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CANADIAN PRODUCER MAGAZINE

Sunday
Feb 05th
Magazine Home arrow The News arrow Unions & Guilds arrow CFTPA/APFTQ Proposal to Settle
CFTPA/APFTQ Proposal to Settle PDF Print E-mail
Thursday, 08 February 2007

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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