Common use of Recording with Non-Classical Featured Artists Clause in Contracts

Recording with Non-Classical Featured Artists. The following rules shall apply to electronic media projects with featured artists who are “rock,” “pop,” or other Non-Classical Featured Artists, provided that the orchestra is also billed as a featured artist: (1) Audio and Non-Television Audio-Visual Recordings a. Once per IMA contract year, the terms of Article X (Multi-Platform Release) may be applied to cover a live audio-only recording (CDs, Downloads, Streaming and/or other audio product) and/or non-television audio-visual recording (DVD, Theatrical Release or A-V Stream) with any Non-Classical Featured Artist provided that: i. The ownership of the master recordings and all copyright rights in the recording are retained by the orchestra institution, and the orchestra institution warrants that it will not sell, lease, license or assign the rights to any third party. ii. Notwithstanding (B)(1)(a)(i) above, the orchestra institution may enter into a pressing and distribution license with a third party distributor, at the then-current usual and customary rates and terms. iii. All requirements of Article X are met, including but not limited to orchestra approval. iv. The provisions of Article X.C (Exceptions) and X.I (Step Ups) shall not be available or apply to projects created pursuant to this Exhibit E. b. No other live audio or non-television audio-visual recording with a Non-Classical Featured Artist may be made or exploited, except pursuant to the applicable Federation agreement or advance written permission of the Federation. (2) Standard and Non-Standard Television a. Once per IMA contract year, the terms of Article XIII may be applied to cover an orchestra performance in a standard or non-standard television program with any Non-Classical Featured Artist. All requirements of Article XIII shall be met. b. The Article XIII.C “Full Price Television Bonus” will not be available for projects produced pursuant to this Exhibit E. c. No other television show with a Non-Classical Featured Artist may be made or exploited except pursuant to the applicable Federation agreement or with advance written permission of the Federation. (3) The one-per-contract-year project described in (B)(1) and (2) above may include releases in any audio and/or audio-visual electronic media formats paid at the applicable IMA rates (i.e. the project may be released under the terms of B(1) and/or B(2) above), provided however that the right to a media project under these provisions will not apply if another, different media project has already been made under these provisions during the contract year. In addition, the one-per-contract year may not be carried over from one year to the next.

Recording with Non-Classical Featured Artists. The following rules shall apply to electronic media projects with featured artists who are “rock,” “pop,” or other Non-Classical Featured Artists, provided that the orchestra is also billed as a featured artist: (1) Audio and Non-Television Audio-Visual Recordings a. Once per IMA contract year, the terms of Article X (Multi-Platform Release) or XII (Alternative Option for Live Audio Recording) may be applied to cover a live audio-only recording (CDs, Downloads, Streaming and/or other audio product) and/or non-television audio-visual recording (DVD, Theatrical Release or A-V Stream) with any Non-Classical Featured Artist provided that: i. The ownership of the master recordings and all copyright rights in the recording are retained by the orchestra institution, and the orchestra institution warrants that it will not sell, lease, license or assign the rights to any third party. ii. Notwithstanding (B)(1)(a)(i) above, the orchestra institution may enter into a pressing and distribution license with a third party distributor, at the then-current usual and customary rates and terms. iii. All requirements of Article X or XII are met, including but not limited to orchestra approval. iv. The provisions of Article X.C (Exceptions) and X.I (Step Ups) shall not be available or apply to projects created pursuant to this Exhibit E. b. No other live audio or non-television audio-visual recording with a Non-Classical Featured Artist may be made or exploited, except pursuant to the applicable Federation agreement or advance written permission of the Federation. (2) Standard and Non-Standard Television a. Once per IMA contract year, the terms of Article XIII may be applied to cover an orchestra performance in a standard or non-standard television program with any Non-Classical Featured Artist. All requirements of Article XIII shall be met. b. The Article XIII.C “Full Price Television Bonus” will not be available for projects produced pursuant to this Exhibit E. c. No other television show with a Non-Classical Featured Artist may be made or exploited except pursuant to the applicable Federation agreement or with advance written permission of the Federation. (3) The one-per-contract-year project described in (B)(1) and (2) above may include releases in any audio and/or audio-visual electronic media formats paid at the applicable IMA rates (i.e. the project may be released under the terms of B(1) and/or B(2) above), provided however that the right to a media project under these provisions will not apply if another, different media project has already been made under these provisions during the contract year. In addition, the one-per-contract year may not be carried over from one year to the next.