Common use of AUTHORITY OF THE ORCHESTRA COMMITTEE Clause in Contracts

AUTHORITY OF THE ORCHESTRA COMMITTEE. A. The Orchestra Committee shall have the following authority under this Agreement: 1. On an annual basis, agree to additional capture for news and promotion purposes beyond that allowed in VIII.A. below. 2. On an annual basis, agree to terms and conditions for audio and audio- visual capture for archives or for future use or broadcast. 3. On a project basis, agree to terms and conditions for audio and audio- visual projects as set forth in Article X (Multi-Platform Release) below. 4. Subject to the Employer obtaining the prior written approval of the Federation, on a project basis, the Orchestra Committee may agree to the terms and conditions applicable to any electronic media activity (not just radio and television) that is distributed only within the jurisdiction of the Local (e.g. closed- circuit distribution, password-protected digital content, live simulcast or taped replay in other local facilities, etc.). 5. Other authority as set forth in this Agreement. B. By mutual agreement of the Musicians and the Employer, the authority of the Orchestra Committee may be exercised during the term of this Agreement by a Local Oversight Committee, Media Oversight Committee or other committee, if that committee was in existence and functioning prior to the effective date of this Agreement. Mutual agreement to this procedure shall be signified by the execution of a side letter to this Agreement in the form prescribed by the Federation. C. With the prior written approval of the Orchestra Committee on a project or annual basis, the Employer may make audio or audio-visual recordings of rehearsals and performances available to conductors, composers, soloists, and Musicians for their Private Use (archival use, personal study, auditions and grant applications). The Employer may also provide the Music Director and Musicians of the Orchestra with access to a stream (no downloads or other formats) of such recordings via a password- protected digital portal for personal study purposes only. As indicated in Article VI.C., the Employer will require any individual who is authorized by the Employer to receive a copy of and/or digital access to any such audio or audio-visual recordings, to sign a Private Use agreement with the Employer, in the standard form in Exhibit C of this Agreement, warranting that: 1. The individual will not sell, license, copy or distribute the recording in any physical or digital format or use the recording for any purpose other than the approved “Private Use;” and 2. Should any such recording ever be utilized for any other purpose, including but not limited to demonstration or marketing of services or product by any group or individual, local or national broadcast, phonograph records, internet streaming or downloading, promotional spots or commercial announcements, theatrical or commercial exhibition, or background music for any type of sound or film program, the individual shall enter into and fulfill all conditions required by the appropriate Federation agreement including, but not limited to, the payment of prevailing wages and allied fringe benefits outlined therein. NEWS, PROMOTION AND DONOR GIFTS

AUTHORITY OF THE ORCHESTRA COMMITTEE. A. The Orchestra Committee shall have the following authority under this Agreement: 1. On an annual basis, agree to additional capture for news and promotion purposes beyond that allowed in VIII.A. below. 2. On an annual basis, agree to terms and conditions for audio and audio- visual capture for archives or for future use or broadcast. 3. On a project basis, agree to terms and conditions for audio and audio- visual projects as set forth in Article X (Multi-Platform Release) below. 4. Subject to the Employer obtaining the prior written approval of the Federation, on a project basis, the Orchestra Committee may agree to the terms and conditions applicable to any electronic media activity (not just radio and television) that is distributed only within the jurisdiction of the Local (e.g. closed- closed-circuit distribution, password-protected digital content, live simulcast or taped replay in other local facilities, etc.). 5. On an annual or project basis, agree to allow simultaneous live-streaming (no on-demand streaming) of a live performance to any patron who has purchased a ticket to attend the performance in person but is unable to attend. Such live-stream is to be made available to the ticket buyer through the means of a single-use access code or other technology that protects against unauthorized access to the live-stream. The live-stream must remain within the ownership and control of the Employer. Any archiving of the stream or further use is subject to the other provisions of this Agreement. 6. Other authority as set forth in this Agreement. B. By mutual agreement of the Musicians and the Employer, the authority of the Orchestra Committee may be exercised during the term of this Agreement by a Local Oversight Committee, Media Oversight Committee or other committee, if that committee was in existence and functioning prior to the effective date of this Agreement. Mutual agreement to this procedure shall be signified by the execution of a side letter to this Agreement in the form prescribed by the Federation. C. With the prior written approval of the Orchestra Committee on a project or annual basis, the Employer may make audio or audio-visual recordings of rehearsals and performances available to conductors, composers, soloists, dancers, choreographers, stage/set designers, stage directors and Musicians for their Private Use (archival use, personal study, auditions and grant applications)) and to an opera company or ballet company that subcontracts services from, or to a chorus that performs with, a symphonic Employer for that institution’s archival, study and grant application uses. The Employer may also provide the Music Director and Musicians of the Orchestra with access to a stream (no downloads or other formats) of such recordings via a password- password-protected digital portal for personal study purposes only. As indicated in Article VI.C., the Employer will require any individual who is or entity authorized by the Employer to receive a copy of and/or digital access to any such audio or audio-visual recordings, to sign a Private Use agreement with the Employer, in the standard form in Exhibit C of this Agreement, warranting that: 1. The individual or entity will not sell, license, copy or distribute the recording in any physical or digital format or use the recording for any purpose other than the approved “Private Use;” and 2. Should any such recording ever be utilized for any other purpose, including but not limited to demonstration or marketing of services or product by any group or individual, local or national broadcast, phonograph records, internet streaming or downloading, promotional spots or commercial announcements, theatrical or commercial exhibition, or background music for any type of sound or film program, the individual or entity shall enter into and fulfill all conditions required by the appropriate Federation agreement including, but not limited to, the payment of prevailing wages and allied fringe benefits outlined therein. NEWS, PROMOTION AND DONOR GIFTS