Local 802 Theatre Department
Dear Broadway Musician:

     For several months, Local 802 has been considering a proposal from the League and Disney to change the promotional media provisions of our contract to correspond to those negotiated by Equity and the League last summer.  We are pleased to announce that on Friday, April 3 a negotiating subcommittee of the Theater Committee and the administration met with the League and Disney and came to a tentative agreement on conditions which, if ratified, will be inserted into the contract.  Because the payments under this agreement will not commence until and if the agreement is ratified, a ratification meeting is being called, conditioned on completion of a memorandum of agreement outlining all of the changes which will be made to our contract.  The meeting will take place at the following place and time:

Local 802 Club Room
322 w 48th Street
NYC, NY 10036
Wednesday, April 15, 2009
5:00 PM

     The highlights of the proposed changes are below.  The full memorandum of agreement will be available at the meeting and the new conditions will be thoroughly explained at that time.  In the unlikely event that the memorandum is not complete at that time, no vote will be taken, but we anticipate that the documents will be in order at that time so that we will be able to conduct a vote.  As is always the case, the ballot box will be open at the union for twenty-four hours following the meeting. 
 
   If you have any questions, please call the Local 802 Theatre Department.
 
Sincerely,
      
Mary Landolfi                   
President                           

HIGHLIGHTS  OF

PROPOSED PROMOTIONAL MEDIA AGREEMENT

LOCAL 802 and LEAGUE OF AMERICAN THEATRES AND PRODUCERS

 

In September 2007 Actors' Equity members ratified a promotional media agreement with the League of American Theatres and Producers. Local 802 has now reached a similar agreement that closely mirrors the Equity contract while recognizing the differences that exist between the two groups. The following is a summary of the proposed agreement and how it changes the current contract.

 

WHAT WILL CHANGE

1)     If approved producers will be allowed the unlimited capture of rehearsals and performances. (While the Local 802 agreement has no limits on capture, the prior Equity Contract had restricted the amount of "B-roll" footage that could be shot.)

2)     Use of the captured material will be limited to promotional purposes only on an expanded list of platforms. The content and time limitations for promotional usage will be limited to a maximum of 15 minutes.

3)     In exchange for this promotional use, a media payment will be made to all musicians who play for all productions based upon a percentage of basic scale, not including doubles or premiums. If a cast album is made and paid as per the terms of the AFM Sound Recording Agreement, tracks from that cast album may be used in jingles without additional payment.

 

WHAT WILL NOT CHANGE

1)     All non-promotional uses must be paid according to the appropriate AFM contract. This includes;

·          Recordings of cast albums or release of cast albums (from captured material) to be paid as per the AFM Sound Recording Agreement. 

·          Use of captured material in a jingle, separately called jingle sessions, and any musician who appears on camera in a jingle from any source, will all continue to be paid as per the terms of the AFM Commercial Announcements Agreement. 

·          Use of captured material on Network television shows will continue to be paid in accordance with the AFM Videotape Agreement.

·          Use of captured material in a TV or Theatrical film or video game will continue to be paid in accordance with the applicable AFM Agreement.

2)     Other terms and conditions of the Local 802/ League contract remain unchanged

 

MEDIA PAYMENT

For use of the captured material for promotional purposes only, musicians will receive the following compensation;

Effective with ratification of this agreement          1%  of scale

Effective October 1, 2009                                  1.5% of scale

Effective November 1, 2010                                2% of scale

 

CONTRACT EXTENSION

1)     The current Local 802/League agreement is extended one year and will expire on March 2, 2011.

2)     The current orchestra minimums shall continue in place for one additional year until March 4, 2014.

 

OTHER PROVISIONS

1)     Ban on use of captured material in any work-stoppage

2)     Additional payments to copyists for media uses.

3)     Procedure for resolving disputes over use of captured material

4)     Re-opener if any changes in the Actors Equity media agreement

 

 
Associated Musicians of Greater New York
Local 802, AFMAsscociated Musicians of Greater New York
322 W. 48th St
New York, New York 10036
212 245-4802  Local 802 website