National Agreements – Negotiated Between the AFM and a National Employer or Group of Employers
SRLA – Sound Recording Labor Agreement (Agreement between the AFM and the major record companies. Many smaller labels are not at the negotiations but become signatory to the agreement. Some symphony orchestras have become signatories in order to create product for labels that are not themselves signatory.)
NPR – National Public Radio Agreement (Agreement between the AFM and NPR. Minnesota Public Radio has also been a signatory to this agreement.)
SOBOIAA – Symphony, Opera & Ballet Orchestra Internet Audio Agreement (Agreement between the AFM and orchestra employers.)
SOBAV – Symphony, Opera, Ballet Audio Visual Agreement (Agreement between the AFM and orchestra employers.)
SOBLRA – Symphony, Opera & Ballet Live Recording Agreement (Agreement between the AFM and orchestra employers.)
Agreements between the AFM (National) and Individual Local Orchestra Management for Single Project
SLPA* – Symphonic Limited Pressing Agreement
RNC* – Radio-to-Non-Commercial Agreement
Local Agreements – Language from the AFM signed by Individual Orchestra Management and local Union for Single Project
Civic Projects*
Grant Tape*
Personal Use Tape*
Composer Personal Use Tape*
Conductor Audition Videotape*
Video Brochure*
Limited Videocassette Agreement*
Model Language for Local Agreements
Local Broadcast Media Agreement – boilerplate language for local media agreements
* promulgated agreement by IEB, not negotiated by two parties - requires secret ballot approval of orchestra
AFM Agreements
I. Nationally Negotiated Agreements
SOUND RECORDING LABOR AGREEMENT
This agreement covers sound recordings (CDs, digital downloads) made both in studio sessions and as location recordings. Studio sessions (services called for recording purposes only) have a 3-hour minimum and permit 15 minutes of final product per session hour. All contracted musicians receive at least 2 hours payment for each session whether called to the session or not. Location recordings (taped at live concert performance) provide payment of one session hour for each 10 minutes of final product. Recordings made under this agreement provide musicians with additional payments from the Sound Recordings Special Payments Fund over a five-year period.
NATIONAL PUBLIC RADIO AGREEMENT
This agreement covers radio broadcasts produced for distribution by NPR and its affiliates and for non-commercial foreign distribution as well. There are two types of format: broadcasts of concerts (full programs), and segmented broadcasts, where individual works are excerpted from a concert and broadcast at different times (e.g. on Performance Today).
SYMPHONY, OPERA, BALLET AUDIO-VISUAL AGREEMENT
This agreement covers all audio-visual work (primarily Television, Home Video and audio-visual Internet) by orchestras who are signatory to this agreement. Payments for national television broadcasts have two components: an Imprint Credit which is paid for each service at which material is taped for use in the broadcast; and a First Release Payment which is based on the length of the broadcast. Imprint Credits are paid at the time of the taping and First Release Payments can be paid at the same time as the Imprint or at the time of broadcast, in which case the Imprint Credits are paid at a higher rate. A Local Oversight Committee (LOC), consisting of musicians and management, may agree to set terms and conditions for local broadcast and archival taping.
SYMPHONY, OPERA, BALLET INTERNET AUDIO AGREEMENT
This agreement covers audio-only distribution of material over the Internet. The terms of individual projects to be approved by a Local Internet Oversight Committee (LIOC) consisting of musicians and management. Certain minimums are established in this agreement. This agreement is currently being used for downloading and streaming only when no physical product (i.e. CD) is produced. The new Live Recording Agreement covers downloading and streaming if there is a CD produced.
SYMPHONY, OPERA, BALLET LIVE RECORDING AGREEMENT
This agreement covers location recording and archival tape use for recordings that remain the property of the employer. It is not available to third parties. Although the employer may make agreements with third parties to produce or market the product, the copyright must be retained by the orchestra. Management must share all details of the “deal” with the orchestra committee. Before it can go ahead, each project must be approved by secret ballot vote of the orchestra. Payment for these projects includes an upfront payment of 6% of weekly salary (minimum $80) for 15,000 units: additional payments of $10 per musician for each additional 1,000 units, revenue sharing, and a 10% AFM-EPF contribution on all wages including revenue sharing. Patch sessions are allowed using CBA overtime rates and/or SRLA patch session rates. This agreement covers the sale of CDs and downloads.
II. Agreements whose terms and conditions are set by the AFM (Promulgated Agreements)
A. Uncompensated – all require approval vote of the orchestra. Except where noted, all agreements are signed by management and the union and all agreements bind management to pay penalties for abuse of these agreements.
CIVIC PROJECTS
Non-commercial use of audio and/or audio-visual product to be included in civic project tapes (i.e. Chamber of Commerce videos, airport terminal promos, closed circuit hotel programs.) No more than 10 minutes taping for 2 minutes of finished product. May be recorded during a regularly called service. The orchestra name and other pertinent information must be included in the finished product.
GRANT TAPES
Generally used by orchestras that do not have grant tape provisions in their CBA.
PERSONAL USE TAPE
Artist tape of a specific piece for study purposes only. No duplication is allowed.
COMPOSER'S PERSONAL USE TAPE [this agreement is signed by management, union and composer]
Tape of the composer's work only. White noise must be added to the original tape for five seconds at ten second intervals. Once white noise is added, the composer may make as many duplicates as needed. All tapes must be labeled "Personal use only, not to be broadcast, sold, rented, duplicated or used for performances or synchronization of any kind." Displacement of musicians or violation of use requires management to pay the appropriate AFM rates including 200% of wages and allied benefits.
CONDUCTOR'S AUDITION VIDEOTAPE [this agreement is signed by management, union and conductor]
Home video-type camera with contained microphone must be directed solely on conductor. No more than 30 minutes of taping for finished product of no more than 15 minutes and must not include any complete works or movements. It must be taped during a regular service and before release to the conductor must be reviewed by representatives from the union and/or orchestra committee. Penalty to management for violation of this agreement is 150% of wages and allied benefits.
VIDEO BROCHURE
To be used for subscription ticket sales only. Management must submit a proposal, including number of tapes (which may not exceed normal subscriber base) to be produced and roster of musicians, at least two weeks prior to taping. Written clearances from other unions/guild who participate (IATSE, AGMA, etc.) must be attached. Taping of new product must occur during regularly scheduled services; existing product must have been paid for under an AFM agreement. No complete works or movements may be included in finished product. No more than 5 minutes of each work may be taped and no more than 1 minute of any work may be included. Music may equal half the length of the completed product. Total product limit is 20 minutes; music is therefore limited to 10 minutes maximum. Product may not be sold or broadcast.
Note: Some orchestras and/or locals have included provisions in their CBAs or have modified the AFM agreements.
B. Compensated – requires approval vote of orchestra.
SYMPHONIC LIMITED VIDEOCASSETTE
To be used for fundraising or special event sales Scale is $30 per hour with 2 ½ hour minimum call. Leader and Contractor receive 50% overscale. Doubles receive 10% for first double and 5% for each additional double. 10% AFM-EPF. Filed on a B-8 form. 150 copies to be distributed only by Employer and not to be sold or distributed through retail commercial outlets.
SYMPHONIC LIMITED PRESSING
Limited to 10,000 units. Session minimum call is 2 hours and the wage rate is the hourly rate of the orchestra’s minimum scale ($40 minimum), or a symphonic limited pressing rate set by the Local, if higher. AFM-EPF contribution of 10%. All contracted musicians received at least 2 hours payment for each session whether called to the session or not. Should sales exceed 10,000 units, musicians receive the difference between Limited Pressing and the SRLA and become eligible for Special Payments.
RADIO-TO-NON-COMMERCIAL AGREEMENT
This agreement allows radio broadcast audiotapes that have been made and paid for under an AFM agreement (payment must be equal to the prevailing NPR rate then in effect) to be used in CD product by the employer for non-commercial distribution. Each musician receives 1-symphonic session hour for the entire CD (scale based upon current scale in SRLA) or the orchestra's current radio broadcast fee, whichever is higher. 1,000 copies may be distributed in non-commercial venues. Revenue sharing begins when sales exceed 1,000 units.
III. Boilerplate language
LOCAL BROADCAST MEDIA AGREEMENT – SYMPHONIC
This language can be fitted to either local radio or local television broadcasts. Contracts must still be filed on a B-8 form for Television and B-10 for Radio. Scales are negotiated locally.