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Home » Electronic Media Services » EMSD 101: How to Select the Correct Agreement for Your Project

EMSD 101: How to Select the Correct Agreement for Your Project


The following list of questions is supplied for the purpose of ascertaining necessary information so that rates from the appropriate agreement may be provided.

We would like to preface these questions by stating that if the electronic media project involves a symphony, opera, ballet or chamber orchestra and has a collective bargaining agreement, you will need to confer with the Symphonic Services Division—at least initially—in order to determine the appropriate agreement.

If it is a live performance being recorded or taped, is there a live performance contract on file?

What is the nature of the project (music recorded for a CD release/download, commercial announcement, television show, motion picture, etc.)?

If it is music for a CD release/download, what is the approximate number of pressings/downloads? What is the approximate budget?

If it is music for a commercial announcement, is it for a national, regional, or local campaign?  Which medium (television, radio, Internet, etc.)? Will musicians be engaged on camera?

If it is music for a television show, which type of show (variety special, talk show, sports event or theme, documentary, sitcom, awards show, etc.)? Over which type of television will the show air (network, basic cable, pay cable, PBS, local television, etc.)?

If it is for a variety type show (talk show, awards show, etc.), what are the lengths of the show and rehearsals?  

If it is for a television movie, scripted episodic show, documentary for TV, sitcom, etc., will musicians be engaged on camera?

Will this be a project for the Internet (live performance pick-up), staged concert? Will it be one-time live stream, an on-demand stream, etc.? Will access to the stream be ad-supported or subscription based?

Will this be a made-for-new- media project? If so, what type of show is it, and over which new media platforms will it be made available (Netflix, Amazon, etc.)? Will the ability to view the show be ad-supported or subscription based?

In all instances, what is the name of the production entity and party responsible for control of the product?

how to select the correct agreement

Click here to download a PDF version of the above chart.