CAPTURE AND BROADCAST OF THE PRODUCTION Sample Clauses

CAPTURE AND BROADCAST OF THE PRODUCTION. Except as expressly provided for herein, no Employer, Subsequent Employer or any third party shall capture, broadcast, exhibit, distribute or otherwise disseminate by any means whatsoever, whether live or recorded, any visual image or sound of a rehearsal, performance or any other part of the Production, where any part of the scenery, costumes, lighting, sound and/or projections for the Production, or the designs for the Production, can be seen or heard. 1. The Employer shall notify in advance and in writing, the Union and the Designer, prior to any capture, recording or broadcast of the Production. Notice of all such broadcasts and/or any such capture or recording, and of the agreed upon compensation to be paid therefore, shall be filed with the Union as a supplement to the Cover Sheet. 2. The Employer shall not have the right to assign, lease, sell, license or otherwise capture or use, directly or indirectly, any of the designs and/or scenery, costumes, lighting, sound and/or projections for use in motion pictures, videotape, compact disc, digital video disc, television, live broadcasts, simulcast, tapes or film, or any method that currently exists or that may be developed in the future, for any use whatsoever, except as specified in this Agreement, without the prior written approval of the Designer and without negotiating with the Union for such use. 3. Where the designs in this Agreement and/or any scenery, costumes, lighting, sound or projections, in part or in whole, used for reproduction for television broadcasting (whether live, filmed or any other process), streamed live, or released in any other format including but not limited to VOD, Digital Cinema or for direct sales to the public, in any and all media now known or hereafter devised, the Employer shall agree that prior to such use, Employer will deposit in the office of the Union a cash bond in a sum equal to the following amounts in full consideration for such use: a. For any single use, including but not limited to television (whether by closed- circuit, cable, satellite or over-the-air broadcast), internet streaming, VOD, Digital Cinema or direct sales to the public, the amount of the Designer's fee for those designs actually used shall be negotiated on a case-by-case basis. b. For any single commercial use, including but not limited to television (whether by closed- circuit, cable, satellite or over-the-air broadcast), internet streaming, VOD, Digital Cinema or direct sales to the public O...
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