Soundtrack Albums. (a) With respect to any soundtrack record released in connection with any theatrical motion picture and/or television film subsequent to the effective date of this agreement, the Producer may elect to compensate musicians who rendered services in making the original soundtrack in accordance with the provisions of either (i) or (ii) below:6
(1) Upon release of the record an amount equal to fifty percent (50%) of the scale wages (plus AFM-EP contributions*) that would have been paid pursuant to the then-effective Sound Recording Labor Agreement;
(2) An amount equal to an additional fifty percent (50%) of the scale wages (plus AFM-EP contributions*) that would have been paid pursuant to the then-effective Sound Recording Labor Agreement once the net sales exceed 50,000 records;
(3) An amount equal to an additional twenty percent (20%) of the scale wages (plus AFM-EP contributions*) that would have been paid pursuant to the then-effective Sound Recording Labor Agreement once the net sales exceed 100,000 records.
(ii) For the use of up to seven and one-half (7 1/2) minutes of music soundtrack from a motion picture in a phonograph record, Producer shall pay to the musicians who recorded such music soundtrack one hundred percent (100%) of the scale wages calculated using the special session rate (plus AFM Employers' Pension Fund contributions) that would have been paid pursuant to the then-effective Sound Recording Labor Agreement.
(iii) It is understood that the same phonograph record may incorporate motion picture sound track for which musicians are paid pursuant to both subparagraphs (i) and (ii) above. 6 Subject to ratification of the Basic Theatrical Motion Picture Agreement of 2002 and the Basic Television Film Agreement of 2002, effective February 16, 2002, the Company is entitled to a 15% discount from the rates in (a)(i)(1) (payments due on release) for soundtrack records that (i) use 45 minutes or more of music originally recorded for the motion picture; and (ii) utilize 80 or more musicians (excluding orchestrators and music preparation musicians) for whom payment is due under this paragraph 6(a)(i); and (iii) meet the conditions of Ex. A(I)(K)(6)(c)(iii) below. The 15% discount described above will not apply to soundtrack records that include cues from any sessions scored in Canada under the Basic Theatrical Motion Picture Agreement or the Basic Television Film Agreement. * Producers shall not be obligated to make any Health and Welfare payments.
(b) ...
Soundtrack Albums. (a) Notwithstanding anything to the contrary in the Joint Venture Agreement, in lieu of releasing a Soundtrack Album for the second Film (i.e., the first Commitment Film), Sony will release a Soundtrack Album in the United States for each of the Commitment Films provided the Venturers mutually agree that such Commitment Film warrants the release of a Soundtrack Album, subject in each case to the mutual approval in writing by the Venturers of a budget in connection with the production and marketing of each Soundtrack Album. For the avoidance of doubt, all other provisions (including without limitation subparagraph 10(d) of the Short-Form Provisions) regarding Soundtrack Albums that are not in conflict with this paragraph 4 shall remain in full force and effect.
(b) If Sony and you (i) mutually agree in writing that a Commitment Film warrants the release of a Soundtrack Album and (ii) mutually approve in writing a budget in connection with the production and marketing of such Soundtrack Album, and Sony fails to release such Soundtrack Album within 3 months after such Soundtrack Album has been Delivered to Sony, you may notify Sony, within 60 days after the end of the 3 month period concerned, that you intend to release or license such Soundtrack Album in the United States if Sony does not release such Soundtrack Album in the United States within 60 days after Sony's receipt of your notice ("Soundtrack Album Cure Period"). If Sony fails to release such Soundtrack Album before the end of the Soundtrack Album Cure Period in the United States, you shall have the right to release or enter into an agreement for the release of such Soundtrack Album in the United States with a third party licensee on terms and conditions to be approved by the Sony Venturer (the "Outside Licensing Right"). If you exercise your Outside Licensing Right and you distribute any Soundtrack Album, then you shall promptly reimburse Sony for any out-of-pocket costs actually incurred by Sony with respect to such Soundtrack Album. If you exercise your Outside Licensing Right and a third party licensee distributes any Soundtrack Album, then (A) you shall promptly reimburse the Label Venture for master use costs actually paid or incurred by the Label Venture in respect of such Soundtrack Album, and (B) if Sony has incurred marketing costs equal to or in excess of $40,000 in respect of such Soundtrack Album, an additional 50% of Promoter Venturer's net revenue in respect of such Soundtrack Album s...
Soundtrack Albums. (a) With respect to any soundtrack record released in connection with any theatrical motion picture and/or television film subsequent to the effective date of this agreement, the Producer may elect to compensate musicians who rendered services in making the original soundtrack in accordance with the provisions of either (i) or (ii) below:6
(1) Upon release of the record an amount equal to fifty percent (50%) of the scale wages (plus AFM-EP contributions*) that would have been paid pursuant to the then-effective Sound Recording Labor Agreement;
(2) An amount equal to an additional fifty percent (50%) of the scale wages (plus AFM-EP contributions*) that would have been paid pursuant to the then-effective Sound Recording Labor Agreement once the net sales exceed 50,000 records;
(3) An amount equal to an additional twenty percent (20%) of the scale wages (plus AFM-EP contributions*) that would have been paid pursuant to the then-effective Sound Recording Labor Agreement once the net sales exceed 100,000 records.
(ii) For the use of up to seven and one-half (7 1/2) minutes of music soundtrack from a motion picture in a phonograph record, Producer shall pay to the musicians who recorded such music soundtrack one hundred percent (100%) of the scale wages calculated using the special session rate (plus AFM Employers' Pension Fund contributions) that would have been paid pursuant to the then-effective Sound Recording Labor Agreement.
(iii) It is understood that the same phonograph record may incorporate motion picture sound track for which musicians are paid pursuant to both subparagraphs (i) and (ii) above.
