AMERICAN FEDERATION OF MUSICIANS OF THE UNITED STATES AND CANADA AFM - PDF document

1 AMERICAN FEDERATION OF MUSICIANS OF THE
AMERICAN FEDERATION OF MUSICIANS OF THE UNITED STATES AND CANADA (AFM) SINGLE PROJECT VIDEO GAME AGREEMENT The undersigned Employer acknowledges that it has read and is familiar with the AFM Video Game/Interactive Media Agreement (VIMA), incorporated here by reference, and agrees to be bound by its terms and conditions with respect to the Project identified below. The VIMA Summary attached hereto is for reference only and, to the extent any conflict exists between it and the full text of the VIMA, Name:__________________________________________________________________ Print Name and Name and Address of Employer:___________________________________________________________________ Employer Telephone:____________________________Fax.:_____________________________ Date:_________________________Email:___________________________________________ Accepted by the American Federation of MusiciSignature of Print Name and Title If the Employer makes contributions to the AFM and Employers Pension Fund under this Agreement on behalf of any owner or part-owner of the Employer, a valid certificate of incorporation (in the case of a corporation) or LLC Addendum (in the case of a limited liability company and available from the Fund Office) must be attached to this form. For Processing, Return to: Richard Gabriel, Director, Electronic Media Division 3550 Wilshire Blvd., Suite 1900, Los Angeles, CA 90010 Phone: 213.251.4510 ext. 207 — Fax: 213.251.4520 — Email: dgabriel@afm.org AFM VIDEO GAME/INTERACTIVE MEDIA AGREEMENT (VIMA) SUMMARY 9/6/2012 1. Scope The Employer recognizes the AFM as the exclusive bargaining agent for musicians covered by this Agreement. 2. Use Of Music Music recorded, copied, orchestrated or prepared pursuant

2 to this Agreement is solely for use by
to this Agreement is solely for use by the Employer in a Video Game/Interactive Media (VIMA) project. Such music, as well as images and audio dialog of musicians participating in these recordings, may be used without additional payment for commercial promotion of this project in Trailers, Commercials, Electronic Press-kits (“EPK”), “Making of Videos”, etc. No additional payment is due for use of music in repackaged, re-released or bundled version of the original product, including expansions packs, add-ons, patches or updates of product, requires no additional payment and is considered original product. All music made pursuant to this agreement may also be used without charge in successor/ sequel releases provided that any new music which is recorded for that sequel/ successor product, is recorded using the AFM Video Game Agreement which is then in effect. For Video Game soundtrack albums, the Employer or its licensee may, upon notice to the AFM, release up to 15,000 units of physical compact discs or digital downloads without additional charge. This music shall not be used in any Motion Picture Theatrical Film, Television Film or any other medium, unless applicable payments are made under the appropriate AFM Agreement(s) and an approved AFM assumption agreement between the Employer and Licensee is secured. (Tier 1) 1-24 musicians - $115/hr (Tier 2) 25 or more musicians - $100/hr A contractor is required for sessions of 12 or more. When 2 or more sessions occur on the same day for the same project, applicable scale is the scale rate required for the session employing the largest number of musicians; except for sessions employing 11 or fewer musicians. Musicians shall be paid no less than the scale rates set fo

3 rth within this Agreement, but nothing w
rth within this Agreement, but nothing within this Agreement shall prevent any Musician from negotiating and obtaining a higher wage than scale. Minimum call is 3 Hours (Single Session). Guaranteed longer calls and Double Sessions (6 hrs of recording within an 8 hr time span, including meal break) are permitted. Booking two Single Sessions in the same day in lieu of a Double Session in order to circumvent the time spread penalty is not permitted. A ten minute hourly break is required. Scale for Leader and Contractor is double the applicable Side Musician scale. When only one Musician is called for a session, he/she shall be paid double the Side Musicians rate. A Contractor (playing or non-playing) is required for sessions employing 12 or more Side Musicians. 6. Multi-Tracking using Electronic Instrument Devices $230/hr, with a 3 hour minimum. 14.5% of Basic Scale Wages, plus doubles, Leader and Contractor premiums, and any overtime and premium overtime wages. $30.54 per day 9. Hold Hour/Overtime Musicians, if required by Employer, must be available for 1 hour beyond guaranteed call length. First Hour (Hold Hour): Pro-rated Basic Scale Wages per 15 minute increment. Premium Overtime: 150% of Basic Scale Wages per 15 minute increment beyond one hold hour. First Double: 50% of Basic Scale Wage. Second and Subsequent Double: 20% of Basic Scale Wage. 11. Minutes of Music No limit to the amount of music that may be recorded under this Agreement. The Employer shall pay actual common carrier cartage costs for heavy instruments, such as keyboards or percussion. If musicians self-transport, the Employer shall pay the musician $50 cartage for harp, and $40 for string bass, tympani, mallet instruments, bass saxophone,

4 contra bassoon, heavy amplifiers, tuba,
contra bassoon, heavy amplifiers, tuba, and drum kit. $15 cartage for baritone saxophone, cello, contra bass clarinet, accordion, guitar, baritone horn, cimbasso, contra bass trombone, bass trombone, and doubling musicians who carry more than 3 instruments. See Addendum A of the current AFM Videogame Agreement for scale opyists and other Music Preparation Musicians. Once engaged by the Employer, cancellations require at least 96 hours notice. “Stand-By” calls are not permitted. Payment is due within 15 business days of the session, or receipt of the AFM performance report form. All sessions must be reported on a B-7 Report Form (or other form as the Federation may require), with the specific project title. 16. Use of Music Previously Recorded Under Another Federation Agreement When music originally recorded under any AFM Agreement is used in this video game, provided such use is not prohibited by that original agreement, the Employer shall pay to or on behalf of those musicians who rendered services preparing or recording such music, all amounts (excluding only health and welfare contributions) that would be required if the recordings were originally made pursuant to this Video Game Agreement. 17. Waivers Prohibited The Employer shall not request, induce or in any other manner attempt to require musicians to waive any rights provided under this Agreement or to render any services except as permitted by this Agreement. 18. Union Security All Musicians employed by the Employer shall be members in good standing of the AFM. Those who are not members on the execution date of this Union Security agreement shall on the thirtieth day following said execution date, become and remain members IEB Rev. 9/6/2012