Common use of Promotional Use by Individuals Clause in Contracts

Promotional Use by Individuals. The capture of performances on handheld personal devices and distribution via social media by individual audience members may occur without additional compensation to Musicians, so long as: a. The audience is seated outdoors, except that for an Employer whose performances occur predominantly outdoors (e.g., Santa Fe Opera, Glimmerglass Festival), the Employer must obtain the approval of the Orchestra Committee on a per project basis; b. The Employer makes reasonable efforts to prevent recording during performance circumstances, when the recording would be disruptive to the experience for other audience members or performers; and c. The Employer will assert its intellectual property rights to stop the electronic distribution of such recorded content, when the use exceeds the promotional use parameters of this Agreement, when there is an attempt by a third party to generate revenue, or when it is distributed in a manner that in the sole discretion of the Employer is inconsistent with the interests of the institution. d. In addition, with the approval of the Orchestra Committee, for up to two full orchestra programs per season, and up to four informal events per season in a venue with a seating capacity that does not exceed 400 seats, the capture of a performance on smartphones by individual audience members at an indoor performance, and the distribution of that material by them via social media, subject to the additional terms of this section, may occur without additional compensation to Musicians. Where the program is repeated multiple times, audience capture as provided in this Article VIII.C.9.d may occur at all repetitions of the program if approved by the Orchestra Committee.

Promotional Use by Individuals. The capture of performances on handheld personal devices and distribution via social media by individual audience members may occur without additional compensation to Musicians, so long as: a. The audience is seated outdoors, except that for an Employer whose performances occur predominantly outdoors (e.g., Santa Fe Opera, Glimmerglass Festival), the Employer must obtain the approval of the Orchestra Committee on a per project basis; b. The Employer makes reasonable efforts to prevent recording during performance circumstances, when the recording would be disruptive to the experience for other audience members or performers; and c. The Employer will assert its intellectual property rights to stop the electronic distribution of such recorded content, when the use exceeds the promotional use parameters of this Agreement, when there is an attempt by a third party to generate revenue, or when it is distributed in a manner that in the sole discretion of the Employer is inconsistent with the interests of the institution. d. In addition, with the approval of the Orchestra Committee, for up to two full orchestra programs per season, and up to four informal events per season in a venue with a seating capacity that does not exceed 400 seats, the capture of a performance on smartphones by individual audience members at an indoor performance, and the distribution of that material by them via social media, subject to the additional terms of this section, may occur without additional compensation to Musicians. Where the program is repeated multiple times, audience capture as provided in this Article VIII.C.9.d may occur at all repetitions of the program if approved by the Orchestra Committee.Article