Common use of News Access Clause in Contracts

News Access. 1. News items which include the musical performances of musicians may be recorded under the terms of this code of practice without the further agreement of the MU or those it represents. 2. Such news items may only be “communicated to the public” (as defined under the Copyright Designs and Patents Act 1988 (as amended) (“the Act”) at section 20) in news bulletins and/or arts and music magazine/listings programmes, and may not be communicated to the public in general magazine, documentary or any other type of programme, without the musicians’ written consent and the payment of a fee to be agreed with the MU. 3. The broadcaster/production company filming the news item shall ensure that all recording of the musicians’ performances shall be completed within one hour of commencement of filming. 4. The maximum duration of recorded performance that may be communicated to the public in one news item shall be: (i) one minute of featured music (i.e. not background or otherwise incidental), and/or (ii) one minute of non-featured music (i.e. heard in the background of an interview or under a voice over) In the event the duration of the recorded performance communicated to the public in one news item exceeds these time limits then the broadcaster/production company shall pay the musicians a fee to be agreed with the MU. 5. Nothing in this code of practice shall prevent any musician requesting the broadcaster/ production company not to record his or her performance and the broadcaster/production company shall not record a musician who has made such a request. 6. The broadcaster/production company shall ensure the musicians are not called upon to exceed the duties for which they are contracted and are not directed to alter their performance or repeat it for the purpose of retakes for the recording of the news item. 7. News items made hereunder must be first communicated to the public within eight days of the recording date, unless the prior written agreement of the MU is obtained, but thereafter may be communicated to the public throughout the world in perpetuity for the purposes of reporting the news and/or as archived news items. 8. Provided news item recordings are made and used strictly in accordance with this code of practice, the MU agrees on behalf of those it represents not to require any written consents to be obtained from or further fees to be paid to the musicians. 9. Save as set out in this code of practice, nothing shall restrict the rights of performers and/or the MU under the Act or otherwise.

Appears in 2 contracts

Samples: Freelance Orchestral Agreement, Freelance Orchestral Agreement

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News Access. 1. News Musicians engaged under this Agreement will permit a broadcaster/production company to record sections of rehearsal and performance in sound and vision or in sound only for no additional fee in order to produce news items which include the musical performances of musicians may be recorded under the terms of this code of practice without the further agreement of the MU or those it represents.following terms: 2. Such news a) News items may only be “communicated to the public” ([as defined under the Copyright Designs and Patents Act 1988 Xxx 0000 (as amended) (“the Act”) at section 20) ] in news bulletins and/or arts and music magazine/listings programmes, and b) News items may not be communicated to the public in general magazine, documentary or any other type of programme, without the musicians’ written consent and the payment . When this occurs it will attract media points in accordance with clause 1 of a fee to be agreed with the MUAppendix 1. 3. c) The broadcaster/production company filming recording the news item shall ensure that all recording of the musicians’ performances shall be completed within one hour of commencement of filmingrecording. 4. d) The maximum duration of recorded performance that may be communicated to the public in one news item shall be: (i) one minute of featured music (i.e. not background or otherwise incidental), and/or (ii) one minute of non-featured music (i.e. heard in the background of an interview or under a voice over) e) In the event the duration of the recorded performance communicated to the public in one news item exceeds these time limits then it will either attract media points in accordance with clause 1 of Appendix 1 or the broadcaster/production company shall pay the musicians a fee to be agreed with the MU. 5. Nothing in this code of practice shall prevent any f) The musician requesting may request the broadcaster/ broadcaster/production company not to record his or her performance and the broadcaster/production company shall not record a musician who has made such a request. 6. g) The broadcaster/production company shall ensure the musicians are not called upon to exceed the duties for which they are contracted and are not directed to alter their performance or repeat it for the purpose of retakes for the recording of the news item. 7. h) News items made hereunder under these terms must be first communicated to the public within eight days of the recording date, unless the prior written agreement of the MU is obtained, but thereafter may be communicated to the public throughout the world in perpetuity for the purposes of reporting the news and/or as archived news items. 8. i) Provided news item recordings are made and used strictly in accordance with this code of practice, the MU agrees on behalf of those it represents not to require any written consents to be obtained from or further fees to be paid to the musicians. 9. j) Save as set out in this code of practiceunder these terms, nothing shall restrict the rights of performers and/or the MU under the Act or otherwise.

Appears in 1 contract

Samples: Freelance Engagement Agreement

News Access. 1. 4.1 News items which include the musical performances of musicians Musicians may be recorded under the terms of this code of practice agreement without the further agreement of the MU or those it represents. 2. 4.2 Such news items may only be “communicated to the public” (as defined under the Copyright Designs and Patents Act 1988 (as amended) (“the Act”) at section 20) in news bulletins and/or arts and music magazine/listings programmes, and may not be communicated to the public in general magazine, documentary or any other type of programme, without the musiciansMusicians’ written consent and the payment of a fee to be agreed with the MU. 3. 4.3 The broadcaster/production company filming the news item shall ensure that all recording of the musiciansMusicians’ performances shall be completed within one hour of commencement of filming. 4. 4.4 The maximum duration of recorded performance that may be communicated to the public in one news item shall be: (ia) one minute of featured music (i.e. not background or otherwise incidental), and/or (iib) one minute of non-featured music (i.e. heard in the background of an interview or under a voice over) In the event the duration of the recorded performance communicated to the public in one news item exceeds these time limits then the broadcaster/production company shall pay the musicians Musicians a fee to be agreed with the MU. 5. Nothing in this code of practice shall prevent any musician requesting the broadcaster/ production company not to record his or her performance and the broadcaster/production company shall not record a musician who has made such a request. 6. 4.5 The broadcaster/production company shall ensure the musicians Musicians are not called upon to exceed the duties for which they are contracted and are not directed to alter their performance or repeat it for the purpose of retakes for the recording of the news item. 7. News items made hereunder must be first communicated to the public within eight days of the recording date, unless the prior written agreement of the MU is obtained, but thereafter may be communicated to the public throughout the world in perpetuity for the purposes of reporting the news and/or as archived news items. 8. 4.6 Provided news item recordings are made and used strictly in accordance with this code of practiceagreement, the MU agrees on behalf of those it represents not to require any written consents to be obtained from or further fees to be paid to the musiciansMusicians. 9. 4.7 Save as set out in this code of practiceabove, nothing shall restrict the rights of performers and/or the MU under the Act or otherwise.

Appears in 1 contract

Samples: Mu House Agreement

News Access. 1. 4.1 News items which include the musical performances of musicians may be recorded under the terms of this code of practice agreement without the further agreement of the MU or those it represents. 2. 4.2 Such news items may only be “communicated to the public” (as defined under the Copyright Designs and Patents Act 1988 (as amended) (“the Act”) at section 20) in news bulletins and/or arts and music magazine/listings programmes, and may not be communicated to the public in general magazine, documentary or any other type of programme, without the musicians’ written consent and the payment of a fee to be agreed with the MU. 3. 4.3 The broadcaster/production company filming the news item shall ensure that all recording of the musicians’ performances shall be completed within one hour of commencement of filming. 4. 4.4 The maximum duration of recorded performance that may be communicated to the public in one news item shall be: (ia) one minute of featured music (i.e. not background or otherwise incidental), and/or (iib) one minute of non-featured music (i.e. heard in the background of an interview or under a voice over) In the event the duration of the recorded performance communicated to the public in one news item exceeds these time limits then the broadcaster/production company shall pay the musicians a fee to be agreed with the MU. 5. Nothing in this code of practice shall prevent any musician requesting the broadcaster/ production company not to record his or her performance and the broadcaster/production company shall not record a musician who has made such a request. 6. 4.5 The broadcaster/production company shall ensure the musicians are not called upon to exceed the duties for which they are contracted and are not directed to alter their performance or repeat it for the purpose of retakes for the recording of the news item. 7. News items made hereunder must be first communicated to the public within eight days of the recording date, unless the prior written agreement of the MU is obtained, but thereafter may be communicated to the public throughout the world in perpetuity for the purposes of reporting the news and/or as archived news items. 8. 4.6 Provided news item recordings are made and used strictly in accordance with this code of practiceagreement, the MU agrees on behalf of those it represents not to require any written consents to be obtained from or further fees to be paid to the musicians. 9. 4.7 Save as set out in this code of practiceabove, nothing shall restrict the rights of performers and/or the MU under the Act or otherwise.

Appears in 1 contract

Samples: Minimum Terms and Conditions Agreement

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News Access. 1. a. News items which include the musical performances of musicians may be recorded under the terms of this code of practice without the further agreement of the MU or those it represents. 2. b. Such news items may only be “communicated to the public” (as defined under the Copyright Designs and Patents Act 1988 Xxx 0000 (as amended) (“the Act”) at section 20) in news bulletins and/or arts and music magazine/listings programmes, and may not be communicated to the public in general magazine, documentary or any other type of programme, without the musicians’ written consent and the payment of a fee to be agreed with the MU. 3. c. The broadcaster/production company filming the news item shall ensure that all recording of the musicians’ performances shall be completed within one hour of commencement of filming. 4. d. The maximum duration of recorded performance that may be communicated to the public in one news item shall be: (i) one minute of featured music (i.e. not background or otherwise incidental), and/or (ii) one minute of non-featured music (i.e. heard in the background of an interview or under a voice over) In the event the duration of the recorded performance communicated to the public in one news item exceeds these time limits then the broadcaster/production company shall pay the musicians a fee to be agreed with the MU. 5. e. Nothing in this code of practice shall prevent any musician requesting the broadcaster/ production company not to record his or her performance and the broadcaster/production company shall not record a musician who has made such a request. 6. f. The broadcaster/production company shall ensure the musicians are not called upon to exceed the duties for which they are contracted and are not directed to alter their performance or repeat it for the purpose of retakes for the recording of the news item. 7. g. News items made hereunder must be first communicated to the public within eight days of the recording date, unless the prior written agreement of the MU is obtained, but thereafter may be communicated to the public throughout the world in perpetuity for the purposes of reporting the news and/or as archived news items. 8. h. Provided news item recordings are made and used strictly in accordance with this code of practice, the MU agrees on behalf of those it represents not to require any written consents to be obtained from or further fees to be paid to the musicians. 9. i. Save as set out in this code of practice, nothing shall restrict the rights of performers and/or the MU under the Act or otherwise.

Appears in 1 contract

Samples: Standard Contract

News Access. 1. News items which include the musical performances of musicians may be recorded under the terms of this code of practice without the further agreement of the MU or those it represents. 2. Such news items may only be “communicated to the public” (as defined under the Copyright Designs and Patents Act 1988 Xxx 0000 (as amended) (“the Act”) at section 20) in news bulletins and/or arts and music magazine/listings programmes, and may not be communicated to the public in general magazine, documentary or any other type of programme, without the musicians’ written consent and the payment of a fee to be agreed with the MU. 3. The broadcaster/production company filming the news item shall ensure that all recording of the musicians’ performances shall be completed within one hour of commencement of filming. 4. The maximum duration of recorded performance that may be communicated to the public in one news item shall be: (i) one minute of featured music (i.e. not background or otherwise incidental), and/or (ii) one minute of non-featured music (i.e. heard in the background of an interview or under a voice over) In the event the duration of the recorded performance communicated to the public in one news item exceeds these time limits then the broadcaster/production company shall pay the musicians a fee to be agreed with the MU. 5. Nothing in this code of practice shall prevent any musician requesting the broadcaster/ production company not to record his or her performance and the broadcaster/production company shall not record a musician who has made such a request. 6. The broadcaster/production company shall ensure the musicians are not called upon to exceed the duties for which they are contracted and are not directed to alter their performance or repeat it for the purpose of retakes for the recording of the news item. 7. News items made hereunder must be first communicated to the public within eight days of the recording date, unless the prior written agreement of the MU is obtained, but thereafter may be communicated to the public throughout the world in perpetuity for the purposes of reporting the news and/or as archived news items. 8. Provided news item recordings are made and used strictly in accordance with this code of practice, the MU agrees on behalf of those it represents not to require any written consents to be obtained from or further fees to be paid to the musicians. 9. Save as set out in this code of practice, nothing shall restrict the rights of performers and/or the MU under the Act or otherwise.

Appears in 1 contract

Samples: Freelance Orchestral Agreement

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