Common use of Reuse Clause in Contracts

Reuse. Employer shall not reuse Material containing the results and proceeds of a Performer’s performance in any Linear Program(s) or in any manner other than as set forth in this section, without separately bargaining with the individual Performer. The minimum payable to a Performer for the Reuse of any portion of an Interactive Program in a Linear Program shall be the applicable SAG-AFTRA minimum for the field in which the Interactive Material is reused. If Employer fails to bargain separately with the Performer as provided herein, or if Employer and the Performer bargain but are unable to reach an agreement, consent shall be deemed withheld by the Performer. If Employer violates the foregoing, it shall pay the Performer damages for such unauthorized reuse equivalent to no less than three (3) times the amount originally paid the Performer for the number of days of work covered by the Material as well as the minimum fees, if any, applicable to the field in which the Material is exploited. Employer’s intentional failure to bargain with the performer may be subject to additional damages. In lieu of accepting such damages, however, the Performer may elect to arbitrate the claim as provided hereunder.