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SYMPHONIC LIMITED PRESSING AGREEMENT (For Use by Canadian Orchestras)

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SYMPHONIC LIMITED PRESSING AGREEMENT (For Use by Canadian Orchestras) CND Symphonic Ltd. Pressing 1 SYMPHONIC LIMITED PRESSING AGREEMENT (For Use By Canadian Orchestras) ____________________________________________________________________________________ 1. This Agreement is made and entered into by and between the___________________________ (Name of Orchestra - hereinafter called the "Engager") and Local__________ of the American Federation of Musicians of the United States and Canada (hereinafter called the "Local".) 2. The parties hereto agree that the sole purpose of this Agreement is to establish rates and conditions for musicians employed in the production of phonograph records where the aggregate number of units as calculated below does not exceed 3,000 and where the music that is recorded will not be utilized for any purpose whatsoever other than for sale to the public as a phonograph record. Phonograph record shall mean any phonograph record, compact disc, tape or any other device reproducing sound, whether now in existence or which may come into existence. It is further accepted and understood by the Engager that this agreement shall be applied only to the creation of a single finished product. (a) Units shall be calculated as follows: (i) For Physical Product (CD’s, tapes, discs etc.) – one (1) unit, based on the number produced, not on the number sold. (ii) For Digital Downloads – Each download of a complete phonograph record shall count as one (1) unit. Each download of an individual track or portion thereof shall count as one unit divided by the number of total tracks on the phonograph record. (E.g. If the phonograph record is comprised of 6 tracks, each download of one track or portion thereof would count as 1/6th of a unit. If the phonograph is comprised of 10 tracks, each download of one track or portion thereof would count as 1/10th of a unit). 3. All musicians engaged hereunder shall be members in good standing of the American Federation of Musicians of the United States and Canada (AFM). 4. The Engager recognizes the Local as the sole and exclusive bargaining agent for all instrumental musicians, conductors, copyists, orchestrators and arrangers of instrumental music, synthesizer programmers, and those who perform similar or related services connected with the recording of phonograph records within the jurisdiction of the Local. 5. The Engager shall not require, request, induce or in any manner attempt to influence any person covered by this Agreement to render services pertaining to the production of phonograph records except under the terms of this Agreement and/or the Sound Recording Labor Agreement of the CND Symphonic Ltd. Pressing 2 Federation. The Local shall make every effort and exercise full authority to see that its members engaged in recording activities do nothing in derogation of the terms and intent of this Agreement. 6.(a) The Engager shall give advance notice to the Local and the Orchestra of all sessions called under this Agreement. 6.(b) A completed Canadian AFM B-4 Contract shall be filed by the Engager with the Local and shall accompany all payments required under this Agreement, including AFM-Employers' Pension Welfare Fund (AFM-EPW Fund [Canada]) contributions. 7. Representatives of the Local shall have access to the place of recording for the purpose of conferring with the musicians. 8. The Engager accepts full responsibility for any phonograph record produced under the terms of this Agreement and shall not assign, lease, license or otherwise transfer title to, or distribution of, such phonograph record(s) in the absence of written notification from the AFM that the prospective buyer, assignee, lessee, licensee or transferee has entered into an Agreement with the AFM pertaining to use of the phonograph record(s). Further, the phonograph record made hereunder shall not be distributed by any commercial distributor, nor shall the label thereof include any reference to such distributor or name of any commercial recording company. 9. Should the Engager a) fail to comply with the foregoing provision or b) utilize a phonograph record produced under this Agreement for any purpose not expressly provided for in #2 above, the Engager shall enter into and fulfill all terms and conditions of the applicable AFM Agreement(s), as determined by the AFM at its sole discretion. 10. Should any phonograph record produced under the auspices of this Agreement ever, without limitation to the duration of this Agreement, exceed three thousand (3,000) units, the Engager shall immediately inform the Local of that fact and further agrees to enter into and fulfill all conditions required by the then current Sound Recording Labor Agreement of the Federation, together with the Phonograph Record Trust Agreement and Phonograph Record Manufacturers' Special Payments Fund Agreement appropriate thereto. Payment of the then prevailing wages, benefits and payments specified in those agreements shall be made to all musicians who performed services in the original Limited Pressing of the Phonograph Record, including all provisions for total minutes of music, minimum calls, doubling, etc., with credit applied for the original payment. For the purpose of calculating the obligation of the Engager under the Sound Recording Trust Agreement and the Sound Recording Manufacturers' Special Payments Fund Agreement, the three thousand (3,000) units produced or allowed under this Agreement shall be included in the computation of those obligations. 11. Without limitation by the duration of this Agreement, the Engager shall: (i) Keep and maintain accurate records and accounts concerning all transactions with respect to phonograph records made under this Agreement; (ii) Six months after the effective date of this Agreement and each six months thereafter, furnish to the Local a report with respect to all phonograph records made under this Agreement containing all information pertaining to pressings, distribution and sales of phonograph records referred to in the preceding paragraphs; (iii) Upon request in writing from the Federation and/or Local at least five (5) days before the date of examination, allow the designated agent(s) of the Federation and/or Local to CND Symphonic Ltd. Pressing 3 examine, during reasonable business hours, all records and accounts concerning all transactions with respect to phonograph records made under this Agreement; (iv) In the event that the Engager signatory hereto fails to comply with any auditing, accounting or reporting procedure of this agreement the agreement will assume that units have exceeded 3,000 and all upgrade payments provided herein shall immediately become due and payable. 12. The Engager agrees to deduct the applicable work dues, based on scale wages, from the wages of each musician rendering services pursuant to this Agreement and to remit such work dues to the Local within fifteen (15) days after such deductions are made. Additional Terms and Conditions (Addendum "A", "B") 13. For the services rendered by the musicians covered by this Agreement in the making of phonograph records, the Engager agrees to compensate the musicians in accordance with and adhere to all of the terms and conditions as provided in Addendum "A" which is attached and made a part hereof. Further, no session shall take place in the absence of a fully executed certification of compliance (Addendum "B"). 14. Any disputes, differences or controversies arising from this Agreement shall be resolved through the Grievance and Arbitration procedure of the collective agreement between the Local and the Engager signatory hereto. In the event that said collective bargaining agreement contains no grievance and arbitration procedure, the parties agree that all disputes, differences or controversies which may arise from this agreement shall first be discussed between the parties, and thereafter, if the parties are unable to resolve the dispute, difference, or controversy, shall be submitted at the request of either party to arbitration by the applicable provincial or federal labour board. 15. The Engager agrees to become a party signatory and be bound by the Trust Indenture dated April 9, 1962 as amended, providing for contributions to the AFM-EPW Fund (Canada), and further agrees to contribute to such Fund on behalf of the musicians engaged by the Engager, an amount equal to 10% of the Limited Pressing scale wages earned by said musicians. The terms of this agreement shall remain in full force and effect as long as any phonograph record made under its terms and conditions exists, notwithstanding termination of this agreement. ACCEPTED AND AGREED: LOCAL________, AMERICAN ENGAGER: FEDERATION OF MUSICIANS ___________________________________ Orchestra By:_________________________________ By: _______________________________ Name & Title Name & Title Date:_______________________________ Date:______________________________ Signature:___________________________ Signature:__________________________ CND Symphonic Ltd. Pressing 4 SYMPHONIC LIMITED PRESSING (CANADIAN) ADDENDUM"A" ________________________________________________________________ AS SIGNATORY TO THE SYMPHONIC LIMITED PRESSING AGREEMENT, A SYMPHONY ORCHESTRA SHALL BE PERMITTED, ONCE PER CALENDAR YEAR, TO CREATE A PHONOGRAPH RECORD UNDER THE TERMS AND CONDITIONS OF THE SYMPHONIC LIMITED PRESSING AGREEMENT PROVIDED THAT ALL OF THE FOLLOWING CONDITIONS ARE MET: A. THE ORCHESTRA IS COVERED BY A CURRENT AFM COLLECTIVE AGREEMENT. B. THE ORCHESTRA GIVES ITS CONSENT BY SECRET BALLOT, MAJORITY VOTE C. THE AFM SYMPHONIC SERVICES DIVISION GIVES ITS CONSENT,
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