Use of Captured Material for Promotion Sample Clauses

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 ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/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 Or...