Use Other Than in the Motion Picture for Which the Background Actor Was Employed Sample Clauses

Use Other Than in the Motion Picture for Which the Background Actor Was Employed. “A Producer may not use a background actor’s Background Actor Digital Replica in connection with a motion picture other than one for which the background actor was employed or in any other field or medium without obtaining the background actor’s consent and bargaining separately for the use. DRAFT ONLY “Consent must be clear and conspicuous and include a reasonably specific description of the intended use. Consent must be obtained prior to use, but may not be obtained at the time of employment. NOT FINAL “Any consent that the background actor granted during the background actor’s lifetime shall continue to be valid after the background actor’s death unless explicitly limited otherwise. In the event the background actor is deceased at the time the Producer seeks consent (and the Producer has not already obtained consent during the background actor’s lifetime or the background actor’s consent is no longer valid after death), the Producer shall obtain the consent of the authorized representative (or the Union, if the deceased background actor’s authorized representative cannot be identified or located) who represents the deceased background actor’s exclusive rights as determined by applicable law. “The background actor daily minimum shall be the minimum for purposes of the bargaining referred to above with respect to use of a background actor’s Background Actor Digital Replica in connection with a motion picture other than one for which the background actor was employed or in any other field or medium, except that use of the background actor’s Background Actor Digital Replica in a field or medium covered by a SAG-AFTRA collective bargaining agreement shall be subject to bargaining at no less than the minimum wages and residuals, if any, provided for in that collective bargaining agreement.