Musicians Union / PACT Agreement

Effective 1st January 2010

MUSICIANS' UNION/PACT AGREEMENT

TABLE OF CONTENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.

Preamble
Date of Commencement and Duration of the Agreement
Content of the Agreement
Engaging Musicians
Union Recognition
Forms of Engagement
Basic Sound Recording Engagements
Four out of Five Hours Session (Light Entertainment Programmes)
Regional Recording Engagements
Miming
Incidental Music - Multi-episodic Use
Signature Tunes (including Opening/Closing Title Music)
and Programme Item Identification Music (Stings)
Use of Sound Tapes
Overdubbing
Costume Fittings and Make-up
Doubling
Porterage/Hire of Instruments
Short items for inclusion in special programmes
Listings Programmes
Extracts from existing Audio-Visual Material
Commercial Audio Recordings
Compilations
Promotional Trailers
Rights Acquired
Further Use Acquisition
(Repeat Fees, Further Use Fees and Royalty)
Combined Use Fee
Travel and Subsistence
Punctuality
Use of Deputies
Payment of Musicians
Union Facilities
Disputes Procedure
Musician's Undertaking

3
3
3
3
3
4
4
6
7
8
8
9
11
11
11
11
12
13
14
14
15
16
16
16
17
21
24
24
24
25
25
25
26

APPENDIX A

ESTABLISHED SELF CONTAINED GROUPS

27

APPENDIX B

RATES FOR THE AUDIO-VISUAL RECORDING

OF PUBLIC PERFORMANCES

28

APPENDIX C

DUBBING COMMERCIAL AUDIO RECORDINGS

INTO TELEVISION PROGRAMMES

30

APPENDIX D

BACKING TRACKS AGREEMENT

32

APPENDIX E

CLAIMS FROM COLLECTING SOCIETIES

QUIT CLAUSE

34

APPENDIX F

UK LOW BUDGET FILM PROVISIONS

35

APPENDIX G

LIGHT ENTERTAINMENT SESSIONS

36

APPENDIX H

CONSENT FORM

38

MUSICIANS' UNION/PACT AGREEMENT

1. Preamble
An Agreement between on the one part the Musicians' Union, whose
registered office is at 60/62 Clapham Road, London SW9 0JJ and on the
other part The Producers Alliance for Cinema and Television (PACT)
whose registered office is at 3rd Floor, Fitzrovia House, 153-157 Cleveland
Street, London, W1T 6QW.
The text of this Agreement refers to the Musicians' Union as the Union; to
an individual musician engaged under the terms of this Agreement as the
Musician; and to members of PACT engaging musicians under the terms of
this Agreement as the Producer.
2. Date of Commencement and Duration of the Agreement
This Agreement is effective from 1st January 2010. This Agreement shall
continue until terminated by either party giving six months' notice in writing
of its termination such notice not to be given before 1st July 2010. Either
party may not give less than three months' notice to seek revision of the
terms and conditions, the three month period starting no earlier than the
day on which the party or parties are provided with written notification of the
revision.
3. Content of the Agreement
This Agreement sets forth the terms and conditions of engagement of
Musicians for the purpose of recording music both in sound only, and
simultaneously in sound and vision, and for the purpose of miming ('dummy
work'), in the production of single films and television programmes and
series of films and programmes by the Producer.
4. Engaging Musicians
Musicians shall only be engaged under this Agreement through Union
Approved Contractors, except that Musicians may be directly engaged by
the Producer under Established Self Contained Groups (Appendix A); Short
Items (18) and Listings Programmes (19).
5. Union Recognition
PACT recognises for the purposes of collective bargaining the Musicians'
Union as the sole representative organisation of Musicians and the Union
recognises PACT as the sole representative organisation for Independent
Producers.

6. Forms of Engagement
All engagements of Musicians shall be in accordance with the terms of this
Agreement, and payments due and uses acquired under such
engagements shall be recorded at the end of the engagement in the
Payment Voucher, a sample of which is appended to this Agreement in
Appendix G.
Payment Vouchers in electronic form can be obtained by Contractors from
the Musicians Union and by Producers from PACT.
The musician shall retain the original signed form, the production company
shall keep one copy and a further copy shall be sent to the Musicians
Union.
The fees payable as set out in this Agreement are minimum fees.
7. Basic Sound Recording Engagements
Payment of Basic Fees shall entitle the Producer to authorise primary uses
as detailed in Clause 24 (a). Further use fees shall be in accordance with
the Repeat Fees and/or Further Use Fees or a Royalty as specified in
Clause 25. As an alternative the Producer may apply the provisions of the
Combined Use Fee (Clause 26).
a. Recording Sessions
Engagements for music recording, both in or out of vision, shall be for a
minimum call of 3 hours, for which a minimum Basic Recording Fee of
165.00 shall be payable.
b. i. Extension of Recording Sessions
Sessions longer than 3 hours may be booked in advance on payment of
an additional 27.50 for each additional half hour as appropriate (3 and a
half hours, 4 hours etc.).
ii. Extensions of Recording sessions after a Break
An extension to the session may be pre-booked, to allow for a further 1
or 2 hours following a break of 30 minutes, these extra hours to be paid
at a rate of 55.00 per hour
c. Recording of Music
The Producer shall be entitled to record up to 20 minutes of the Musicians
performance during a 3 hour session and a further 3 minutes for each
additional half hour booked.

d. Separate Rehearsal Calls

(These can also be applied in conjunction with the Combined Use Fee
provision in Clause 26)
A Musician may be called separately to attend for rehearsals only i.e.
where no recording takes place. For a rehearsal call a Musician shall be
paid 55.00 for each hour of rehearsal.
Where rehearsals take place on a day where no recording takes place
then there shall be a minimum call of 3 hours. Where rehearsals take
place on a day where a recording does take place then there shall be a
minimum call of 2 hours providing that there is not more than a break of
one and a half hours between rehearsals and recording (otherwise this
will be subject to a 3 hour call).
This payment shall not be included for the purposes of calculating
Repeat or Further Use Fees.
e. Extension of Rehearsal Calls
Calls longer than 3 hours may be booked in advance on payment of an
additional 27.50 for each additional half hour as appropriate (3 and a
half hours, 4 hours etc.).
This payment shall not be included for the purposes of calculating
Repeat or Further Use Fees.
f. Call Periods and Breaks
The Musician shall be entitled to a break of 5 minutes for each hour or
part thereof called to be taken approximately half way through the call
period.
g. Overtime
A Musician required to work additional time beyond the time of the
original call period shall be entitled to an Overtime Fee at the rate of
16.50 per 15 minutes (or part thereof) of recording/rehearsing.
Overtime at the session shall be limited to a maximum of 1/2 hour, and
shall be subject to the agreement of the Musicians.

h. Unsocial Hours
Work on Declared Holidays and Unsocial Hours
Declared Holidays are days declared as Public Holidays by the United
Kingdom Government in the part of the United Kingdom in which the
work takes place.
Unsocial Hours shall be defined as work called before 8am or after
midnight
Rehearsal, Basic Recording and Overtime Fees payable to a Musician
required to work on a Declared Holiday or during Unsocial Hours shall
be subject to an additional fee of 100%.
NOTE: If Unsocial Hours worked fall within a Declared Holiday only
one additional fee will apply.
i. Multi-Part Light Entertainment Sessions
As an alternative to Clause 7 the Producer may apply the provisions of
Appendix G Clause 2.
8. Four out of Five Hours Session (Light Entertainment Programmes)
The performance may be transmitted live and/or simultaneously recorded,
or recorded for subsequent transmission.
a. Recording Sessions
Musicians may be engaged for a session not exceeding 4 hours which
may be spread over 5 hours (to permit an interval of one hour between
rehearsal and performance), to give a performance, in or out of vision,
which shall not exceed one hour in duration. The performance may be
live and/or simultaneously recorded, or recorded for subsequent
transmission.
Such sessions shall attract a fee of 165.00 per Musician.
b. Extension of Sessions
The session may be extended to provide performance time in excess of
one hour, on payment to each Musician of an additional fee at the rate of
16.50 for each additional 6 minutes or part thereof by which the session
is extended.
c. Additional Rehearsal
Musicians may be engaged for additional rehearsal time immediately
preceding the rehearsal included in the session, and shall be paid at a
rate of 12.00 per half hour or part thereof.
6

d. Selective Pre-recordings
The music of selected items may be pre-recorded in sound or vision
during a session, provided that the total length of the selected items
does not exceed 20 per cent of the scheduled transmission time of the
programme in which they are to be used and that the total period of time
for transmission and the recording of selected items does not exceed 60
minutes except as provided for under 4 out of 5 hour Sessions above.
An additional payment of 38.00 shall be made to each Musician in
respect of such selective pre-recordings where the recording is in sound
only.
In the event that the recording is visual that additional payment shall be
52.00 per Musician.
A recording of such a performance shall be continuous with only such
breaks as are necessary because of technical limitation, breakdown of
equipment, or artistic faults requiring to be remedied. The duration of any
such break shall be treated as rehearsal time or performance time as
appropriate.
e. Retakes
If a Musician is required to remain after the end of a session for the
purpose of correcting faults, he/she shall be paid as under 4 out of 5
hour Sessions as above, from the time the performance ends until
he/she is no longer required, except that, if a decision is taken within the
first ten minutes after the end of the performance that no retake is
necessary then no payment shall be made for the ten minute period.
f. Call Periods and Breaks
The Musician shall be entitled to a break of 5 minutes for each hour or
part thereof called to be taken approximately half way through the call
period.
No Unsocial Hours payments are due under this Clause.
g. Multi-Part Light Entertainment Sessions
As an alternative to Clause 8 the Producer may apply the provisions of
Appendix G Clause 1.
9. Regional Recording Engagements
Payment of a Nations and Regions recording fee at 75% of the fees given
in Clauses 7 and 8 shall be employed when a transmission is not broadcast
across 100% of the national television household.
7

10. Miming
a. Miming Engagements
Engagements for miming shall be for a minimum call of four hours and
up to a maximum call of eight hours exclusive of an unpaid meal break
of one hour. A minimum Fee of 22.00 per hour shall be paid to the
Musician.
A Musician may be required to mime to his/her own Performance, or to
another Musician's performance pre-recorded under Clause 7, 9 or 26,
subject to the original Musicians written permission being given to the
Producer or the Union.
NOTE: Where miming is to a commercial audio recording the terms of
Appendix D shall apply to the music. For clarification, where miming
is to a backing track cleared under the MU/BPI Agreement the terms
of Clause 8 (Four out of Five Hours Session) shall apply.
b. Overtime
A Musician required to work additional time beyond the end of the
original call period shall be entitled to Overtime Payments at the rate of
13.00 per 30 minutes (or part thereof). Additional working time beyond
the end of the original call time shall be subject to the agreement of the
Musician.
c. Work on Declared Holidays and Unsocial Hours
Provision for such work shall be the same as under Clause 7h.
d. Uses
In consideration of the Miming Fee, the Producer shall be entitled to
incorporate the Musician's visual performance into the film or
programme or series of films or programmes to which the engagement
relates. This miming fee constitutes a total buy-out in respect of the
visual performance.
11. Incidental Music - Multi-episodic Use
a. Incidental music recorded during a three hour session that is used in
more than one episode of a series or serial shall attract an additional
payment per Musician of 10% of total fees (excluding porterage) for each
additional episode in which it is used. The fee(s) shall acquire the rights as
detailed in Clause 24a.

b. Further uses can be acquired either:

i. in accordance with the Repeat Fees and/or Further Use Fees or a
Royalty as specified in Clause 25 OR
ii. as an alternative, the Producer may make an additional payment of
65% of total fees (excluding porterage) to acquire all rights in all
media throughout the world (excluding commercial audio recordings).
c. As an alternative to 11 a. and b. where the music for a series, mini-series
or serial is recorded on a session per single film or episode basis, the total
number of employment hours may be aggregated and the Producer may
apply the provisions of Clause 26, Combined Use Fee.
12. Signature Tunes, Opening/Closing Title Music and Stings (Programme
Item Identification Music)
a. Opening and Closing Music
Opening and Closing Music is music recorded for a single film or
programme, a series, mini-series or serial of nine or fewer episodes that
is not intended to be a returning series or serial. Opening and Closing
Music may be recorded during the incidental music sessions for the
programme or series.
b. Signature Tunes
Signature Tunes are opening music for factual and entertainment
programmes and for returning drama series.
The Producer will pay to each Musician one of the following Signature
Tune fees for each such three hour session:
i. 13 Episode Signature Tune Fee
A fee of 206.00 shall acquire the rights to incorporate the music into
13 episodes of the named series and the rights as detailed in Clause
24 a.; further uses can be acquired in accordance with the Repeat
Fees and/or Further Use Fees or a Royalty as specified in Clause 25.
As an alternative the Producer may pay a 13 Episode Combined Use
Fee of 381.00 and acquire the rights to incorporate the music into 13
episodes of the named series and the rights to use or to licence
others to use any or all of the relevant episodes in all media
throughout the world in perpetuity and to release the music on
commercial audio recordings.

ii. 2 Year Signature Tune Fee

A fee of 419.00 shall acquire the rights to incorporate the music into
unlimited episodes of the named series for a period of 2 years from
the date of the first United Kingdom transmission and the rights to use
or to licence others to use any or all of the relevant episodes in all
media throughout the world in perpetuity and to release the music on
commercial audio recordings.
iii. 5 Year Signature Tune Fee
A fee of 469.00 shall acquire the rights to incorporate the music into
unlimited episodes of the named series for a period of 5 years from
the date of the first United Kingdom transmission and the rights to use
or to licence others to use any or all of the relevant episodes in all
media throughout the world in perpetuity and to release the music on
commercial audio recordings.
Note: The limitation on years in ii. and iii. above are on the
incorporation of the music into further series not a restriction on
rights.
iv. Extension of Sessions
Signature Tune sessions may be extended to enable the recording of
the signature tune and/or programme item identification music to be
completed on payment to each Musician of an additional fee of 10%
of the relevant session fee for each additional 6 minutes or part
thereof by which the session is extended.
v. Extension of Licence Periods
The Producer shall have the right to incorporate the music into more
than 13 episodes, or for a further 2 or 5 years on payment of 100% of
the appropriate fee current at the time of use (excluding porterage).
c. Commercial Audio Recordings as Signature Tunes
When a commercial audio recording is used as a Signature Tune or as
Opening and Closing Music for four or more episodes any Musicians
whose performances are incorporated in the recording shall be recontracted for the Signature Tune use as provided for in b i.-iii., above,
as if it were a new recording. When the use is for less than four episodes
the provisions of Appendix C. shall apply.
d. Programme Item Identification Music (Stings)
Stings are short pieces of identifying music used repetitively in factual
and entertainment programmes and in to and out of advertising breaks.
Stings may be recorded during Signature Tune sessions.

10

13. Use of Sound Tapes

Sound tapes of music recorded under the terms of this agreement may be
used for rehearsal and any other purposes involved in the preparation or
production of the programme on payment to each Musician of a single fee
of 68.00.
This payment shall not however apply where the Musicians on the sound
tape (or their approved substitutes) are also engaged on the production in
the studio or on location when the tape is used nor where the Combined
Use Fee (Clause 26) or Multi-Part Entertainment Sessions (Appendix G)
has been applied.
14. Overdubbing
If a Musician overdubs his/her own performance within a Session, or is
called for a subsequent session on the same day for the purpose of such
overdubs, he/she shall be paid an additional 110% of total fees paid for the
Session (excluding porterage) for each overdub.
15. Costume Fittings and Make-up
Where a Musician is called to attend separately for costume fittings and
make-up a Fee of 40.00 per hour shall be paid subject to a minimum call
of 2 hours. Where a Musician is called to attend immediately prior to a
Sound Recording Session for costume fitting and make-up a Fee of 20.00
per hour shall be paid. This payment shall not be included for the purposes
of calculating Repeat or Further Use Fees under Clause 25.
16. Doubling (Performance on more than one instrument)
A Musician required to perform on more than one instrument shall receive
12% of total fees (excluding porterage) paid for each additional instrument
played.
Each of the following groupings count as one instrument:
a. Drums (bass-drum, snare drum, tom-tom, cymbals and the usual
small accessories);
b. Timpani (up to four);
c. Tuned (mallet) instruments (vibraphone, xylophone, marimba,
glockenspiel, tubular bells);
d. 'Latin American' instruments.
11

17. Porterage/Hire of Instruments

a. Porterage
The Producer shall pay the Musician for porterage in accordance with
individual agreement, but at rates not less than those set out below.
Instrument/s

Payment

chimes, drums, marimba, vibraphone,

xylophone, electric guitar, double bass

24.00

electric accordion, bass saxophone, tuba, cello;

17.00

(Limit, two or more instruments)

24.00

contra bassoon, bass clarinet, glockenspiel, baritone saxophone,

trombone plus one other brass instrument or mutes, french horn
plus one other brass instrument, two saxophones
11.00
harp, timpani, organ, electric piano,
drum kit, electric guitar plus one other instrument

To be negotiated
individually

Porterage payments for engagements

necessitating a round trip of 50 miles or more

To be negotiated
individually

These payments shall not be included for the purposes of calculating

Repeat or Further Use Fees under Clause 25.
b. Hire Charges
Where the Fees in a. above are paid there will be no separate hire
charge.
The Musician may be required by the Producer to hire an instrument or
instruments for the purpose of the engagement. The hire charge and any
other material terms including any porterage element involved shall be
agreed in advance between the Musician and the Producer or his/her
authorised representative, and payment or reimbursement to the
Musician of such shall be the responsibility of the Producer.

12

18. Short items for inclusion in special programmes

Musicians may be engaged on the basis set out below for a session, in or
out of the studio, to rehearse and record discontinuously, in sound or in
sound and vision, items from a production rehearsed and produced by
another organisation for inclusion in a magazine, news, documentary,
educational, religious, critical programme or a programme of a similar
nature.
Overtime is not permitted under this Short Items Clause.
a. Sessions
i. Session not exceeding 2 hours to record items up to 10 minutes in the
aggregate - payment of a fee of 90.00.
ii. Session not exceeding 1 hour to record items up to 5 minutes in the
aggregate - payment of a fee of 62.00.
Clause ii above can only be used when the Musicians are already
attending a paid performance or rehearsal called by the other
organisation.
b. Uses
The initial fee shall acquire the rights as detailed in Clause 24 a. and
further use fees shall be in accordance with the Repeat Fees and/or
Further Use Fees or a Royalty as specified in Clause 25.
As an alternative the Producer may make an additional payment of 65%
of total fees (excluding porterage) to acquire all rights in all media
throughout the world (excluding commercial audio recordings).
Use of extracts from pre-recorded audio-visual material is covered by
Clause 20 and Use of Commercial Audio Recordings by Appendix C.

13

19. Listings Programmes

Items may be recorded specifically for transmission in named programmes
either:
Under the terms of the Musicians' Union News Access Code of Practice
(no fees payable) where applicable and by prior agreement with the Union
OR
As promotional non simultaneous inserts whereby items may be recorded
specifically for transmission in regional listings programmes from
productions rehearsed and produced by other organisations, for which a
fee of 25 is payable if the item is first transmitted in any of the regional
listings programmes, provided that the total period of recording is not more
than 1 hour in duration in which an item of not more than 2 minutes is
produced for transmission. A fee of 50 will be paid if the item is first
included in a national listings programme. All further repeats will be paid at
60% of the original fee.
For items in excess of 2 minutes up to a maximum of 10 minutes the
Musicians must be engaged under the provisions of Clause 18 - Short
Items.
Further uses may be acquired in accordance with Clause 25.
20. Extracts from existing Audio-Visual Material
a. Illustrative use
The Producer may use extracts in new programmes which incorporate
Musicians performances in programmes taken from any source other than
advertisements. Each extract must not exceed 2 minutes in duration and
the total duration of extracts used in the programme must not exceed 6
minutes per 30 minute programme slot (e.g. for a 60 minute programme 12
minutes of extracts). See also High Content Use/Compilation Programmes
below.
Payments
Payment for use of extracts will be as follows:
i. Religious and Educational Programmes
(whether the extract is background/incidental to the action or the extract
is featured and the focus of the action)
83.00 per extract to be paid to the Musicians Unions Benevolent Fund.

14

ii. Any other programmes

a. Where the extract is background/incidental to the action
124.00 per extract, to be paid to the Musicians Union for distribution to
the Musicians.
b. Where the extract is featured and appears in full screen.
165.00 per extract to be paid to the Musicians Union for distribution to
the Musicians.
NOTE: When making payments to the Musicians Union the Producer
should identify the type of extract used. All fees are subject to VAT.
b. High Content Use
In cases where the use of extracts exceeds 6 minutes per 30 minute
programme slot length and the programme is not a compilation
programme - see below then the provisions of a. above will apply
subject to the following amendments:
i. A maximum of 1 extract in 5 may have a duration of up to 5 minutes
all other extracts shall not exceed 2 minutes each in duration and
ii. The payment per extract shall be 413.00 for each extract irrespective
of length.
c. Uses
On payment of the extract fees in a. and b. above the Producer shall be
entitled to incorporate the extract(s) into the programme and to acquire
use of the programme throughout the world in all media in perpetuity.
21. Commercial Audio Recordings
For the dubbing of commercial audio recordings into television programmes
please refer to Appendix C.
For the release of the music on a commercial audio recording, subject to
there being no contractual prohibitions in a Musicians' engagement, the
Producer will pay to a Musician (through the Musicians Union) an additional
fee for every 20 minutes (or part thereof) of recorded music incorporated in
the commercial audio recording and subject also to the consent of the
Musicians' Union having been obtained. The fee payable will be in
accordance with the BPI/MU Agreement.
NOTE: Where a Musician has been paid a Combined Use Fee under
Clause 26 there are no additional payments for the release on
commercial audio recordings.
15

22. Compilations
A Producer wishing to make a compilation programme i.e. a programme
substantially made up of extracts celebrating the work of an Artist or
Musician or an established group of Artists or Musicians or a known
production series shall make the following payments to each Musician:
15% of the Musicians original session fees (BBC, ITV or PACT) updated to
current rates for each of the programmes from which extracts incorporating
the Musicians performance are used.
The fee(s) shall acquire the rights as detailed in Clause 24 a. and further
use fees shall be in accordance with the Repeat Fees and/or Further Use
Fees or a Royalty as specified in Clause 25. Where however the Musician
was originally engaged under the Combined Use Fee and the 15% is
calculated on that fee then the rights shall be as detailed in Clause 26.
23. Promotional Uses
a. Music recorded in sound and/or vision at a session in the course of an
engagement under this Agreement may be used for promotional
purposes (including without limitation in electronic press kits, websites,
DVDs and videos) without further payment provided that such use does
not constitute secondary commercial exploitation.
b. The Producer will advise the Approved Contractor (Fixer) in advance
of any intention to film a session for the purposes set out in this clause.
c. A maximum of ten minutes of visual material may be used for the
purposes set out in this clause. If a Producer wishes to use more than 10
minutes visual material a request for additional minutage may be put to
the Union who will consider it in good faith.
d. Filming for the purposes set out in this clause shall normally take
place at one session only per film or programme. If a Producer wishes to
film at more than one session, a request for additional filming may be put
to the Union for which consent will not unreasonably be withheld.
24. Rights Acquired
In consideration of the fees as set out under Basic Sound Recordings
(Clause 7), Four out of Five Hour sessions (Clause 8), Incidental Music
(Clause 11), Short Items (Clause 18), Listings Programmes (Clause 19)
and Compilations (Clause 22), the Producer shall be entitled to incorporate
the Musician's performance into the film or television programme to which
the engagement relates and to use, or licence others to use, the film or
programme in such media and territories as listed below and as recorded in
the Payment Voucher.
For the Combined Use Fee - see Clause 26
16

a. Primary Uses
i. Worldwide non-Theatrical AND:
Where the Basic Recording Fee has been paid any one of the following:
ii. one Network terrestrial television transmission (BBC1, BBC2, ITV1,
Channel 4 - including S4C, five ) within the UK and Channel Islands
either simultaneous or non simultaneous
iii. UK All Other Television (i.e. All UK television other than BBC1, BBC2,
ITV1 or Channel 4 - (including S4C), five)
iv. Worldwide theatrical exhibition
v. Worldwide Television - excluding UK
vi. Worldwide videogram/DVD/DTO
vii Worldwide communication to the public by being made available on
demand paid for or free, by electronic transmission by wire or wireless
means, including but not limited to internet, wire, fibre, cable, satellite
and other telecommunications systems
Videogram/DVD
This shall mean any form of disc or cassette offered for sale or rental to the
general public for viewing in the home. For the avoidance of doubt this also
includes Download-To-Own (DTO). The above payment for video uses
encompasses the parties to this Agreements present assessment of
equitable remuneration in respect of the rental and lending right.
25. Further Use Acquisition (Repeat Fees, Further Use Fees and Royalty)
The Producer may acquire rights to use the performance additional to
those acquired in Clause 24 a. above on payment of
i. Repeat Fees and/or Further Use Fees as set out below as
percentages of the aggregate of session fees (excluding Rehearsal
Calls, Use of Sound Tapes, Costume Fittings and Make-up and
Porterage) in the Agreement between the Union and PACT in force at
the time of further use, or
ii. a Royalty - see c. below:
a. Repeats
UK Repeats on the Commissioning Broadcasters own Network/Regional
Terrestrial Channel or Regional broadcast area
17

i. Peak Time
For a further two network/nations and regions transmissions (BBC 1,
BBC2, ITV1, Channel 4 (including S4C), five), either simultaneous or
non simultaneous, on terrestrial television within the UK and Channel
Islands payable at the time of engagement - 25%
For one such Network/Nations and Regions transmission or where such
uses are not acquired at the time of engagement 15% for each repeat
transmission on UK Network television.
ii. Off-peak
a. Day Time Off-Peak hours
In cases where a repeat transmission is scheduled to commence in
accordance with the hours as listed below the repeat payment due to the
Musician shall be calculated at 50% of the peak time percentage for UK
repeats above:
Day Time

BBC1, ITV1, C4, 5

(including S4C)

All days incl. Public Holidays

09.25 - 15.59

BBC2
09.25-17.59

b. Night Time Off-Peak Hours

In cases where a repeat transmission is scheduled to commence in
accordance with the hours below the repeat payment due to the
Musician shall be calculated at 25% of the peak time percentage
stipulated above.
Night Time

All Channels

Monday to Friday
Saturday, Sunday, Public Holidays

22.30-09.24
23.00-09.24

iii. Educational provision

This special provision shall apply to schools and adult education
productions that are transmitted as part of the UK Network Broadcasters'
education service. Musicians must be engaged on a Network basis
whether the production is for regional or network transmission.
In consideration of payment of the Musicians session fee(s) the
Producer shall be entitled to non-theatric rights throughout the world and
two UK Network television transmissions. For each subsequent pair of
UK television transmissions purchased the Musician shall receive
payment of the relevant repeat fee detailed above (Peak and Off Peak).
18

In the event that a teachers preview is required the Musician shall

receive 25% of their relevant session fee for a transmission in day time
off-peak hours, 12.5% in night time off peak time hours and 50% should
this transmission occur in peak time hours. This use shall not be counted
as the first UK showing of the programme/series of programmes.
iv. Simultaneous Analogue/Digital Transmission
For the purposes of this agreement where a programme or film is
transmitted simultaneously on analogue and digital services it shall be
treated as one transmission.
b. Further Use Fees
Further Use Fees as set out below are percentages of the aggregate of
session fees (excluding Rehearsal Calls, Use of Sound Tapes, Costume
Fittings and Make-up and Porterage) in the Agreement between the
Union and PACT in force at the time of further use.
i. Where a use other than UK Network Terrestrial has been selected
under Clause 24 a. as the primary use, the first UK Network Terrestrial
transmission shall be payable at 40%. Each subsequent UK Network
Terrestrial transmission shall be payable at 15%.
ii. UK All Other Television (i.e. other than UK Network Terrestrial - BBC1,
BBC2, ITV1, Channel 4 (including S4C) and five)
- 15%
iii. Worldwide theatrical exhibition

- 40%

iv. Worldwide Television - excluding UK

- 25%

v. UK and European Videogram/DVD/DTO

- 10%

vi. Rest of the World Videogram/DVD/DTO

(outside of UK and Europe)

- 10%

vii Worldwide communication to the public by being made available on

demand paid for or free, by electronic transmission by wire or wireless
means, including but not limited to internet, wire, fibre, satellite and other
telecommunications systems
- 10%
In the event worldwide making available rights in clause (vii) above are not
acquired at the same time as the applicable primary use fee, but are
subsequently requested, the fee to acquire such rights shall be - 15%
NOTE: For Regional Recording Engagements (Clause 9), the further use
fees under (ii) to (vii) above must be based on the Basic Recording Fee in
force at the time of further use.

19

The above payment for video uses encompasses the parties to this
Agreements present assessment of equitable remuneration in respect of
the rental and lending right.
c. Multi-Media Royalty
For all sales/licensing of programmes or films made under this, and all
previous Agreements entered into by PACT and its predecessors for
uses not previously purchased and for which an additional payment is
due, (other than repeats on the Commissioning Broadcasters own UK
Network Terrestrial service), the Producer may, and as an alternative to
the fixed percentage payments detailed above,
i. use or permit the use of a recording of the Musician's performance in
the programme or film or series of programmes or films for which the
Musician was originally engaged in all or any media on payment of a
royalty on the basis set out in Clause ii. below.
ii. Payment of the royalty shall be on the following basis:
4% of gross receipts from programme sales divided between the
Musicians in proportion to their original session fees:
Except that
iii. For programmes involving only Musicians and not Equity Artists and
where the programmes consist of at least 40% of featured music then
the royalty payment shall be calculated on 17% of gross receipts divided
between Musicians in proportion to their original session fees.
iv. For programmes where the total of Musicians earnings exceeds those
of Equity Artists then a royalty calculated on 21% of gross receipts will
be divided between all the performers (Musicians and Equity Artists) in
proportion to their original earnings.

20

v. Agreed Note for Guidance:

Original Earnings of Musicians and Artists will include payments made
under the Musicians Union and Equity Agreements with PACT, but will
exclude:-repeat payments, further use payments and in the case of
programmes not originally transmitted in all ITV or BBC regional
transmission areas, subsequent payments for transmissions in other
transmission areas and payments intended to reimburse actual
expenditure incurred by an individual, including subsistence payments,
travel payments and Musicians' porterage payments.
vi. Accounting for Royalty Payments
Royalty payments to Musicians should be made no later than 28 days
after the following 2 six monthly accounting periods - January to June
and July to December - in which the relevant sales receipt was received,
except where the payment due to the Musician is less than 5 in which
case the amount will be carried forward to the following payment period.
The Producer acknowledges responsibility for ensuring that appropriate
royalty payments are made by him/herself or an appointed agent. In the
event that the Producer assigns the copyright in the programme to a
third party then he/she will ensure that a further clause to this effect is
included in the contract between the third party together with a clause
requiring the third party to incorporate such clauses in any future
arrangements.
Where a royalty is payable for video uses, this payment encompasses
the parties to this Agreements present assessment of equitable
remuneration in respect of the rental and lending right.
26. Combined Use Fee
This is not an alternative for the 4 out of 5 hour Session, Established SelfContained Groups, Short Items or Listings Programmes.
As an alternative to Clauses 7 and 9 (i.e. Basic/Regional Sound Recording
Engagements) the Producer may opt at the time of Engagement to pay the
Musician a Combined Use Fee as set out below, in consideration of which
the Producer shall be entitled to incorporate the Musician's performance
into the film or programme, and shall acquire all the rights and consents to
use and exploit or to licence others to use the performance in the film or
programme in all media and any mode of exploitation throughout the world
in perpetuity and to release the music on commercial audio recordings.
The above Fee is inclusive of payment for video uses and this
encompasses the parties to this Agreements present assessment of
equitable remuneration in respect of the rental and lending right.

21

The provisions of this clause may be applied to any single film or

programme and to any production of two or more episodes where the
provisions of Clause 11.c apply.
a. Recording sessions
Musicians to be contracted on an hourly basis. Engagements booked on
Scales 3 & 4 shall be subject to a minimum call of 3 hours; engagements
booked on Scales 1 & 2 shall be at a minimum call of 2 hours.
The hourly rate to be:
Scale 1: 2 hours - 36 hours
Scale 2: 37 hours - 350 hours
Scale 3: 351 hours - 800 hours
Scale 4: 801 hours or over

= 114.00 per hour

= 85.00 per hour
= 76.00 per hour
= 56.00 per hour

The total volume of all hours of employment for the film or programme
determines the scale to be applied (e.g. 30 musicians for two 4 hour
sessions = 30 x 2 x 4 or 240 hours of employment). For Low Budget Film
Provisions please refer to Appendix F.
b. Recording of Music
Amount of music to be based on 8 minutes per hour.
c. Rehearsals
i. A Musician may be called separately to attend for rehearsals only i.e.
where no recording takes place. For a rehearsal call a Musician shall be
paid 55.00 for each hour of rehearsal. Where rehearsals take place on
a day where no recording takes place then there shall be a minimum call
of 3 hours. Where rehearsals take place on a day where a recording
does take place on Scales 1 & 2, including low budget films, then there
shall be a minimum call of 2 hours providing that there is not more than a
break of one and a half hours between rehearsals and recording. Where
rehearsals take place on a day where a recording does take place on
Scales 3 & 4, excluding low budget films, then there shall be a minimum
call of 3 hours.
ii. Extension of Rehearsal Calls
Calls longer than 3 hours may be booked in advance on payment of an
additional 27.50 for each additional half hour as appropriate (3 and a
half hours, 4 hours etc.).

22

d. Doubling (Performance on more than one instrument)

A Musician required to perform on more than one instrument shall
receive 12% of total fees (excluding porterage) paid for each additional
instrument played. Each of the following groupings count as one
instrument:
i. Drums (bass-drum, snare drum, tom-tom, cymbals and the usual small
accessories);
ii. Timpani (up to four);
iii. Tuned (mallet) instruments (vibraphone, xylophone, marimba,
glockenspiel, tubular bells);
iv. 'Latin American' instruments.
e. Overdubbing
If a Musician overdubs his/her own performance within the Session, or is
called for a subsequent session on the same day for the purpose of such
overdubs, he/she shall be paid an additional 110% of total fees paid for
the session (excluding porterage) for each overdub.
f. Unsocial Hours
Work on Declared Holidays and Unsocial Hours
Declared Holidays are days declared as Public Holidays by the United
Kingdom Government in the part of the United Kingdom in which the
work takes place.
Unsocial hours shall be defined as work called before 8am or after
midnight.
Rehearsal, Recording and Overtime Fees payable to a Musician
required to work on a Declared Holiday or during Unsocial Hours shall
be subject to an additional fee of 100%.
NOTE: If Unsocial Hours worked fall within a Declared Holiday only
one additional fee will apply.
g. Overtime
Scale 1 = 34.00 per 15 min unit
Scale 2 = 26.00 per 15 min unit
Scale 3 = 23.00 per 15 min unit
Scale 4 = 17.00 per 15 min unit

23

h. Extension to Sessions
Additional working time beyond the end of the original call period shall
be unlimited, but subject to the agreement of the Musician.
i. Call Periods and breaks
To be based on 5 minutes per hour called.
NOTE: The Combined Use Fee only allows for exploitation of the
music synchronised into the production for which the Musician was
originally engaged. Provision for use of Extracts from existing audiovisual material is in Clause 20.
Any use of the sound recording only other than as provided for in this
Clause shall be subject to separate negotiation with the Musicians
Union.
For example this Agreement does not allow for the use of the music in
Radio (except for commercial audio recordings licensed by
Phonographic Performance Limited), nor does it allow segments of
the complete film or programme to be used as Music Videos to
promote a commercial audio recording. Payment for the use of the
music incorporated into a Music Video shall be in accordance with the
MU/BPI Agreement.
27. Travel and Subsistence
Where a Musician's normal place of work is the Greater London Area, the
Producer shall pay fares by ordinary public transport to and from all
engagements in studios or locations beyond a twenty-five mile radius from
Charing Cross. Where a Musician's normal place of work is outside the
Greater London Area the Producer shall provide, or pay for, reasonable
transport as that provided to members of other Unions in similar
circumstances.
When work on location attracts payment for travelling/subsistence to
members of other Unions, payment on a similar basis shall be made to the
Musicians involved.
28. Punctuality
The Musician shall be available and ready to commence his/her
performance at the starting time for each call period as notified.

24

29. Use of Deputies

A Musician may only invite another Musician to deputise for him/her in
carrying out an engagement by express prior agreement with the Producer,
or his/her authorised representative.
30. Payment of Musicians
Unless otherwise agreed in advance with an Official of the Union, payment
shall be made to the Musician by cash, cheque or BACS transfer on the
day of the final session in any period of consecutive recording by the
Musician.
If agreed in advance with an Official of the Union the Approved Contractor
may pay the Musician by cheque at his/her final session, his/her total fees
less any overtime and/or doubling arising on the final day. Any overtime
and/or doubling arising on the final day shall be paid to the Musician within
21 days of the final session.
31. Union Facilities
The Producer shall offer reasonable facilities for the accredited
representatives of the Union to visit members of the Union in studios,
places of rehearsal, and any other locations at which they may be
engaged.
32. Disputes Procedure
In the event of a dispute arising from the operation of this Agreement the
following procedure shall apply:
a. There shall be a meeting between the appropriate representatives of
the Union and Producer;
b. In the event of a failure to agree at the above meeting a further
meeting shall be held between senior representatives of the Union and
of the Producer to seek to resolve the dispute;
c. In the event of a failure to agree at the above meeting, a further
meeting shall be held between representatives of the Union and PACT.
d. In the event of a failure to agree at the above meeting consideration
shall be given to conciliation or arbitration in a form mutually to be
agreed or to a reference to the Advisory Conciliation and Arbitration
Services (ACAS);
e. It is expressly agreed and understood that this disputes procedure
does not constitute a contractual obligation for the parties to this
Agreement or parties covered by this Agreement to follow, and it is
25

included to help to regulate and settle any difficulties and disputes that
may arise in the spirit and intention of maintaining good relations
between the parties to the Agreement.
33. Musician's Undertaking
The Musician shall carry out all reasonable instructions given by the
Producer or his/her authorised representative.

26

APPENDIX A
ESTABLISHED SELF CONTAINED GROUPS
Recording Fees are applicable to the primary uses detailed in Clause 24a.
Payment of a Nations and Regions recording fee at 75% of the fees below
shall be employed when a transmission is not broadcast across 100% of the
national television household.
Established Self Contained Groups shall be defined as those groups who
have a
recognised existence prior to the occasion on which they are engaged, and
who present their own act, working in the field of pop, rock, jazz, folk and
similar music, where the performance is predominantly instrumental.
1. Engagements
For Musicians forming part of an Established Self Contained Group as
above, each Musician shall be engaged for a fee of 204.00 inclusive of
doubling and porterage. The engagement shall consist of a session
consisting of 4 hours work, in sound and/or vision, spread over a 12 hour
period, in any one day, during which an aggregate of up to one hour's
performance may take place which may be either transmitted live, or
recorded continuously or discontinuously for subsequent transmission.
2. Extension to Engagements
Sessions longer than 4 hours may be booked in advance on payment of
25.00 for each additional half hour as appropriate (4 and a half hours, 5
hours etc.). An extension to the session may be pre-booked, to allow for a
further 1 or 2 hours following a break of 30 minutes, these extra hours to be
paid at a rate of 50.00 per hour.
3. Additional Performance
The session may be extended to provide performance time in excess of
one hour, on payment to each Musician of an additional fee of 10% of the
relevant Recording or Regional Recording Fee for each additional 6
minutes or part thereof by which the session is extended.
4. Uses
The fee(s) shall acquire the rights as detailed in Clause 24 a. and further
use fees shall be in accordance with the Repeat Fees and/or Further Use
Fees or a Royalty as specified in Clause 25.

27

APPENDIX B
RATES FOR THE AUDIO-VISUAL RECORDING OF PUBLIC
PERFORMANCES INVOLVING A MINIMUM OF 30 MUSICIANS (OTHER
THAN PRE-EXISTING CHAMBER AND JAZZ ENSEMBLES WHERE THE
NUMBER OF MUSICIANS SHALL BE UNLIMITED) BY INDEPENDENT
PRODUCTION COMPANIES.
FOR THE LIVE OR DEFERRED TRANSMISSION OF A PUBLIC
PERFORMANCE OF UP TO 3 HOURS DURATION, MUSICIANS IN OR
OUT OF VISION.
1. Combined Use Fee
Rate per Musician - 200 per hour or part thereof, from the commencement
to the finish of filming/recording.
Overtime can commence after 2 hours.
This overtime to be paid at a rate of 60 for every 15 minutes or part
thereof (maximum overtime 30 minutes).
2. Limited Use Fee
Rate per Musician- 100 per hour or part thereof, from the commencement
to the finish of filming/recording, minimum 2 hour payment.
Overtime can commence after 2 hours.
This overtime to be paid at a rate of 30 for every 15 minutes or part
thereof (maximum overtime 30 minutes).
3. Patching Sessions
Patching may take place during a scheduled 3 hour rehearsal or repeat
performance.
Rate per Musician - 100 for a 3 hour period.
Where a session is called specifically for the purpose of patching, rate per
Musician - 134 for a 3 hour period.
Patching may also take place following a performance. Time booked will be
paid at performance filming/recording rates.
NOTE: Doubling, Unsocial Hours, porterage, travelling payments etc.
not applicable, these will be paid under the terms of the live concert
engagement.
28

4. Uses
a. Limited Use Fee
For Primary and Further Use Fee Acquisition see Main Agreement
Clause 24.a and 25.
b. Combined Use Fee
On payment of the Combined Use Fee the Producer shall be entitled to
incorporate the Musicians performance into a film or programme and
shall acquire the right to use or to licence others to use, the film or
programme in all media throughout the world in perpetuity, excluding
commercial audio recordings.
NOTE: The Combined Use Fee only allows for exploitation of the
music synchronised into the production for which the Musician was
originally engaged. Provision for use of Extracts from existing audiovisual material is in Clause 20.
Any further use of the sound recording shall be subject to separate
negotiation with the Musicians Union.

29

APPENDIX C
AGREEMENT BETWEEN THE PRODUCER AND THE MUSICIANS' UNION
on Dubbing Commercial Audio Recordings into Television Programmes
1. Both parties acknowledge that the Agreement is intended to regularise the
practice of dubbing of commercial audio recordings into television
programmes. It is not intended to facilitate an increase in the practice.
2. This Agreement concerns the use of recordings made under terms and
conditions agreed between the Union and BPI on behalf of their members.
3. This Agreement recognises that the incorporation of such recordings into
audio-visual recordings necessitates consent by or on behalf of the
performers concerned.
4. The Musicians' Union acting on behalf of its members agrees, subject to
the provisions in Clause 6 and 7, to the dubbing of commercial audio
recordings into television programmes for all purposes and all sales or
licences of those programmes throughout the World in all media. Such
programmes must be agreed with the Musicians' Union prior to the dubbing of
commercial audio recordings into these programmes.
5. The Musicians' Union confirms to the Producer that it is able to act on
behalf of those of its members who have performed recording engagements
under the conditions negotiated between the Musicians' Union and the BPI in
this respect and to give consent on their behalf to the dubbing of commercial
audio recordings into television programmes and for their subsequent use and
that, so far as may be necessary, this Agreement constitutes written
permission on behalf of the members of the Musicians' Union in accordance
with the Copyright, Designs and Patents Act 1988.
6. The Producer will not use commercial audio recordings:
a. to provide featured music in substitution for the normal music part of a
programme.
b. to accompany any choreographed dance, e.g. as an accompaniment to
a ballet.
c. where according to established practice, Musicians might reasonably
expect to be engaged.
7. For the purpose of this Agreement, featured music will be deemed to
exclude
a. early recordings of prominent artists, where the identity of the artist or
artists is an essential or significant element in the programme.
b. where the plot of a drama, etc. has music being played by a mechanical
device.
30

c. commercial audio recordings used in actuality programmes, e.g. in

discos, aerobics, etc.
8. Commercial audio recordings shall not be used to provide sound tracks for
miming or other performances by artistes, except to such an extent and
subject to conditions as are contained in Appendix D - Backing Tracks.
9. Exceptions to the principles in items 6 and 7 above, may be agreed
between the Musicians' Union and the Producer concerned, for example, in
respect of featured music, where a specific recording is an essential or
significant element in creating the authenticity of period atmosphere and the
Union will normally agree to payment of a session fee to each musician for
use of commercial audio recordings as signature tunes in television
programmes.
10. In consideration of the rights granted in Clause 4 of this Appendix and the
indemnity given in Clause 5, the Producer shall pay to the Musicians' Union
Employment Creation Fund a fee of 20.00 per 30 seconds or part thereof
(plus VAT) of a commercial audio recording included in any programme.
Multiple cues of the same recording within the same programme may be
aggregated.
11. Where a Producer wishes to use a commercial audio recording in a
Feature Film the Producer shall pay the appropriate Combined Use Fee
(Clause 26) to each Musician whose performance was incorporated in the
commercial audio recording.

31

APPENDIX D
BACKING TRACKS AGREEMENT
(Tracks taken from Commercial Audio Recordings)
1. As from September 1st 1996 record companies were given the ability to
acquire the rights to backing track usage in television programmes under the
MU/BPI Agreement. Where the record company has not acquired this usage
then the Producer will observe the following:
a. The programmes to which this Agreement shall apply are those as may
be agreed from time to time between the Union and the Producer. The
Producer must obtain in advance specific Union approval in respect of each
Backing Track.
b. Where a recording is used as a Backing Track as agreed by the Union,
all fees to be paid through the Union. Where the Producer is unable to
provide individual cheques for each Musician, the Union shall be entitled to
charge an administration fee.
c. No performer shall mime to the performance of another musician except
where substitution consent has been given by the Musician on the track.
This is subject to verification by the Musicians Union.
d. Nothing herein contained shall oblige the Producer or a record company
to use a recording for the purpose of incorporation into a programme and it
shall remain the option of the Producer to produce a Backing Track for
such purposes.
2. Procedure
a. Where the record company has effected clearance:
The Producer should get written confirmation from the record company to
this effect and the Producer will notify the Union as soon as possible of
such backing track usage. The Musicians Union has a comprehensive
record of which backing tracks have been bought-out so Producers are
advised to contact the Union as soon as they know there will be backing
track usage in the programme (regardless of whether or not these tracks
are eventually used in the programme).
Whilst every effort will be made to notify the Union in advance of the
transmission of the programme, where this is not possible the Union will
still be informed as soon as practicable.
b. Where the record company has not effected this clearance:
The Producer should ask the record company to provide the details of all
Musicians whose performances are included on the track. Each Musician
shall be paid a Basic Recording Fee of 165.00 for the use of the recording
as a backing track.
32

3. Appearance in Studio
Where Musicians are engaged to mime/perform to a backing track, they will
be paid in accordance with the 4 out of 5 hour session rate (Basic
Recording Fee or a Regional Recording Fee Clause 8 or 10), subject to
Clause 1.c above where appropriate.
4. Uses
The fee(s) shall acquire the rights as detailed in Clause 24 a and further
use fees shall be in accordance with the Further Use Fees or a Royalty as
specified in Clause 25.

33

APPENDIX E
CLAIMS FROM COLLECTING SOCIETIES QUIT CLAUSE
Where in respect of performances contracted in accordance with this
Agreement the Artist is entitled by law to receive from domestic or foreign
collecting societies equitable remuneration or other forms of income additional
to that arising under this Agreement nothing in this Agreement shall prevent
the Artist from laying claim thereto. The Artist shall not be obliged to account
to the Producer for any such income to which the Artist is entitled.
For the avoidance of doubt, unless specified elsewhere in this Agreement, the
Artist shall not be entitled to any equitable remuneration or other forms of
income which the Producer is entitled to receive whether as a producer and
/or broadcaster or otherwise from domestic or foreign collecting societies, and
the Producer shall not be obliged to the Artist for any such income.
Such income includes but is not limited to equitable remuneration in respect of
the off air recording right, the cable retransmission right, blank tape levies or
machine levies the lending right and rental right and any other right from time
to time provided for by the law of any jurisdiction.
The Artist will make no claim against the Producer that shall arise from any
failure by the Artist or any organisation that may represent the Artist to enter
into any agreements with collecting societies or any failure on the part of such
a society to make any payment to the Artist.
The Producer is authorised to disclose all necessary information about the
Artist to a relevant collecting society so as to assist such collecting society to
identify those entitled to receive the money it collects.

34

APPENDIX F
LOW BUDGET FILM PROVISIONS
1. If a Film has a budgeted cost equal or less than the current UK Film
Council low budget guidelines (20 million at date of issue), and a minimum of
37 hours of musicians engagements are contracted, then the Producer may
engage the Musicians under the provisions of Clause 26 Combined Use Fee
at the Scale 4 hourly rate for a minimum 3 hour session.
2. If a Film has a budgeted cost of 5million or less, then the Producer may
engage any Musicians under the provisions of Clause 26 Combined Use Fee
at the Scale 4 hourly rate for a minimum 3 hour session. If due to budgetary
constraints the Producer wishes to call the Musicians for a minimum 2 hour
session the Producer should approach the Union and the Union will give full
and fair consideration to such a request.
3. If a UK Domestic Film has a budgeted cost equal or less than the current
UK Film Council low budget guidelines (20 million at date of issue), and
qualifies for UK Tax Credit, then the Producer may engage the Musicians
under the provisions of Clause 26 Combined Use Fee at the hourly rate of
53.00 for a minimum 3 hour session.
4. The hourly rate shall entitle the Producer to all the rights contained within
the provisions of Clause 26 and no further payment will be due to the
Musicians
5. These provisions will be applicable provided the Producer has supplied to
the Musicians Union, in writing prior to the first proposed musical session, a
copy of the budget summary sheet of the film or if a Registered Low Budget
British Film a copy of the registration document or other, equivalent proof of
budget level, signed by a qualified accountant.
6. Union Approved Contractors should notify the Musicians Union Media
Department of the total hours of musicians engagements for each film.

35

APPENDIX G
MULTI-PART LIGHT ENTERTAINMENT SESSIONS
1. 8-Hour Programme Session (6.5 hours out of 8)
The performance may be transmitted live, and/or as a multi-part each part
continuous Entertainment programme (i.e. one main show followed by one
results or follow-up show pertaining to the main show, to be shown on the
same day or consecutive days).
a. Recording Session
Musicians may be engaged for a session not exceeding 6 and a half hours
which may be spread over 8 hours, to rehearse and give a performance
(performing and taking part in transmission/recording), in or out of vision,
which shall not exceed two hours in duration.
Such sessions shall attract a minimum fee of 625.00 per musician.
b. Extension of Sessions
Sessions longer than 8 hours may be booked in advance on payment of an
additional 40.00 per hour (or part thereof) for the first two hours and an
additional 55.00 per hour (or part thereof) for any additional hours thereafter.
c. Additional Performance Time
The Producer shall be entitled to additional performance time at a rate of
10.00 per 6 minutes (or part thereof).
d. Call Periods and Breaks
The Musician shall be entitled to a break of 1 hour immediately prior to main
transmission/recording of the programme, a further 30 minutes immediately
prior to the results or follow-up show and additionally 5 minutes per hour as
the production schedule allows.
e. Overtime
A Musician required to work additional time beyond the time of the original call
period shall be entitled to an Overtime Fee at the rate of 19.80 per 6 minutes
(or part thereof) of recording/rehearsing.
f. Loss of Break
A Musician required to work additional time that causes them to receive less
breaks than as provided for in d. shall be entitled to a Loss of Break Fee at
the rate of 19.80 per 6 minutes (or part thereof). Loss of Break shall be
subject to the agreement of the musicians.
36

2. 4 Hour Session
a. Recording Sessions
Engagements for music recording, both in or out of vision, shall be for a
minimum call of 4 hours, for which a minimum Recording Fee of 500.00
shall be payable.
b. Extension of Recording Sessions
Sessions longer than 4 hours may be booked in advance on payment of
an additional 62.50 per half hour as appropriate (4 and a half hours, 5
hours etc.).
c. Recording of Music
The Producer shall be entitled to record up to 25 minutes of the
Musicians performance during a 4 hour session and a further 3 minutes
per for each additional half hour booked.
d. Call Periods and Breaks
The Musician shall be entitled to a break of 5 minutes for each hour or
part thereof called as the production schedule allows.
e. Overtime
A musician required to work additional time beyond the time of the
original call period shall be entitled to an Overtime Fee at the rate of
37.50 per 15 minutes (or part thereof) of recording/rehearsing.
Overtime at the session shall be limited to a maximum of 1/2 hour and
shall be subject to the agreement of the musicians.
3. Rights
On payment of the fees above the Producer shall be entitled to
incorporate the Musician's performance into the programme and shall
acquire all the rights and consents to use and exploit or to licence others
to use the performance in the programme in all media and any mode of
exploitation throughout the world in perpetuity excluding Theatrical and
Commercial Audio rights.
The above fees also allow for spin-offs and retrospective clips across the
series and use of the recordings for personal appearances related to the
named production series only. For the avoidance of doubt this does not
allow for recordings to be used as backing tracks to accompany live
performances.

37

MUSICIANS' PAYMENT VOUCHER

Production Company

Type of Session

Production Title

Date(s)

Place of Session

Number of Sessions

Uses Bought
Mr/Mrs/Miss/Ms
('print' full name)

(Referred to below as 'Musician')

FEE(S):
Fee per session/hour

ADDITIONAL FEES:
Overtime @

per

Doubling

session @ 12 % x

Overdubbing: No of overdubs

mins x
@ 110% of fee(s)

units

Sub Total

Further Use Payment (Clause 25) if applicable

Description
Percentage payments

Sub Total

%=

(based on total of session fees and additional fees above)

Porterage/Equipment hire or fares

Others (Use of Sound Tapes, Miming etc)

Sub Total

VAT @ 20.00

TOTAL :

Signature of Company or Music Department Representative

I hereby give my consents as required by the Copyright Designs and Patents Act 1988 for the original recording of any
performance and for such reproduction and use of any recorded performances as are permitted by the agreements prevailing
at the time of the reproduction and use between the Musicians' Union and the Producers Alliance for Cinema and Television.
I agree to my engagement upon the terms stated above, all of which I agree to observe.
I agree that my engagement is subject to the conditions set out in the notes below.

Received in settlement of all services to date:

Signature of the Musician

Address
Instrument

NOTES:

MU Number

PID

1. Voucher must be completed by the Company or Music Department Representative to cover all sessions in
a continuous period of engagement before payment is made.
2. This Voucher must not be altered in any way otherwise it will be considered invalid and payment will be
suspended until details are verified.
3. Original copy to be retained by the Musician, one copy to be retained by the Production Company and one
copy must be sent to the Musicians Union.