As a result of the coronavirus pandemic, the Electronic Media Services Division (EMSD) has received a number of requests to waive the streaming costs of certain non-symphonic live projects. Our colleagues in the Symphonic Services Division have established conditions for orchestras with collective bargaining agreements.
In an effort to address the impact of COVID-19 for non-symphonic situations, we have established guidelines for potential waivers, which are broken down in the following two scenarios:
1. Password Protected Stream—If the stream of the performance is password protected and viewable only by ticketholders, the AFM costs that would ordinarily apply under the Internet Streaming Agreement (wages, health and welfare, and pension) will be waived. In cases of performances from houses of worship, the password protection can apply to parishioners. This is provided that the musicians are properly compensated at the appropriate live performance fee established by the AFM local having jurisdiction over the performance for any call.
2. Publicly Available Stream—For online availability to the public of a live stream, the payment for the stream will be an additional 10% of the appropriate local live performance fee plus fringe benefit payments.
Our agreements contain “alligator” clauses requiring payments to be made for any use of the stream beyond COVID-19 or in any other capacity.
We hope that the pandemic becomes a thing of the past as soon as possible so that we get back to our lives and business. In the meantime, we are implementing these guidelines to help address this adverse situation.
If you have any questions, please contact Mary Beth Blakey at 213-447-2259 or via email at firstname.lastname@example.org.