Tag Archives: ems

Today’s Reality TV Contracts

September 23, 2016 IM

by Mary Beth Blakey, Contract Administrator AFM Electronic Media Services Division

A conundrum that we frequently face when administering television agreements is how they apply to so-called reality TV. Early on, there was a tendency to designate all reality television programs as falling under the Television Videotape Agreement. However, as the years went on and subgenres within reality programming became more defined, the contract administrators in the New York and the West Coast offices were able to reach a more definitive consensus as to which reality shows fall under Live Television agreements, and which fall under the Television Film Agreement.

The distinctions become much more intuitive once you can place a given program under its particular subgenre within reality television.

Documentary Style

The current overwhelming majority of reality programming is “documentary style,” which is almost exclusively administered and interpreted as Television Film content.

Dating—Shows such as the The Bachelor/Bachelorette, Are You the One? and Coupled, featuring contestants attempting to find love, are all TV Film programming. If you receive a call to perform on one of these shows, contact Matt Allen in the West Coast Office to discuss the signatory status of the show, as well as applicable sideline rates.
Soap opera style/celebrities—Programs such as Keeping Up with the Kardashians, I Love Kellie Pickler, Love & Hip Hop, as well as The Real Housewives of … would also all be considered Television Film content. If you spot an AFM sound recording being used in one of these shows, please alert the New Use department in the West Coast Office.
Nonvariety competition—These are shows that feature competition and elimination, but without a variety or musical element. Think Chopped, Project Runway, or Survivor. These programs are also interpreted and administered under the Television Film agreement.

Variety-Based Competition

“Variety-based competition” is the only subgenre of reality programming that should be consistently contracted and reported under the relevant live TV agreement—Television Videotape, Basic Cable, or Non-Standard Television. The Voice, America’s Got Talent, and Dancing with the Stars are great examples of competition shows highlighting musical performances, putting them squarely in the scope of the Television Videotape Agreement.

Contractors working on new shows of this type should contact Mary Beth Blakey in the West Coast Office for the latest applicable rates and terms.

Little Cog in a Big Machine

September 22, 2016 IM

by Cecelia Gray, Administrative Assistant, AFM Electronic Media Services Division

When people ask me about my job I struggle to tell them precisely what my work means to me and what it is I do. I’m a horribly irreverent person, so I say something like, “I work in an office environment where we can spend 10 minutes one-upping each other with puns and it is not an atypical moment for anyone.”

And though that’s something I love about my job, that’s not the root of it. Yes, I love that everyone indulges me with my highly decorated desk, I love talking about music all day, and I love the little peeks I get into the broad and deep history of this place. This job for me, though, is something larger.

I’m the child of a singer-songwriter, a woman who is one of the best music educators I’ve ever seen, and who understands the impact that a good arts education can have on a kid. She fought for years to get proper equipment and funding to build a music program to be proud of in my hometown. I grew up surrounded by a small community of artists of one kind or another, all of whom, including my mother, still struggle with the unfortunate undervaluing of art. I have watched my friends barely scrape by, while they pour their souls out on stage for tips. I’ve fallen behind on rent because it turns out that short films couldn’t pay after all. Do it for the exposure, just try not to die of exposure in the process.

I suppose it’s fitting that, with all of that personal history, I would end up in a place where I can try to do something about it professionally.

I am a little cog in a big machine, but I like what this machine does and I like what I do in it. I help to process paperwork that ensures music is being produced under union conditions. I answer questions about wages and pension for employers and members. I keep detailed records of projects where the union could potentially find its members involved and in need of support. When I can, I find previously unreleased material and money for session musicians who rely upon that money. I am here to support and give voice to those whose work is being used without their permission. As an artist, this gives my job meaning. I am not just pushing paper; I am making sure artists are treated with the respect they deserve.

I was only recently hired full-time, and even though this job fits perfectly into my interests, I was just a temp who accidentally stumbled into it. Now, I’m in this weird family that laughs too loud about dumb puns and I don’t think I’ll be leaving anytime soon. I hope I get the chance to speak for more of you, more often, and I hope that you all will find in me an ally for many years to come.

Electronic Media Services

D and B-4 Report Forms: Ensuring Musicians Are Properly Listed

September 14, 2016 IM

by Kim Wysocki, Administrative Assistant, AFM Electronic Media Services Division

The importance of our CD Jacket Program has grown over the years and continues to grow.

Securing the release of all sound recording products, including, but not limited to, box sets, “anniversary” packages, deluxe editions, etc., which usually contain live and previously unreleased material and coordinating the proper filing of B forms for these recordings, as well as all recordings done under the Sound Recording Labor Agreement (SRLA) are vital to the Electronic Media Services Division (EMSD).

This office continues to pursue major record companies, including covered labels and independent labels signed to the SRLA. In the same vein, the EMSD researches to obtain CDs, label copies, and other pertinent information (including digital releases). When this process is completed, the information gathered is shared with the AFM locals in whose jurisdictions the recordings took place. We work together to ensure that B-4 report forms are accurately filed (hours worked, doubles, overdubs, music preparation, etc.) and also make sure that a current signatory contract is in place. We coordinate our efforts to ensure that musicians are properly credited and receive wages, pension, etc., for their work and subsequent payments from the Special Payments Fund for each of the next five years, as well as for potential new use of recordings in motion pictures, TV Film, commercial announcements, and more.

The filing of these forms is essential and it’s to the benefit of every musician who performs on a recording to see that they are properly listed on the AFM B-4 report forms for their work. This makes new use billing procedures go more smoothly.

EMSD has a scanning procedure to ensure that all the report forms received in this office for any work performed under AFM agreements are “stored” in our system, thereby making them readily accessible. We also have an electronic jacket file (provided by the Pension Fund), which enables us to access information as needed. The more information we have on file, the better equipped we are to serve and assist you.

Click to enlarge

Electronic Media Services

Original Made-for-New-Media Motion Picture Productions

September 11, 2016 IM

by Matt Allen, Contract Administrator, AFM Electronic Media Services Division

Today, more productions are initially made for new media platforms. At recent motion picture seminars I have participated in, original made-for-new-media productions are fast becoming a popular topic of conversation. A side letter to deal with original new media productions was added to the AFM Basic Television Motion Picture Agreement of 2010-2013. Since then, the AFM has covered a number of made-for-new-media motion pictures, from small budget film projects to large new media productions such as House of Cards, Mozart in the Jungle, Alpha House, and Transparent, just to name a few.

I regularly receive questions from musicians, contractors, and producers on just how the AFM handles scoring motion pictures made initially for new media because of the growing popularity of made-for-new-media motion picture productions, and the demand for original scores utilizing world-class musicians in these productions. For this article, I will review some of the basics.

Terms and conditions of employment on original new media productions are freely negotiable between the employee and the producer. This offers greater flexibility to fit the budgetary needs of individual projects, especially smaller independent new media projects. The exception is that all applicable terms and conditions pursuant to the Basic Television Motion Picture Agreement shall apply for musicians who are engaged to perform sideline (on-camera) services on high-budget SVOD programs.

The producer is obligated to make health and welfare (H&W) contributions on behalf of each employee engaged, and such H&W contributions shall be based on the greater of hours worked or guaranteed. In addition, on new media productions budgeted at $25,000 or more per minute, the producer is also obligated to pay a pension contribution on behalf of each employee engaged.

Original made-for-new-media motion pictures should not be confused with other types of new media productions, such as live concerts captured for streaming on the Internet or other devices, which are covered by a different AFM agreement. Lastly, it is important to note that all session paperwork must be filed with the local office in the jurisdiction where the work is being done, and copies of those session report forms must be sent to the AFM’s national office in order to ensure they are filed with the Film Musicians Secondary Markets Fund so that participating musicians are properly credited for their performance in any secondary markets distribution.

Please feel free to contact me directly at the AFM West Coast Office if you should have any questions.