Common use of Media Work Clause in Contracts

Media Work. (a) The Musician, on acceptance of a live engagement under the terms and conditions of this Agreement, may be required to perform or rehearse for audio or video recording, sound broadcasting, television or any other form of audio and/or visual media subject to the limitations and uses outlined in this clause of the Agreement. (b) All performers’ rights under this agreement are vested in BCMG. (c) The Musician shall receive an appropriate proportion of the BCMG Media Payment where due, as detailed in clause 10 (g) (h) and (i) below. (d) New recordings whose primary purpose is as a soundtrack for cinema release, short items for advertising jingles or signature tunes/soundtracks for programmes not featuring BCMG, shall be paid at the current appropriate MU rate. Any fee paid to BCMG for this work shall not form part of the Net Media Income calculated in clause 10 (g) below. (e) The secondary use of partial extracts from existing BCMG-owned material for wholly commercial purposes such as television advertisement, feature film soundtrack or signature tunes/soundtracks for programmes not featuring BCMG shall not be deemed to be included under the terms of this Clause 10. In these instances a further fee shall be payable to those musicians who took part in the original recording. (f) A Media Committee shall be formed and shall consist of the 2 elected musician representatives on BCMG’s Board, and up to 2 representatives of the Company. The Media Committee shall be convened at least twice a year and shall consider all media opportunities involving new and non- traditional media (webcasting etc), as and when they arise. (g) The Media Committee shall agree the parameters for Net Media Income from media projects and consider individual cases which fall outside those parameters as necessary. The Net Media Income shall be the total amount of money earned by BCMG from a media project after the subtraction of the costs specifically incurred by BCMG in earning that income. (h) A BCMG Media Payment shall be payable to those musicians involved in each media project, equal to 85% of the agreed Net Media Income from that project with the remaining 15% being retained by BCMG as a management charge. (i) Each BCMG Media Payment shall be divided amongst the musicians involved in that media project in proportion to the actual contribution made by each musician to the project. (j) Archive & Promotional Musicians engaged under this Agreement permit the engager to record rehearsals, performances and other activity (e.g. workshops) in whole or in part (sound and vision or in sound only) for no additional fee, for the limited Archive or Promotional purposes described below. An engager making any recording under this Archive & Promotional clause shall retain copyright in the resulting recording, and will not give away, sell, license or otherwise transfer ownership of the recording to another party without the Union’s agreement. The engager will take all reasonable steps to keep the recording secure and avoid any contravening distribution by third parties.

Media Work. (a) The Musician, on acceptance of a live engagement under the terms and conditions of this Agreement, may be required to perform or rehearse for audio or video recording, sound broadcasting, television or any other form of audio and/or visual media subject to the limitations and uses outlined in this clause of the Agreement. (b) All performers’ rights under this agreement are vested in BCMGSinfonia Cymru. (c) The Musician shall receive an appropriate proportion of the BCMG Sinfonia Cymru’s Media Payment where due, as detailed in clause 10 (g) (h) and (i) below. (d) New recordings whose primary purpose is as a soundtrack for cinema release, short items for advertising jingles or signature tunes/soundtracks for programmes not featuring BCMGSinfonia Cymru, shall be paid at the current appropriate MU rate. Any fee paid to BCMG Sinfonia Cymru for this work shall not form part of the Net Media Income calculated in clause 10 (g) below. (e) The secondary use of partial extracts from existing BCMGSinfonia Cymru-owned material for wholly commercial purposes such as television advertisement, feature film soundtrack or signature tunes/soundtracks for programmes not featuring BCMG Sinfonia Cymru shall not be deemed to be included under the terms of this Clause 10. In these instances a further fee shall be payable to those musicians who took part in the original recording. (f) A Media Committee shall be formed and shall consist of the 2 elected musician player representatives on BCMGof Sinfonia Cymru’s Boardplayer committee (Curate), the Chief Executive and up to 2 representatives of the Company. The Media Committee shall be convened at least twice a year and shall consider all media opportunities involving new and non- non-traditional media (webcasting etc), as and when they arise. (g) The Media Committee shall agree the parameters for Net Media Income from media projects projects, and consider individual cases which fall outside those parameters as necessary. The Net Media Income shall be the total amount of money earned by BCMG Sinfonia Cymru from a media project after the subtraction of the costs specifically incurred by BCMG Sinfonia Cymru in earning that income. (h) A BCMG Sinfonia Cymru Media Payment shall be payable to those musicians involved in each media project, equal to 85% . This will be a percentage of the agreed Net Media Income from that project with the remaining 15% remainder being retained by BCMG Sinfonia Cymru as a management charge. (i) Each BCMG Sinfonia Cymru Media Payment shall be divided amongst the musicians involved in that media project in proportion to the actual contribution made by each musician to the project. (j) Archive & Promotional Musicians engaged under this Agreement permit the engager to record rehearsals, performances and other activity (e.g. workshops) in whole or in part (sound and vision or in sound only) for no additional fee, for the limited Archive or Promotional purposes described below. An engager making any recording under this Archive & Promotional clause shall retain copyright in the resulting recording, and will not give away, sell, license or otherwise transfer ownership of the recording to another party without the Union’s agreement. The engager will take all reasonable steps to keep the recording secure and avoid any contravening distribution by third parties.