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Directors Guild of America, Inc. Freelance Live and Tape Television Agreement of 2011

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Directors Guild of America, Inc. Freelance Live and Tape Television Agreement of 2011 DIRECTORS GUILD OF AMERICA, INC. FREELANCE LIVE AND TAPE TELEVISION AGREEMENT OF 2011 TABLE OF CONTENTS ARTICLE PAGE 1. A. Definition of Terms .......................................7 B. Scope ..................................................9 2. A. Directors ..............................................14 B. Associate Directors ......................................15 C. Stage Managers .........................................17 D. Construction ...........................................19 3. RECOGNITION ............................................21 4. GUILD SECURITY .........................................22 5. REPORTING OF EARNINGS ................................23 6. BASIC MINIMUM COMPENSATION AND CONDITIONS FOR DIRECTORS A. Dramatic Programs ......................................24 B. Variety Programs .......................................26 C. Quiz and Game Programs .................................29 D. Strip Programs .........................................30 E. All Other Programs ......................................32 F. Sports ................................................34 G. News and Commentary Programs ..........................35 H. Local Freelance Directors .................................37 I. Budget Table ...........................................38 J. Segments ..............................................38 K. Lead-Ins ..............................................38 L. Talent Test .............................................40 M. Intended Broadcast Pattern and Adjustment of Director's Salary ..40 N. Pilots, Presentations and Workshops ........................41 O. Additional Days ........................................45 P. Special Provisions Applicable to Serials .....................45 -i- ARTICLE PAGE Q. Compensation on Recall for Particular Services ...............48 R. Double Length Episode ..................................48 S. Payment for Combined or Extended Programs ................48 T. One Director to a Prime Time Dramatic Program ..............49 U. Literary Material ........................................50 V. Director Residency ......................................50 7. ADDITIONAL COMPENSATION FOR RERUNS, SEGMENT RE-USE AND FOREIGN USE PAYMENTS A. How Paid ..............................................51 B. Additional Compensation for Reruns ........................52 C. Rerun Payments ........................................56 D. Additional Compensation for Foreign Telecasts ...............57 E. Basic Cable Exhibition ...................................65 F. Copyright Royalty Tribunal ...............................66 G. Residual Audits .........................................66 8. COMMERCIALS AND PROMOTIONAL ANNOUNCEMENTS A. Commercials ...........................................68 B. Promotional Announcements ..............................68 9. GENERAL CONDITIONS A. ......................................................69 B. ......................................................77 C. Safety .................................................86 D. ISAN Numbers .........................................88 10. BASIC MINIMUM COMPENSATION AND CONDITIONS FOR ASSOCIATE DIRECTORS AND STAGE MANAGERS Part 1. Prime Time Dramatic Programs A. Minimum Salaries .......................................89 B. Other Working Conditions ................................92 -ii- ARTICLE PAGE 10. BASIC MINIMUM COMPENSATION AND CONDITIONS FOR ASSOCIATE DIRECTORS AND STAGE MANAGERS Part 1. Prime Time Dramatic Programs (continued) C. Duties ...............................................105 D. Budget Disclosure ......................................108 E. Termination ...........................................108 F. No Credit or Offset .....................................109 Part 2. Programs Other than Prime Time Dramatic Programs A. Associate Directors .....................................109 B. Stage Managers ........................................110 C. Associate Director/Stage Manager Combination (when permitted) 110 D. Hours of Work ........................................110 Part 3. Provisions Applicable to All Associate Directors and Stage Managers A. Employment Criteria for Associate Directors and Stage Managers 117 B. Preparation Time .......................................118 C. Cancellation of Calls ....................................119 D. Vacations .............................................120 E. Meal Period ...........................................120 F. Confirmation of Employment .............................120 G. Production Reports .....................................121 H. Replacement ..........................................121 I. Elimination of Duplicate Contributions for Associate Directors/ Review of Associate Director Rest Periods ..................122 J. Work in the New York Metropolitan Area ...................122 11. PENSION AND HEALTH AND WELFARE A. Pension ..............................................123 B. Health and Welfare .....................................124 -iii- ARTICLE PAGE 12. PENSION, HEALTH AND WELFARE -- TRUST FUNDS AND DELINQUENCIES A. Trust Agreements ......................................125 B. Trustees ..............................................125 C. Delinquent Contributions ................................125 D. Arbitration ............................................126 E. Loan-Outs ............................................126 F. Claims Period .........................................126 13. MOTION PICTURE AND TELEVISION FUND ................128 14. CONTRACTS OF EMPLOYMENT A. Contracts .............................................129 B. Employment ..........................................131 C. Individual Contracts ....................................132 D. On or About ..........................................133 15. AUTHORITY OF DIRECTORS A. .....................................................134 B. .....................................................134 C. .....................................................134 D. .....................................................134 E. .....................................................135 16. CREDITS A. Television Credits ......................................136 B. Guild to Determine Controversy Over Credits ................141 C. Notice of Credits .......................................141 17. STAGING A. .....................................................142 B. .....................................................142 C. .....................................................142 -iv- ARTICLE PAGE 18. STRIKES - UNUSUAL DUTIES ..............................143 19. NON-DISCRIMINATION A. Policy ................................................144 B. Reports ..............................................144 C. Representatives ........................................144 D. Arbitration ............................................145 E. Diversity Meetings .....................................146 20. ARBITRATION A. Matters Subject to Grievance and Arbitration ................147 B. Grievance Procedure ....................................148 C. Arbitration Procedure ...................................149 D. Expedited Arbitration Procedure ..........................154 E. Arbitral Remedies ......................................156 F. Court Proceedings ......................................157 G. Withdrawal of Services ..................................159 21. WAIVERS ................................................160 22. POSTING OF BOND .......................................161 23. OTHER USES OF TELEVISION PROGRAMS A. .....................................................162 B. .....................................................163 24. SUPPLEMENTAL MARKETS A. Programs Covered ......................................173 B. Definitions ............................................173 C. Supplemental Market Distribution Other Than by Cassettes .....175 D. Supplemental Market Distribution on Cassettes ..............179 E. Participating Employees .................................183 F. Reports and Manner of Payment ..........................184 G. Assumption of Obligations ...............................187 -v- ARTICLE PAGE 24. SUPPLEMENTAL MARKETS (continued) H. .....................................................189 I. .....................................................189 25. RADIO ...................................................190 26. NOTIFICATION – USE OF FACILITIES .....................191 27. AGREEMENT TO BE INTERPRETED IN ACCORDANCE WITH LAW .....................................................192 28. EFFECTIVE DATE AND TERM A. .....................................................193 B. .....................................................193 C. .....................................................193 29. MINIMUM SALARIES AND RESIDUAL COMPENSATION FOR DIRECTORS OF PROGRAMS PRODUCED MAINLY FOR THE PAY TELEVISION AND VIDEODISC/VIDEOCASSETTE MARKET A. Applicability of this Article ..............................194 B. Directors' Minimum Salaries .............................196 C. Residual Compensation for Pay Television and Videodisc/Videocassette Exhibition ........................200 D. Residual Compensation for Pay Television, Excluding (i) Pay- Per-View and (ii) Sports and Non-Staged Event Programs ......201 E. Residual Compensation for Pay Television Exhibition (Including Pay-Per-View) of Sports and Non-Staged Event Programs ......212 F. Residual Compensation for Pay-Per-View Exhibition Other Than Sports and Non-Staged Event Programs ....................213 G. Residual Compensation
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