Broadcast and Non-Broadcast Media Agreements
The AFM's Canadian Electronic Media Services Division (EMSD) administers recording contracts negotiated between the AFM or CFM and production companies. These recording contracts cover the whole communications spectrum including broadcast and non-broadcast media. The major types of agreements are for Records/CDs, Motion Pictures, Television Films, TV Variety Programs, TV and Radio Commercial Announcements, Radio, Non-broadcast Industrial Films, DVDs, and Interactive Media.
Canadian Broadcasting Corporation (CBC) General Productions
CFM is pleased to announce that in early 2015, CFM members overwhelmingly ratified a new concept CBC General Production Agreement. The forward-thinking approach and new concept was developed over a 4 year period. While the guaranteed amount is not what we had wanted, $2M is a substantive amount considering the reduction of support CBC is now receiving from the Canadian government yet we were still able to retain the “Guarantee” concept. No other union has such a guarantee of expenditure with the CBC, or elsewhere. We are optimistic that the combination of the Guarantee, CBC’s need to produce and provide content to justify its existence, and their willingness to work with us to bring more independent productions under AFM/CFM Agreements, will result in our members enjoying continued engagement opportunities under very favorable terms and conditions.
The new General Productions Agreement can be downloaded below. Of particular note in the new Agreement are the following changes:
• No longer separate TV and Radio Agreements; one Agreement with 5 modules - General Terms, Drama/Documentary/Children’s, Remotes, Distribution and Fees;
• Wages are based on time worked, not programme length;
• Fees include 1 year broadcast on all platforms (TV, Radio, Internet);
• Each platform has equal value – i.e. recording for internet only is the same fee as TV or radio;
• Supplemental markets increase from 5% to 10% of distributor’s gross;
• Pension increases from 11% to 12%.
I would like to acknowledge my appreciation to all Local Officers and the various OCSM Representatives who participated in these difficult negotiations, and specifically, to the CFM Negotiating Committee Members who helped to finalize this proposed agreement: our dearly departed brother Jim Biros – Local 149; Luc Fortin & Simon Roux – Local 406; David Owen – Local 145; Robin Moir - Local 180; Eddy Bayens – Local 390; Cor Godri – Local 190; Doug Kuss – Local 547; Varun Vyas – Local 571; Francine Schutzman as OCSM Representative; and CFM staff Liana White, Dan Calabrese and Sue Whitfield. The AFM/CFM Committee unanimously supports the new concept Agreement.
Alan Willaert, AFM Vice President from Canada
General Production Agreement between the CBC and CFM
Letter of Agreement: Variety Programmes in Quebec
Letter of Agreement: Variety Programmes in Quebec (French version)
National Film Board
PROPOSED AGREEMENT BETWEEN NATIONAL FILM BOARD OF CANADA -AND THE- CANADIAN FEDERATION OF MUSICIANS
The CFM is pleased to inform you that we have negotiated a five (5) year Agreement with the National Film Board of Canada (NFB). The following represents the changes that will take effect for the successor agreement. I and my negotiating team unanimously recommend you accept and ratify the improvements/amendments as follows:
Term: Five (5) years, September 1, 2015 to August 31, 2020
Fees: The existing fees will be increased as follows:
Monday, September 1, 2015: 2%
Monday, September 1, 2016: 2%
Monday, September 1, 2018: 2%
In addition, there have been minor changes to the language of a housekeeping nature, including the Temporary Membership language (Schedule H).
Additional provisions are contained in the contract form (Appendix A), to accommodate recent changes to pension guidelines within the Province of Quebec.
I urge you to review the entire agreement, which can be found below.
Please make sure to mark your ballot and mail it in the enclosed, self-addressed, prepaid stamped envelope immediately. Ballots must be received by 5:00P.M., Friday, February 26th, 2016.
AFM Vice-President From Canada
National Film Board of Canada Scale Agreement
TVO (Ontario Educational Communications Authority)
CFM negotiates and administers the Ontario Educational Communications Authority Agreement to represent musicians who are engaged for musical services by the Ontario Educational Communications Authority, or TVO. When a musician is engaged to record music for the Ontario Educational Communications Authority or TVO, he or she will be paid, at a minimum, a negotiated scale wage with pension contributions.
Motion Picture/TV Film
The Theatrical Motion Picture and Television Film Agreements set forth the minimum wage scales and working conditions for recording, sideline, music preparation and production musicians in various film categories. These programs include dramatic, non-dramatic, episodic and made for television movies as well as theatrical motion pictures. It is obligatory that before any work is performed, other than with an engager who is a signatory to the agreement, there is a letter of adherence in place with the responsible party and that properly completed B-7 report forms covering your participation on the recording sessions are filed with the appropriate AFM Local. You may be attached to other payments such as Secondary Markets Fund or soundtrack album new use.
Most small Locals will experience sideline (on-camera) work in their jurisdiction more so than underscoring. In some cases the sideline musician may also be recorded. In either instance, appropriate compensation is always due.
Canadian Content Production Rules (CCPR)
CFM negotiates and administers the Canadian Content Production Rules to represent musicians who are engaged to record music for Canadian productions. To be eligible, a production must qualify as Canadian pursuant to the CRTC Canadian Content Regulations, or must have achieved or applied for CAVCO Certification. When an AFM musician is engaged to record music for a Canadian production, he or she will be paid, at a minimum, a negotiated scale wage with pension contributions.
Canadian Digital Specialty Channels
CFM negotiates and administers agreements for the Canadian Digital Specialty Channels to represent musicians who are engaged to provide musical services for Canadian productions intended for initial broadcast on Canadian pay cable networks, also known as Specialty Channels. When an AFM Canadian musician is engaged to record music for a Canadian Digital Specialty Channel, he or she will be paid, at a minimum, a scale wage with pension contributions.
Canadian Pay Cable/Specialty Channels Agreement
Videotape/Live Television/Cable TV/Public TV Contract (B8)
The CFM negotiates and administers the Demo DVD Agreement to represent musicians who wish to create a Demo DVD Recording. When an AFM Canadian musician is engaged to record music for a Demo DVD Recording, he or she will be paid, at a minimum, a negotiated scale wage with pension contributions.
The CFM negotiates and administers the Limited DVD Agreement to represent musicians who wish to create 150 or fewer copies of a DVD Recording. When an AFM Canadian musician is engaged to record music for a Limited DVD Recording, he or she will be paid, at a minimum, a negotiated scale wage with pension contributions.
Live Concert DVD
The CFM negotiates and administers the Live Concert Recording Agreement to represent musicians who wish to videotape a live concert presentation of an indie artist or band which is intended for digital distribution by cable, satellite or internet in Canada for its initial window of distribution. When an AFM musician is videotaped during a live concert presentation, he or she will be paid a live engagement fee along with a step-up for the audio/visual, plus pension.
General Agreement for Commercial Announcements (Canada)
Working on a jingle? CFM will work with you to get the best wages and benefits. CFM negotiates and administers the Canadian TV & Radio Commercial Announcements Agreement to represent musicians who are responsible for the music in jingles. The administrator works with a wide range of creative advertising agencies to implement the agreement.
When a Canadian AFM musician is engaged to record music for a commercial jingle, he or she will be paid, at a minimum, a negotiated scale wage with pension contributions.
When an original recording is incorporated into commercial jingles, the musicians who originally performed the work are paid a "new-use" fee equivalent to the one-hour minimum call session fee, as well as pension that would have been paid if the musicians had come into the studio to record music for commercial jingles. This "new-use" payment applies for all types of original recorded music, including but not limited to phonograph records, CDs, film scores and TV themes.
General Agreement for Commercial Announcements (Canada)
B6 - Television and/or Radio Commercial Annountments and Electrical Transcriptions Contract (Blank)
The AFM and CFM work to protect your wages and subsequent compensation through the Sound Recording Labour Agreement (formerly known as the Phonograph Record Labour Agreement) which sets forth the minimum wage scales and working conditions for musicians (including music preparation members) who perform services for the various types of audio recordings - in recording studios as well as live (compact discs, audiocassettes, etc.) - released for sale on the commercial market. It is obligatory to see to it that before any work is performed, other than with an engager who is a signatory to the agreement, that there is a letter of adherence in place with the responsible party and that properly completed AFM B-4 Report Forms covering your participation on recording sessions are filed with the AFM Local having jurisdiction over the sessions. This will ensure your sharing in the proceeds from the Sound Recording Special Payments Fund
, and that you will receive "new use" payments if your product is utilized in another medium requiring such "new use" payment (i.e. use of a sound recording in a theatrical motion picture, TV film, commercial announcement, etc.).
Limited Pressing Sound Recording
The CFM negotiates and administers the Limited Pressing Sound Recording Agreement to represent musicians who perform services for the various types of audio recordings released for sale on the commercial market. Only a limited number of units of the product may be created and sold under this agreement, either 3,000 physical units may be manufactured or 30,000 individual digital downloaded tracks sold. If a producer subsequently wishes to manufacture or sell additional copies he or she is required to pay the musicians the difference between the original payment and the applicable fee contained in the current Sound Recording Labour Agreement. When an AFM Canadian musician is engaged to record music under the Limited Pressing Agreement, he or she will be paid, at a minimum, a negotiated scale wage with pension contributions.