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ARTICLE
1
APPLICATION
1.1 This
Agreement is acknowledged by both parties to be within the
exclusive jurisdiction of the London Musicians' Association,
Local 279 of the American Federation of Musicians of the United
States and Canada (hereinafter referred to as the "LMA").
In the event where Rogers Television, Cable 13 a division
of Rogers Cable Inc.; a wholly owned subsidiary of Rogers
Communications Inc (hereinafter referred to as "Rogers
Television, Cable 13") engages Members of the AFM, the
provisions of this Agreement shall apply.
1.2 This
Agreement relates only to Local Broadcast Engagements and
to video recording processes as presently known. No other
use shall be made without the expressed written permission
of the LMA.
ARTICLE 2
DEFINITION
OF TERMS
2.1 Prime
Engager: is the engager where the primary function of
the performance is defined by mutual agreement between the
engager and the Member(s).
2.2 Minimum
Basic Fee: means the minimum fee payable under the terms
of this Agreement to a Member for services rendered as provided
herein,
2.3 Member:
means a Member in good standing of the American Federation
of Musicians of the United States and Canada.
2.4 Local
Broadcast Engagement: means an engagement for Rogers Television,
Cable 13 in which a performance is presented, or is intended
to be presented over the facilities of that station, and is
not relayed or transmitted by any means outside the Coverage
Area of that station.
2.5 Coverage
Area: means the cities and communities of London, St.
Thomas, Strathroy, Tillsonburg and Woodstock.
2.6 Re-use:
means any subsequent presentation of a recorded or videotaped
performance of a Local Broadcast Engagement which is in the
same format, on the same medium of telecommunication, and
for the same Coverage Area as that of the first use.
2.7 New
Use: means any subsequent presentation, transmission,
production or distribution of a previously recorded or videotaped
performance of a Local Broadcast Engagement in a different
format, on a different medium of telecommunication or for
a Coverage Area other than which was authorized for first
use and Re-use within the specific terms of this Agreement
and the appropriate engagement contract.
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