SUBSEQENT USE. Employer shall give written advance notice to Designer and Union, of its intent to use original design(s) in order to revive, remount, move, or tour the Production; or its intention to transfer the Production to another company through license, lease, sale, rental or any other means (hereinafter referred to as the “Subsequent Production”). The Employer will supply the production schedule and dates of the Subsequent Production, if known, at the time of notification. The original Employer shall be responsible to the Designer to secure in writing from any individual or company who buys, leases, rents, licenses or otherwise receives through a donation or any other means the scenic, costumes, lighting, sound or projection designs, or design concepts, all rights and compensation as contained herein. All Subsequent Use Payments shall be subject to Pension and Welfare Contributions. It is the intent and essence of this paragraph that the actual, physical scenery, costumes, lighting plot, projections and/or sound tapes, discs or other media, be considered the design and design concept, and as such no subsequent use is permitted without compliance hereto. The Employer or its licensee shall not use the designs for the scenery, the scenery as a whole, the designs for the costumes, the complete set of costumes, the design for the lighting, the design for the projections, the projection media, the design for the sound, or the sound tapes, discs or other sound media in any live stage presentation or electronic reproduction of the Production or Work without the prior written permission of and additional compensation to the Designer. Compensation for additional use or license of the design by Employer shall be subject to additional agreement between Employer and the Designer.
