Rights" to ARTIST through a twenty-four the dance piece, e.g., choreographer and/or dance company.
(24d) hour take-home check-in/out library system ARTISTS may acquire copies of performance and rehearsal videotapes. ARTIST shall use these archival/study videotapes for private study and rehearsal purposes onlypersonal documentation of career. It is further agreed that such copies will not be used by ARTISTS or anyone else for restaging or for sale. ARTIST shall not make any copies of said tapes tapes, nor cause nor or allow any copies of said tapes to be made. ARTISTS ARTIST shall indemnify and hold harmless the EMPLOYER harmless for EMPLOYER all damages caused by ARTIST which the EMPLOYER may incur from any unauthorized use by the ARTIST of said videotape video tapes while, or as a result of, said tape is being or has having been in the possession of ARTIST.
(be) Cause All such films must be taken in practice clothes and under rehearsal studio conditions.
(f) In the event the EMPLOYER violates any of the provisions contained herein or allow such videotapes or films are used by any person or corporation or organization other than the EMPLOYER for any purpose whatsoever, the EMPLOYER agrees that he/she will compensate all members of AGMA appearing in such film at the appropriate rate of compensation and conditions of the union having jurisdiction over such use.
(g) In the event that a local television news crew wishes to film or tape a portion of a rehearsal or a performance for a local television news release under the following conditions:
(i) With the exception of "hard news"release, the ARTIST's prior written consent EMPLOYER must be filed at enforce the AGMA office one (1) week prior to any filming or taping and such consent shall not be unreasonably withheldArticles stated in the attached Exhibit 2.
(iih) At least twenty-four (24) hours' advance written notice must be given Subject to the ARTISTS prior to actual filming/taping.
(iii) News media provisions of Exhibit 2, promotional news video tapes may be created and broadcast on news programs, including magazinewithout penalty as long as the primary emphasis of the showing is news-type and entertainment programs, news documentaries related and the like, provided that the total air air-time for any individual ARTIST does not exceed fifteenfifteen (15) minutes.
(i) These films may not be used for commercial purposes, theatrical exhibition or any other purpose other than specifically provided herein.
Appears in 1 contract
Samples: Collective Bargaining Agreement
FILMING, BROADCASTING, TELEVISION, ETC. Except as provided herein a. Recognizing that performing arts organizations may, from time to time, need the EMPLOYER shall not flexibility to present performances via videotape, film, broadcast, record recording or televisetelevision, including marketing of videocassettes video cassettes and/or in in-theater closed circuit television, any performances, rehearsals, concerts or engagements in which the ARTIST appears by wire, wireless, radio, telephone wireless process or any motion picture, recording, mechanical, electrical or telephone device now in use or hereafter developed or any combination of such devices; AGMA, however shall consider the request of the EMPLOYER for a waiver of the foregoing provision, and the granting of such waiver shall not be unreasonably withheld. XXXXXXXX agrees to notify ARTIST as soon as such waiver is granted by AGMA. Any and all films/videotapes made under this paragraph may not be used for commercial purposes, theatrical exhibition or any purpose other than specifically provided for herein, unless a waiver allowing such use is granted by AGMA, and in the event EMPLOYER violates this provision the ARTISTS shall be compensated at no less than the applicable SAG/AFTRA rates and conditions. Nothing herein shall operate to relieve the EMPLOYER of ultimate responsibility for the safe keeping of the tapes or films and for the proper use thereof as provided in this Agreement except as provided for in (a)(iv) below. The foregoing notwithstanding, XXXX AGMA agrees that the EMPLOYER may:may do so subject to the following conditions.
i. The EMPLOYER shall notify AGMA of possible media streaming opportunities at monthly Joint Committee meetings. If the EMPLOYER wishes to record and stream ARTISTS while they are performing, it shall promptly notify AGMA and negotiate a mutually agreeable streaming fee for live or delayed streaming activities that are not intended to and do not result in a commercial profit. Such payments shall be made within one week of the digital release or streaming.
ii. The EMPLOYER may monetize such streams with no additional payment if the amount does not exceed what would normally be earned through a ticketed live performance run. If the amount exceeds what would normally be earned through a ticketed live performance run, the EMPLOYER and AGMA will meet promptly to negotiate revenue sharing terms.
iii. These provisions shall not apply to documentary films, or any other type of film or video recording created by a third-party entity or other commercial ventures. The EMPLOYER agrees that such commercial or potentially commercial ventures shall require negotiations among all parties (athe EMPLOYER, AGMA, and the producer), and a separate memorandum of understanding that includes additional streaming fees and other ARTISTS’ protections.
iv. Unless otherwise agreed to with AGMA, the EMPLOYER will retain ownership and control of all media products.
v. The EMPLOYER shall keep records of all sums received for streaming, including the amount that would normally be earned through a ticketed live performance run and shall disclose this information to AGMA at regularly scheduled Joint Committee meetings.
vi. Each ARTIST will be credited by name in the end crawl credits of the Media. In addition, the following credit shall appear in the end credits of the film: “Dancers appear through the courtesy of the American Guild of Musical Artists, AFL-CIO,” along with the AGMA logo in a form to be provided by AGMA.
vii. Promptly upon the initial broadcast or release of the Media, each ARTIST shall receive access to a password protected link where a streaming, non-downloadable copy will be available for viewing via online transmission.
viii. ARTISTS will receive at least forty-eight (48) Make hours advance written notice prior to actual filming/taping (for purposes of b-roll or run throughs), except if an opportunity that could not be reasonably anticipated arises the notice shall be given as soon as practicable and no later than twenty-four (24) hours in advance. For any media usage that is not transmitted in real-time or near real-time (e.g., livestreaming), AGMA and ARTISTS will be notified of the planned media usage of the ARTISTS’ work at least five (5) days in advance via email. Written notice will not be required when the artistic staff videotapes rehearsals for the purpose of capturing choreography for study purposes for both the artistic staff and dancers. ARTISTS shall provide notification to the EMPLOYER before videotaping rehearsals for study purposes and shall obtain permission from the EMPLOYER for any other use of the recording.
ix. Upon request, an ARTIST is entitled to receive up to three (3) minutes of performance or rehearsal capture of any production in which the ARTIST is prominently featured for the ARTIST’S personal and promotional use. Posting on social media by an ARTIST may only occur with permission from the EMPLOYER. For videos taken in the theater with live music, ARTIST may only post on social media without sound. For videos to work with recorded music, ARTISTS may only post under 60 seconds on social media.
x. Video recordings of ARTISTS shall not be available in perpetuity. The EMPLOYER and AGMA will meet during the term of this Agreement to negotiate time limits and additional fees, if appropriate, for use of ARTISTS’ images over an extended time period.
b. The EMPLOYER may make archival/study films under the following conditions:
(i) i. At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping of in-studio rehearsalsrehearsals for archival purposes. In the event filming is to be used for study purposes only, EMPLOYER will make best efforts to notify 24 hours in advance but may film same day as needed.
(ii) . When recording is done during a rehearsal or performance, no additional compensation will be paid to the ARTIST(S) except when overtime or other penalties are payable under provisions of the this Agreement.
(iii) . Study films may be used exclusively for the purpose of recreating, restaging, restudying and recording choreography, and are to be used strictly as a record by the EMPLOYER and the choreographer or his/her their authorized xxxxxx only. ARTISTS' ARTIST requests to review archival tapes recording(s) shall be subject to the discretion of the EMPLOYER but will not be unreasonably denied.
(iv) . EMPLOYER shall make available to ARTIST through a twenty-four (24) hour take-home check-in/out library system copies of access to performance and rehearsal videotapesrecordings. ARTIST ARTISTS shall use these videotapes recordings for private study and rehearsal purposes only. ARTIST ARTISTS shall not make any copies of said tapes recordings nor cause nor allow copies of said tapes to be made. ARTISTS shall indemnify and hold EMPLOYER harmless for EMPLOYER all damages caused by the ARTIST which EMPLOYER may incur from any unauthorized use by the ARTIST of said videotape whilerecording. The process for viewing said recordings will be detailed in the Dancer's Handbook and will be updated annually as digital technology evolves.
v. XXXXXXXX agrees to exert best efforts, or to the extent it has the contractual right to do so, to facilitate compilation of an archival reel of an ARTIST'S work as a result ofdancer for the Philadelphia Ballet containing footage requested by the ARTIST on the following conditions:
1. A request may be made every 2 years (more often if possible).
2. Maximum of 30 minutes of footage.
3. Maximum of 3 minutes per Ballet.
4. Artist must cue up segments.
5. Subject to ready availability of footage, said tape and the footage provided will begin at the start of the 2016-2017 season, but earlier footage will be provided if it is readily available.
6. Employer retains rights to include appropriate distortion to avoid duplication.
7. Artists must sign a Limited Use Agreement.
8. For personal documentation only and not for restaging or has been sale.
9. Copies may not be made.
10. May not be posted or otherwise shown on social media/internet.
vi. The EMPLOYER'S obligation shall be subject to the availability of a member of staff with the requisite technical ability and time to assist in the possession completion of ARTISTthe archival reel. In the event of multiple requests at the same time, the EMPLOYER will give priority based on seniority unless otherwise agreed in writing with the AGMA delegates.
(b) Cause c. The EMPLOYER may cause or allow a television news crew to film or tape a portion of a rehearsal or a performance for television news release under the following conditions:
(i) With the exception of "i. Except for “hard news", the ARTIST's prior written consent must be filed at the AGMA office one (1) week prior to any filming or taping and such consent shall not be unreasonably withheld.
(ii) . At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping.
(iii) . News media video tapes may be created and broadcast on news programs, including magazine-type and entertainment programs, news documentaries and the like, provided that the total air time airtime does not exceed fifteenfifteen (15) minutes and no ballet is broadcast in its entirety. The EMPLOYER may request and AGMA will not unreasonably withhold or deny a waiver of the foregoing provisions for specific projects. EMPLOYER may use copies of such videotapes for promotional purposes.
iv. Except as provided for in Paragraph 19 of this Agreement (for overtime/premium situations defined elsewhere in this Agreement) no premium payments for the ARTISTS shall be required provided no premium payments are made to any other personnel employed by the EMPLOYER during the production of this videotape.
d. The EMPLOYER may create, distribute, play, and broadcast or allow the creation, distribution, playing and/or broadcast of videotapes promoting the EMPLOYER and the EMPLOYER'S performances under the following conditions:
i. At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping.
ii. Videotaping for promotional tapes may take place during a regular rehearsal, performance or a call specifically for the purposes of such taping. All time involved in such taping shall be considered "called time" and the provisions of this Agreement relative to rehearsal/performance conditions, hours available and rest breaks shall apply.
iii. Promotional videotapes may be distributed, played, and broadcast without restriction providing the total airtime for any one ARTIST does not exceed ninety (90) seconds and no ballet is shown in its entirety. The EMPLOYER may request and AGMA will not unreasonably withhold or deny a waiver of the foregoing provision for specific projects.
iv. Except as provided for in Paragraph 19 of this Agreement (for overtime/premium situations defined elsewhere in this Agreement) no premium payments for the ARTISTS shall be required provided no premium payments are made to any other personnel employed by the EMPLOYER during the production of this videotape.
v. EMPLOYER may use three (3) minutes of videotape of each ballet or rehearsal for promotional and educational purposes. Two Dancers elected by the Dancers have the right to view such videotapes and discuss their use with the EMPLOYER. The EMPLOYER shall give due consideration to any of their objections or suggestions regarding use, but the decision on the footage remains the decision of the Artistic Director and there shall be no obligation to make changes. Review must be done within 48 hours. If for any reason 48 hours is impractical, an extension shall be agreed upon not to exceed an additional 48 hours.
vi. The EMPLOYER may transmit, or allow to be transmitted, the performance in real time via closed circuit television only to various locations in the theater where the performance is occurring for purposes such as allowing "latecomers" to view the performance until they can be seated and for cueing.
e. The EMPLOYER agrees that creating content for, posting, and any other activities involving social media are not mandatory Artist Activities. The EMPLOYER agrees to post a sign-up sheet on the Dancer Portal for ARTISTS who wish to engage in social media activities for the Company. If the EMPLOYER wishes to ask a particular ARTIST to provide social media activities, the request will be made through the Company Manager only.
Appears in 1 contract
Samples: Collective Bargaining Agreement
FILMING, BROADCASTING, TELEVISION, ETC. Except as provided herein the EMPLOYER shall not videotape, film, broadcast, record or televise, including marketing of videocassettes and/or in theater closed circuit television, any performances, rehearsals, concerts or engagements in which the ARTIST appears by wire, wireless, radio, telephone wireless process or any motion picture, recording, mechanical, electrical or telephone device now in use or hereafter developed or any combination of such devices; AGMA, however shall consider the request of the EMPLOYER for a waiver of the foregoing provision, and the granting of such waiver shall not be unreasonably withheld. XXXXXXXX agrees to notify ARTIST as soon as such waiver is granted by AGMA. Any and all films/videotapes made under this paragraph may not be used for commercial purposes, theatrical exhibition or any purpose other than specifically provided for herein, unless a waiver allowing such use is granted by AGMA, and in the event EMPLOYER violates this provision the ARTISTS shall be compensated at no less than the applicable SAG/AFTRA rates and conditions. Nothing herein shall operate to relieve the EMPLOYER of ultimate responsibility for the safe keeping of the tapes or films and for the proper use thereof as provided in this the Agreement except as provided for in (a)(iva) (3) below. The foregoing notwithstanding, XXXX agrees that the EMPLOYER may:
(a) Make archival/study films under the following conditions:
(i) At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping of in-studio rehearsals.
(ii1) When recording is done during a rehearsal or performance, no additional compensation will be paid to the ARTIST(S) except when overtime or other penalties are payable under provisions of the Agreement.
(iii2) Study films may be used exclusively for the purpose of recreating, restaging, restudying xxxxxxxxxx and recording choreography, and are to be used strictly as a record by the EMPLOYER and the choreographer or his/her authorized xxxxxx only. ARTISTS' requests to review archival tapes shall not be unreasonably denied.
(iv3) EMPLOYER shall make available to ARTIST through a twenty-four (24) hour take-home check-in/out library system copies of performance and rehearsal videotapes. ARTIST shall use these videotapes for private study and rehearsal purposes only. ARTISTS shall indemnify and hold EMPLOYER harmless for all damages caused by ARTIST which EMPLOYER may incur from any unauthorized use by the ARTIST of said video tape while said tape is or has been in the possession of ARTIST. ARTIST shall not make any copies of said tapes nor cause nor allow copies of said tapes to be made. ARTISTS shall indemnify and hold EMPLOYER harmless for EMPLOYER all damages caused by ARTIST which EMPLOYER may incur from any unauthorized use by the ARTIST of said videotape while, or as a result of, said tape is or has been in the possession of ARTIST.
(b) Cause or allow a television news crew to film or tape a portion of a rehearsal or a performance for television news release under the following conditions:
(i) With the exception of "hard news", the ARTIST's prior written consent must be filed at the AGMA office one (1) week prior On a case by case basis the ARTIST may request to withdraw from any such filming or taping and such consent taping. Such request shall not be unreasonably withhelddenied.
(ii2) At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping.
(iii3) News media video tapes may be created and broadcast on news programs, including magazine-type and entertainment programs, news documentaries and the like, provided that the total air time airtime does not exceed fifteenfifteen (15) minutes and no ballet is broadcast in its entirety. The EMPLOYER may request and AGMA will not unreasonably withhold or deny, a waiver of the foregoing provisions for specific projects. EMPLOYER may use copies of such videotapes for promotional purposes.
4) Except as provided for in Paragraph 22 of this Agreement (for overtime/premium situations defined elsewhere in this Agreement) no premium payments for the ARTISTS shall be required provided no premium payments are made to any other personnel employed by the EMPLOYER during the production of this videotape.
(c) Create, distribute, play and broadcast or allow the creation, distribution, playing and/or broadcast of videotapes promoting the EMPLOYER and the EMPLOYER’S performances under the following conditions:
1) On a case by case basis the ARTIST may request to withdraw from any such filming or taping. Such request shall not be unreasonably denied.
2) At least 24 hours advance written notice must be given to the ARTISTS prior to actual filming/taping when archival tapes are made during in-studio rehearsals.
3) Videotaping for promotional tapes may take place during a regular rehearsal, performance or a call specifically for the purposes of such taping. All time involved in such taping shall be considered called time and the provisions of this Agreement relative to rehearsal/performance conditions, hours available and rest breaks shall apply.
4) Promotional videotapes may be distributed, played and broadcast without restriction providing the total airtime for any on ARTIST does not exceed ninety (90) seconds and no ballet is shown in its entirety. The EMPLOYER may request and AGMA will not unreasonably withhold or deny a waiver of the foregoing provision for specific projects.
5) Except as provided for in Paragraph 22 of this Agreement (for overtime/premium situations defined elsewhere in this Agreement) no premium payments for the ARTISTS shall be required provided no premium payments are made to any other personnel employed by the EMPLOYER during the production of this videotape.
(d) Transmit, or allow to be transmitted, the performance in real time via closed circuit television only to various locations in the theater where the performance is occurring for purposes such as allowing "latecomers" to view the performance until they can be seated and for cueing.
(e) Pacific Northwest Ballet agrees to exert best efforts to the extent that it has contractual rights to do so to compile a video tape, which has excerpts from archival video tapes of ballets danced by ARTIST. The intent of this tape is to document the ARTIST’s career and ARTIST shall have the right to request one tape be made during his/her career at P.N.B. and one tape be made upon his/her retirement or non- reengagement from P.N.B. Excerpts shall be no longer than 3 minutes each and each tape shall not be longer than 30 minutes total. ARTIST shall be responsible to select specific excerpts for the tape and shall indemnify and hold EMPLOYER harmless for all damages caused by ARTIST which EMPLOYER may incur from any unauthorized use by the ARTIST of said video tape while said tape is or has been in the possession of ARTIST. ARTIST shall not make any copies of said tapes nor cause nor allow copies of said tapes to be made.
Appears in 1 contract
Samples: Collective Bargaining Agreement
FILMING, BROADCASTING, TELEVISION, ETC. Except as provided herein below, the EMPLOYER shall not videotape, film, broadcast, record or televise, including marketing marking for video cassettes and/or televise, with the exception of videocassettes and/or in in-theater closed circuit television, any performances, rehearsals, concerts or engagements in which the ARTIST appears by wire, wireless, radio, telephone wireless process or any motion picture, recording, mechanical, electrical or digital, or telephone device now in use or hereafter developed or any combination of such devices; AGMA, however however, shall consider the request of the EMPLOYER for a waiver of the foregoing provision, and the granting of such waiver shall not be unreasonably withheld. XXXXXXXX agrees to notify ARTIST as soon as such waiver is granted by AGMA. Any For any week in which EMPLOYER plans to capture footage (beyond footage captured at an otherwise scheduled rehearsal or performance), EMPLOYER will follow the terms and all films/videotapes made under conditions set forth in this paragraph may not be Agreement which pertain to Rehearsal Weeks unless, filming conditions are such so as to make this impossible, in which case, EMPLOYER will meet with AGMA at least two (2) weeks in advance to mutually agree upon an appropriate remedy. In the event the EMPLOYER violates any of the provisions contained herein, or such videos or films are used by any person or corporation or organization other than the EMPLOYER for commercial purposes, theatrical exhibition or any purpose other than specifically provided for hereinwhatsoever, unless a waiver allowing the EMPLOYER agrees that it will compensate all members of AGMA appearing in such use is granted by AGMA, film at the appropriate rate of compensation and in conditions of the event EMPLOYER violates this provision the ARTISTS shall be compensated at no less than the applicable SAG/AFTRA rates and conditionsunion having jurisdiction over such use. Nothing herein shall operate to relieve the EMPLOYER of ultimate responsibility for the safe keeping of the tapes or films films, and for the proper use thereof as provided in this Agreement Agreement, except as provided for in (a)(iv) below. The foregoing notwithstanding, XXXX agrees that the EMPLOYER may:
(a) Make archival/study films under the following conditions:
(i) At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping of in-studio rehearsals.
(ii) When recording is done during a rehearsal or performance, no additional compensation will be paid to the ARTIST(S) except when overtime or other penalties are payable under provisions of the Agreement.
(iii) Study films may be used exclusively for the purpose of recreating, restaging, restudying and recording choreography, and are to be used strictly as a record by the EMPLOYER and the choreographer or his/her authorized xxxxxx only. ARTISTS' requests to review archival tapes shall not be unreasonably denied.
(iv) EMPLOYER shall make available to ARTIST through a twenty-four (24) hour take-home check-in/out library system copies of performance and rehearsal videotapes. ARTIST shall use these videotapes for private study and rehearsal purposes only. ARTIST shall not make any copies of said tapes nor cause nor allow copies of said tapes to be made. ARTISTS shall indemnify and hold EMPLOYER harmless for EMPLOYER all damages caused by ARTIST which EMPLOYER may incur from any unauthorized use by the ARTIST of said videotape while, or as a result of, said tape is or has been in the possession of ARTIST.
(b) Cause or allow a television news crew to film or tape a portion of a rehearsal or a performance for television news release under the following conditions:
(i) With the exception of "hard news", the ARTIST's prior written consent must be filed at the AGMA office one (1) week prior to any filming or taping and such consent shall not be unreasonably withheld.
(ii) At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping.
(iii) News media video tapes may be created and broadcast on news programs, including magazine-type and entertainment programs, news documentaries and the like, provided that the total air time does not exceed fifteen
Appears in 1 contract
Samples: Basic Agreement
FILMING, BROADCASTING, TELEVISION, ETC. Except as provided herein the EMPLOYER shall not videotape, film, broadcast, record or televise, including marketing of videocassettes video cassettes and/or in in-theater closed circuit television, any performances, rehearsals, concerts or engagements in which the ARTIST appears by wire, wireless, radio, telephone wireless process or any motion picture, recording, mechanical, electrical or telephone device now in use or hereafter developed or any combination of such devices; AGMA, however shall consider the request of the EMPLOYER for a waiver of the foregoing provision, and the granting of such waiver shall not be unreasonably withheld. XXXXXXXX agrees to notify ARTIST as soon as such waiver is granted by AGMA. Any and all films/videotapes made under this paragraph may not be used for commercial purposes, theatrical exhibition or any purpose other than specifically provided for herein, unless a waiver allowing such use is granted by AGMA, and in the event EMPLOYER violates this provision the ARTISTS shall be compensated at no less than the applicable SAG/AFTRA rates and conditions. Nothing herein shall operate to relieve the EMPLOYER of ultimate responsibility for the safe keeping of the tapes or films and for the proper use thereof as provided in this Agreement except as provided for in (a)(iv) below. The foregoing notwithstanding, XXXX agrees that the EMPLOYER may:
(a) Make archival/study films under the following conditions:
(i) At EMPLOYER will make best efforts to give written notice to ARTISTS at least twenty-four (24) hours' advance written notice must be given to the ARTISTS hours prior to actual filming/taping of in-studio rehearsals.
(ii) When recording is done during a rehearsal or performance, no additional compensation will be paid to the ARTIST(S) except when overtime or other penalties are payable under provisions of the as otherwise provided in this Agreement.
(iii) Study films may be used exclusively for the purpose purposes of recreating, restaging, restudying and or recording choreography, and are to be used strictly as a record by the EMPLOYER and the choreographer or his/her authorized xxxxxx only. ARTISTS' requests to review archival tapes shall not be unreasonably denied.
(iv) EMPLOYER shall make available to ARTIST through a twenty-four (24) hour take-home check-in/out library system copies of performance and rehearsal videotapesvideotapes on premises. ARTIST may not remove video tapes from EMPLOYER's premises and shall use these videotapes for private study and rehearsal purposes only. ARTIST shall not make any copies of said tapes nor cause nor allow copies of said tapes to be made. ARTISTS ARTIST shall indemnify and hold EMPLOYER harmless for EMPLOYER all damages caused by the ARTIST which EMPLOYER may incur from any unauthorized use by the ARTIST of said videotape while, or as a result of, said tape is or has been in the possession of ARTIST.
(b) Cause or allow a television news crew to film or tape a portion of a rehearsal or a performance for television news release under the following conditions:
(i) With the exception of "hard news", the EMPLOYER will use best efforts to obtain ARTIST's prior written consent must be filed at the AGMA office one (1) week prior to any filming or taping and such taping. Such consent by ARTIST shall not be unreasonably withheld.
(ii) At EMPLOYER will use best efforts to give at least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping.
(iii) News media video tapes may be created and broadcast on news programs, including magazine-type and entertainment programs, news documentaries and the like, provided that the total air time airtime does not exceed fifteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
FILMING, BROADCASTING, TELEVISION, ETC. Except as provided herein the The EMPLOYER shall not videotape, film, broadcast, record or televise, including marketing of videocassettes for video cassettes and/or in theater theatre closed circuit television, any performances, rehearsals, concerts or engagements in which the ARTIST Artist appears by wire, wireless, radio, telephone wireless process or any motion picture, recording, recording mechanical, electrical or telephone device now in use or hereafter developed or any combination of such devices; AGMA, however however, shall consider the request of the EMPLOYER for a waiver of the foregoing provision, and the granting of such waiver shall not be unreasonably withheld. XXXXXXXX EMPLOYER agrees to notify ARTIST Artist as soon as such waiver is granted by AGMA. Any and all films/videotapes made under this paragraph may not be used for commercial purposes, theatrical exhibition or any purpose other than specifically provided for herein, unless a waiver allowing such use is granted by AGMA, and in the event EMPLOYER violates this provision the ARTISTS shall be compensated at no less than the applicable SAG/AFTRA rates and conditions. Nothing herein shall operate to relieve the EMPLOYER of ultimate responsibility for the safe keeping of the tapes or films and for the proper use thereof as provided in this Agreement except as provided for in (a)(iv) below. The foregoing notwithstanding, XXXX AGMA agrees that the EMPLOYER may:
(a) 1. Make archival/archival / study films under the following conditions:
(i) At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping of in-studio rehearsals.
(ii) a. When recording is done during a rehearsal or performance, no additional compensation will be paid to the ARTIST(SArtist(s) except when overtime or other penalties are payable under provisions of the this Agreement.
(iii) b. Study films may be used exclusively for the purpose of recreating, restaging, restudying and recording choreography, choreography and are to be used strictly as a record by the EMPLOYER and the choreographer or his/his / her authorized xxxxxx only. ARTISTS' requests Artists’ request to review archival tapes shall not be unreasonably denied.
(iv) c. The study films may be used by the Employer only with the consent of the “Owner of Rights” to the dance piece, e.g. choreographer and/or dance company.
d. EMPLOYER shall make available to ARTIST Artist through a twenty-four (24) hour take-home check-in/in / out library system system, copies of performance and rehearsal videotapes. ARTIST Artists shall indemnify and hold EMPLOYER harmless for all damages caused by Artist which EMPLOYER may incur from any unauthorized use these videotapes for private study and rehearsal purposes onlyby the Artist of said video tape, which is or has been in possession of the Artist. ARTIST Artist shall not make any copies of said tapes nor cause nor allow copies of said tapes to be made.
e. Artists may acquire copies of archival / study videotapes for personal documentation of career. ARTISTS It is further agreed that such copies will not be used by Artists or anyone else for restaging or for sale. Artist shall not make any copies of said tapes, nor cause or allow any copies of said tapes to be made. Artist shall indemnify and hold harmless the EMPLOYER harmless for EMPLOYER all damages caused by ARTIST which the EMPLOYER may incur from any unauthorized use by the ARTIST of said videotape videotapes while, or as a result of, said tape is being or has having been in the possession of ARTISTArtist. If the EMPLOYER does not want the burden of copying tapes for the archival purposes of the Artists, it will designate a committee of three (3) Artists to be trained in the copying of videos and said Artists will record the tapes. With the assistance of the EMPLOYER when necessary, AGMA shall obtain, in writing, all necessary authorizations to record the tapes and shall provide the EMPLOYER with copies of such authorization.
(b) 2. Cause or allow a television news crew to film or tape a portion of a rehearsal or a performance for television news release under the following conditionsconditions and in conjunction with the provisions of Exhibit 2:
(i) With a. On a case-by-case basis the exception of "hard news", the ARTIST's prior written consent must be filed at the AGMA office one (1) week prior Artist may request to withdraw from any such filming or taping and such consent shall taping. Such request may not be unreasonably withhelddenied.
(ii) b. At least twenty-four (24) hours' ’ advance written notice must be given to the ARTISTS Artists prior to actual filming/filming / taping.
(iii) News c. Subject to the provisions of Exhibit 2, promotional, news media video tapes may be created and broadcast on news programs, including magazine-type and entertainment programs, news documentaries and the like, provided that the total air time airtime does not exceed fifteenfifteen (15) minutes and no ballet is broadcast in its entirety. The EMPLOYER may request and AGMA will not unreasonably withhold or deny a waiver of the foregoing provisions for specific projects.
3. Create, distribute, play and broadcast or allow the creation, distribution, playing and/or broadcast of videotapes promoting the EMPLOYER and the EMPLOYER’s performances under the following conditions:
a. On a case-by-case basis the Artist may request to withdraw from any such filming or taping. Such request may not be unreasonably denied.
b. At least twenty-four (24) hours’ advance written notice must be given to the Artists prior to actual filming / taping.
c. Videotaping for promotional tapes may take place during a regular rehearsal, performance or a call specifically for the purposes of such taping. All time involved in such taping shall be considered called time and the provisions of this Agreement relative to rehearsal/performance conditions, hours available and rest breaks shall apply.
d. Promotional video tapes may be distributed, played and broadcast at Boston Ballet’s discretion, provided:
i. Such recordings contain no more than seven (7) minutes of dancing;
ii. No ballet originally choreographed for a traditional proscenium stage is shown in its entirety;
iii. From time-to-time Boston Ballet may produce distinctive ‘art films’, where the concept and choreography are developed explicitly for film, and the film does not relate to the promotion of a current or upcoming mainstage production or event.. Boston Ballet will communicate in advance with the Film Project Committee when a work is intended to meet these criteria. Art films may not be distributed, played, or broadcast beyond the end of the season following their creation.
iv. The EMPLOYER may request and AGMA will not unreasonably withhold or deny a waiver of the foregoing provisions for specific projects.
v. Should EMPLOYER seek to distribute, play, or broadcast any other works, or to distribute ‘art films’ beyond the end of the season following their creation, the terms of such distribution must be negotiated with AGMA. Limitations on the duration of broadcast works as set out in provision d. of this section shall not apply to works developed for digital distribution before June 30, 2022 (e.g. La Voix Humaine, etc.).
e. Approved videography and/or photography may be included as part of a third-party production rental for promotional use only, provided Dancers are identified in all such promotional material as “Dancers of Boston Ballet.” In addition, for any promotional material, whether videography or photography, that features two Dancers or less, the credit shall be as set forth in Section VIII Paragraph B.1.
4. Transmit, or allow to be transmitted, the performance in real time via closed circuit television only to various locations in the theater where the performance is occurring for purposes such as allowing “latecomers” to view the performance until they can be seated and for cueing.
5. Up to twelve (12) times per season, the EMPLOYER may capture Artists in a live stream video of rehearsal, class, and or/ mini-performance for promotional purposes, without additional compensation under the following conditions:
a. The EMPLOYER will provide Artists and AGMA at least seven (7) days advance notice of any live streaming or recordings or releases. Once such notice is given, if operational emergencies necessitate, the Employer may reschedule the live stream with at least 24 hour advance notice.
b. Dancers who are requested to speak or introduce the live stream will be given talking points or a script with the seven (7) days advance notice. Such participation is voluntary and an Artist may decline the request speak without negative consequence.
c. All Artists involved in live stream video will receive their regular rehearsal compensation. All normal rehearsal or performance rules shall apply to such live stream transmission.
d. A choreographic work or any of its sections may only be run in full during a live stream if it has been previously rehearsed and ready for a full run.
e. Live streaming shall be of the rehearsal and/or performance only. There shall be no backstage capture or invasion of personal warm-up and/ or preparation unless the affected Artist(s) give expressed permission. An Artist may at any time stop such capture/streaming.
f. Filming will consist of a produced shoot. No additional or separate audio recording device may be used.
g. Artists shall not receive additional compensation, provided no other union employee participating in this live streaming event, in any manner, shall receive any additional compensation for the project.
h. The live streaming shall not be available for download, nor for a fee, without prior negotiations with AGMA regarding compensation for the participating Artists. For all live streaming a screen card will be available to interrupt the live feed in any case of any unanticipated incident.
i. In any event that any recording or broadcasting occurs other than as specifically set forth in this agreement, EMPLOYER will be obligated to pay the Artists who performed all the applicable wages and allied financial fringe benefits called for in the applicable contract of the union of jurisdiction. These recordings may be available for up to twenty-one (21) days, password protected (or similar security measures), and not available for download. After that time the content will be removed and then archived on Boston Ballet's internal server, from which point it may only be used for promotional purposes in an edited, curated manner, pursuant to the limitations set forth in Section 8, Paragraph C - Filming, Broadcasting, Television etc; subparagraphs 3 (d) and (e).
6. Conditions for Filming Projects
a. For all filming projects, Boston Ballet will adhere to the minimum conditions:
i. Choreography will be appropriate for the flooring and venue of the filming location.
ii. Boston Ballet will provide food for dancers during filming for any filming that occurs either off-site or outside of normal rehearsal working hours. Boston Ballet and AGMA may discuss per diem in lieu of a meal in instances where dancers are certain to have sufficient time and meal options to find their own meals.
iii. Maximum working hour restrictions set forth in the CBA apply.
iv. In the instance that dancers are working off-site or outside of normal working hours, Boston Ballet will make arrangements so that these dancers can take class at a time appropriate for their adjusted workday.
v. Span of day will be 8 hours for dancers involved in film projects taking place at 19 Clarendon. Span of day for the Opera House or other traditional performance venues will be 10 hours. Span of day for all other locations will be 9 hours, provided however that the FPC may increase the span to 10 hours for venues that have adequate conditions for the health, safety, and comfort of the dancers. All span of day provisions, may be subject to AGMA’s waiver procedure in extraordinary circumstances. Boston Ballet will provide transportation or reimbursement of transportation costs to and from all filming locations not at 19 Clarendon or the Opera House.
vi. Boston Ballet will provide sufficient time between services for dancers to get into costume and makeup. Such time may be determined by the Film Project Committee but should generally be at least one (1) hour.
b. For filming projects that require more than three hours of a dancer’s time and are outside of typical promotional and public relations related content, the following conditions will apply:
i. Dancers participating in such projects cannot be required to rehearse for more than two (2) hours on a filming day.
ii. Boston Ballet will establish a Film Project Committee (FPC) to meet and discuss filming projects throughout the year. The FPC will be comprised of the Assistant Artistic Director, the Company Manager, relevant staff with specific project insight, AGMA delegates, and one (1) representative of the project cast (to be identified/invited by the AGMA delegates, once casting is known). An AGMA staff representative may participate in all FPC meetings at the delegates’ request.
iii. Boston Ballet will provide notice of filming as early as practicable, but in no event later than two (2) weeks for dancers and four (4) weeks for AGMA. The FPC will be informed as early as practicable, and with sufficient time to provide meaningful input on each project. This provision does not prevent Boston Ballet from pursuing filming projects that arise later than the notice deadlines provided herein. In such event, Boston Ballet will inform all parties as early as practicable.
c. Normal working rules will be pursued for each film project. Some projects may require unique approaches, and the FPC, where applicable, may reach agreement on subjects not covered in paragraph 6(a) and (b), above, and not explicitly set forth in the CBA relating to compensation and working hours. Boston Ballet may seek a waiver of any provision that would render filming impracticable. In the event the Employer violates any of the provisions contained herein or such videotapes or films are used by any person or corporation or organization other than the Employer for any purpose whatever, the Employer agrees that he/she will compensate all members of AGMA appearing in such film at the appropriate rate of compensation and conditions of the union having jurisdiction over such use.
Appears in 1 contract
Samples: Individual Artist Agreement
FILMING, BROADCASTING, TELEVISION, ETC. Except as provided herein the EMPLOYER shall
(a) The OPERA THEATRE agrees that it will not videotapefilm, filmtape, make video and/or audio cassettes, broadcast, record or televise, including marketing of videocassettes and/or in theater closed circuit televisiontelevise from the stage or any studio or otherwise, any performances, rehearsals, concerts or engagements rehearsals and/or performances in which the ARTIST appears appears, by wire, wireless, radio, telephone telephone, wireless process or any process, television, motion picture, recording, mechanical, electrical or telephone device now in use or hereafter developed developed, or any combination of such devices; AGMA, however however, shall consider a request by the request of the EMPLOYER OPERA THEATRE for a waiver of the foregoing provision, and the granting of such a waiver shall not be unreasonably withheld. XXXXXXXX agrees to notify ARTIST at the absolute discretion of AGMA and upon such terms and conditions as soon as such waiver is granted are determined by AGMA. Any and all films/videotapes made under this paragraph may AGMA agrees that it shall not be used for commercial purposes, theatrical exhibition or any purpose other than specifically provided for herein, unless unreasonably withhold such a waiver allowing such use is granted in any case where the terms offered by AGMA, and the media producer (commercial or non-commercial) are in the event EMPLOYER violates this provision the ARTISTS shall be compensated at no less than the applicable SAG/compliance with prevailing AFTRA rates and conditions. Nothing herein shall operate to relieve , including the EMPLOYER of ultimate responsibility for the safe keeping of the tapes or films and for the proper use thereof as provided in this Agreement except as payments provided for in sub-paragraph(d) of this Paragraph, and are in conformity with the rates provided other ARTISTS.
(a)(ivb) belowAGMA will permit the OPERA THEATRE to make audio and video tapes which are marked and restricted for archival and study purposes for the exclusive use of the opera company for restaging and remounting productions. In addition, OPERA THEATRE shall be permitted to make “scratch recordings” for immediate use by performers in scheduled rehearsals during the rehearsal process. Such recordings can only be used as a supplemental rehearsal aid and not as a substitute for a rehearsal. These recordings cannot be distributed to anyone other than the STAGE DIRECTOR or CHOREOGRAPHER for use during the rehearsal or the DANCE CAPTAIN for use during a brush-up. Such recordings shall be destroyed no later than the last performance of the production. Production Staff Members shall be allowed to secure the recordings between rehearsals and to control the playback of the recording during the rehearsal but shall not be required to run the audio-visual camera when recording such rehearsals. Should there be any release, distribution, sale or any other usage made of these “study,” “archival” or “scratch recordings”, or should there be distribution by any person who has or has had an employment or agency relationship with the MANAGEMENT, the OPERA THEATRE agrees to compensate all ARTISTS the appropriate prevailing compensation.
(c) AGMA will permit a maximum of five (5) minutes of live video, audio tape, or audio-visual recordings to be used for promotional purposes on the internet, OPERA THEATRE’S own website, on television or other media outlets by OPERA THEATRE or by third parties provided that the five (5) minutes does not include a complete aria, chorus, or set piece in its entirety. If an ARTIST is invited to appear as a guest ARTIST on a “talk show” or the like, the ARTIST may utilize a five (5) minute insert where he or she is predominant for promotional and publicity purposes. Under no circumstances may these inserts be utilized for commercial advertising of the opera company on television or radio stations. AGMA, however, shall consider a request by the OPERA THEATRE for a waiver of the foregoing provision, and the granting of such a waiver shall be at the absolute discretion of AGMA and upon such terms and conditions as are determined by AGMA.
(d) AGMA will permit video recording, without any audio, of backstage activity e.g. rehearsal, costume fitting, wig fittings, makeup applications, to be utilized on video monitors in the lobby of the performance venue for viewing by patrons of the OPERA THEATRE. Any ARTISTS appearing in such video recording shall be permitted to review the final cut prior to its use and shall be permitted to rescind his consent to participate. In the credits of the video recording or in some other prominent form of display AGMA and the ARTISTS it represents will be credited.
(e) OPERA THEATRE may utilize up to a total of five (5) minutes of audio or video recording for promotional purposes on its own website, in conjunction with its media or other institutional sponsors or partners on their websites, on other internet sites such as YouTube or social networking sites like Facebook, in kiosks or monitors at its location or in tourist or other promotional locations, in cell phone or wireless transmission, in streaming emails or on podcasts as long as the segments used for promotional purposes are not themselves being sold. The foregoing notwithstandingfive (5) minute limit shall apply separately to each promotional product. It is agreed that OPERA THEATRE may use such postings during its subscription ticket sale campaign, XXXX agrees its single ticket sale campaign, and during the festival season, as well as in connection with grant proposals requesting work samples. These postings may not include any complete selection of music or scene. OPERA THEATRE will take reasonable steps to utilize available Digital Rights Management systems to prevent unauthorized copying or transmission to other outlets. OPERA THEATRE may maintain these recordings on its website and social media channels for the duration of this agreement or until a successor agreement has been concluded or the parties have reached impasse on the negotiation of a successor agreement. AGMA will permit OPERA THEATRE a twenty-one (21) day grace period from the date of notification by AGMA of any unauthorized posting of any copyrighted material subsequently identified in order to take action in demanding that all such unauthorized postings have been removed from the websites of any such unauthorized third party hosting sites. All ARTISTS whose voice or image appears in these postings shall receive one hundred dollars ($100.00) per day for each day in excess of the twenty- one (21) day grace periods during which, due exclusively to OPERA THEATRE’s negligence in demanding their removal, such postings remain on unauthorized websites. The recording may occur in a planned independent session outside of production rehearsals with the artist’s prior consent, or at the first and/or second orchestra dress rehearsal of the production. Any ARTIST whose voice or image appears shall be permitted to review the material to be posted and shall be permitted to withhold reasonable consent to permit the posting. If any other persons, such as members of the St. Louis Symphony Orchestra or stagehands, receive additional compensation with respect to such recording or posting, all ARTISTS shall also receive additional compensation in an amount to be negotiated by AGMA, but in no event less than that received by any other person.
(f) OPERA THEATRE may utilize video or audio tape for commercial advertising provided that the EMPLOYER may:commercial is no longer than ninety (90) seconds in length and provided further that no other person, such as members of the St. Louis Symphony Orchestra or stagehands, receives additional compensation with respect to such commercials. Any ARTISTS appearing in such commercials shall be permitted to review the final cut prior to its use and shall be permitted to withhold their reasonable consent to permit the commercial to be aired.
(ag) Make archival/study films under With respect to all filming, taping, production of video and/or audio cassettes, broadcasting (other than non-commercial radio broadcasting), recording or televising, STAGE DIRECTORS, CHOREOGRAPHERS, and STAGE MANAGERS shall receive at least the following conditions:same compensation as “leading” PERFORMING PRINCIPAL ARTISTS and ASSISTANT STAGE DIRECTORS, ASSISTANT STAGE MANAGERS, and YOUNG ARTISTS shall receive the same compensation as CHORISTERS. OPERA THEATRE shall make best efforts to ensure that the foregoing ARTISTS receive such compensation for non-commercial radio broadcasts.
(ih) At For all filming, recording and photography, ARTISTS shall receive at least twenty-four (24) hours' advance written ’ notice. OPERA THEATRE shall provide such notice must through electronic mail and the filming, recording and photography shall also be given to noted on the ARTISTS prior to actual filming/taping of in-studio rehearsalsARTISTS’ daily schedules.
(iii) When recording is done during OPERA THEATRE may record ARTISTS in a rehearsal or performance, no additional compensation will be paid to the ARTIST(S) except when overtime or other penalties are payable under provisions planned independent session outside of the Agreement.
(iii) Study films may be used exclusively for the purpose of recreating, restaging, restudying and recording choreography, and are to be used strictly as a record by the EMPLOYER and the choreographer or his/her authorized xxxxxx only. ARTISTS' requests to review archival tapes shall not be unreasonably denied.
(iv) EMPLOYER shall make available to ARTIST through a twenty-four (24) hour take-home check-in/out library system copies of performance and rehearsal videotapes. ARTIST shall use these videotapes for private study and rehearsal purposes only. ARTIST shall not make any copies of said tapes nor cause nor allow copies of said tapes to be made. ARTISTS shall indemnify and hold EMPLOYER harmless for EMPLOYER all damages caused by ARTIST which EMPLOYER may incur from any unauthorized use by the ARTIST of said videotape while, or as a result of, said tape is or has been in the possession of ARTIST.
(b) Cause or allow a television news crew to film or tape a portion of a rehearsal or a performance for television news release production rehearsals under the following conditions:
(i1) With the exception Participation in a planned independent session outside of "hard news", the ARTIST's prior written consent must production rehearsals shall be filed at completely voluntary.
(2) No Artist shall be directly solicited in any way whatsoever to participate in a planned independent session outside of production rehearsals. Any request or communication regarding an Artist’s participation in a planned independent session outside of production rehearsals shall be through the AGMA office delegates.
(3) Any ARTIST that agrees to participate in a planned independent session outside of production rehearsals shall be compensated for a minimum of one (1) week prior to any filming or taping and such consent hour of work, which shall not be unreasonably withheldcounted towards the six (6) hour maximum per day, but shall be counted towards the thirty-six (36) hour maximum per week.
(ii) At least twenty-four (24) hours' advance written notice must be given to the ARTISTS prior to actual filming/taping.
(iii) News media video tapes may be created and broadcast on news programs, including magazine-type and entertainment programs, news documentaries and the like, provided that the total air time does not exceed fifteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
