Use of Captured Material for Promotion. 1. Audio or audio-visual material captured pursuant to A. above must be edited down to no more than five (5) minutes for promotional uses. Such uses may be made on the Internet, on the Employer’s own website, on television or on other media outlets, by the Employer or by commercial or non-commercial third parties. In the case of third parties, the following terms and conditions shall apply: a. When the third party’s use directly promotes specific activity(ies), event(s) or media product(s) of the Orchestra, (e.g. ticket sales, subscription sales, donations, CD/download/stream or other product sales, etc.) the third party may use five minutes of captured material or up to fifteen (15) minutes, provided that the fifteen minutes consists of non-consecutive segments, no one of which is longer than five (5) minutes; or b. If the third party’s use is not directly promotional in accordance with above paragraph 1.a., then it must satisfy the following conditions: i. The name of the Orchestra must be clearly identified within the promotional use (e.g. at the outset, at the interval(s) appropriate to the piece or during rolling or billboarded credits, etc.), to ensure public recognition of the Orchestra and its connection to the use; and ii. The Orchestra’s performance is integral to the piece and not the mere provision of soundtrack, underscore or background content; and iii. The use is not a “call to action” (within the meaning of the PBS National Program Funding Standards and Practices) commercial announcement (“jingle”) for a third party, or otherwise violative of the PBS National Program Funding Standards and Practices regarding identifying information for funders (as set forth at xxxx://xxx.xxx.xxx/about/producing-pbs/proposal- process/guidelines/underwriting-1/); and iv. The third party’s use is not a) a commercial announcement covered by the AFM Commercial Announcements Agreement, or b) a television appearance by the Employer’s Musicians in Scripted, Non-Scripted or other Television Programs covered by the Television Videotape, Basic Television Film Agreement, Basic Cable or other television agreement, or a media product for sale or license; and v. The third party must be an institutional or media partner or sponsor of the Employer, or must be engaged in some other meaningful partnership with the Employer which (a) advances community or institutional goals beyond the commercial or noncommercial success of the third party, and (b) advances awareness of the Orchestra; and vi. As indicated in Article VI.C., the Employer will enter into a written agreement, in the standard form in Exhibit D of this Agreement, that restricts the rights of the third party to use the recorded product consistent with the terms of this Article VIII and obligates the third party, in the event of any unauthorized use, to enter into and fulfill all conditions required by the appropriate Federation Agreement, including but not limited to the payment to all Musicians of prevailing wages and benefits; and vii. The Employer must provide notice to the Federation and the Orchestra Committee in accordance with Article XXXII and the use must be approved in advance by the Orchestra Committee. Provided, however, that the Orchestra Committee will be deemed to have approved the use if it fails to render a decision within seven (7) days of receiving a request from the Employer. 2. Notwithstanding C.1. above, the Employer may use up to fifteen (15) minutes, provided that the fifteen minutes consists of non-consecutive segments, no one of which is longer than five (5) minutes. This option may not be used by any third party or for television or radio broadcast. The Institution may use this option for promotional purposes on its own website, in conjunction with its media or other commercial or non- commercial institutional sponsors or partners on their websites, on other internet sites such as YouTube or social media sites, in kiosks or monitors at its location or in tourist or other promotional locations, in cell phone or wireless transmission, in streaming e-mails, or on podcasts as long as the segments used for promotional purposes are not themselves being sold. a. Not more than six (6) times per year the Employer may use up to 15 minutes of continuous captured content for promotional purposes; provided that (i) each fifteen-minute segment shall be from a different work or movement; (ii) each fifteen-minute segment shall contain either one composition up to fifteen minutes in length or one movement of one composition up to fifteen minutes in length; and (iii) the Employer does not provide media payments to anyone else. The Employer may allow an opera or ballet company that subcontracts services from the Employer to use up to two of these six (6) opportunities each year. b. The Employer will report the use of media pursuant to above paragraph 2.a. to the Federation on the form provided by the Federation. 3. The capture, broadcast and/or streaming by a third party of an Orchestra’s live performance of the Star Spangled Banner and/or the national anthem of another country at a sport event is permitted without a media payment to the Musicians so long as the broadcast and/or stream of the Musicians’ performance complies with the provisions of Article VIII.C.1. Provided, however, that where the sport event is a “Premium Game” each Musician who participates will be compensated with a one-time upfront media payment of $150.00 plus Pension (as provided in Article XXII) and Health & Welfare (as provided in Article XXIII). “Premium Games” are the All-Star Games, MLB Playoffs through and including the World Series, NFL Playoffs through and including the Super Bowl, NBA Finals, NHL Xxxxxxx Cup Finals, World Cup Finals, NFL Thanksgiving Day Games and NBA Christmas Day Games.
Appears in 2 contracts
Samples: Integrated Media Agreement, Integrated Media Agreement
Use of Captured Material for Promotion. 1. Audio or audio-visual material captured pursuant to A. above must be edited down to no more than five (5) minutes for promotional uses. Such uses may be made on the Internet, on the Employer’s own website, on television or on other media outlets, by the Employer or by commercial or non-commercial third parties. In the case of third parties, the following terms and conditions shall apply:
a. When the third party’s use directly promotes specific activity(ies), event(s) or media product(s) of the Orchestra, (e.g. ticket sales, subscription sales, donations, CD/download/stream or other product sales, etc.) the third party may use five minutes of captured material or up to fifteen (15) minutes, provided that the fifteen minutes consists of non-consecutive segments, no one of which is longer than five (5) minutes; or
b. If the third party’s use is not directly promotional in accordance with above paragraph 1.a., then it must satisfy the following conditions:
i. The name of the Orchestra must be clearly identified within the promotional use (e.g. at the outset, at the interval(s) appropriate to the piece or during rolling or billboarded credits, etc.), to ensure public recognition of the Orchestra and its connection to the use; and
ii. The Orchestra’s performance is integral to the piece and not the mere provision of soundtrack, underscore or background content; and
iii. The use is not a “call to action” (within the meaning of the PBS National Program Funding Standards and Practices) commercial announcement (“jingle”) for a third party, or otherwise violative of the PBS National Program Funding Standards and Practices regarding identifying information for funders (as set forth at xxxx://xxx.xxx.xxx/about/producing-pbs/proposal- process/guidelines/underwriting-1/); and
iv. The third party’s use is not a) a commercial announcement covered by the AFM Commercial Announcements Agreement, or b) a television appearance by the Employer’s Musicians in Scripted, Non-Scripted or other Television Programs covered by the Television Videotape, Basic Television Film Agreement, Basic Cable or other television agreement, or a media product for sale or license; and
v. The third party must be an institutional or media partner or sponsor of the Employer, or must be engaged in some other meaningful partnership with the Employer which (a) advances community or institutional goals beyond the commercial or noncommercial success of the third party, and (b) advances awareness of the Orchestra; and
vi. As indicated in Article VI.C., the Employer will enter into a written agreement, in the standard form in Exhibit D of this Agreement, that restricts the rights of the third party to use the recorded product consistent with the terms of this Article VIII and obligates the third party, in the event of any unauthorized use, to enter into and fulfill all conditions required by the appropriate Federation Agreement, including but not limited to the payment to all Musicians of prevailing wages and benefits; and
vii. The Employer must provide notice to the Federation and the Orchestra Committee in accordance with Article XXXII and the use must be approved in advance by the Orchestra Committee. Provided, however, that the Orchestra Committee will be deemed to have approved the use if it fails to render a decision within seven (7) days of receiving a request from the Employer.
2. Notwithstanding C.1. above, the Employer may use up to fifteen (15) minutes, provided that the fifteen minutes consists of non-consecutive segments, no one of which is longer than five (5) minutes. This option may not be used by any third party or for television or radio broadcast. The Institution may use this option for promotional purposes on its own website, in conjunction with its media or other commercial or non- commercial institutional sponsors or partners on their websites, on other internet sites such as YouTube or social media sites, in kiosks or monitors at its location or in tourist or other promotional locations, in cell phone or wireless transmission, in streaming e-mails, or on podcasts as long as the segments used for promotional purposes are not themselves being sold.
a. Not more than six (6) times per year the Employer may use up to 15 minutes of continuous captured content for promotional purposes; provided that (i) each fifteen-minute segment shall be from a different work or movement; (ii) each fifteen-minute segment shall contain either one composition up to fifteen minutes in length or one movement of one composition up to fifteen minutes in length; and (iii) the Employer does not provide media payments to anyone else. The Employer may allow an opera or ballet company that subcontracts services from the Employer to use up to two of these six (6) opportunities each year.
b. The Employer will report the use of media pursuant to above paragraph 2.a. to the Federation on the form provided by the Federation.
3. The capture, broadcast and/or streaming by a third party of an Orchestra’s live performance of the Star Spangled Banner and/or the national anthem of another country at a sport event is permitted without a media payment to the Musicians so long as the broadcast and/or stream of the Musicians’ performance complies with the provisions of Article VIII.C.1of
1. Provided, however, that where the sport event is a “Premium Game” each Musician who participates will be compensated with a one-time upfront media payment of $150.00 plus Pension (as provided in Article XXII) and Health & Welfare (as provided in Article XXIII). “Premium Games” are the All-Star Games, MLB Playoffs through and including the World Series, NFL Playoffs through and including the Super Bowl, NBA Finals, NHL Xxxxxxx Cup Finals, World Cup Finals, NFL Thanksgiving Day Games and NBA Christmas Day Games.
Appears in 1 contract
Samples: Integrated Media Agreement
Use of Captured Material for Promotion. 1. Audio or audio-visual material captured pursuant to A. above must be edited down to no more than five (5) minutes for promotional uses. Such uses may be made on the Internet, on the Employer’s own website, on television or on other media outlets, by the Employer or by commercial or non-commercial third parties. In the case of third parties, the following terms and conditions shall apply:
a. When the third party’s use directly promotes specific activity(ies), event(s) or media product(s) of the Orchestra, (e.g. ticket sales, subscription sales, donations, CD/download/stream or other product sales, etc.) the third party may use five minutes of captured material or up to fifteen (15) minutes, provided that the fifteen minutes consists of non-consecutive segments, no one of which is longer than five (5) minutes; or
b. If the third party’s use is not directly promotional in accordance with above paragraph 1.a., then it must satisfy the following conditions:
i. The name of the Orchestra must be clearly identified within the promotional use (e.g. at the outset, at the interval(s) appropriate to the piece or during rolling or billboarded credits, etc.), to ensure public recognition of the Orchestra and its connection to the use; and
ii. The Orchestra’s performance is integral to the piece and not the mere provision of soundtrack, underscore or background content; and
iii. The use is not a “call to action” (within the meaning of the PBS National Program Funding Standards and Practices) commercial announcement (“jingle”) for a third party, or otherwise violative of the PBS National Program Funding Standards and Practices regarding identifying information for funders (as set forth at xxxx://xxx.xxx.xxx/about/producing-pbs/proposal- process/guidelines/underwriting-1/xxxx://xxx.xxx.xxx/about/producing-pbs/funding-standards/); and
iv. The third party’s use is not a) a commercial announcement covered by the AFM Commercial Announcements Agreement, or b) a television appearance by the Employer’s Musicians in Scripted, Non-Scripted or other Television Programs covered by the Television Videotape, Basic Television Film Agreement, Basic Cable or other television agreement, or a media product for sale or license; and
v. The third party must be an institutional or media partner or sponsor of the Employer, or must be engaged in some other meaningful partnership with the Employer which (a) advances community or institutional goals beyond the commercial or noncommercial success of the third party, and (b) advances awareness of the Orchestra; and
vi. As indicated in Article VI.C., the Employer will enter into a written agreement, in the standard form in Exhibit D of this Agreement, that restricts the rights of the third party to use the recorded product consistent with the terms of this Article VIII and obligates the third party, in the event of any unauthorized use, to enter into and fulfill all conditions required by the appropriate Federation Agreement, including but not limited to the payment to all Musicians of prevailing wages and benefits; and
vii. The Employer must provide notice to the Federation and the Orchestra Committee in accordance with Article XXXII and the use must be approved in advance by the Orchestra Committee. Provided, however, that the Orchestra Committee will be deemed to have approved the use if it fails to render a decision within seven (7) days of receiving a request from the Employer.
2. Notwithstanding C.1. above, the Employer may use up to fifteen (15) minutes, provided that the fifteen minutes consists of non-consecutive segments, no one of which is longer than five (5) minutes. This option may not be used by any third party or for television or radio broadcast. The Institution may use this option for promotional purposes on its own website, in conjunction with its media or other commercial or non- commercial institutional sponsors or partners on their websites, on other internet sites such as YouTube or social media sites, in kiosks or monitors at its location or in tourist or other promotional locations, in cell phone or wireless transmission, in streaming e-mails, or on podcasts as long as the segments used for promotional purposes are not themselves being sold.
a. Not more than six (6) times per year the Employer may use up to 15 minutes of continuous captured content for promotional purposes; provided that (i) each fifteen-minute segment shall be from a different work or movement; (ii) each fifteen-minute segment shall contain either one composition up to fifteen minutes in length or one movement of one composition up to fifteen minutes in length; and (iii) the Employer does not provide media payments to anyone else. The Employer may allow an opera or ballet company that subcontracts services from the Employer to use up to two of these six (6) opportunities each year.
b. The Employer will report the use of media pursuant to above paragraph 2.a. to the Federation on the form provided by the Federation.
3. The capture, broadcast and/or streaming by a third party of an Orchestra’s live performance of the Star Spangled Banner and/or the national anthem of another country at a sport event is permitted without a media payment to the Musicians so long as the broadcast and/or stream of the Musicians’ performance complies with the provisions of Article VIII.C.1. Provided, however, that where the sport event is a “Premium Game” each Musician who participates will be compensated with a one-time upfront media payment of $150.00 plus Pension (as provided in Article XXII) and Health & Welfare (as provided in Article XXIII). “Premium Games” are the All-Star Games, MLB Playoffs through and including the World Series, NFL Playoffs through and including the Super Bowl, NBA Finals, NHL Xxxxxxx Cup Finals, World Cup Finals, NFL Thanksgiving Day Games and NBA Christmas Day Games.
Appears in 1 contract
Samples: Integrated Media Agreement