Common use of SOUND TRACK REGULATIONS Clause in Contracts

SOUND TRACK REGULATIONS. (a) The Producer agrees that all music sound track already recorded, or which will be recorded prior to the expiration of this Agreement, will not be used at any time for any purpose whatsoever except to accompany the picture for which the music sound track was originally prepared, with the following exceptions: (1) Music recorded for any picture may be used for any trailers (including theatrical or television) advertising the same picture. When a trailer is made before the picture is scored, the Producer may either: (i) use other music sound track previously scored under agreements with the Federation, provided prior advance notice is given to the Federation specifying the reasons for the use of such music sound track; or (ii) record the sound track for such trailer under the Federation’s Television and Radio Commercial Announcements Agreement. The sound track scored for the picture may be substituted for use in the trailer. Complete scenes or portions of any scene from a theatrical motion picture may not be shown on television for purposes of advertising or exploiting the theatrical motion picture without the consent of the Federation, except that this limitation does not apply to such scenes or portion of a scene, as the case may be, which do not exceed ten (10) minutes. The foregoing shall not be deemed to prohibit the use of trailers advertising or exploiting the exhibition of the picture on television. (2) Music sound track previously recorded may be used to “stock” subsequent pictures for “sneak previews.” (3) Acetate copies of prescore recordings may be made for necessary rehearsing by artists, directors and/or for the edification of company executives only. (4) If any prescored musical numbers are, for any reasons, deleted from the picture for which they were designated and such deletion is done before the picture is released, the Producer shall have the right to re-register such work with the Federation Representative for a subsequent production; the intent of this being that the Producer shall have the right to use all prescored numbers in one released production. (5) Portions of the music sound track from a motion picture may be reused in accordance with the provisions of Article 8A. hereof. (b) (1) (i) When sound track is dubbed for phonograph records or radio or television commercial announcements, Producer shall be responsible, or shall require its buyer, licensee or other authorized transferee (“Licensee”) to become responsible, for: (A) the payment to those musicians who rendered services in making the original sound track used of an amount equal to the scale wages provided in the then- effective Sound Recording Labor Agreement (previously known as the Phonograph Record Labor Agreement) or the Television and Radio Commercial Announcements Agreement, as applicable, plus pension contributions, or, in the case of those musicians employed under the “multi-tracking rates,” if the sound track is used in a phonograph record, the applicable payments in accordance with the provisions of Paragraph 15(a)(2)(iii) hereof (plus pension contributions); and (B) the other additional payments, if any, applicable to such phonograph record or commercial announcement use, as is provided in the then-effective Sound Recording Labor Agreement or Television and Radio Commercial Announcements Agreement, as applicable.

Appears in 2 contracts

Samples: Basic Theatrical Motion Picture Agreement, Basic Theatrical Motion Picture Agreement

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SOUND TRACK REGULATIONS. (a) A. The Producer Employer agrees that all music sound track already recorded, or which will be recorded prior to the expiration of this Agreementagreement, will not be used at any time for any purpose whatsoever except to accompany the picture for which the music sound track was originally prepared, prepared with the following exceptions: (1) Music recorded for any picture may be used for any trailers (including theatrical or television) advertising the same picture. When a trailer is made before the picture is scored, the Producer may either: (i) use other music sound track previously scored under agreements with the Federation, provided prior advance notice is given to the Federation specifying the reasons for the use of such music sound track; or (ii) record the sound track for such trailer under the Federation’s Television and Radio Commercial Announcements Agreement. The sound track scored for the picture may be substituted for use in the trailer. Complete scenes or portions of any scene from a theatrical motion picture may not be shown on television for purposes of advertising or exploiting the theatrical motion picture without the consent of the Federation, except that this limitation does not apply to such scenes or portion of a scene, as the case may be, which do not exceed ten (10) minutes. The foregoing shall not be deemed to prohibit the use of trailers advertising or exploiting the exhibition of the picture on television. (2) Music sound track previously recorded may be used to “stock” subsequent pictures for “sneak previews.” (3) Radio transcription to exploit the picture, of music recorded for that picture, may be made by payment to the recording musicians of the established transcription rate, such transcriptions to be registered with the Federation. (4) Acetate copies of prescore recordings may be made for necessary rehearsing by artists, directors and/or for the edification of company executives only. (45) If any prescored musical numbers numbers, are, for any reasonsreason, deleted from the picture for which they were designated and such deletion is done before the picture is released, the Producer Employer shall have the right to re-register such work with the Federation Representative for a subsequent production; the intent of this being that the Producer Employer shall have the right to use all prescored numbers in one released production. (5) Portions B. The Employer further agrees to register identification of picture and music sound track with the Federation. C. It is agreed that no musicians shall be required or permitted to record music sound track for general usage or for any purpose whatsoever except as provided herein. D. It is further agreed that all music sound track already recorded, commonly referred to a “library music sound track” will not be disposed of, sold, leased, or used for any picture or purpose except to accompany revival of the picture for which recordings were originally made. E. It is agreed that members of the Federation will not be required or permitted to use music sound track for any purpose in violation of the terms herein provided. F. The Employer is not restricted from continuing the established industry practice of exchanging so-called “stock shots.” G. The use of library music sound track for short subjects is prohibited. H. No orchestra or part thereof shall be permitted to augment music recording in the same session in which the original recordings are made. The above is not intended to prohibit the Employer from making musical bridges, replacements, or other special effects, such as reverberation, where the tracks are staggered several sprocket holes or frames to give sound effects not obtainable with more musicians. It shall not be the intention of the Employer to program a recording call specifically for augmenting music tracks as a means of eliminating musicians. I. The Employer agrees that he will not, without the prior written consent of the Federation, license, lease, lend, give, sell, utilize, or in any other way whatsoever authorize the use in whole or in part of the music sound track from containing the recorded music made by members of the Federation performing on musical instruments or conducting, heretofore made or which will be made prior to the expiration of this agreement, or in connection with free television, pay television, cable television, video-tape cassettes during the life of this agreement and thereafter (for the purpose of this agreement, a motion picture may cassette is considered to be reused any audio-visual device now known or hereafter devised containing an industrial film designed for replay on a home type television screen); except only after separate negotiations are entered upon and after a separate written agreement has been reached between the Federation and the Employer with respect to the use of such music sound track or such scenes or shots, on or in accordance connection with the provisions of Article 8A. hereofabove, can such use be made, and then only upon the terms and conditions agreed upon by the Federation and the Producer in such separate agreement. (b) (1) (i) When J. The Employer agrees that the substance and intent of Section “II” hereof, shall be incorporated in all agreements made by the Employer for licensing, leasing, lending, giving, selling, utilizing or other disposition of music sound track is dubbed for phonograph records or radio or television commercial announcements, Producer shall be responsiblecontaining the recorded music made by members of the Federation, or shall require its buyer, licensee scenes or other authorized transferee (“Licensee”) to become responsible, for: (A) shots containing pictures of members of the payment to those musicians who rendered services in making the original sound track used of an amount equal to the scale wages provided in the then- effective Sound Recording Labor Agreement (previously known as the Phonograph Record Labor Agreement) Federation performing on musical instruments or the Television and Radio Commercial Announcements Agreement, as applicable, plus pension contributions, or, in the case of those musicians employed under the “multi-tracking rates,” if the sound track is used in a phonograph record, the applicable payments in accordance with the provisions of Paragraph 15(a)(2)(iii) hereof (plus pension contributions); and (B) the other additional payments, if any, applicable to such phonograph record or commercial announcement use, as is provided in the then-effective Sound Recording Labor Agreement or Television and Radio Commercial Announcements Agreement, as applicableconducting.

Appears in 2 contracts

Samples: Industrial Films Agreement, Industrial Films Agreement

SOUND TRACK REGULATIONS. (a) The Producer agrees that all music sound track already recorded, or which will be recorded prior to the expiration of this Agreement, will not be used at any time for any purpose whatsoever except to accompany the picture for which the music sound track was originally prepared, with the following exceptions: (1) Recording hereunder for any picture which is part of a series of television motion pictures may be reused in scoring for any one or more other pictures of such series which are produced for broadcasting during the same broadcasting season for which said first picture was produced; it being understood, however, that no such recording may be reused in pictures of any other television program series or in pictures of the same television program series produced for broadcasting during a subsequent broadcasting season. The term "broadcasting season," as used herein, refers to periods of not more than fifty-two (52) weeks and shall have the same meaning as that generally understood in the television industry. Recording hereunder for a so-called "pilot program" may be reused in other motion pictures in the series of which the pilot program becomes a part, but such reuse shall be limited to the first broadcasting season of such series. (2) Music recorded for any picture may be used for any trailers (including theatrical or television) advertising the same picturepicture and may be used for sales presentations and audience testings. When a trailer is made before the picture is scored, the Producer may either: (i) use other music sound track previously scored under agreements with the Federation, provided prior advance notice is given to the Federation specifying the reasons for the use of such music sound track; or (ii) record the sound track for such trailer under the Federation’s 's Television and Radio Commercial Announcements Agreement. The sound track scored for the picture may be substituted for use in the trailer. Complete scenes or portions of any scene from a theatrical motion picture may not be shown on television for purposes of advertising or exploiting the theatrical motion picture without the consent of the Federation, except that this limitation does not apply to such scenes or portion of a scene, as the case may be, which do not exceed ten (10) minutes. The foregoing shall not be deemed to prohibit the use of trailers advertising or exploiting the exhibition of the picture on television. (2) Music sound track previously recorded may be used to “stock” subsequent pictures for “sneak previews.” (3) Acetate copies of prescore recordings may be made for necessary rehearsing by artists, directors and/or for the edification of company executives only. (4) If any prescored musical numbers are, for any reasons, deleted from the picture for which they were designated and such deletion is done before the picture is released, the Producer shall have the right to re-register such work with the Federation Representative for a subsequent production; the intent of this being that the Producer shall have the right to use all prescored numbers in one released production. (5) Portions of the music sound track from a motion picture may be reused in accordance with the provisions of Article 8A. 8A hereof. (b) (1) (i) When sound track is dubbed for phonograph records or radio or television commercial announcements, Producer shall be responsible, or shall require its buyer, licensee or other authorized transferee ("Licensee") to become responsible, for: (A) the payment to those musicians who rendered services in making the original sound track used of an amount equal to the scale wages provided in the then- then-effective Sound Recording Labor Agreement (previously known as the Phonograph Record Labor Agreement) or the Television and Radio Commercial Announcements Agreement, as applicable, plus pension contributions, or, in the case of those musicians employed under the "multi-tracking rates," if the sound track is used in a phonograph record, the applicable payments in accordance with the provisions of Paragraph 15(a)(2)(iii) hereof (plus pension contributions); and (B) the other additional payments, if any, applicable to such phonograph record or commercial announcement use, as is provided in the then-effective Sound Recording Labor Agreement or Television and Radio Commercial Announcements Agreement, as applicable.

Appears in 1 contract

Samples: Basic Television Film Agreement

SOUND TRACK REGULATIONS. (a) The Producer agrees that all music sound track already recorded, or which will be recorded prior to the expiration of this Agreement, will not be used at any time for any purpose whatsoever except to accompany the picture for which the music sound track was originally prepared, with the following exceptions: (1) Recording hereunder for any picture which is part of a series of television motion pictures may be reused in scoring for any one (1) or more other pictures of such series which are produced for broadcasting during the same or any subsequent broadcasting season. The term “broadcasting season,” as used herein, refers to periods of not more than fifty-two (52) weeks and shall have the same meaning as that generally understood in the television industry. Recording hereunder for a so-called “pilot program” may be reused in other motion pictures in the series of which the pilot program becomes a part, but such reuse shall be limited to the first broadcasting season of such series. (2) Music recorded for any picture may be used for any trailers (including theatrical or television) advertising the same picturepicture and may be used for sales presentations and audience testings. When a trailer is made before the picture is scored, the Producer may either: (i) use other music sound track previously scored under agreements with the Federation, provided prior advance notice is given to the Federation specifying the reasons for the use of such music sound track; or (ii) record the sound track for such trailer under the Federation’s 's Television and Radio Commercial Announcements Agreement. The sound track scored for the picture may be substituted for use in the trailer. Complete scenes or portions of any scene from a theatrical motion picture may not be shown on television for purposes of advertising or exploiting the theatrical motion picture without the consent of the Federation, except that this limitation does not apply to such scenes or portion of a scene, as the case may be, which do not exceed ten (10) minutes. The foregoing shall not be deemed to prohibit the use of trailers advertising or exploiting the exhibition of the picture on television. (2) Music sound track previously recorded may be used to “stock” subsequent pictures for “sneak previews.” (3) Acetate copies of prescore recordings may be made for necessary rehearsing by artists, directors and/or for the edification of company executives only. (4) If any prescored musical numbers are, for any reasons, deleted from the picture for which they were designated and such deletion is done before the picture is released, the Producer shall have the right to re-register such work with the Federation Representative for a subsequent production; the intent of this being that the Producer shall have the right to use all prescored numbers in one released production. (5) Portions of the music sound track from a motion picture may be reused in accordance with the provisions of Article 8A. hereof. (b) (1) (i) When sound track is dubbed for phonograph records or radio or television commercial announcements, Producer shall be responsible, or shall require its buyer, licensee or other authorized transferee (“Licensee”) to become responsible, for: (A) the payment to those musicians who rendered services in making the original sound track used of an amount equal to the scale wages provided in the then- effective Sound Recording Labor Agreement (previously known as the Phonograph Record Labor Agreement) or the Television and Radio Commercial Announcements Agreement, as applicable, plus pension contributions, or, in the case of those musicians employed under the “multi-multi- tracking rates,” if the sound track is used in a phonograph record, the applicable payments in accordance with the provisions of Paragraph 15(a)(2)(iii) hereof (plus pension contributions); and (B) the other additional payments, if any, applicable to such phonograph record or commercial announcement use, as is provided in the then-effective Sound Recording Labor Agreement or Television and Radio Commercial Announcements Agreement, as applicable.

Appears in 1 contract

Samples: Basic Television Motion Picture Agreement

SOUND TRACK REGULATIONS. (a) A. The Producer Employer agrees that all music sound track already recorded, or which will be recorded prior to the expiration of this Agreementagreement, will not be used at any time for any purpose whatsoever except without the express prior written approval of the Federation. B. The Employer is not restricted from continuing the established industry practice of exchanging so-called “stock shots.” C. The use of library music sound track for short subjects is prohibited. D. No orchestra or part thereof shall be permitted to accompany augment music recording in the picture for same session in which the original recordings are made. E. The Employer agrees that they will not, without the prior written consent of the Federation, license, lease, lend, give, sell, utilize, or in any other way whatsoever authorize the use in whole or in part of the music sound track was originally preparedcontaining the recorded music made by members of the Federation performing on musical instruments or conducting, with the following exceptions: (1) Music recorded for any picture may heretofore made or which will be used for any trailers (including theatrical or television) advertising the same picture. When a trailer is made before the picture is scored, the Producer may either: (i) use other music sound track previously scored under agreements with the Federation, provided prior advance notice is given to the expiration of this agreement, or in connection with free television, pay television, cable television, video-tape cassettes during the life of this agreement and thereafter (for the purpose of this agreement, a cassette is considered to be any audio-visual device now known or hereafter devised containing an industrial film designed for replay on a home type television screen); except only after separate negotiations are entered upon and after a separate written agreement has been reached between the Federation specifying and the reasons for Employer with respect to the use of such music sound track; track or (ii) record such scenes or shots, on or in connection with the above, can such use be made, and then only upon the terms and conditions agreed upon by the Federation and the Producer in such separate agreement. F. The Employer agrees that the substance and intent of Section “II” hereof, shall be incorporated in all agreements made by the Employer for licensing, leasing, lending, giving, selling, utilizing or other disposition of music sound track for such trailer under containing the Federation’s Television and Radio Commercial Announcements Agreement. The sound track scored for the picture may be substituted for use in the trailer. Complete scenes or portions of any scene from a theatrical motion picture may not be shown on television for purposes of advertising or exploiting the theatrical motion picture without the consent recorded music made by members of the Federation, except that this limitation does not apply to such or scenes or portion shots containing pictures of a scene, as the case may be, which do not exceed ten (10) minutes. The foregoing shall not be deemed to prohibit the use of trailers advertising or exploiting the exhibition members of the picture Federation performing on televisionmusical instruments or conducting. (2) Music sound track previously recorded may be used to “stock” subsequent pictures for “sneak previews.” (3) Acetate copies of prescore recordings may be made for necessary rehearsing by artists, directors and/or for the edification of company executives only. (4) If any prescored musical numbers are, for any reasons, deleted from the picture for which they were designated and such deletion is done before the picture is released, the Producer shall have the right to re-register such work with the Federation Representative for a subsequent production; the intent of this being that the Producer shall have the right to use all prescored numbers in one released production. (5) Portions of the music sound track from a motion picture may be reused in accordance with the provisions of Article 8A. hereof. (b) (1) (i) When sound track is dubbed for phonograph records or radio or television commercial announcements, Producer shall be responsible, or shall require its buyer, licensee or other authorized transferee (“Licensee”) to become responsible, for: (A) the payment to those musicians who rendered services in making the original sound track used of an amount equal to the scale wages provided in the then- effective Sound Recording Labor Agreement (previously known as the Phonograph Record Labor Agreement) or the Television and Radio Commercial Announcements Agreement, as applicable, plus pension contributions, or, in the case of those musicians employed under the “multi-tracking rates,” if the sound track is used in a phonograph record, the applicable payments in accordance with the provisions of Paragraph 15(a)(2)(iii) hereof (plus pension contributions); and (B) the other additional payments, if any, applicable to such phonograph record or commercial announcement use, as is provided in the then-effective Sound Recording Labor Agreement or Television and Radio Commercial Announcements Agreement, as applicable.

Appears in 1 contract

Samples: Industrial Films Agreement

SOUND TRACK REGULATIONS. (a) A. The Producer agrees that all music will not use or deal with sound track already recorded, or which will be recorded prior to the expiration of this Agreement, will not be used at any time made hereunder for any purpose whatsoever except to accompany the picture program for which the music such sound track was originally preparedproduced and except as provided in Exhibit I, with Paragraph Q and subparagraphs C and F, hereof and as provided for in the following exceptions: (1) Music recorded for any picture may be used for any trailers (including theatrical or television) advertising the same pictureNew Media Addendum. When a trailer is made before the picture is scored, the Producer may either: (i) use other music sound track previously scored under agreements with the Federation, provided prior advance notice is given Without regard to the Federation specifying duration of this agreement, and except as provided for in this agreement and the reasons for the use of such music sound track; or (ii) record the sound track for such trailer under the Federation’s Television and Radio Commercial Announcements Agreement. The sound track scored for the picture may be substituted for use in the trailer. Complete scenes or portions of any scene from a theatrical motion picture may not be shown on television for purposes of advertising or exploiting the theatrical motion picture without the consent of the Federation, except that this limitation does not apply to such scenes or portion of a scene, as the case may be, which do not exceed ten (10) minutes. The foregoing shall not be deemed to prohibit the use of trailers advertising or exploiting the exhibition of the picture on television. (2) Music sound track previously recorded may be used to “stock” subsequent pictures for “sneak previews.” (3) Acetate copies of prescore recordings may be made for necessary rehearsing by artists, directors and/or for the edification of company executives only. (4) If any prescored musical numbers are, for any reasons, deleted from the picture for which they were designated and such deletion is done before the picture is releasedNew Media Addendum, the Producer shall have the right not dub or give permission to re-register such work others so to do any sound track and/or images containing performances by persons covered by this agreement for any other purpose unless agreement is reached with the Federation Representative for a subsequent production; to do so. B. The Producer will not use any sound track in any program which is the intent subject of this being that the Producer shall have the right to use all prescored numbers in one released production. (5) Portions of the music sound track from a motion picture may be reused in accordance with the provisions of Article 8A. hereof. (b) (1) (i) When agreement unless such sound track is recorded under the terms of this agreement. No sound track recorded under the terms of this agreement may be augmented by sound tracks which are not recorded under the terms of this agreement. C. Notwithstanding the foregoing, soundtrack recorded under this Agreement (with or without video footage) may be dubbed for phonograph records Sound Recordings or radio or television commercial announcements, Producer shall be responsible, or shall require its buyer, licensee or other authorized transferee Music Videos (“LicenseeNew Use”) if the Producer or an authorized party who has signed an Assumption Agreement acceptable to become responsible, for: (A) the payment Federation pays to those musicians the Musicians who rendered performed services in making connection with the original sound track used of an amount equal to soundtrack as additional compensation the scale wages provided in for the then- effective production of such soundtrack as if such soundtrack had been recorded as a Sound Recording, Ringtone/Ringback or Music Video under the then-current AFM Sound Recording Labor Agreement (previously known “SRLA”) and all additional payments applicable to such recording(s). The SRLA and its Exhibits, Addenda and Trust Agreements are incorporated into this Agreement by reference. 1. A B-4 Form (or similar Report Form as approved by the Federation) shall be filed with the Federation or applicable Local within thirty (30) days of the commercial release of such Sound Recording and/or Music Video. 2. New Use Payment(s) shall be due and payable to or on behalf of each applicable musician within thirty (30) days of the commercial release of such Sound Recording and/or Music Video. 3. With regards to (2) above, Late Payment Penalties and Tolling for those penalties shall be as provided in Exhibit I, Article P of this Agreement. D. With respect to any sale, transfer or disposition of rights the Producer shall obtain a Buyer’s Assumption Agreement in the following form: AMERICAN FEDERATION OF MUSICIANS BASIC CABLE TELEVISION AGREEMENT BUYER’S ASSUMPTION AGREEMENT The undersigned, (insert name of buyer, licensee or distributor) hereinafter referred to as the Phonograph Record Labor Agreement“Buyer,” hereby agrees with hereinafter referred to as the “Producer,” that basic cable television programs covered by this Agreement are subject to the applicable provisions of the American Federation of Musicians (“AFM”) or the Basic Cable Television and Radio Commercial Announcements Agreement, hereinafter referred to as applicable, plus pension contributions, or, in the case of those musicians employed under the “multi-tracking ratesCable Agreement,” if the sound track is used in a phonograph record, the applicable payments general and in accordance with particular to the provisions of Paragraph 15(a)(2)(iii17 of the Cable Agreement and the New Media Addendum thereof relating to payments to the Film Musicians Secondary Markets Fund (“Fund”) hereof (plus pension contributions); on the licensing of a basic cable television program to Supplemental Markets and (B) new media. Said Buyer also hereby agrees, expressly for the other additional paymentsbenefit of the Fund, if any, to make the payments required by Paragraph 17 and the New Media Addendum. It is expressly understood and agreed that the rights of any such Buyer to exhibit or license the exhibition of such basic cable television program in Supplemental Markets and new media shall be subject to and conditioned upon the applicable to such phonograph record or commercial announcement use, payment and corresponding documentation as is provided in the then-effective Sound Recording Labor Cable Agreement and New Media Addendum. It is further agreed that the Fund or Television the Federation shall be entitled to seek injunctive relief and Radio Commercial Announcements compensatory damages against the Buyer in the event any such payments are not made. Buyer shall be liable to make the payments described above but only based upon rights actually acquired by Buyer and only for the period it holds such rights. The undersigned Buyer agrees to keep or have access to complete books and records showing the income derived from the sale, lease, license, or distribution of such television program in Supplemental Markets within the entire territory for which Buyer is granted such rights and the Fund Administrator shall have the right at all reasonable times to examine and inspect such books and records. The undersigned shall give the Fund prompt written notice of the date on which each television program covered hereby is released in Supplemental Markets. An inadvertent failure to comply with said notice requirements shall not constitute a default by the undersigned Buyer provided that such failure is cured promptly after notice thereof from the Fund. Nothing contained herein shall relieve the Buyer from payment or reporting obligations (including those to the Federation) required elsewhere in the Cable Agreement. Buyer further agrees that in the event of a sale, transfer, license or assignment of the distribution rights to a covered basic cable television program, Buyer shall obtain from the purchaser, transferee, licensee or assignee an Assumption Agreement covering the rights disposed of in the form set forth herein and shall provide an executed copy of such Assumption Agreement to the Fund. Upon delivery of such Assumption Agreement, Buyer shall not be further liable to the Federation or the Fund for the keeping of any records related to or the payments required based upon the rights covered under the Assumption Agreement for the exhibition of the basic cable television program. Both the Federation and the Fund agree to look exclusively to the purchaser, transferee, licensee or assignee executing such Assumption Agreement for the keeping of such books or records and for making the payments attributable to the rights acquired. In the event Buyer fails to deliver such Assumption Agreement, it shall continue to be liable for the keeping of records and for the payments required for the exhibition of such basic cable television program in Supplemental Markets or in New Media. PRODUCER BUYER Signature Signature Print Name Print Name Xxxxxxx Xxxxxxx Xxxx, Xxxxx, Xxx Xxxx, Xxxxx, Zip Telephone Telephone Date Date NAME OF CABLE TELEVISION PROGRAM E. No part of any kinescopes, videotapes or sound tracks made pursuant to this agreement shall be extracted or used for purposes other than those specifically permitted by this agreement so long as applicablesaid kinescopes or videotapes remain in existence. F. Promotional Trailer and Excerpts Excerpts from any kinescope or videotape made pursuant to this agreement or any local agreement of even date herewith may be broadcast as a promotional trailer. Such promotional trailers shall be used only to promote a larger audience. Such promotional trailers shall not exceed one minute and fifteen seconds in duration and shall not contain any advertising nor shall they be preceded or followed by any advertising which is tied into the promotional trailer or which is advertising of a sponsor of the program which is being promoted by such trailers. Without constituting a re-use or requiring that re-use payments be made, excerpts from programs produced under this agreement may be used in television industry awards programs such as the Emmy Awards program. G. Use of Excerpts (clips): 1. Use of excerpts containing music taken from television programs or motion picture films will require a payment to all rendering a musical service on the original production equal to the Variety Show air rate of the program in which the excerpt is being utilized. There will be a minimum payment at the one hour rate and a maximum payment at the two hour rate. 2. When the excerpts are utilized in a Strip Variety Program "Anniversary Show," the payment will be equal to the one and one-half hour Strip Variety Program air rate. 3. When an excerpt consists of a complete production number, the payment shall be that of the minimum guarantee for the program in which the clip is utilized (air rate plus guaranteed rehearsal hours), with a maximum payment equal to a two hour program. 4. Advance notice, where feasible, of the contemplated use of excerpts will be given to the Federation. 5. The foregoing does not apply to compilation programs (programs consisting entirely of excerpts). In such instances, a separate agreement will be made with the Federation.

Appears in 1 contract

Samples: Basic Cable Television Agreement

SOUND TRACK REGULATIONS. (a) The Producer agrees that all music sound track already recorded, or which will be recorded prior to the expiration of this Agreement, will not be used at any time for any purpose whatsoever except to accompany the picture for which the music sound track was originally prepared, with the following exceptions: (1) Recording hereunder for any picture which is part of a series of television motion pictures may be reused in scoring for any one (1) or more other pictures of such series which are produced for broadcasting during the same or any subsequent broadcasting season. The term "broadcasting season," as used herein, refers to periods of not more than fifty-two (52) weeks and shall have the same meaning as that generally understood in the television industry. Recording hereunder for a so-called "pilot program" may be reused in other motion pictures in the series of which the pilot program becomes a part, but such reuse shall be limited to the first broadcasting season of such series. (2) Music recorded for any picture may be used for any trailers (including theatrical or television) advertising the same picturepicture and may be used for sales presentations and audience testings. When a trailer is made before the picture is scored, the Producer may either: (i) use other music sound track previously scored under agreements with the Federation, provided prior advance notice is given to the Federation specifying the reasons for the use of such music sound track; or (ii) record the sound track for such trailer under the Federation’s 's Television and Radio Commercial Announcements Agreement. The sound track scored for the picture may be substituted for use in the trailer. Complete scenes or portions of any scene from a theatrical motion picture may not be shown on television for purposes of advertising or exploiting the theatrical motion picture without the consent of the Federation, except that this limitation does not apply to such scenes or portion of a scene, as the case may be, which do not exceed ten (10) minutes. The foregoing shall not be deemed to prohibit the use of trailers advertising or exploiting the exhibition of the picture on television. (2) Music sound track previously recorded may be used to “stock” subsequent pictures for “sneak previews.” (3) Acetate copies of prescore recordings may be made for necessary rehearsing by artists, directors and/or for the edification of company executives only. (4) If any prescored musical numbers are, for any reasons, deleted from the picture for which they were designated and such deletion is done before the picture is released, the Producer shall have the right to re-register such work with the Federation Representative for a subsequent production; the intent of this being that the Producer shall have the right to use all prescored numbers in one released production. (5) Portions of the music sound track from a motion picture may be reused in accordance with the provisions of Article 8A. hereof. (b) (1) (i) When sound track is dubbed for phonograph records or radio or television commercial announcements, Producer shall be responsible, or shall require its buyer, licensee or other authorized transferee ("Licensee") to become responsible, for: (A) the payment to those musicians who rendered services in making the original sound track used of an amount equal to the scale wages provided in the then- effective Sound Recording Labor Agreement (previously known as the Phonograph Record Labor Agreement) or the Television and Radio Commercial Announcements Agreement, as applicable, plus pension contributions, or, in the case of those musicians employed under the “multi-"multi- tracking rates," if the sound track is used in a phonograph record, the applicable payments in accordance with the provisions of Paragraph 15(a)(2)(iii) hereof (plus pension contributions); and (B) the other additional payments, if any, applicable to such phonograph record or commercial announcement use, as is provided in the then-effective Sound Recording Labor Agreement or Television and Radio Commercial Announcements Agreement, as applicable.

Appears in 1 contract

Samples: Basic Television Motion Picture Agreement

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SOUND TRACK REGULATIONS. (a) A. The Producer agrees that all music will not use or deal with sound track already recorded, or which will be recorded prior to the expiration of this Agreement, will not be used at any time made hereunder for any purpose whatsoever except to accompany the picture program for which the music such sound track was originally preparedproduced and except as provided in Exhibit I, with Paragraph Q and subparagraphs C and F, hereof and as provided for in the following exceptions: (1) Music recorded for any picture may be used for any trailers (including theatrical or television) advertising the same pictureNew Media Addendum. When a trailer is made before the picture is scored, the Producer may either: (i) use other music sound track previously scored under agreements with the Federation, provided prior advance notice is given Without regard to the Federation specifying duration of this agreement, and except as provided for in this agreement and the reasons for the use of such music sound track; or (ii) record the sound track for such trailer under the Federation’s Television and Radio Commercial Announcements Agreement. The sound track scored for the picture may be substituted for use in the trailer. Complete scenes or portions of any scene from a theatrical motion picture may not be shown on television for purposes of advertising or exploiting the theatrical motion picture without the consent of the Federation, except that this limitation does not apply to such scenes or portion of a scene, as the case may be, which do not exceed ten (10) minutes. The foregoing shall not be deemed to prohibit the use of trailers advertising or exploiting the exhibition of the picture on television. (2) Music sound track previously recorded may be used to “stock” subsequent pictures for “sneak previews.” (3) Acetate copies of prescore recordings may be made for necessary rehearsing by artists, directors and/or for the edification of company executives only. (4) If any prescored musical numbers are, for any reasons, deleted from the picture for which they were designated and such deletion is done before the picture is releasedNew Media Addendum, the Producer shall have the right not dub or give permission to re-register such work others so to do any sound track and/or images containing performances by persons covered by this agreement for any other purpose unless agreement is reached with the Federation Representative for a subsequent production; to do so. B. The Producer will not use any sound track in any program which is the intent subject of this being that the Producer shall have the right to use all prescored numbers in one released production. (5) Portions of the music sound track from a motion picture may be reused in accordance with the provisions of Article 8A. hereof. (b) (1) (i) When agreement unless such sound track is recorded under the terms of this agreement. No sound track recorded under the terms of this agreement may be augmented by sound tracks which are not recorded under the terms of this agreement. C. Notwithstanding the foregoing, soundtrack recorded under this Agreement (with or without video footage) may be dubbed for phonograph records Sound Recordings or radio or television commercial announcements, Producer shall be responsible, or shall require its buyer, licensee or other authorized transferee Music Videos (“LicenseeNew Use”) if the Producer or an authorized party who has signed an Assumption Agreement acceptable to become responsible, for: (A) the payment Federation pays to those musicians the Musicians who rendered performed services in making connection with the original sound track used of an amount equal to soundtrack as additional compensation the scale wages provided in for the then- effective production of such soundtrack as if such soundtrack had been recorded as a Sound Recording, Ringtone/Ringback or Music Video under the then-current AFM Sound Recording Labor Agreement (previously known “SRLA”) and all additional payments applicable to such recording(s). The SRLA and its Exhibits, Addenda and Trust Agreements are incorporated into this Agreement by reference. 1. A B-4 Form (or similar Report Form as approved by the Federation) shall be filed with the Federation or applicable Local within thirty (30) days of the commercial release of such Sound Recording and/or Music Video. 2. New Use Payment(s) shall be due and payable to or on behalf of each applicable musician within thirty (30) days of the commercial release of such Sound Recording and/or Music Video. 3. With regards to (2) above, Late Payment Penalties and Tolling for those penalties shall be as provided in Exhibit I, Article P of this Agreement. D. With respect to any sale, transfer or disposition of rights the Producer shall obtain a Buyer’s Assumption Agreement in the following form: AMERICAN FEDERATION OF MUSICIANS BASIC CABLE TELEVISION AGREEMENT BUYER’S ASSUMPTION AGREEMENT The undersigned, (insert name of buyer, licensee or distributor) hereinafter referred to as the Phonograph Record Labor Agreement“Buyer,” xxxxxx agrees with hereinafter referred to as the “Producer,” that basic cable television programs covered by this Agreement are subject to the applicable provisions of the American Federation of Musicians (“AFM”) or the Basic Cable Television and Radio Commercial Announcements Agreement, hereinafter referred to as applicable, plus pension contributions, or, in the case of those musicians employed under the “multi-tracking ratesCable Agreement,” if the sound track is used in a phonograph record, the applicable payments general and in accordance with particular to the provisions of Paragraph 15(a)(2)(iii17 of the Cable Agreement and the New Media Addendum thereof relating to payments to the Film Musicians Secondary Markets Fund (“Fund”) hereof (plus pension contributions); on the licensing of a basic cable television program to Supplemental Markets and (B) new media. Xxxx Xxxxx also hereby agrees, expressly for the other additional paymentsbenefit of the Fund, if any, to make the payments required by Paragraph 17 and the New Media Addendum. It is expressly understood and agreed that the rights of any such Buyer to exhibit or license the exhibition of such basic cable television program in Supplemental Markets and new media shall be subject to and conditioned upon the applicable to such phonograph record or commercial announcement use, payment and corresponding documentation as is provided in the then-effective Sound Recording Labor Cable Agreement and New Media Addendum. It is further agreed that the Fund or Television the Federation shall be entitled to seek injunctive relief and Radio Commercial Announcements compensatory damages against the Buyer in the event any such payments are not made. Buyer shall be liable to make the payments described above but only based upon rights actually acquired by Buyer and only for the period it holds such rights. The undersigned Xxxxx agrees to keep or have access to complete books and records showing the income derived from the sale, lease, license, or distribution of such television program in Supplemental Markets within the entire territory for which Buyer is granted such rights and the Fund Administrator shall have the right at all reasonable times to examine and inspect such books and records. The undersigned shall give the Fund prompt written notice of the date on which each television program covered hereby is released in Supplemental Markets. An inadvertent failure to comply with said notice requirements shall not constitute a default by the undersigned Buyer provided that such failure is cured promptly after notice thereof from the Fund. Nothing contained herein shall relieve the Buyer from payment or reporting obligations (including those to the Federation) required elsewhere in the Cable Agreement. Xxxxx further agrees that in the event of a sale, transfer, license or assignment of the distribution rights to a covered basic cable television program, Buyer shall obtain from the purchaser, transferee, licensee or assignee an Assumption Agreement covering the rights disposed of in the form set forth herein and shall provide an executed copy of such Assumption Agreement to the Fund. Upon delivery of such Assumption Agreement, Buyer shall not be further liable to the Federation or the Fund for the keeping of any records related to or the payments required based upon the rights covered under the Assumption Agreement for the exhibition of the basic cable television program. Both the Federation and the Fund agree to look exclusively to the purchaser, transferee, licensee or assignee executing such Assumption Agreement for the keeping of such books or records and for making the payments attributable to the rights acquired. In the event Buyer fails to deliver such Assumption Agreement, it shall continue to be liable for the keeping of records and for the payments required for the exhibition of such basic cable television program in Supplemental Markets or in New Media. PRODUCER BUYER Signature Signature Print Name Print Name Address Address City, State, Zip City, State, Zip Telephone Telephone Date Date NAME OF CABLE TELEVISION PROGRAM E. No part of any kinescopes, videotapes or sound tracks made pursuant to this agreement shall be extracted or used for purposes other than those specifically permitted by this agreement so long as applicablesaid kinescopes or videotapes remain in existence. F. Promotional Trailer and Excerpts Excerpts from any kinescope or videotape made pursuant to this agreement or any local agreement of even date herewith may be broadcast as a promotional trailer. Such promotional trailers shall be used only to promote a larger audience. Such promotional trailers shall not exceed one minute and fifteen seconds in duration and shall not contain any advertising nor shall they be preceded or followed by any advertising which is tied into the promotional trailer or which is advertising of a sponsor of the program which is being promoted by such trailers. Without constituting a re-use or requiring that re-use payments be made, excerpts from programs produced under this agreement may be used in television industry awards programs such as the Emmy Awards program. G. Use of Excerpts (clips): 1. Use of excerpts containing music taken from television programs or motion picture films will require a payment to all rendering a musical service on the original production equal to the Variety Show air rate of the program in which the excerpt is being utilized. There will be a minimum payment at the one hour rate and a maximum payment at the two hour rate. 2. When the excerpts are utilized in a Strip Variety Program "Anniversary Show," the payment will be equal to the one and one-half hour Strip Variety Program air rate. 3. When an excerpt consists of a complete production number, the payment shall be that of the minimum guarantee for the program in which the clip is utilized (air rate plus guaranteed rehearsal hours), with a maximum payment equal to a two hour program. 4. Advance notice, where feasible, of the contemplated use of excerpts will be given to the Federation. 5. The foregoing does not apply to compilation programs (programs consisting entirely of excerpts). In such instances, a separate agreement will be made with the Federation.

Appears in 1 contract

Samples: Basic Cable Television Agreement

SOUND TRACK REGULATIONS. (a) The Producer agrees that all music sound track already recorded, or which will be recorded prior to the expiration of this Agreement, will not be used at any time for any purpose whatsoever except to accompany the picture for which the music sound track was originally prepared, with the following exceptions: (1) Music recorded for any picture may be used for any trailers (including theatrical or television) advertising the same picture. When a trailer is made before the picture is scored, the Producer may either: (i) use other music sound track previously scored under agreements with the Federation, provided prior advance notice is given to the Federation specifying the reasons for the use of such music sound track; or (ii) record the sound track for such trailer under the Federation’s Television and Radio Commercial Announcements Agreement. The sound track scored for the picture may be substituted for use in the trailer. Complete scenes or portions of any scene from a theatrical motion picture may not be shown on television for purposes of advertising or exploiting the theatrical motion picture without the consent of the Federation, except that this limitation does not apply to such scenes or portion of a scene, as the case may be, which do not exceed ten four hundred (10400) minutesfeet of 35mm film containing not less than two (2) scenes with actors or two hundred (200) feet of 35mm film containing one (1) scene with actors or the equivalent of the foregoing if 16mm film is used. The foregoing shall not be deemed to prohibit the use of trailers advertising or exploiting the exhibition of the picture on television. (2) Music sound track previously recorded may be used to “stock” subsequent pictures for “sneak previews.” (3) Acetate copies of prescore recordings may be made for necessary rehearsing by artists, directors and/or for the edification of company executives only. (4) If any prescored musical numbers are, for any reasons, deleted from the picture for which they were designated and such deletion is done before the picture is released, the Producer shall have the right to re-register such work with the Federation Representative for a subsequent production; the intent of this being that the Producer shall have the right to use all prescored numbers in one released production. (5) Portions of the music sound track from a motion picture may be reused in accordance with the provisions of Article 8A. hereof. (b) (1) (i) When sound track is dubbed for phonograph records or radio or television commercial announcements, Producer shall be responsible, or shall require its buyer, licensee or other authorized transferee (“Licensee”) to become responsible, for: (A) the payment to those musicians who rendered services in making the original sound track used of an amount equal to the scale wages provided in the then- then-effective Sound Recording Labor Agreement (previously known as the Phonograph Record Labor Agreement) or the Television and Radio Commercial Announcements Agreement, as applicable, plus pension contributions, or, in the case of those musicians employed under the "multi-tracking rates," if the sound track is used in a phonograph record, the applicable payments in accordance with the provisions of Paragraph 15(a)(2)(iii) hereof (plus pension contributions); and (B) the other additional payments, if any, applicable to such phonograph record or commercial announcement use, as is provided in the then-effective Sound Recording Labor Agreement or Television and Radio Commercial Announcements Agreement, as applicable.

Appears in 1 contract

Samples: Basic Theatrical Motion Picture Agreement

SOUND TRACK REGULATIONS. (a) A. The Producer agrees that all music will not use or deal with sound track already recorded, or which will be recorded prior to the expiration of this Agreement, will not be used at any time made hereunder for any purpose whatsoever except to accompany the picture program for which the music such sound track was originally preparedproduced and except as provided in Exhibit I, with Paragraph Q and subparagraph F, hereof. B. The Producer will not use any sound track in any program which is the following exceptions: (1) Music subject of this agreement unless such sound track is recorded for any picture under the terms of this agreement. No sound track recorded under the terms of this agreement may be used for any trailers (including theatrical or television) advertising augmented by sound tracks which are not recorded under the same picture. When a trailer is made before the picture is scored, the Producer may either: (i) use other music sound track previously scored under agreements with the Federation, provided prior advance notice is given terms of this agreement. C. Without regard to the Federation specifying the reasons for the use duration of such music sound track; or (ii) record the sound track for such trailer under the Federation’s Television and Radio Commercial Announcements Agreement. The sound track scored for the picture may be substituted for use in the trailer. Complete scenes or portions of any scene from a theatrical motion picture may not be shown on television for purposes of advertising or exploiting the theatrical motion picture without the consent of the Federation, except that this limitation does not apply to such scenes or portion of a scene, as the case may be, which do not exceed ten (10) minutes. The foregoing shall not be deemed to prohibit the use of trailers advertising or exploiting the exhibition of the picture on television. (2) Music sound track previously recorded may be used to “stock” subsequent pictures for “sneak previews.” (3) Acetate copies of prescore recordings may be made for necessary rehearsing by artists, directors and/or for the edification of company executives only. (4) If any prescored musical numbers are, for any reasons, deleted from the picture for which they were designated and such deletion is done before the picture is releasedagreement, the Producer shall have the right not dub or give permission to re-register such work with the Federation Representative for a subsequent production; the intent of this being that others so to do and the Producer shall have the right to use all prescored numbers in one released production. (5) Portions of the music prevent others from so doing, any sound track from a motion picture may be reused in accordance with containing performances by persons covered by this agreement for the provisions purposes of Article 8A. hereof. (b) (1) (i) When sound track is dubbed for producing phonograph records or radio or television commercial announcements, similar devices (nor shall the Producer give permission to others so to do and the Producer shall be responsibleprevent others from so doing) unless prior notice of intention so to do has been given to the office of the President of the Federation. In the event of such dubbing, or the Producer shall require its buyerpay to all persons covered by this agreement, licensee or other authorized transferee (“Licensee”) to become responsibleas additional compensation for the rendition of such original performances, for: (A) the payment to those musicians who rendered services in making the original sound track used of an amount equal to the scale wages provided in the then- effective Sound Recording Labor Agreement (previously known as the Phonograph Record Labor Agreement) or the Television for such new use and Radio Commercial Announcements Agreement, as applicable, plus pension contributions, or, in the case of those musicians employed under the “multi-tracking rates,” if the sound track is used in a phonograph record, the applicable shall also make any and all additional payments in accordance with the provisions of Paragraph 15(a)(2)(iii) hereof (plus pension contributions); and (B) the other additional payments, if any, applicable to such phonograph record new use. D. The substances and intent of A.-C. above shall be incorporated into all agreements made by the Producer relating to the selling, licensing, lending, giving, exhibition, utilizing, or commercial announcement useother disposition or use of the programs which are the subject of this agreement. E. No part of any kinescopes, videotapes or sound tracks made pursuant to this agreement shall be extracted or used for purposes other than those specifically permitted by this agreement so long as said kinescopes or videotapes remain in existence. F. Promotional Trailer and Excerpts Excerpts from any kinescope or videotape made pursuant to this agreement or any local agreement of even date herewith may be broadcast as a promotional trailer. Such promotional trailers shall be used only to promote a larger audience. Such promotional trailers shall not exceed one minute and fifteen seconds in duration and shall not contain any advertising nor shall they be preceded or followed by any advertising which is provided tied into the promotional trailer or which is advertising of a sponsor of the program which is being promoted by such trailers. Without constituting a re-use or requiring that re-use payments be made, excerpts from programs produced under this agreement may be used in television industry awards programs such as the thenEmmy Awards program. G. Use of Excerpts (clips): 1. Use of excerpts containing music taken from television programs or motion picture films will require a payment to all rendering a musical service on the original production equal to the Variety Show air rate of the program in which the excerpt is being utilized. There will be a minimum payment at the one hour rate and a maximum payment at the two hour rate. 2. When the excerpts are utilized in a Strip Variety Program "Anniversary Show," the payment will be equal to the one and one-effective Sound Recording Labor Agreement or Television and Radio Commercial Announcements Agreementhalf hour Strip Variety Program air rate. 3. When an excerpt consists of a complete production number, as applicablethe payment shall be that of the minimum guarantee for the program in which the clip is utilized (air rate plus guaranteed rehearsal hours), with a maximum payment equal to a two hour program. 4. Advance notice, where feasible, of the contemplated use of excerpts will be given to the Federation. 5. The foregoing does not apply to compilation programs (programs consisting entirely of excerpts). In such instances, a separate agreement will be made with the Federation.

Appears in 1 contract

Samples: Basic Cable Television Agreement

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