Rig templates artist contract
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- Date: Insert the date the Agreement is signed by both you and the Artist. This is normally hand written.
- 2. Consideration
RIG TEMPLATESARTIST CONTRACTEXPLANATORY NOTES – v8.0BETA VERSION GENERAL: These notes relate to a recommended contract template for Artists v8.0 to be engaged in independent radio productions for the BBC. In the case of productions for Channel Four Radio, you are advised to contact the RIG office if you have any queries. The contract relates to a one-off agreement between the Artist and Production Company for the Programme and a specific number of episodes. These explanatory notes have been produced in conjunction with and with reference to the BBC’s General Terms For The Production of Radio Programmes By Independent Producers last updated on 19th September 2005 and the BBC/Equity: Audio Agreement 2006/2007 dated 9th June 2006. Producers are advised to consult the BBC/Equity: Audio Agreement 2006/2007 for further guidance on situations not covered within the basic standard template contract. Producers are, however, free to negotiate their own contractual terms as required. This Agreement may be amended as required between the Parties and any further clauses may be inserted accordingly to meet those requirements. Further sources of information are available from the BBC Business Affairs website (http://www.bbc.co.uk/commissioning/radio/network/busaffairs.shtml) and the RIG website (http://www.radioindependentsgroup.org). The notes are for use with the Artist Contract 2.1. (please see footer of Artist Contract for correct version 2.1). The numbering below relates to the clauses in the Contract. ______________________ Date: Insert the date the Agreement is signed by both you and the Artist. This is normally hand written.1. Definitions1.1 Insert the name and address of the Artist. It is strongly recommended that the Artist signs in his/her real name in an attempt to prevent the Artist at a later date changing his/her stage name/pseudonym and avoiding the obligations under the Agreement. 1.2 Insert your name, your registered office or trading address and company number if applicable. 1.3 Insert the name of the programme to be intended to be broadcast on the radio. 1.4 Insert the title of the role the Artist will perform in the Programme. 1.5 Insert the name of the intended first Broadcaster, (e.g. the BBC.) 1.6 The Initial TX Fee is made up of an Engagement Fee and a Day Fee. The Engagement Fee is negotiable and will depend on the Artist, the current minimum Engagement Fee in the Equity guidelines for performers engaged by independent radio producers is £200.00 to cover two broadcasts and £135 for one broadcast. This Agreement is drafted on the basis of two transmissions for the Engagement Fee. The Day Fee is currently set at £120 per day (two broadcasts) or £83 per day (one broadcast) as stated in the Equity guidelines for performers engaged by independent radio producers. Optional Clause: The Second TX Rate is currently 80% of the Total Initial TX Fee where this is not included in the initial payment. The Audio On Demand Rate is currently 3% of the Total Initial TX Fee as stated in the Equity guidelines for performers engaged by independent radio producers. You must pay Holiday Entitlement to the Artist. This is currently £5.55 per day or £2.78 per half day as stated in the Equity guidelines for performers engaged by independent radio producers. The Total Fee includes the items outlined above but not the BBC World Service Fee and British Forces Broadcasting Rights Fee. Details of all fees payable to Artists can be found in the Equity – Radio Indies Agreement available in the Resources section of the RIG website www.radioindependentsgroup.org. Please be aware that these fees may be subject to change. 1.7 Insert details of to whom the payments should be made payable. 1.8 Insert how long the Programme will last, in minutes. 1.9 Insert details of where the Programme is to be broadcast, (e.g.) United Kingdom, Europe or the World. 1.10 Include details of what you and/or the BBC consider a radio broadcast. The standard provision is two broadcasts on BBC Radio plus audio on demand and the use of the BBC’s digital radio network. If the commission from BBC only requires one broadcast delete as appropriate. 1.15 Insert the name of which radio channel the Programme will be broadcast on (e.g. BBC Radio 4). 1.16 If the Programme is a series enter the number of episodes. If only one episode enter the number one. 1.17 Insert the date of the first broadcast on the radio channel. 1.18 Insert the date of the recording of the Programme. 1.19 Enter the address of where the recording of the Programme will take place. 1.20 The Intellectual Property Rights are the rights the BBC needs to be cleared for them to use the Programme on further broadcasts and on different media. 1.21 The BBC WORLD SERVICE FEE for the time being in force is currently 23% of the Initial TX Fee. Please see paragraph 600 of the BBC / Equity: Audio Agreement 06/07 available in the Resources section of the RIG website www.radioindependentsgroup.org. Please be aware that this percentage may be subject to change. 1.22 The BRITISH FORCES BROADCASTING SERVICE FEE for the time being in force is currently 7% of the Initial TX Fee. Please see paragraph 601 of the BBC / Equity: Audio Agreement 06/07 available in the Resources section of the RIG website www.radioindependentsgroup.org. Please be aware that this percentage may be subject to change. 1.24 THE REPEAT FEE as currently set by the Equity guidelines for performers engaged by independent radio producers is 33.3% of the Total Fee per UK repeat for domestic broadcasts. Should the Broadcaster only purchase one broadcast the Repeat Fee will be 50% of the Total Fee per UK repeat and 35% per repeat on the World Service. Repeats will take place within three years of the first broadcast. 2. Consideration2.1.2. Clause 2.1.2. The Artist must assign all Intellectual Property Rights in its performance so that you are in control of all of the rights in relation to the Artist’s performance in the Programme. This will allow you to be able to give clearance to the BBC in relation to the performance of the Artist. You will also need the intellectual property rights from all the other contributors to the Programme before you can give full clearance to the BBC. 2.1.3 Clause 2.1.3 is to ensure there will be no further fees payable to the Artist for further broadcasts of the programme other than the BBC WORLD SERVICE FEE and BRITISH FORCES BROADCASTING SERVICE FEE. This is required in accordance with the terms of the agreement between the BBC and yourselves. 2.1.6 Clause 2.1.6 is an additional requirement of the BBC following a period of consultation and its purpose is to reflect the amendments to the BBC’s General and Special Terms in respect of editorial standards and compliance. The purpose of clause 2.1.6 is to ensure that the Artist will not do anything which could bring the Programme, the Production Company or the BBC into disrepute. This new clause now cross-refers to the termination provisions contained in Clause 7.2. 2.2. The BBC request that clause 2.2 be added. Moral rights exist whenever copyright is created and relate to the rights of the author (if asserted) to be identified as the author, to object to derogatory treatment of the work or false attribution of the work and privacy in certain films and photographs. Moral rights cannot be assigned but they can be waived by the author of the work. 2.3.2 Clause 2.3.2. In order to obtain agreement with the Artists and their agents we have agreed to pay them on completion of Artists’ work. However, if you would prefer to only pay the Artist the final 50% of the consideration once you have been paid by the Broadcaster upon Accepted Delivery of the Programme please insert alternative wording: Alternative Clause 2.3.2 50% of the Total Fee following the Accepted Delivery of the Programme by the Broadcaster. Additional Clauses Transport (Optional) If transport is to be provided for the Artist insert the following clause into the Agreement: ”2.6 The Production Company agrees to provide the Artist with transport from [insert the pick up point] to the Location and return. Transport shall be provided by a [insert the type of vehicle] or similar class of vehicle.”
If the Artist requires the payment of expenses insert the following clause into the Agreement: “2.6 or 2.7 The Production Company shall pay the Artist’s reasonable expenses upon the production of valid receipts by the Artist. Any expenses claim for over and including £50 (fifty pounds) must be cleared in advance by the Production Company.”
Clause 3.1. Should the Artist wish to limit the number of publicity photographs he/she appears in then add in a relevant number. A standard provision is that the Artist shall appear in no more than 10 publicity photographs. The Artist will want to ensure that any Publicity is subject to his/her availability. Avoid the use of the words “subject to” as this will allow the Artist to dictate the Publicity arrangements, at the risk of losing you PR opportunities. 4. Broadcast
5. Warranties 5.1.1. Clause 5.1.1 ensures that the Artist is entitled to enter into this agreement and assign his/her intellectual property rights to you. The Concern is that the Artist may have a separate agreement whereby he/she has already assigned his/her intellectual property rights to his/her agent or a different company. 5.1.2. Clause 5.1.2 ensures that the Artist is legally entitled to work in the UK. 5.1.3. Clause 5.1.3 acts as consent of the Artist for you to use his/her performance on repeats without extra payment and to include the intellectual property rights of the Artist in the Programme in a sale of the radio network. 5.1.4 Clause 5.1.4 ensures that the Artist consents to you exploiting the Programme on any format or medium available as this contract is drafted on the basis that all Intellectual Property Rights belong to you. Therefore you should be entitled to exploit the Programme in any way you see fit. If as a gesture of goodwill, you are prepared to pay further sums to the Artist for exploiting the Programme or media other than that originally anticipated, then insert the following phrase at the end of the clause: Additional Wording “… on industry standards to be negotiated in good faith at the time between the parties. “ 5.1.5. Clause 5.1.5 is to protect you should a third party bring a claim against them for infringement of their intellectual property rights in the performance by the Artist. 6. Broadcaster 6. Clause 6 outlines some of the specific rights the BBC has through their agreement with you. 7. Termination 7.1. Clause 7.1 enables you to end the Agreement immediately should the Artist not perform his/her Role in the Programme. This will allow you to end the Agreement without having to pay the Artist. 7.2. Clause 7.2 is a requirement of the BBC. It allows you to end the Agreement should you or the Broadcaster (BBC) consider that the Artist has brought them into disrepute or damaged the prospects of the exploitation of the Programme by his/her acts or failure to act. 7.3. The remaining clauses of 7.3 are standard termination provisions that will enable you or the Artist to end the Agreement if either party breaches the Agreement and does not rectify the breach within 14 days or becomes insolvent or bankrupt. 7.4 This clauses allows you to end the agreement with the Artist and your obligations to him/her should the Broadcaster terminate its agreement with you. The wording below can be added to the end of clause 7.4 and would cancel all outstanding payments due from you to the Artist if the agreement was terminated. Some agents may not want this wording in the agreement and it can be removed. Without the wording should you owe the Artist any fees when the agreement with the Artist is terminated you would still be liable to the Artist for those fees. Additional Wording “In which event any outstanding sums due to the Presenter from the Production Company will cease to be payable.” 8. Notices 8. Under clause 8 should you wish to end the Agreement you must do so by giving a written notice to the Artist. This clause outlines the requirements necessary to deliver the notice and when it will be considered delivered. If you post the notice it will be considered delivered 48 hours after the date of posting. 9. Invalidity 9. Clause 9. If any part of this Agreement is considered illegal or unfair these clauses acts so that only the part that is considered illegal or unfair is removed and the rest of the agreement remains effective. 10. Indemnity 10.1 Clause 10. The Broadcaster may require you to indemnify it against any possible liabilities, losses, damages or claims it receives as a result of broadcasting the Programme. In order to prevent or limit the costs you would have to pay the Broadcaster you should have in place an indemnity from the Artist who will cover you should you be faced with any similar claims from the Broadcaster or third parties. The indemnity is not a comprehensive cover or insurance. Should the Artist become bankrupt or unable to pay you for the costs you will have to pay it. 11. Entire Agreement Clause 11 outlines that this Agreement contains all the terms agreed between you and the Artist and neither of you were induced to enter the Agreement by anything else. It also ensures that the Definitions clause is expressly part of the Agreement. 13. Assignment 13. Clause 13 prevents the Artist handing over the obligations (performance) and benefits (receipt of payment) of this Agreement to a different person. However, should you wish to you could transfer the benefits and obligations of this Agreement to a different person or company. Artist v8.0 Directory: images -> contracts images -> Creating Buy-In – Building Relationships images -> Deadline: Saturday, March 12th, 2016 images -> News items from Raising Our Voices images -> Last year four of the best Afrikaans Christian singers joined forces to tour Down Under with the production ‘Manne wat Glo’ images -> World-renowned vocal ensemble sweet honey in the rock images -> Peoples Voice Café History contracts -> Company Name – Sierra Management and Technologies Seaport-e Point of Contact contracts -> Rig templates contracts -> Rig templates author contract contracts -> Rig templates presenter contract Download 42.36 Kb. Share with your friends:
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