Common use of Revenue Participation for Single Projects Clause in Contracts

Revenue Participation for Single Projects. All media projects created and exploited pursuant to Sections X through XVII of this Agreement (i.e., national radio and wireless audio broadcast, live recording to CDs and downloads, other audio products, national television, regional television, DVDs, theatrical release, streaming, downloading and all other non-television audio-visual products, educational products and documentaries) shall be subject to revenue participation. 1. For symphonic projects, the Musicians’ revenue participation shall be 55% of the Employer’s Gross Receipts from the project. Gross Receipts is defined in A.3. below. 2. For opera projects or ballet projects, if the Employer has a revenue sharing agreement with one or more other bargaining units, the Musicians’ revenue participation shall be 21% of the Employer’s Gross Receipts; otherwise it will be 55% of the Employer’s Gross Receipts. 3. Employer Gross Receipts shall be the Employer’s gross receipts from exploitation of the project on all platforms, minus the Musicians’ costs paid by the Employer for the project. When a recording made pursuant to this Agreement is broadcast on radio or television, sold on CDs or DVDs, sold via audio or audio-visual downloads, exploited by other means on the Internet, shown in theaters, or exploited in any other way, the gross receipts to the Employer from the project will include any and all revenue from all such exploitation including license fees, sales, royalties, theatrical release ticket sales, shares of advertising, subscription or other revenue or any other receipts. Gross Receipts subject to Revenue Participation will not include any statutory license fees for digital transmissions, required pursuant to 17 U.S.C. Sec. 114, received by the Employer or the Musicians, whether as a Featured Artist and/or the Copyright Holder of an audio recording, from SoundExchange or other statutory license collection agencies. 4. If the Employer enters into or renews a licensing arrangement with a third party (“Third Party Licensee”) which allows that Third Party Licensee to exploit the recording by entering into direct licenses with music services (“Music Service Licensees”) for digital transmissions otherwise eligible for the statutory license pursuant to 17 U.S.C. Sec. 114, where the license between the Third Party Licensee and the Music Service Licensee (“Direct Digital Streaming License”) does not provide that 50% of the total royalties and other compensation payable by the Music Service Licensee in respect of the transmissions shall be paid to SoundExchange and passed on to the artists on the recording pursuant to the provisions of 17 U.S.C. Sections 114(g)(B), (C) and (D), then 55% of any revenue reported to and received by the Employer from such licensing arrangement shall be shared from the first dollar with the Musicians as part of the revenue sharing package. 5. Allowable Musicians’ costs shall be limited to those required pursuant to this Agreement (e.g. upfront fees, pension, health and welfare, doubling, etc.). Allowable Musicians’ costs shall not include overhead, allocated staff costs or similar costs to the Employer. Allowable Musicians’ costs shall not include EMGs if the EMG is included within the Musicians’ salary rather than stated separately. Allowable Musicians’ costs shall be determined by the Orchestra Committee and the Employer jointly. 6. There shall be no cross-collateralization among projects. 7. The Musicians’ revenue participation shall be divided evenly among the Musicians paid for the project. 8. All revenue participation payments shall be inclusive of a thirteen and two-tenths percent (13.2%) contribution to the American Federation of Musicians & Employers Pension Fund. Thus, 88.34% of revenue participation payments shall be treated as wages, and the remaining 11.66% shall be contributed into the AFM&EPF on behalf of each such Musician. 9. The Orchestra Committee shall review revenue reports and shall meet and confer regarding any issues that arise with regard to revenue participation.

Revenue Participation for Single Projects. All media projects created and exploited pursuant to Sections X through XVII of this Agreement (i.e., national radio and wireless audio broadcast, live recording to CDs and downloads, other audio products, national television, regional television, DVDs, theatrical release, streaming, downloading and all other non-television audio-visual products, educational products and documentaries) shall be subject to revenue participation. 1. For symphonic projects, the Musicians’ revenue participation shall be 55% of the Employer’s Gross Receipts from the project. Gross Receipts is defined in A.3. below. 2. For opera projects or ballet projects, if the Employer has a revenue sharing agreement with one or more other bargaining units, the Musicians’ revenue participation shall be 21% of the Employer’s Gross Receipts; otherwise it will be 55% of the Employer’s Gross Receipts. 3. Employer Gross Receipts shall be the Employer’s gross receipts from exploitation of the project on all platforms, minus the Musicians’ costs paid by the Employer for the project. When a recording made pursuant to this Agreement is broadcast on radio or television, sold on CDs or DVDs, sold via audio or audio-visual downloads, exploited by other means on the Internet, shown in theaters, or exploited in any other way, the gross receipts to the Employer from the project will include any and all revenue from all such exploitation including license fees, sales, royalties, theatrical release ticket sales, shares of advertising, subscription or other revenue or any other receipts. Gross Receipts subject to Revenue Participation will not include any statutory license fees for digital transmissions, required pursuant to 17 U.S.C. Sec. 114, received by the Employer or the Musicians, whether as a Featured Artist and/or the Copyright Holder of an audio recording, from SoundExchange or other statutory license collection agencies. 4. If Until June 30, 2024, if the Employer enters into or renews a licensing arrangement with a third party (“Third Party Licensee”) which allows that Third Party Licensee to exploit the recording by entering into direct licenses with music services (“Music Service Licensees”) for digital transmissions otherwise eligible for the statutory license pursuant to 17 U.S.C. Sec. 114, where the license between the Third Party Licensee and the Music Service Licensee (“Direct Digital Streaming License”) does not provide that 50% of the total royalties and other compensation payable by the Music Service Licensee in respect of the transmissions shall be paid to SoundExchange and passed on to the artists on the recording pursuant to the provisions of 17 U.S.C. Sections 114(g)(B), (C) and (D), ) then 55% of any revenue reported to and received by the Employer from such licensing arrangement shall be shared from the first dollar with the Musicians as part of the revenue sharing package. After June 30, 2024, the Employer may not enter into or renew a licensing arrangement with a third party (“Third Party Licensee”) which allows that Third Party Licensee to exploit the recording by entering into direct licenses with music services (“Music Service Licensees”) for digital transmissions otherwise eligible for the statutory license pursuant to 17 U.S.C. Sec. 114, unless the license between the Third Party Licensee and the Music Service Licensee (“Direct Digital Streaming License”) provides that 50% of the total royalties and other compensation payable by the Music Service Licensee in respect of the transmissions shall be paid to SoundExchange and passed on to the artists on the recording (including the Musicians as featured artists) pursuant to the provisions of 17 U.S.C. Sections 114(g)(B), (C) and (D). Such payments shall be the sole payments to which featured and non-featured artists are entitled by virtue of the digital transmissions under the Direct Digital Streaming License, and any payments made to the Employer by virtue of those digital transmissions shall not be included in the Employer’s gross receipts under Article XXI.A.3 or XXI.B.2. 5. Allowable Musicians’ costs shall be limited to those required pursuant to this Agreement (e.g. upfront fees, pension, health and welfare, doubling, etc.). Allowable Musicians’ costs shall not include overhead, allocated staff costs or similar costs to the Employer. Allowable Musicians’ costs shall not include EMGs if the EMG is included within the Musicians’ salary rather than stated separately. Allowable Musicians’ costs shall be determined by the Orchestra Committee and the Employer jointly. 6. There shall be no cross-collateralization among projects. 7. The Musicians’ revenue participation shall be divided evenly among the Musicians paid for the project. 8. All revenue participation payments shall be inclusive of a thirteen and two-tenths percent (13.2%) contribution to the American Federation of Musicians & Employers Pension Fund. Thus, 88.34% of revenue participation payments shall be treated as wages, and the remaining 11.66% shall be contributed into the AFM&EPF on behalf of each such Musician. 9. The Orchestra Committee shall review revenue reports and shall meet and confer regarding any issues that arise with regard to revenue participation.