Common use of Orchestrations Clause in Contracts

Orchestrations. Subject to the terms and conditions of the AV Agreement, if the Composer/Lyricist elects to own all orchestrations and arrangements created by Producer in connection with Producer’s productions of the Play hereunder (“Score”), Composer/Lyricist shall own the Score and agrees to reimburse Producer for the cost thereof in the manner and to the extent specified in Section 8.19(d) of the printed APC; provided that it is specifically understood and 9 agreed that Composer/Lyricist's ownership shall be subject to the assumption by Composer/Lyricist of the Producer's obligation to pay any so-called re-use or additional use fees as set forth in any applicable union or guild collective bargaining agreement [including, if and as applicable, the collective bargaining agreement between the Associated Musicians of Greater New York, Local 802, American Federation of Musicians (“AFM”), and the Broadway League (the “AFM Agreement”)], for all productions or uses except in connection with (a) stage productions presented by or under the lease, license, or control of Producer hereunder or (b) any other uses made, licensed, or authorized by Producer in connection with its production(s) of the Play hereunder. Except with respect to AV Productions, Author shall have the right to approve any deal with an orchestrator or arranger the substantive terms of which are in excess of union scale or, in those circumstances not governed by a union agreement, where encumbrances are placed on productions of the Play other than productions produced by Producer or otherwise under Producer’s license or control. For purposes of clarity, Composer/Lyricist acknowledges that Composer/Lyricist’s ownership of the Score is subject to a perpetual royalty-free license to Producer to use the Score in any production of the Play presented by or under the lease, license, or control of Producer in any media now known or devised hereafter. Producer agrees to advance the reduced orchestrator re-use payment due to the AFM within ninety (90) days of the opening of the Play on Broadway provided Producer is reimbursed for such outlay from the first proceeds of a stock and amateur license (i.e., from the advance paid by a stock and amateur licensing company). 16.

Orchestrations. Subject to the terms and conditions of the AV Agreement, if the Composer/Lyricist elects to own all orchestrations and arrangements created by Producer in connection with Producer’s productions of the Play hereunder (“Score”), Composer/Lyricist shall own the Score and agrees to reimburse Producer for the cost thereof in the manner and to the extent specified in Section 8.19(d) of the printed APC; provided that it is specifically understood and 9 agreed that Composer/Lyricist's ownership shall be subject to the assumption by Composer/Lyricist of the Producer's obligation to pay any so-called re-use or additional use fees as set forth in any applicable union or guild collective bargaining agreement [including, if and as applicable, the collective bargaining agreement between the Associated Musicians of Greater New York, Local 802, American Federation of Musicians (“AFM”), and the Broadway League (the “AFM Agreement”)], for all productions or uses except in connection with (a) stage productions presented by or under the lease, license, or control of Producer hereunder or (b) any other uses made, licensed, or authorized by Producer in connection with its production(s) of the Play hereunder. Except with respect to AV Productions, Author shall have the right to approve any deal with an orchestrator or arranger the substantive terms of which are in excess of union scale or, in those circumstances not governed by a union agreement, where encumbrances are placed on productions of the Play other than productions produced by Producer or otherwise under Producer’s license or control. For purposes of clarity, Composer/Lyricist acknowledges that Composer/Lyricist’s ownership of the Score is subject to a perpetual royalty-free license to Producer to use the Score in any production of the Play presented by or under the lease, license, or control of Producer in any media now known or devised hereafter. Producer agrees to advance the reduced orchestrator re-use payment due to the AFM within ninety (90) days of the opening of the Play on Broadway provided Producer is reimbursed for such outlay from the first proceeds of a stock and amateur license (i.e., from the advance paid by a stock and amateur licensing company). 16.

Orchestrations. Subject to the terms and conditions of the AV Agreement, if the Composer/Lyricist elects to own all orchestrations and arrangements created by Producer in connection with Producer’s productions of the Play hereunder (“Score”), Composer/Lyricist shall own the Score and agrees to reimburse Producer for the cost thereof in the manner and to the extent 9 specified in Section 8.19(d) of the printed APC; provided that it is specifically understood and 9 agreed that Composer/Lyricist's ownership shall be subject to the assumption by Composer/Lyricist of the Producer's obligation to pay any so-called re-use or additional use fees as set forth in any applicable union or guild collective bargaining agreement [including, if and as applicable, the collective bargaining agreement between the Associated Musicians of Greater New York, Local 802, American Federation of Musicians (“AFM”), and the Broadway League (the “AFM Agreement”)], for all productions or uses except in connection with (a) stage productions presented by or under the lease, license, or control of Producer hereunder or (b) any other uses made, licensed, or authorized by Producer in connection with its production(s) of the Play hereunder. Except with respect to AV Productions, Author shall have the right to approve any deal with an orchestrator or arranger the substantive terms of which are in excess of union scale or, in those circumstances not governed by a union agreement, where encumbrances are placed on productions of the Play other than productions produced by Producer or otherwise under Producer’s license or control. For purposes of clarity, Composer/Lyricist acknowledges that Composer/Lyricist’s ownership of the Score is subject to a perpetual royalty-free license to Producer to use the Score in any production of the Play presented by or under the lease, license, or control of Producer in any media now known or devised hereafter. Producer agrees to advance the reduced orchestrator re-use payment due to the AFM within ninety (90) days of the opening of the Play on Broadway provided Producer is reimbursed for such outlay from the first proceeds of a stock and amateur license (i.e., from the advance paid by a stock and amateur licensing company). 16.