Common use of Electronic Media Commercial Advertisements Clause in Contracts

Electronic Media Commercial Advertisements. 25.2.1 Where a segment of a rehearsal or a performance in which the Employee is performing is filmed or otherwise recorded for publicity and marketing purposes with the intention to advertise the Production in electronic media the following provisions shall apply: (a) If the segment is to be made up into an advertisement for the production for the purpose of being transmitted as a paid advertisement, the Employee shall not receive any additional payment. (b) The Employer may transmit the advertisement in Australia to publicise the Production in the following media: • Television (free to air and pay) • In flight • Domain web site of the Employer and their Employer approved links • E-cards • In house, on the Employer’s premises or the theatre where the Production is being or is to be performer, and/or • Radio; • Ticketing agencies venues in house TV loop; • Hotels in house TV loop; • Where the production is undertaken in a “theatre entertainment precinct” such as a casino or a performing arts centre then in house TV loop throughout that theatre entertainment precinct. • Any out-of-home media networks • Audio, DVD or equivalent recording device for promotional use. • Downloads • Websites Provided that such advertisement may not be used for the promotion of a remounting of the same production. A remounting of the same production does not include situations where a production is required to play a number of seasons during a tour and that the break between each season is not more than twelve months in duration. (c) Where the Employer exercises its rights pursuant to this clause and places segments of the performance on its web site or uses the promotion in-house as defined then the Employer will remove the material no later than 7 days after the final performance of the production. (d) Where the Employer exercises its rights pursuant to this clause for web use then the Employer will use best endeavours to prevent users making copies of the performance (other than temporary copies made in the technical course of communication). However, the Employer does not warrant that the technical means it uses will not be able to be circumvented. Subject to the obligation to use best endeavours the Employer will not be liable for any loss or damage in the event a person is capable of circumventing the technical means used. (e) If the Employer exercises its rights under this clause no specific consent is to be required from the performer(s) however notification of when the recording is to take place will be required.

Electronic Media Commercial Advertisements. 25.2.1 Where a segment of a rehearsal or a performance production in which the Employee is performing is filmed or otherwise recorded for publicity and marketing purposes with the intention to advertise the Production in electronic media the following provisions shall apply: (a) If the segment is to be made up into an advertisement for the production for the purpose of being transmitted as a paid advertisement, the Employee shall not receive any additional payment. (b) The Employer may transmit the advertisement in Australia to publicise the Production in the following media: • Television (free to air and pay) • In flight • Domain web site of the Employer and their Employer approved links • E-cards • In house, on the Employer’s premises or the theatre where the Production is being or is to be performer, and/or • Radio; • Ticketing agencies venues in house TV loop; • Hotels in house TV loop; • Where the production is undertaken in a “theatre entertainment precinct” such as a casino or a performing arts centre then in house TV loop throughout that theatre entertainment precinct. • Any out-of-home media networks • Audio, DVD or equivalent recording device for promotional use. • Downloads • Websites Provided that such advertisement may not be used for the promotion of a remounting of the same production. A remounting of the same production does not include situations where a production is required to play a number of seasons during a tour and that the break between each season is not more than twelve months in duration. (c) Where the Employer exercises its rights pursuant to this clause and places segments of the performance on its web site or uses the promotion in-house as defined then the Employer will remove the material no later than 7 days after the final performance of the production. (d) Where the Employer exercises its rights pursuant to this clause for web use then the Employer will use best endeavours to prevent users making copies of the performance (other than temporary copies made in the technical course of communication). However, the Employer does not warrant that the technical means it uses will not be able to be circumvented. Subject to the obligation to use best endeavours the Employer will not be liable for any loss or damage in the event a person is capable of circumventing the technical means used. (e) If the Employer exercises its rights under this clause no specific consent is to be required from the performer(s) however notification of when the recording is to take place will be required.