N.M. Admin. Code § 5.5.51.7

Current through Register Vol. 35, No. 17, September 10, 2024

Section 5.5.51.7 - DEFINITIONS

For use in this part, the following definitions apply.

A."Above-the-line" is a film and television industry term derived from where the money is budgeted for creative talent, writers, directors and producers. This term means job positions that are associated with the creative or financial control of a film or multimedia project, generally not the technical aspects.

B."Below-the-line" is a film and television industry term derived from where the money is budgeted for technical crew that shall work on a film or multimedia project as well as for costs related to the studio, equipment, travel, and location. In regards to job positions, this term means technical crew that does not have direct creative or financial control of the project nor receive residuals.

C."Company" means the company that either is or creates a temporary film, multimedia and digital media production company to produce one film, multimedia and digital media product, as it applies to FCAP for physical production or a company that is permanently based in New Mexico with full-time employees and creates film, multimedia and digital media production products.

D."Craft" means the specialized area or department in which a film technician works.

E."Crew" means the employees hired by a company to complete a film or multimedia project(s).

F."Deal memo" means the film industry contract that defines the exact terms of a crew member's employment including but not limited to position title and pay rate.

G."Digital media company" refers to a company engaged in the business of producing digital media intended for:

(i.) film, special effects, holography, computer vision, virtual reality, television, and online web based production;

(ii.) video game production and immersive or augmented reality industries;

(iii.) aiding in education, defense, disaster relief, medical, health care, or scientific visualization.

H."Emerging media" includes, but is not limited to:

(i.) video game industries that develop technology and content intended for online-multiplayer, console, mobile, and social environments;

(ii.) immersive and augmented reality industries focused on the display of imagery and information in three dimensional and holographic form, video-mapping, multi-touch surfaces, and other forms of advanced visualization;

(iii.) the design of new platforms and display environments for data and information visualization of social, medical, scientific and industrial information through the use of creative computing; and

(iv.) the production of images using special effects, and software developed for the exclusive use of a special effects production company, as approved by the New Mexico film division. Emerging media does not include: software development designed and developed primarily for internal or operational purposes of the digital media production company; however, this exclusion does not apply to software developed for the exclusive use of a New Mexico company producing images using special effects where the software makes the company uniquely competitive; nor

(v.) largely static Internet sites designed to provide information about a person, business, company, or firm.

I."FCAP" means film crew advancement program.

J."Film" for this program means work on a film or television production.

K."Film or television credit" for this program means work on a film or television production for more than one week which was not a student film, internship, unpaid position, documentary, commercial, nor on a project where the budget was under five hundred thousand dollars ($500,000.00) and the company did not participate in this program.

L."Film technician" means a crew member working in a below-the-line job position who often is a member of an international alliance of theater and stage employee (IATSE) film union or guild.

M."General safety certified" means a crew member has completed a class or course that meets Occupational Safety and Health Administration standards for general safety associated with working on a film and multimedia project.

N."JTIP" means job training incentive program.

O."Intern" means a trainee who is enrolled in, or has graduated within the past twelve months from a post-secondary training or academic program as it relates to the film, television and emerging media and meets the FCAP for qualifying permanent emerging media and digital media company eligibility requirements. The intern is a student or trainee who is supervised and monitored in order to learn a new skill set or while investing practical applications of academically learned skill sets.

P."Non-union" means the job position is not in the contractual jurisdiction of a film union or film guild.

Q."Mentor" means the go-to person for questions and direction or the supervisor of a program participant and has a stronger skill set in relation to the job position in which that participant was hired.

R."NM" means New Mexico.

S."Open hours" means a trainee that qualified for FCAP during a production did not use all 1,040 hours available. Hours that remain are considered "open" and may be used for that job position on another production upon qualification.

T."On-the-job training" means gaining experience in a hired position increasing job opportunities for continual employment in the film and multimedia industry.

U."Payroll report" means the report generated from a payroll company hired by the company to act as the crew's payment agent for the film and multimedia project.

V."Physical production" means companies that produce a project or series on location or at a temporary location.

W."Principal photography" means the cameras have started filming and the majority of preparation for a film and multimedia project has been completed; call sheets are now issued to crew members and production reports are completed daily.

X."Production" means the film or multimedia project preparation, principal photography and set break down periods while creating a film or television project.

Y."Reserve component members" refers to a New Mexico member who served in the army, naval, marine corps, air force and coast guard reserves and the national and air national guard of the United States.

Z."Resident" means an individual who is domiciled in New Mexico. This domicile is the individual's permanent home; it is a place to which the individual intends to return after any temporary absence. An individual shall have only one domicile. A change in domicile is established only by establishing a physical presence in a new location with intent to abandon the old domicile and make a home in the new location permanently or indefinitely.

AA."Salaries" means wages or the hourly pay rate for hours physically worked by trainee during a production.

BB."Trainee" means an applicant that shall be learning a new skill set or graduating to a higher job classification through FCAP and is synonymous with the term "program participant" or "crew member".

CC."Veterans" means a New Mexico resident who is registered with the New Mexico workforce connection, and who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable.

DD."Wages" means the hourly pay rate for hours physically worked by trainee during production. It does not include film payments to trainees such as kit rental, holiday pay, travel time, mileage reimbursements, or any payment to employee due to penalties incurred by company during production of the project.

N.M. Admin. Code § 5.5.51.7

5.5.51.7 NMAC - Rp, 5.5.51.7 NMAC, 6-30-2014, Amended by New Mexico Register, Volume XXVI, Issue 12, June 30, 2015, eff. 6/30/2015, Adopted by New Mexico Register, Volume XXVII, Issue 12, June 30, 2016, eff. 6/30/2016