Where Do I Begin?
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Archival Agreements (for captures not intended for public release)
An “archival recording” occurs when a live engagement is captured for the purposes of future review by the Producer and the Producer only. Archival recordings are not permitted to be broadcast or disseminated in any way, shape, or form. Moreover, a recording engagement cannot be called for the purpose of being an archival recording, if outside of the scope of a live engagement or steady collective bargaining agreement.
Most likely, if you are looking to capture a recording for purposes such as demonstration to potential financial backers, the Audio Demonstration Recording Agreement is a better fit.
The AFM has a Visual Archival Agreement to cover the capture, with no more than two cameras, of a live engagement for the purposes of review. If such a capture is intended for sale or other dissemination, it may better fit under the Limited Release DVD Agreement.
Commercial Announcements (for audio or audiovisual content promoting a product, service, etc.)
The Commercial Announcements Agreement covers musicians employed to record the music tracks to be used in the production of commercials in any medium (television, radio, Internet, etc.) The agreement also includes separate provisions for musicians engaged to appear on camera.
Musicians must be paid for session work and will also receive residual payments in the form of “cycles,” depending on how the music is used and how the commercials are aired.
All commercial announcements session work and residual payments are filed on an AFM B-6 Report Form.
Music recorded under the Sound Recording Labor Agreement (SRLA) may be licensed for use in commercials. In this case, the SRLA’s licensing provisions do not apply and all payments that would have been required if the music had been recorded as a commercial in the first place will be required. For more information, see New Use.
Single market advertisers, usually small businesses, in areas with small AFM Locals, may file their work under the Made and Played Commercial Announcements Agreement.
Demos (for captures intended for demonstration purposes)
Demos are recordings that are intended to display a piece or performance for the purposes of, well, demonstration, as well as for attempts to find financial backers for a project. They are, inherently, non-broadcast in nature. If a recording is intended to be distributed to the general public at large, the demonstration agreement terms do not apply.
AFM Locals administrate their own Audio Demonstration Recording agreements for the capture of music for such purposes. This agreement contains an additional payment for video capture, though the usage is limited to that which would normally be covered by an Electronic Press Kit.
Full visual capture of live performances for demonstration purposes is generally not covered, aside from, in limited circumstances, by the Limited Release DVD Agreement or by the Audition language in the Television Videotape Agreement.
Film and Television (for audiovisual projects made for cinemas, television or new media)
The AFM has a wide variety of agreements covering film and television work. If you’re unfamiliar with how they work, then it’s difficult to know where to begin.
The first distinction is that the work of a musician varies depending on the type of production being made. Work done for “television” may vary wildly from project to project. The AFM makes a distinction between work that normally requires underscoring or has a narrative structure (covered by the Film Agreements) and variety-type work that’s normally broadcast live or as-live (covered by the Live Television Agreements).
Film Agreements
The AFM’s film agreements are negotiated with the Alliance of Motion Picture and Television Producers (AMPTP) and covers in-studio work (“scoring”) as well as on-camera appearances by musicians (“sidelining”). This type work can be done for either theatrical release or for a television series. Also included here are Industrial Films, which are similarly underscored, but are not broadcast outside a specific location or event.
Theatrical Motion Pictures
Industrial Films
Television Films
On-Camera Work (« Sidelining »)
Soundtrack Releases
Live Television Agreements
The Live Television Agreements are a family of agreements that cover variety-type programming intended to be broadcast live or as-live, such as morning shows, daytime and late night talk shows, sketch comedy shows, award shows, game shows, sports, and other specials. For historical purposes, these agreements also cover “daytime serials” (soap operas.)
Network Television (« Videotape »)
Basic Cable
Non-Standard Television (Pay Cable)
Public Television (PBS)
Country Music Television (CMT)