Performers’ FAQFAQ Perfformwyr

 

About the FAQ

(Last updated December 1st,2012)

Please feel free to use the comments below to suggest other FAQ’s

• The following FAQ’s have been prepared to try and answer the questions we think you might want to ask with regard to our Terms and Conditions of Engagement.
• Nothing in the FAQ is meant as advice or interpretation of any agreement that we ask you to sign and should not be taken as such. The Specific Terms and General Terms prevail in all cases where there is inconsistency with the FAQ.
• If there is any part of the agreement either in the General Terms or in due course the Specific Terms attached to any Engagement Offer that you are unsure about we would advise you to seek independent legal advice.

FAQ

What am I signing up to with regard to Media Rights in the General Terms?

 

• By accepting the General Terms and on receipt of a supplementary fee as detailed in the General Terms the Ensemble will be buying the performing rights outright and in perpetuity for the recording of your performance both audiovisual and audio.  We will always do our best to tell you in our schedule when a recording is likely to happen.
• It is worth mentioning that in this agreement, performers will always receive an extra payment whenever we set up a video camera or microphone in a session regardless as to whether we use the recording or not.

Can I ask for restrictions on the use of parts of a recording of my performance?

 

• On rare occasions a performer may wish to request restrictions on the use of a specific part of a recording E.g. in the event of an uncharacteristic or untypical slip of significance
• Ultimately the decision will be the Ensemble’s. This is because occasionally a decision may be governed by factors outside our control.  However when this is the case we will try and tell you in advance.
• In many cases we foresee that there will be a certain amount of flexibility possible. Where you make such a request and we are in a position to do so we will work with you to identify the section(s) that you are seeking restriction on and then look at our options.  Options range from restricting its future use through to anonymising your role in it. e.g. taking your name off the recording.
• We fully understand where these are concerns and sensitivities and will work sympathetically with you. It is worth saying that it would not be in the Ensemble’s interest to make available a recording that shows the Ensemble’s performers and thus the Ensemble in a poor light.

What if I would like to have a copy of a recording?

 We are in favour of the principle of performers using our recordings to promote themselves. We believe this could help both Ensemble and performers alike.

• One way under consideration is to create a licence which would enable you to use recordings that we put online and in which you are involved.
• Performers’ comments on this area in our proposed review in April 2013 will be welcome.

How will you be involving the Unions and other industry bodies?

 Ensemble Cymru has no formal relationship with any union or industry body in this agreement. As a courtesy and in good faith we communicated The General Terms to the Musicians’ Union (MU) and the Association of British Orchestras (ABO) of which Ensemble Cymru is a member.   We have responded positively to observations from the MU and made some amendments to the Agreement.

Are the fees comparable with any industry agreements?

• Our intent in this agreement is not to undercut fees in standard industry agreements such as the Association British Orchestras / Musicians’ Union agreement (Category II) or BPI / Musicians’ Union Agreement to name but two.
• We believe that where our terms do not match industry standards they exceed them in many respects where a comparison is possible.

How will these fees compare with previous fees paid by the Ensemble?

• Our intent was to make the fees either comparable or greater than fees previously paid. We have worked to create something straightforward for performers to understand and for staff to implement. The biggest benefit to performers will be a consistent approach to fees.

What happens if I don’t sign?

• We hope of course that this will not be the case. However the Ensemble will not be able to offer you engagements if you decline to sign up to its General Terms.

How do I give feedback and comments once I’ve signed up?

• What we have valued in the past is the direct discussion with each individual performer. We want to be open and transparent about how we engage with you. As in the past if a performer has observations or constructive comments then we will welcome them.
• Please send comments direct to the Artistic Director, Peryn Clement-Evans peryn@ensemblecymru.co.uk.
• If you wish to discuss something in particular then you would be welcome to call Peryn on 07817 721 250.

Am I obliged, by signing the General Terms, to accept all offers of engagement from Ensemble Cymru?

• No – by signing up to its General Terms you are not obliged to accept engagements from the Ensemble. You will be able, in the usual way, to consider each offer of engagement according to your circumstances at that time.   However if you accept an offer of an engagement you and Ensemble Cymru will be bound by the General Terms.

Why the use of the word Contractor?

• The General Terms were written with the knowledge that through it we will be engaging the services of both musicians and non-musicians; performers and non-performers. The word Contractor serves to accommodate all these possibilities and it is for this reason only that we use it.

Can I withdraw from the agreement at a later stage?

• Yes you can withdraw at any time. Please let us know by giving written notification.

What about a Welsh language version?

 

• A Welsh language version of this agreement is currently being translated and will be published once available. Ymddiheuriadau am yr anghyfleustra.

How will this benefit the Ensemble and Performers?

• We will have the confidence to use recordings to promote what we do online knowing that we have a clear agreement with you that enables us to do so. Better promotion should mean increased number in our audience which is good for the Ensemble, performers and the future of chamber music.
• Because we will have agreed terms and conditions in advance with you it will help us improve our approach, in terms of clarity and efficiency, to our customers (promoters etc.), funders and partners. Having happy customers, funders and partners means more work in the future for the Ensemble which means more work for performers.
• We know how frustrating it can be for performers on occasion when held dates are confirmed late. We believe this is an important step in improving this process for you.

 The Contracting Process: How will it work?

•  Following a successful trial, Ensemble Cymru has now adopted a process whereby both Ensemble and Performer sign agreements with electronic signatures.

STAGE 1 – Ensemble’s Invitation to register as one of its Performers

• A performer will be invited by email to either sign or decline the Ensemble’s General Terms. This email will be from EchoSign. Please add echosign@echosign.com to your address book or safe list. Adobe Echosign is a widely used service by an internationally recognised company.

STAGE 2 – Performer’s Response to the invitation

• The performer will accept or decline an invitation by following the instructions in the email. The Ensemble is notified by EchoSign of the performer’s response.
• In the case of the performer’s acceptance  a pdf (readable by Acrobat Reader) will be immediately sent to the performer to print out or store on his or her computer.

STAGE 3 – Offer of Engagements

• Ensemble Cymru will only be able to offer Engagements to musicians who have registered and accepted the General Terms.
•  When the Ensemble is ready to firm up fees and dates (usually these are already on hold in the Performer’s diary), it will send a shorter specific agreement to sign, with an engagement schedule and fee particulars.
• The musician will sign an Engagement Agreement which the Ensemble will subsequently countersign. 
• Again we will use EchoSign as above to do this.

OPTIONAL: Confirmation Signatures

• The Ensemble may ask performers at the time of the engagement to sign agreements by hand that they have previously made by electronic signature by way of confirmation.

 

 

About the FAQ

Thanks to everyone who gave us your time to give initial feedback on the FAQ. Please feel free to use the comments below to suggest other FAQ’s

• The following FAQ’s have been prepared to try and answer the questions we think you might want to ask with regard to our Terms and Conditions of Engagement.
• Nothing in the FAQ is meant as advice or interpretation of any agreement that we ask you to sign and should not be taken as such. The Specific Terms and General Terms prevail in all cases where there is inconsistency with the FAQ.
• If there is any part of the agreement either in the General Terms or in due course the Specific Terms attached to any Engagement Offer that you are unsure about we would advise you to seek independent legal advice.

FAQ

What am I signing up to with regard to Media Rights in the General Terms?

 

• By accepting the General Terms and on receipt of a supplementary fee as detailed in the General Terms the Ensemble will be buying the performing rights outright and in perpetuity for the recording of your performance both audiovisual and audio. e.g. the proposed Peter and the Wolf recording. We will always do our best to tell you in our schedule when a recording is likely to happen.
• It is worth mentioning that in this agreement, performers will always receive an extra payment whenever we set up a video camera or microphone in a session regardless as to whether we use the recording or not.

Can I ask for restrictions on the use of parts of a recording of my performance?

 

• On rare occasions a performer may wish to request restrictions on the use of a specific part of a recording E.g. in the event of an uncharacteristic or untypical slip of significance
• Ultimately the decision will be the Ensemble’s. This is because occasionally a decision may be governed by factors outside our control. However when this is the case we will try and tell you in advance.
• In many cases we foresee that there will be a certain amount of flexibility possible. Where you make such a request and we are in a position to do so we will work with you to identify the section(s) that you are seeking restriction on and then look at our options from restricting its future use to anonymising it. e.g. taking your name off the recording.
• We fully understand where these are concerns and sensitivities and will work sympathetically with you. It is worth saying that it would not be in the Ensemble’s interest to make available a recording that shows the Ensemble’s performers and thus the Ensemble in a poor light.

What if I would like to have a copy of a recording?

 

• We are in favour of the principle of performers using our recordings to promote themselves. We believe this could help both Ensemble and performers alike.
• One way under consideration is to create a licence which would enable you to use recordings that we put online and in which you are involved.
• Performers’ comments on this area in our proposed review in April 2013 will be welcome.

How will you be involving the Unions and other industry bodies?

 

• Ensemble Cymru has no formal relationship with any union or industry body in this agreement. As a courtesy and in good faith we have communicated The General Terms to the Musicians’ Union and the Association of British Orchestras.
• We will be open to hearing constructive views from industry bodies over the coming period. These will be given consideration as part of the trustees’ review in April 2013.

Are the fees comparable with any industry agreements?

 

• Our intent in this agreement is not to undercut fees in standard industry agreements such as the Association British Orchestras / Musicians’ Union agreement (Category II) or BPI / Musicians’ Union Agreement to name but two.
• We believe that where our fees do not match industry standards they exceed them where a comparison is possible.

How will these fees compare with previous fees paid by the Ensemble?

 

• Our intent was to make the fees either comparable or greater than fees previously paid. We have worked to create something straightforward for performers to understand and for staff to implement. The biggest benefit to performers will be a consistent approach to fees.

What happens if I don’t sign?

 

• We hope of course that this will not be the case. However the Ensemble will not be able to offer you engagements if you decline to sign up to its General Terms.

How do I give feedback and comments once I’ve signed up?

 

• What we have valued in the past is the direct discussion with each individual performer. We want to be open and transparent about how we engage with you. As in the past if a performer has observations or constructive comments then we will welcome them.
• Please send comments direct to the Artistic Director, Peryn Clement-Evans peryn@ensemblecymru.co.uk.
• If you wish to discuss something in particular then you would be welcome to call Peryn on 07817 721 250.

Am I obliged, by signing the General Terms, to accept all offers of engagement from Ensemble Cymru?

 

• No – by signing up to its General Terms you are not obliged to accept engagements from the Ensemble. You will be able, in the usual way, to consider each offer of engagement according to your circumstances at that time. However if you accept an offer of an engagement you and Ensemble Cymru will be bound by the General Terms.

Why the use of the word Contractor?

 

• The General Terms were written with the knowledge that through it we will be engaging the services of both musicians and non-musicians; performers and non-performers. The word Contractor serves to accommodate all these possibilities and it is for this reason only that we use it.

Can I withdraw from the agreement at a later stage?

 

• Yes you can withdraw at any time. Please let us know by giving written notification.

What about a Welsh language version?

 

• A Welsh language version of this agreement is currently being translated and will be published once available. Ymddiheuriadau am yr anghyfleustra.

How will this benefit the Ensemble and Performers?

 

• We will have the confidence to use recordings to promote what we do online knowing that we have a clear agreement with you that enables us to do so. Better promotion should mean increased number in our audience which is good for the Ensemble, performers and the future of chamber music.
• Because we will have agreed terms and conditions in advance with you it will help us improve our approach, in terms of clarity and efficiency, to our customers (promoters etc.), funders and partners. Having happy customers, funders and partners means more work in the future for the Ensemble which means more work for performers.
• We know how frustrating it can be for performers on occasion when held dates are confirmed late. We believe this is an important step in improving this process for you.

IMPORTANT: The Contracting Process: How will it work?

 

• Ensemble Cymru will trial a process whereby both Ensemble and Performer sign agreements with electronic signatures.

STAGE 1 – Ensemble’s Invitation to register as one of its Performers

• A performer will be invited by email to either sign or decline the Ensemble’s General Terms. This email will be from EchoSign. Please add echosign@echosign.com to your address book or safe list. Adobe Echosign is a widely used service by an internationally recognised company.

STAGE 2 – Performer’s Response to the invitation

• The performer will accept or decline an invitation by following the instructions in the email. The Ensemble is notified by EchoSign of the performer’s response.
• In the case of the performer’s acceptance the Ensemble will countersign the agreement and in doing so the contract will be binding on both performer and Ensemble. A pdf (readable by Acrobat Reader) will be immediately sent to the performer to print out or store on his or her computer.

STAGE 3 – Offer of Engagements

• For Performers who have registered and accepted the General Terms the Ensemble will be able to offer them Engagements. When the Ensemble is ready to firm up fees and dates (usually these are already on hold in the Performer’s diary), it will send a shorter specific agreement to sign, with an engagement schedule and fee particulars in the form of an offer.
• Again we will use EchoSign as above to do this.

OPTIONAL: Confirmation Signatures

• The Ensemble may ask performers at the time of the engagement to sign agreements by hand that they have previously made by electronic signature by way of confirmation.