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In exchange for resolution of all issues as set forth below as well as all items previously agreed, the total compensation package offered by the Producers effective upon ratification is as follows: First year: 5% (Use fee increase – see below; or 3% for those not eligible for Use Fees) Second year: 3% (wage increase) Third year: 3% (wage increase) http://www.cftpa.ca/newsroom/press/PDFs/cftpa_apftq_020807_proposal.pdf The total compensation is to be applied as follows: 1) Effective upon ratification, increase all wage rates and fees by 0% in the first year of the term, 3% in the second year of the term and 3% in the third year of the term except that any Performer not eligible to receive a Use Fee shall receive 3% for the first year of the agreement. 2) All letters of Continuance shall be of no force and effect as of the date of this memorandum. 3) ACTRA will withdraw the proposal on the elimination of the actor category. New Media Article A524 and related sections are deleted. Definitions New A4 New Media Use means the distribution of a Production in all other currently known media (e.g. cell phones, internet exhibition, streaming, digital transmission, PDAs, broadband, etc.) other than those Uses listed in A444. Use Fees 1. Article A444 – Declared Use h) New Media 2. Article B301 (g): Add a Declared Use of New Media with a Use period of 6 months worldwide. 3. B501 Options: a) Article B501 a): In order to capture all Use in all media, increase the percentages payable from 105% to 110% for television and other Productions and from 130% to 135% for theatrical Productions. The prepayment period for New Media Use shall be five years starting from the date of first exploitation release in any residual market. All other Uses are status quo for four years. b) Article B501 b): The non-refundable Advance shall be increased by 5% at each level. For example, option 4 is increased from 25% to 30%, option 3 from 50% to 55%, option 2 from 75% to 80% and option 1 from 100% to 105%. The percentage of DGR on each level is status quo. c) These enhancements, as referenced above, shall only be applicable to new Productions or new cycles of a series commenced after ratification. With respect to those Productions excluded above, they shall be entitled to access New Media Use in accordance with the retrospective section set out below. Content Made for New Media Platforms 1. Dramatic production: Producer Option #1: - The minimum daily fee permits up to 8 Productions (produced at the same
session). - Such Productions must be held together by the same title, trade name or mark,
identifying devices or common characters. - For each additional Production produced beyond 8 (at the same session), the
Producer shall pay 25% per Production; or - Additional blocks of 8 Productions (produced at the same session) may be
produced upon payment of the daily fee. Producer’s Option #2: - The Performer shall be paid at least 50% of the daily minimum fee for a single
Production 5 minutes or less in duration at a session. 2. All other Productions, other than that referenced above, the daily fee to be negotiated on a case-by-case basis between the Associations, the Producer and ACTRA. 3. Options for Use a) Use in New Media only: 3.6% of DGR following the Declared Use period; or b) i. Ongoing Use in New Media and Use on a conventional platform: Prior to Use of a production made for a New Media platform on a conventional platform, payment of 110% (or 135% for theatrical) of the Performer’s Net Fees the Producer acquires unlimited worldwide use in all media for a period of four (4) years from the date of first Use in a media other than New Media and five (5) years from the first exploitation release in the original, New Media market. A Use Fee of 3.6% of DGR applies thereafter. ii. Producers may also avail themselves of the Advance Option. 4. Excerpts: Content from one Production may be used in another Production as per Article A3301. Retrospective Application To the extent additional consent is necessary, if requested by the Producer, ACTRA and ACTRA PRS agree to use best efforts to secure the consent of Performers appearing in Productions made under previous collective agreements to apply the terms of the New Media provision (per the 2007/09 IPA) to the Use of those existing Productions in all New Media. ACTRA agrees the IPA shall not bar such retrospective application. By paying 3.6% of DGR the Producer may use Productions produced under a predecessor IPA on any New Media platform. Status quo on B515 Consultation Committee Shared Cost for Expert Sunset Clause The foregoing items regarding New Media, shall sunset and the contract shall revert back to its original form upon the end of the contract term. However, any Productions commenced or any contracts entered into during the term of this Agreement shall remain in force or have the ability to rely on the terms of this contract notwithstanding the agreement to a Sunset Clause. Promotional Content It is understood that the Producer may convert material produced pursuant to Article A32 for which no Use Fee has previously been paid. The Producer may make Use of this content provided that one of the payment options in Article B5 is exercised prior to Use. Confirm that whether or not promotional material is exhibited in a revenue-generating venue or medium, such exhibition does not alter its promotional nature. Term Three years.
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