Common use of Promotional Rights Clause in Contracts

Promotional Rights. The parties confirmed that the rights derived from the services of employees performing their regular duties covered by the Agreement include the right to exploit the proceeds of their services and their likeness, image or voice in the promotion, marketing or exploitation of the motion picture. The foregoing does not apply when the likeness, image, or voice appear in the motion picture itself. Xxxxxxx Xxxx January 1, 2017 WORK WEEK SHIFTS The IATSE will continue its past practice of considering timely requested waivers to permit additional workweek shifts related to a scheduled holiday hiatus and/or travel to or from an overnight production location. Each party to the 2017-2019 Low Budget Theatrical Agreement hereby confirms its concurrence with the foregoing by its execution of this Sideletter at the place provided below. Sincerely, BY: ACKNOWLEDGED AND AGREED: INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYES BY: January 1, 2017 Xxxxxxx Xxxx, President International Alliance of Theatrical Stage Employes 000 Xxxx 00xx Xxxxxx, 0xx Floor New York, NY 10001 Re: Published Sideletter Two to the 2017-2019 Low Budget Theatrical Agreement The following is intended to memorialize the agreement and understanding reached between the parties to the above Agreement during the course of its negotiation. A Director of Photography (“DP”) and the Producer of the film may request that the DP be permitted to also function as a Camera Operator. Such request must be made in writing during the film’s pre-production and directed to the IATSE with a copy to the appropriate Camera Local. The IATSE shall have the authority to grant such request based upon special needs or extraordinary circumstances. The agreement of the DP to operate the camera shall not be a condition of the DP’s employment and the DP and Producer shall confirm same in their request. Each party to the 2017-2019 Low Budget Theatrical Agreement hereby confirms its agreement with the foregoing by its execution of this Sideletter at the place provided below. Sincerely, BY: ACKNOWLEDGED AND AGREED: INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYES BY: January 1, 2017 Xxxxxxx Xxxx, President International Alliance of Theatrical Stage Employees 000 Xxxx 00xx Xxxxxx, 0xx Floor New York, NY 10001 Re: Published Sideletter Three to the 2017-2019 Low Budget Theatrical Agreement During the course of negotiations for the 2017-2019 Low Budget Theatrical Agreement the parties agreed to include the classifications of Location Managers and Assistant Locations Managers as covered classifications in recognition that the IATSE represents such employees in numerous geographical locations covered by the Agreement. The parties further agreed that such recognition did not extend to geographical areas where another labor organization had established jurisdiction in such areas reflected in agreements with other employers, including but not limited to New York, Los Angeles, Canada, Georgia, New Mexico and Michigan, and did not preclude the employment of Location Managers and Assistant Location managers under such agreements to work in geographical areas where such person, if hired locally, would be subject to the 2017-2019 Low Budget Theatrical Agreement. Each party to the 2017-2019 Low Budget Theatrical Agreement hereby confirms it concurrence with the foregoing by its execution of the Sideletter at the place provided below. Sincerely, BY: ACKNOWLEDGED AND AGREED: INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYES BY: January 1, 2017 Xxxxxxx Xxxx, President International Alliance of Theatrical Stage Employees 000 Xxxx 00xx Xxxxxx, 0xx Floor New York, NY 10001 Re: Published Sideletter Four to the 2017-2019 Low Budget Theatrical Agreement The following is intended to memorialize the agreement and understanding reached between the parties to the above Agreement during the course of its negotiation. The language in Article X (No Strike, No Lockout) and Article XI (Grievance Procedure) which relieves the Union of limitations on its ability to engage in concerted activity and only utilize the grievance procedure in the event an Employer fails to pay wages earned by employees covered by the Agreement or remit required benefit contributions and fails to promptly remedy such material breaches of the Agreement upon demand by the Union is intended to apply when there is a failure to pay the entire IATSE represented crew or a substantial portion thereof or the failure to remit benefit contributions on behalf of the entire IATSE represented crew or a substantial portion thereof and not if such failure is limited to a few employees and is attributable to error, confusion, inadvertence or dispute. Each party to the 2017-2019 Low Budget Theatrical Agreement hereby confirms its agreement with the foregoing by its execution of this Sideletter at the place provided below. Sincerely, BY: ACKNOWLEDGED AND AGREED: INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES BY: January 1, 2017 Xxxxxxx Xxxx, President International Alliance of Theatrical Stage Employees 000 Xxxx 00xx Xxxxxx, 0xx Floor New York, NY 10001 Re: Published Sideletter Five to the 2017-2019 Low Budget Theatrical Agreement Extended Workday Safety Guidelines: It shall be the responsibility of the Employer to ensure that safety standards consistent with OSHA and prevailing industry safety standards are maintained during the production and that no unsafe equipment, procedures or practices are allowed on the set or work site. Employees shall cooperate with the Employer to maintain such safety standards at all times. No employee shall be discharged or otherwise disciplined for refusing to work on a job that exposes the individual to a clear and present danger to life and limb. Employer shall refer to CSATF Safety Bulletins at the following website xxxx://xxx.xxxxx.xxx/xxxxxxxxxxx.xxxxx. Motion Picture productions are budgeted for specified hours of production. There are cost deterrents which encourage the production to be on budget and on time. When an extended work day is necessary, the need for same should be identified as far in advance as possible so that appropriate planning may occur. The following guidelines set forth common sense measures which should be considered when extended work days are necessitated:

Promotional Rights. The parties confirmed that the rights derived from the services of employees performing their regular duties covered by the Agreement include the right to exploit the proceeds of their services and their likeness, image or voice in the promotion, marketing or exploitation of the motion picture. The foregoing does not apply when the likeness, image, or voice appear in the motion picture itself. Persons engaged to capture the likeness, image, or voice of employees covered hereunder in connection with the production of electronic press kits shall be subject to this Agreement; provided, however, there shall be no preference of employment or limitations on assistance and interchange. Nothing herein shall limit the subcontracting of the production of electronic press kits, provided the Employer first notifies the IATSE in writing of its intention to subcontract, and the direct labor costs of the subcontract are not less than the direct labor costs set forth in this Agreement, the Videotape Electronics Supplemental Basic Agreement, or other applicable IATSE collective bargaining agreement. Xxxxxxx Xxxx January Re: Published Sideletter One to 2023-2025 Low Budget Theatrical Agreement February 1, 2017 2023 WORK WEEK SHIFTS The IATSE will continue its past practice of considering timely requested waivers to permit additional workweek shifts related to a scheduled holiday hiatus and/or travel to or from an overnight production location. Each party to the 20172023-2019 2025 Low Budget Theatrical Agreement hereby confirms its concurrence with the foregoing by its execution of this Sideletter at the place provided below. Sincerely, BY: ACKNOWLEDGED AND AGREED: INTERNATIONAL ALLIANCE INTERNATIONALALLIANCE OF THEATRICAL STAGE EMPLOYES BY: January February 1, 2017 Xxxxxxx Xxxx, President International Alliance of Theatrical Stage Employes 000 Xxxx 00xx Xxxxxx, 0xx Floor New York, NY 10001 Re: Published Sideletter Two to the 2017-2019 Low Budget Theatrical Agreement The following is intended to memorialize the agreement and understanding reached between the parties to the above Agreement during the course of its negotiation. A Director of Photography (“DP”) and the Producer of the film may request that the DP be permitted to also function as a Camera Operator. Such request must be made in writing during the film’s pre-production and directed to the IATSE with a copy to the appropriate Camera Local. The IATSE shall have the authority to grant such request based upon special needs or extraordinary circumstances. The agreement of the DP to operate the camera shall not be a condition of the DP’s employment and the DP and Producer shall confirm same in their request. Each party to the 2017-2019 Low Budget Theatrical Agreement hereby confirms its agreement with the foregoing by its execution of this Sideletter at the place provided below. Sincerely, BY: ACKNOWLEDGED AND AGREED: INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYES BY: January 1, 2017 2023 Xxxxxxx Xxxx, President International Alliance of Theatrical Stage Employees 000 Xxxx 00xx Xxxxxx, 0xx Floor New York, NY 10001 Re: Published Sideletter Three to the 2017-2019 Low Budget Theatrical Agreement During the course of negotiations for the 2017-2019 Low Budget Theatrical Agreement the parties agreed to include the classifications of Location Managers and Assistant Locations Managers as covered classifications in recognition that the IATSE represents such employees in numerous geographical locations covered by the Agreement. The parties further agreed that such recognition did not extend to geographical areas where another labor organization had established jurisdiction in such areas reflected in agreements with other employers, including but not limited to New York, Los Angeles, Canada, Georgia, New Mexico and Michigan, and did not preclude the employment of Location Managers and Assistant Location managers under such agreements to work in geographical areas where such person, if hired locally, would be subject to the 2017-2019 Low Budget Theatrical Agreement. Each party to the 2017-2019 Low Budget Theatrical Agreement hereby confirms it concurrence with the foregoing by its execution of the Sideletter at the place provided below. Sincerely, BY: ACKNOWLEDGED AND AGREED: INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYES BY: January 1, 2017 Xxxxxxx Xxxx, President International Alliance of Theatrical Stage Employees 000 Xxxx 00xx Xxxxxx, 0xx Floor New York, NY 10001 Re: Published Sideletter Four to the 2017-2019 Low Budget Theatrical Agreement The following is intended to memorialize the agreement and understanding reached between the parties to the above Agreement during the course of its negotiation. The language in Article X (No Strike, No Lockout) and Article XI (Grievance Procedure) which relieves the Union of limitations on its ability to engage in concerted activity and only utilize the grievance procedure in the event an Employer fails to pay wages earned by employees covered by the Agreement or remit required benefit contributions and fails to promptly remedy such material breaches of the Agreement upon demand by the Union is intended to apply when there is a failure to pay the entire IATSE represented crew or a substantial portion thereof or the failure to remit benefit contributions on behalf of the entire IATSE represented crew or a substantial portion thereof and not if such failure is limited to a few employees and is attributable to error, confusion, inadvertence or dispute. Each party to the 2017-2019 Low Budget Theatrical Agreement hereby confirms its agreement with the foregoing by its execution of this Sideletter at the place provided below. Sincerely, BY: ACKNOWLEDGED AND AGREED: INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES BY: January 1, 2017 Xxxxxxx Xxxx, President International Alliance of Theatrical Stage Employees 000 Xxxx 00xx Xxxxxx, 0xx Floor New York, NY 10001 Re: Published Sideletter Five to the 2017-2019 Low Budget Theatrical Agreement Extended Workday Safety Guidelines: It shall be the responsibility of the Employer to ensure that safety standards consistent with OSHA and prevailing industry safety standards are maintained during the production and that no unsafe equipment, procedures or practices are allowed on the set or work site. Employees shall cooperate with the Employer to maintain such safety standards at all times. No employee shall be discharged or otherwise disciplined for refusing to work on a job that exposes the individual to a clear and present danger to life and limb. Employer shall refer to CSATF Safety Bulletins at the following website xxxx://xxx.xxxxx.xxx/xxxxxxxxxxx.xxxxx. Motion Picture productions are budgeted for specified hours of production. There are cost deterrents which encourage the production to be on budget and on time. When an extended work day is necessary, the need for same should be identified as far in advance as possible so that appropriate planning may occur. The following guidelines set forth common sense measures which should be considered when extended work days are necessitated:10001

Promotional Rights. The parties confirmed that the rights derived from the services of employees performing their regular duties covered by the Agreement include the right to exploit the proceeds of their services and their likeness, image or voice in the promotion, marketing or exploitation of the motion picture. The foregoing does not apply when the likeness, image, or voice appear in the motion picture itself. Xxxxxxx Xxxx January 1, 2017 2014 WORK WEEK SHIFTS The IATSE will continue its past practice of considering timely requested waivers to permit additional workweek shifts related to a scheduled holiday hiatus and/or travel to or from an overnight production location. Each party to the 20172014-2019 2016 Low Budget Theatrical Agreement hereby confirms its concurrence with the foregoing by its execution of this Sideletter at the place provided below. Sincerely, BY: ACKNOWLEDGED AND AGREED: INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYES BY: January 1, 2017 2014 Xxxxxxx Xxxx, President International Alliance of Theatrical Stage Employes 000 Xxxx 0000 Xxxxxxxx, 00xx XxxxxxXxxxx Xxx Xxxx, 0xx Floor New York, NY 10001 XX 00000 Re: Published Sideletter Two to the 20172014-2019 2016 Low Budget Theatrical Agreement The following is intended to memorialize the agreement and understanding reached between the parties to the above Agreement during the course of its negotiation. A Director of Photography (“DP”) and the Producer of the film may request that the DP be permitted to also function as a Camera Operator. Such request must be made in writing during the film’s pre-production and directed to the IATSE with a copy to the appropriate Camera Local. The IATSE shall have the authority to grant such request based upon special needs or extraordinary circumstances. The agreement of the DP to operate the camera shall not be a condition of the DP’s employment and the DP and Producer shall confirm same in their request. Each party to the 20172014-2019 2016 Low Budget Theatrical Agreement hereby confirms its agreement with the foregoing by its execution of this Sideletter at the place provided below. Sincerely, BY: ACKNOWLEDGED AND AGREED: INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYES BY: January 1, 2017 2014 Xxxxxxx Xxxx, President International Alliance of Theatrical Stage Employees 000 Xxxx 0000 Xxxxxxxx, 00xx XxxxxxXxxxx Xxx Xxxx, 0xx Floor New York, NY 10001 XX 00000 Re: Published Sideletter Three to the 20172014-2019 2016 Low Budget Theatrical Agreement During the course of negotiations for the 20172014-2019 2016 Low Budget Theatrical Agreement the parties agreed to include the classifications of Location Managers and Assistant Locations Managers as covered classifications in recognition that the IATSE represents such employees in numerous geographical locations covered by the Agreement. The parties further agreed that such recognition did not extend to geographical areas where another labor organization had established jurisdiction in such areas reflected in agreements with other employers, including but not limited to New York, Los Angeles, Canada, Georgia, New Mexico and Michigan, and did not preclude the employment of Location Managers and Assistant Location managers under such agreements to work in geographical areas where such person, if hired locally, would be subject to the 20172014-2019 2016 Low Budget Theatrical Agreement. Each party to the 20172014-2019 2016 Low Budget Theatrical Agreement hereby confirms it concurrence with the foregoing by its execution of the Sideletter at the place provided below. Sincerely, BY: ACKNOWLEDGED AND AGREED: INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYES BY: January 1, 2017 2014 Xxxxxxx Xxxx, President International Alliance of Theatrical Stage Employees 000 Xxxx 0000 Xxxxxxxx, 00xx XxxxxxXxxxx Xxx Xxxx, 0xx Floor New York, NY 10001 XX 00000 Re: Published Sideletter Four to the 20172014-2019 2016 Low Budget Theatrical Agreement The following is intended to memorialize the agreement and understanding reached between the parties to the above Agreement during the course of its negotiation. The language in Article X (No Strike, No Lockout) and Article XI (Grievance Procedure) which relieves the Union of limitations on its ability to engage in concerted activity and only utilize the grievance procedure in the event an Employer fails to pay wages earned by employees covered by the Agreement or remit required benefit contributions and fails to promptly remedy such material breaches of the Agreement upon demand by the Union is intended to apply when there is a failure to pay the entire IATSE represented crew or a substantial portion thereof or the failure to remit benefit contributions on behalf of the entire IATSE represented crew or a substantial portion thereof and not if such failure is limited to a few employees and is attributable to error, confusion, inadvertence or dispute. Each party to the 20172014-2019 2016 Low Budget Theatrical Agreement hereby confirms its agreement with the foregoing by its execution of this Sideletter at the place provided below. Sincerely, BY: ACKNOWLEDGED AND AGREED: INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES BY: January 1, 2017 2014 Xxxxxxx Xxxx, President International Alliance of Theatrical Stage Employees 000 Xxxx 0000 Xxxxxxxx, 00xx XxxxxxXxxxx Xxx Xxxx, 0xx Floor New York, NY 10001 XX 00000 Re: Published Sideletter Five to the 20172014-2019 2016 Low Budget Theatrical Agreement Extended Workday Safety Guidelines: It shall be the responsibility of the Employer to ensure that safety standards consistent with OSHA and prevailing industry safety standards are maintained during the production and that no unsafe equipment, procedures or practices are allowed on the set or work site. Employees shall cooperate with the Employer to maintain such safety standards at all times. No employee shall be discharged or otherwise disciplined for refusing to work on a job that exposes the individual to a clear and present danger to life and limb. Employer shall refer to CSATF Safety Bulletins at the following website xxxx://xxx.xxxxx.xxx/xxxxxxxxxxx.xxxxx. Motion Picture productions are budgeted for specified hours of production. There are cost deterrents which encourage the production to be on budget and on time. When an extended work day is necessary, the need for same should be identified as far in advance as possible so that appropriate planning may occur. The following guidelines set forth common sense measures which should be considered when extended work days are necessitated: