United Symphonies of America! (USA!) Participating Orchestras Indemnification
We understand and support the need to protect everyone involved in artistic productions. USA! is a promotional platform, not a creative endeavor, and as such each participating orchestra will need to secure all the rights and permissions it needs to clear the archival material included in its submission for promotional purposes on the USA! platform. If you do not complete this process to the full extent required by law and your contracts, not only can rights-holders seek compensation and other legal remedies from you, but they could also make claims against USA!, which USA! would have to defend and settle. Since USA! is not able to verify independently whether an orchestra has cleared its permissions, USA! requires your agreement to indemnify USA! against third-party claims, including paying for USA!’s defense, and for any damages awarded or settlements reached resulting from third-party claims against USA! based on your submission(s) through the USA! platform (referred to as “Claims”). While not exhaustive, the following list covers some of the most obvious and important third-parties whose consent may be required, and against which you will indemnify USA!:
- Holders of copyright in the music included in your archival excerpts, such as composers, lyricists, publishers, etc.);
- Holders of copyrights in the recorded audio excerpts you submit;
- Musicians and other performers who helped create your recorded submission, including your obligation to comply with any union contracts;
- Venue owners and managers who provide space for you to record your submission;
- Photographers and videographers who record your performance or whose images or videos are included in your performance;
- Other technicians and performers and their unions;
- The parents of any children involved in your performance or the production of your submission.
If a third party makes a Claim against USA!, USA! will promptly notify you and will reasonably cooperate with you in the defense of the Claim, at your expense. You have the right to select counsel for the defense of the Claim (who is free from conflict of interest and not objectionable to USA!). USA! may, in its discretion, participate in its own defense at its own expense.