Common use of Fifteen Percent (15%) Discount for Certain Sound Tracks Clause in Contracts

Fifteen Percent (15%) Discount for Certain Sound Tracks. The Producer or its Licensee is entitled to a fifteen percent (15%) discount from the rates in subparagraph (a)(1) above (payments due on release) for sound track records which: (i) use 45 minutes or more of music originally recorded for the motion picture; and (ii) utilize 80 or more musicians (excluding orchestrators and music preparation musicians) for whom payment is due under this Article 8C., provided that the following conditions are met: (1) The following logo or credit must be provided on the jacket or other packaging accompanying the record: (i) The AFM logo or credit to “American Federation of Musicians.” (ii) The instrumental musicians who performed on the largest recording session from which a cue is extracted for the sound track record must be credited by name and instrument (the largest session is the one utilizing the most musicians; if more than one has the identical “largest” number, the Producer or its Licensee will identify from which session the credits will be determined). Such musicians may be grouped by instrumental categories. (iii) The Leader/Conductor, Orchestra Manager, Orchestrator(s), Librarian, and Music Prep Service/Supervising Copyist must be credited by name and position. (iv) Any inadvertent error or omission with regard to credits required under subparagraphs (ii) and (iii) above will not be deemed a violation of this Article 8C. provided that the Producer or its Licensee has made a reasonable effort to comply with those provisions. (2) An “organization name credit” that has been approved by the AFM must be placed on the front or back cover in a type size that is not less than fifty percent (50%) of the type size used for the composer credit unless no applicable organization name credit exists; provided that the entity that owns the organization name has agreed to hold harmless and indemnify the Producer and/or its Licensee from and against any action arising out of the authorized use of such organization names. (3) The Producer or its Licensee must provide the AFM with 75 copies of the commercially released sound track record as soon as practicable upon its release. (4) If the Producer or its Licensee fails to satisfy any of the foregoing requirements, the special rates in this Article 8C.

Fifteen Percent (15%) Discount for Certain Sound Tracks. The Producer or its Licensee is entitled to a fifteen percent (15%) discount from the rates in subparagraph (a)(1) above (payments due on release) for sound track records which: (i) use 45 minutes or more of music originally recorded for the motion picture; and (ii) utilize * A chart summarizing various sound track record requirements and options, including those in subparagraphs (a), (b) and (c) of this Article 8C., is found at Exhibit C of this Agreement. ** Producers shall not be obligated to make any Health Plan payments. 80 or more musicians (excluding orchestrators and music preparation musicians) for whom payment is due under this Article 8C., provided that the following conditions are met: (1) The following logo or credit must be provided on the jacket or other packaging accompanying the record: (i) The AFM logo or credit to “American Federation of Musicians.” (ii) The instrumental musicians who performed on the largest recording session from which a cue is extracted for the sound track record must be credited by name and instrument (the largest session is the one utilizing the most musicians; if more than one has the identical “largest” number, the Producer or its Licensee will identify from which session the credits will be determined). Such musicians may be grouped by instrumental categories. (iii) The Leader/Conductor, Orchestra Manager, Orchestrator(s), Librarian, and Music Prep Service/Supervising Copyist must be credited by name and position. (iv) Any inadvertent error or omission with regard to credits required under subparagraphs (ii) and (iii) above will not be deemed a violation of this Article 8C. provided that the Producer or its Licensee has made a reasonable effort to comply with those provisions. (2) An “organization name credit” that has been approved by the AFM must be placed on the front or back cover in a type size that is not less than fifty percent (50%) of the type size used for the composer credit unless no applicable organization name credit exists; provided that the entity that owns the organization name has agreed to hold harmless and indemnify the Producer and/or its Licensee from and against any action arising out of the authorized use of such organization names. (3) The Producer or its Licensee must provide the AFM with 75 copies of the commercially released sound track record as soon as practicable upon its release. (4) If the Producer or its Licensee fails to satisfy any of the foregoing requirements, the special rates in this Article 8C.

Fifteen Percent (15%) Discount for Certain Sound Tracks. The Producer or its Licensee is entitled to a fifteen percent (15%) discount from the rates in subparagraph (a)(1) above (payments due on release) for sound track records which: (i) use 45 minutes or more of music originally recorded for the motion picture; and (ii) utilize 80 or more musicians (excluding orchestrators and music preparation musicians) for whom payment is due under this Article 8C., provided that the following conditions are met: (1) The following logo or credit must be provided on the jacket or other packaging accompanying the record: (i) The AFM logo or credit to “American Federation of Musicians.” (ii) The instrumental musicians who performed on the largest recording session from which a cue is extracted for the sound ** Producers shall not be obligated to make any Health Plan payments. track record must be credited by name and instrument (the largest session is the one utilizing the most musicians; if more than one has the identical “largest” number, the Producer or its Licensee will identify from which session the credits will be determined). Such musicians may be grouped by instrumental categories. (iii) The Leader/Conductor, Orchestra Manager, Orchestrator(s), Librarian, and Music Prep Service/Supervising Copyist must be credited by name and position. (iv) Any inadvertent error or omission with regard to credits required under subparagraphs (ii) and (iii) above will not be deemed a violation of this Article 8C. provided that the Producer or its Licensee has made a reasonable effort to comply with those provisions. (2) An “organization name credit” that has been approved by the AFM must be placed on the front or back cover in a type size that is not less than fifty percent (50%) of the type size used for the composer credit unless no applicable organization name credit exists; provided that the entity that owns the organization name has agreed to hold harmless and indemnify the Producer and/or its Licensee from and against any action arising out of the authorized use of such organization names. (3) The Producer or its Licensee must provide the AFM with 75 copies of the commercially released sound track record as soon as practicable upon its release. (4) If the Producer or its Licensee fails to satisfy any of the foregoing requirements, the special rates in this Article 8C.