Professional Documents
Culture Documents
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Preamble
Date of Commencement and Duration of the Agreement
Content of the Agreement
Engaging Musicians
Union Recognition
Forms of Engagement
Basic Sound Recording Engagements
Four out of Five Hours Session (Light Entertainment Programmes)
Regional Recording Engagements
Miming
Incidental Music - Multi-episodic Use
Signature Tunes (including Opening/Closing Title Music)
and Programme Item Identification Music (Stings)
Use of Sound Tapes
Overdubbing
Costume Fittings and Make-up
Doubling
Porterage/Hire of Instruments
Short items for inclusion in special programmes
Listings Programmes
Extracts from existing Audio-Visual Material
Commercial Audio Recordings
Compilations
Promotional Uses
Rights Acquired
Further Use Acquisition
(Repeat Fees, Further Use Fees and Royalty)
Combined Use Fee
Travel and Subsistence
Punctuality
Use of Deputies
Payment of Musicians
Electronic Instrument Devices
Union Facilities
Disputes Procedure
Musician's Undertaking
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APPENDIX A
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APPENDIX B
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APPENDIX D
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APPENDIX E
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APPENDIX F
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APPENDIX G
CONSENT FORM
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APPENDIX C
6. Forms of Engagement
All engagements of Musicians shall be in accordance with the terms of this
Agreement, and payments due and uses acquired under such
engagements shall be recorded at the end of the engagement in the
Payment Voucher, a sample of which is appended to this Agreement in
Appendix G.
Payment Vouchers in electronic form can be obtained by Contractors from
the Musicians Union and by Producers from PACT.
The musician shall retain the original signed form, the production company
shall keep one copy and a further copy shall be sent to the Musicians
Union.
The fees payable as set out in this Agreement are minimum fees.
h. Unsocial Hours
Work on Declared Holidays and Unsocial Hours
Declared Holidays are days declared as Public Holidays by the United
Kingdom Government in the part of the United Kingdom in which the
work takes place.
Unsocial Hours shall be defined as work called before 8am or after
midnight
Rehearsal, Basic Recording and Overtime Fees payable to a Musician
required to work on a Declared Holiday or during Unsocial Hours shall
be subject to an additional fee of 100%.
NOTE: If Unsocial Hours worked fall within a Declared Holiday only
one additional fee will apply.
d. Selective Pre-recordings
The music of selected items may be pre-recorded in sound or vision
during a session, provided that the total length of the selected items
does not exceed 20 per cent of the scheduled transmission time of the
programme in which they are to be used and that the total period of time
for transmission and the recording of selected items does not exceed 60
minutes except as provided for under 4 out of 5 hour Sessions above.
An additional payment of 38.00 shall be made to each Musician in
respect of such selective pre-recordings where the recording is in sound
only.
In the event that the recording is visual that additional payment shall be
52.00 per Musician.
A recording of such a performance shall be continuous with only such
breaks as are necessary because of technical limitation, breakdown of
equipment, or artistic faults requiring to be remedied. The duration of any
such break shall be treated as rehearsal time or performance time as
appropriate.
e. Retakes
If a Musician is required to remain after the end of a session for the
purpose of correcting faults, he/she shall be paid as under 4 out of 5
hour Sessions as above, from the time the performance ends until
he/she is no longer required, except that, if a decision is taken within the
first ten minutes after the end of the performance that no retake is
necessary then no payment shall be made for the ten minute period.
f. Call Periods and Breaks
The Musician shall be entitled to a break of 5 minutes for each hour or
part
thereof called to be taken approximately half way through the call period.
No Unsocial Hours payments are due under this Clause.
10. Miming
a. Miming Engagements
Engagements for miming shall be for a minimum call of four hours and
up to a maximum call of eight hours exclusive of an unpaid meal break
of one hour. A minimum Fee of 22.00 per hour shall be paid to the
Musician.
A Musician may be required to mime to his/her own Performance, or to
another Musician's performance pre-recorded under Clause 7, 9 or 26,
subject to the original Musicians written permission being given to the
Producer or the Union.
NOTE: Where miming is to a commercial audio recording the terms of
Appendix D shall apply to the music. For clarification, where miming
is to a backing track cleared under the MU/BPI Agreement the terms
of Clause 8 (Four out of Five Hours Session) shall apply.
b. Overtime
A Musician required to work additional time beyond the end of the
original call period shall be entitled to Overtime Payments at the rate of
13.00 per 30 minutes (or part thereof). Additional working time beyond
the end of the original call time shall be subject to the agreement of the
Musician.
c. Work on Declared Holidays and Unsocial Hours
Provision for such work shall be the same as under Clause 7.h.
d. Uses
In consideration of the Miming Fee, the Producer shall be entitled to
incorporate the Musician's visual performance into the film or
programme or series of films or programmes to which the engagement
relates. This miming fee constitutes a total buy-out in respect of the
visual performance.
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14. Overdubbing
If a Musician overdubs his/her own performance within a Session, or is
called for a subsequent session on the same day for the purpose of such
overdubs, he/she shall be paid an additional 110% of total fees paid for the
Session (excluding porterage) for each overdub.
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Payment
24.00
17.00
24.00
To be negotiated
To be negotiated
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22. Compilations
A Producer wishing to make a compilation programme i.e. a programme
substantially made up of extracts celebrating the work of an Artist or
Musician or an established group of Artists or Musicians or a known
production series shall make the following payments to each Musician:
15% of the Musicians original session fees (BBC, ITV or PACT) updated to
current rates for each of the programmes from which extracts incorporating
the Musicians performance are used.
The fee(s) shall acquire the rights as detailed in Clause 24 a. and further
use fees shall be in accordance with the Repeat Fees and/or Further Use
Fees or a Royalty as specified in Clause 25. Where however the Musician
was originally engaged under the Combined Use Fee and the 15% is
calculated on that fee then the rights shall be as detailed in Clause 26.
a. Primary Uses
i. Worldwide non-Theatrical AND:
Where the Basic Recording Fee has been paid any one of the following:
ii. one Network terrestrial television transmission (BBC1, BBC2, ITV1,
Channel 4 - including S4C, five ) within the UK and Channel Islands
either simultaneous or non simultaneous
iii. UK All Other Television (i.e. All UK television other than BBC1, BBC2,
ITV1 or Channel 4 - (including S4C), five)
iv. Worldwide theatrical exhibition
v. Worldwide Television - excluding UK
vi. Worldwide videogram
vii Worldwide communication to the public by being made available on
demand paid for or free, by electronic transmission by wire or wireless
means, including but not limited to internet, wire, fibre, cable, satellite
and other telecommunications systems
Videogram
This shall mean any form of disc or cassette offered for sale or rental to the
general public for viewing in the home. The above payment for video uses
encompasses the parties to this Agreements present assessment of
equitable remuneration in respect of the rental and lending right.
25. Further Use Acquisition (Repeat Fees, Further Use Fees and Royalty)
The Producer may acquire rights to use the performance additional to
those acquired in Clause 24 a. above on payment of
i. Repeat Fees and/or Further Use Fees as set out below as
percentages of the aggregate of session fees (excluding Rehearsal
Calls, Use of Sound Tapes, Costume Fittings and Make-up and
Porterage) in the Agreement between the Union and PACT in force at
the time of further use, or
ii. a Royalty - see c. below:
a. Repeats
UK Repeats on the Commissioning Broadcasters own Network/Regional
Terrestrial Channel or Regional broadcast area
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i. Peak Time
For a further two network/nations and regions transmissions (BBC 1,
BBC2, ITV1, Channel 4 (including S4C), five), either simultaneous or
non simultaneous, on terrestrial television within the UK and Channel
Islands payable at the time of engagement - 25%
For one such Network/Nations and Regions transmission or where such
uses are not acquired at the time of engagement 15% for each repeat
transmission on UK Network television.
ii. Off-peak
a. Day Time Off-Peak hours
In cases where a repeat transmission is scheduled to commence in
accordance with the hours as listed below the repeat payment due to the
Musician shall be calculated at 50% of the peak time percentage for UK
repeats above:
Day Time
09.25 - 15.59
BBC2
09.25-17.59
All Channels
Monday to Friday
Saturday, Sunday, Public Holidays
22.30-09.24
23.00-09.24
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- 40%
- 25%
- 10%
- 10%
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In the event worldwide making available rights in clause (vii) above are not
acquired at the same time as the applicable primary use fee, but are
subsequently requested, the fee to acquire such rights shall be - 15%
NOTE: For Regional Recording Engagements (Clause 9), the further use
fees under (ii) to (vii) above must be based on the Basic Recording Fee in
force at the time of further use.
The above payment for video uses encompasses the parties to this
Agreements present assessment of equitable remuneration in respect of
the rental and lending right.
c. Multi-Media Royalty
For all sales/licensing of programmes or films made under this, and all
previous Agreements entered into by PACT and its predecessors for
uses not previously purchased and for which an additional payment is
due, (other than repeats on the Commissioning Broadcasters own UK
Network Terrestrial service), the Producer may, and as an alternative to
the fixed percentage payments detailed above,
i. use or permit the use of a recording of the Musician's performance in
the programme or film or series of programmes or films for which the
Musician was originally engaged in all or any media on payment of a
royalty on the basis set out in Clause ii. below.
ii. Payment of the royalty shall be on the following basis:
4% of gross receipts from programme sales divided between the
Musicians in proportion to their original session fees:
Except that
iii. For programmes involving only Musicians and not Equity Artists and
where the programmes consist of at least 40% of featured music then
the royalty payment shall be calculated on 17% of gross receipts divided
between Musicians in proportion to their original session fees.
iv. For programmes where the total of Musicians earnings exceeds those
of Equity Artists then a royalty calculated on 21% of gross receipts will
be divided between all the performers (Musicians and Equity Artists) in
proportion to their original earnings.
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The total volume of all hours of employment for the film or programme
determines the scale to be applied (e.g. 30 musicians for two 4 hour
sessions = 30 x 2 x 4 or 240 hours of employment). For Low Budget Film
Provisions please refer to Appendix F.
b. Recording of Music
Amount of music to be based on 8 minutes per hour.
c. Rehearsals
i. A Musician may be called separately to attend for rehearsals only i.e.
where no recording takes place. For a rehearsal call a Musician shall be
paid 55.00 for each hour of rehearsal. Where rehearsals take place on
a day where no recording takes place then there shall be a minimum call
of 3 hours. Where rehearsals take place on a day where a recording
does take place on Scales 1 & 2, including low budget films, then there
shall be a minimum call of 2 hours providing that there is not more than a
break of one and a half hours between rehearsals and recording. Where
rehearsals take place on a day where a recording does take place on
Scales 3 & 4, excluding low budget films, then there shall be a minimum
call of 3 hours.
ii. Extension of Rehearsal Calls
Calls longer than 3 hours may be booked in advance on payment of an
additional 27.50 for each additional half hour as appropriate (3 and a
half hours, 4 hours etc.).
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h. Extension to Sessions
Additional working time beyond the end of the original call period shall
be unlimited, but subject to the agreement of the Musician.
i. Call Periods and breaks
To be based on 5 minutes per hour called.
NOTE: The Combined Use Fee only allows for exploitation of the
music synchronised into the production for which the Musician was
originally engaged. Provision for use of Extracts from existing audiovisual material is in Clause 20.
Any use of the sound recording only other than as provided for in this
Clause shall be subject to separate negotiation with the Musicians
Union.
For example this Agreement does not allow for the use of the music in
Radio (except for commercial audio recordings licensed by
Phonographic Performance Limited), nor does it allow segments of
the complete film or programme to be used as Music Videos to
promote a commercial audio recording. Payment for the use of the
music incorporated into a Music Video shall be in accordance with the
MU/BPI Agreement.
28. Punctuality
The Musician shall be available and ready to commence his/her
performance at the starting time for each call period as notified.
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APPENDIX A
ESTABLISHED SELF CONTAINED GROUPS
Recording Fees are applicable to the primary uses detailed in Clause 24a.
Payment of a Nations and Regions recording fee at 75% of the fees below
shall be employed when a transmission is not broadcast across 100% of the
national television household.
Established Self Contained Groups shall be defined as those groups who
have a
recognised existence prior to the occasion on which they are engaged, and
who present their own act, working in the field of pop, rock, jazz, folk and
similar music, where the performance is predominantly instrumental.
1. Engagements
For Musicians forming part of an Established Self Contained Group as
above, each Musician shall be engaged for a fee of 204.00 inclusive of
doubling and porterage. The engagement shall consist of a session
consisting of 4 hours work, in sound and/or vision, spread over a 12 hour
period, in any one day, during which an aggregate of up to one hour's
performance may take place which may be either transmitted live, or
recorded continuously or discontinuously for subsequent transmission.
2. Extension to Engagements
Sessions longer than 4 hours may be booked in advance on payment of
25.00 for each additional half hour as appropriate (4 and a half hours, 5
hours etc.). An extension to the session may be pre-booked, to allow for a
further 1 or 2 hours following a break of 30 minutes, these extra hours to be
paid at a rate of 50.00 per hour.
3. Additional Performance
The session may be extended to provide performance time in excess of
one hour, on payment to each Musician of an additional fee of 10% of the
relevant Recording or Regional Recording Fee for each additional 6
minutes or part thereof by which the session is extended.
4. Uses
The fee(s) shall acquire the rights as detailed in Clause 24 a. and further
use fees shall be in accordance with the Repeat Fees and/or Further Use
Fees or a Royalty as specified in Clause 25.
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APPENDIX B
RATES FOR THE AUDIO-VISUAL RECORDING OF PUBLIC
PERFORMANCES INVOLVING A MINIMUM OF 30 MUSICIANS (OTHER
THAN PRE-EXISTING CHAMBER AND JAZZ ENSEMBLES WHERE THE
NUMBER OF MUSICIANS SHALL BE UNLIMITED) BY INDEPENDENT
PRODUCTION COMPANIES.
FOR THE LIVE OR DEFERRED TRANSMISSION OF A PUBLIC
PERFORMANCE OF UP TO 3 HOURS DURATION, MUSICIANS IN OR
OUT OF VISION.
3. Patching Sessions
Patching may take place during a scheduled 3 hour rehearsal or repeat
performance.
Rate per Musician - 100 for a 3 hour period.
Where a session is called specifically for the purpose of patching, rate per
Musician - 134 for a 3 hour period.
Patching may also take place following a performance. Time booked will be
paid at performance filming/recording rates.
NOTE: Doubling, Unsocial Hours, porterage, travelling payments etc.
not applicable, these will be paid under the terms of the live concert
engagement.
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4. Uses
a. Limited Use Fee
For Primary and Further Use Fee Acquisition see Main Agreement
Clause 24.a and 25.
b. Combined Use Fee
On payment of the Combined Use Fee the Producer shall be entitled to
incorporate the Musicians performance into a film or programme and
shall acquire the right to use or to licence others to use, the film or
programme in all media throughout the world in perpetuity, excluding
commercial audio recordings.
NOTE: The Combined Use Fee only allows for exploitation of the
music synchronised into the production for which the Musician was
originally engaged. Provision for use of Extracts from existing audiovisual material is in Clause 20.
Any further use of the sound recording shall be subject to separate
negotiation with the Musicians Union.
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APPENDIX C
AGREEMENT BETWEEN THE PRODUCER AND THE MUSICIANS' UNION
on Dubbing Commercial Audio Recordings into Television Programmes
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APPENDIX D
BACKING TRACKS AGREEMENT
(Tracks taken from Commercial Audio Recordings)
1. As from September 1st 1996 record companies were given the ability to
acquire the rights to backing track usage in television programmes under the
MU/BPI Agreement. Where the record company has not acquired this usage
then the Producer will observe the following:
a. The programmes to which this Agreement shall apply are those as may
be agreed from time to time between the Union and the Producer. The
Producer must obtain in advance specific Union approval in respect of each
Backing Track.
b. Where a recording is used as a Backing Track as agreed by the Union,
all fees to be paid through the Union. Where the Producer is unable to
provide individual cheques for each Musician, the Union shall be entitled to
charge an administration fee.
c. No performer shall mime to the performance of another musician except
where substitution consent has been given by the Musician on the track.
This is subject to verification by the Musicians Union.
d. Nothing herein contained shall oblige the Producer or a record company
to use a recording for the purpose of incorporation into a programme and it
shall remain the option of the Producer to produce a Backing Track for
such purposes.
2. Procedure
a. Where the record company has effected clearance:
The Producer should get written confirmation from the record company to
this effect and the Producer will notify the Union as soon as possible of
such backing track usage. The Musicians Union has a comprehensive
record of which backing tracks have been bought-out so Producers are
advised to contact the Union as soon as they know there will be backing
track usage in the programme (regardless of whether or not these tracks
are eventually used in the programme).
Whilst every effort will be made to notify the Union in advance of the
transmission of the programme, where this is not possible the Union will
still be informed as soon as practicable.
b. Where the record company has not effected this clearance:
The Producer should ask the record company to provide the details of all
Musicians whose performances are included on the record or track
together with notice as to whether each Musician is a contracted Musician
or a non-contracted Musician.
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3. Fees
a. Light Entertainment Programmes
Freelance Musicians:
Musicians not in vision
Musicians in vision
Two Network Terrestrial repeats at
Group Musicians
Two Network Terrestrial repeats at
- 250.00
- 290.00
- 50.00 each*
- 200.00
- 100.00each*
- 175.00
- 215.00
- 140.00
- 170.00
- 200.00
- 50.00each*
- 140.00
- 100.00 each*
- 120.00
- 140.00
- 120.00
APPENDIX E
CLAIMS FROM COLLECTING SOCIETIES QUIT CLAUSE
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APPENDIX F
LOW BUDGET FILM PROVISIONS
1. If a Film has a budgeted cost equal or less than the current UK Film
Council low budget guidelines (15 million at date of issue), and a minimum of
37 hours of musicians engagements are contracted, then the Producer may
engage the Musicians under the provisions of Clause 26 Combined Use Fee
at the Scale 5 hourly rate for a minimum 3 hour session.
2. If a Film has a budgeted cost of 5million or less, then the Producer may
engage any Musicians under the provisions of Clause 26 Combined Use Fee
at the Scale 5 hourly rate for a minimum 3 hour session. If due to budgetary
constraints the Producer wishes to call the Musicians for a minimum 2 hour
session the Producer should approach the Union and the Union will give full
and fair consideration to such a request.
3. The hourly rate shall entitle the Producer to all the rights contained within
the provisions of Clause 26 and no further payment will be due to the
Musicians
4. These provisions will be applicable provided the Producer has supplied to
the Musicians Union, in writing prior to the first proposed musical session, a
copy of the budget summary sheet of the film or if a Registered Low Budget
British Film a copy of the registration document or other, equivalent proof of
budget level, signed by a qualified accountant.
5. Union Approved Contractors should notify the Musicians Union Media
Department of the total hours of musicians engagements for each film.
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Type of Session
Production Title
Date(s)
Place of Session
Number of Sessions
Uses Bought
Mr/Mrs/Miss/Ms
('print' full name)
FEE(S):
Fee per session/hour
ADDITIONAL FEES:
Overtime @
per
Doubling
session @ 12 % x
Overdubbing: No of overdubs
mins x
units
@ 110% of fee(s)
Sub Total
Percentage payments
%=
Sub Total
VAT @ 17.5%
TOTAL :
NOTES:
MU Number
PID
1. Voucher must be completed by the Company or Music Department Representative to cover all sessions
in a continuous period of engagement before payment is made.
2. This Voucher must not be altered in any way otherwise it will be considered invalid and payment will be
suspended until details are verified.
3. Original copy to be retained by the Musician, one copy to be retained by the Production Company and
one copy must be sent to the Musicians Union.