Orchestrations Sample Clauses
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).
Orchestrations. (1) Musical orchestrators and copyists must be paid at the prevailing industrial film orchestrating rate for all orchestrations, or copyist rates for copying work, as the case may be, when initially used for industrial film, but with no additional compensation for any subsequent motion picture use. This also applies to orchestrations already in the possession of any orchestra or band leader, which were originally made for other than industrial film purposes. This does not apply to contracts already executed. All orchestrations already in the possession of the Producer and scored under this Agreement shall be confined to industrial film produced by the Producers.
(2) To the extent known at the time of filing of a Form B Contract or an Orchestra Manager’s Report, the identity of the orchestrator(s) will be listed on each such Contract or Report. In this regard, Composers will be asked to provide Producers with such information.
Orchestrations. (a) Musical orchestrators and copyists must be paid at the prevailing motion picture orchestrating rate for all orchestrations, or copyist rates for copying work, as the case may be, when initially used for motion pictures, but with no additional compensation for any subsequent motion picture use. This also applies to orchestrations already in the possession of any orchestra or band leader, which were originally made for other than motion picture purposes. This does not apply to contracts already executed. All orchestrations already in the possession of the Producer and scored under this Agreement shall be confined to motion pictures produced by the Producers.
(b) To the extent known at the time of filing of a Form B Contract or an Orchestra Manager’s Report, the identity of the orchestrator(s) will be listed on each such Contract or Report. In this regard, Composers will be asked to provide Producers with such information.