Common use of Websites and Other Platforms Clause in Contracts

Websites and Other Platforms. Up to a total of 15 minutes of edited rehearsal and/or performance footage per production (which may depict an entire scene or musical number), as well as unlimited Additional Footage, may be used as follows: (1) On websites of the Theatre (including third party hosting sites); transferee not- for-profit Theatres; not-for-profit arts and tourism-related agencies of the city, county, state and intra- and inter-state region in which the Theatre is located; local Rotary, Chamber of Commerce and local not-for-profit “booster” organizations; media websites; arts calendar websites (such as Xxxxxxxx.xxx); third party promotional and ticketing services (e.g., Xxxxxxxxxxxx.xxx, Ticketmaster, XxxXxx.xxx) and not-for-profit arts service and arts promotion organizations (e.g., Actors’ Equity Association, Theatre Communications Group, Americans for the Arts). Rule 35. MEDIA: RECORDING & BROADCAST (2) On websites of sponsors and/or supporters of the Theatre, provided: (a) The Actor’s likeness is used solely to acknowledge the sponsorship or support and is not in any way used directly or indirectly to endorse the sponsor or a specific product of the sponsor; (b) At the time of contracting, the Theatre solicits from the Actor any current or potential professional conflicts that may limit the use of the Actor’s image on the sponsor’s or supporter’s website, and the Theatre, based upon the Actor’s written notification, does not use the Actor’s image in any way that may pose conflicts; (c) The footage is not used for more than two years from commencement of the Actor’s individual employment contract. The Actor may negotiate a lesser time period; and (d) The Theatre shall indemnify the Actor against any breach of an Actor exclusivity clause when such breach is a result of the use not authorized by this Rule 35(M). (3) Promotional and publicity Recordings may be delivered through the following platforms, including, but not limited to: mobile technology (including but not limited to cell phones), sales kiosks, lobby loops, podcasts, wallpaper, and video e-blasts. Theatres may also use and provide materials captured hereunder through other substantially similar delivery platforms that are currently available or as they may evolve. (4) For all usage authorized by this Rule 35(M), the Theatre’s ticket sale information may be presented on the same “page” as the Recording. If voice-over or other live actor work performance is required, in addition to the permitted performance footage, the applicable SAG-AFTRA Agreement shall apply to such voice-over or other work. (5) The above time restrictions apply per distribution point, not per delivery platform. Thus, a permitted Recording may be used on a number of different websites, not just one Recording for the entire web. (6) Recordings may be changed on an individual distribution point (e.g., a single website) as often as the Theatre wishes provided the total amount of material on that distribution point at any one time adheres to the time limitations set forth above. (7) Use of footage for any purpose other than specified above is strictly prohibited. For any violation under this Rule, the Actor shall be paid no less than two weeks’ contractual salary in addition to any SAG-AFTRA amounts which may be due.

Appears in 2 contracts

Samples: Agreement and Rules Governing Employment in Resident Theatres, Agreement and Rules Governing Employment in Resident Theatres

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Websites and Other Platforms. Up to a total of 15 minutes of edited rehearsal and/or performance footage per production (which may depict an entire scene or musical number), as well as unlimited Additional Footage, may be used as follows: (1) On websites of the Theatre (including third pages on non-embeddable third-party hosting sites, e.g., Facebook); transferee not- for-profit Theatres; not-for-profit arts and tourism-related agencies of the city, county, state and intra- and inter-state region in which the Theatre is located; local Rotary, Chamber of Commerce and local not-for-profit “booster” organizations; media websitesweb sites; arts calendar websites web sites (such as Xxxxxxxx.xxx); third party promotional and ticketing services (e.g., Xxxxxxxxxxxx.xxx, Ticketmaster, XxxXxx.xxx) and not-for-profit arts service and arts promotion organizations (e.g., Actors’ Equity Association, Theatre Communications Group, Americans for the Arts). Rule 35. MEDIA: RECORDING & BROADCAST; (2) On websites of sponsors presenters and/or supporters of the Theatre, provided: (a) The Actor’s likeness is used solely to acknowledge the sponsorship or support and is not in any way used directly or indirectly to endorse the sponsor presenter or a specific product of the sponsorpresenter; (b) At the time of contracting, the Theatre solicits from the Actor any current or potential professional conflicts that may limit the use of the Actor’s image on the sponsorpresenter’s or supporter’s websiteweb site, and the Theatre, based upon the Actor’s written notification, does not use the Actor’s image in any way that may pose conflicts; (c) The footage is not used for more than two years from commencement of the Actor’s individual employment contract. The Actor may negotiate a lesser time period; and (d) The Theatre shall indemnify the Actor against any breach of an Actor exclusivity Exclusivity clause when such breach is a result of the use not authorized by this Rule 35(M(28(K).); (3) Promotional and publicity Recordings recordings may be delivered through the following platforms, including, but not limited to: mobile technology (including but not limited to cell phones), sales kiosks, lobby loops, podcasts, wallpaper, and video e-blasts. Theatres may also use and provide materials captured Recorded hereunder through other substantially similar delivery platforms that are currently available or as they may evolve. (4) For all usage authorized by this Rule 35(M(28(K)), the Theatre’s ticket sale information may be presented on the same “page” as the Recording. If voice-over or other live actor work performance is required, in addition to the permitted performance footage, the applicable SAG-AFTRA Agreement Agreements shall apply to such voice-over or other work. (5) The above time restrictions apply per distribution point, not per delivery platform. Thus, a permitted Recording recording may be used on a number of different websites, not just one Recording recording for the entire web. (6) Recordings may be changed on an individual distribution point (e.g., a single websiteweb site) as often as the Theatre wishes provided the total amount of material on that distribution point at any one time adheres to the time limitations set forth above. (7) Use of footage for any purpose other than specified above is strictly prohibited. For any violation under this Rule, the Actor shall be paid no less than two weeks’ contractual salary in addition to any SAG-AFTRA amounts which may be due.

Appears in 1 contract

Samples: Theatre for Young Audiences Contract

Websites and Other Platforms. The League and Actors’ Equity acknowledge that consistent and varied promotion and advertising of theatrical productions will promote long term employment for all performers employed in legitimate theater productions and that the Recording of the material and uses contemplated by this provision are intended to achieve this objective. Up to a total of 15 minutes of edited rehearsal and/or performance footage per production (which may depict an entire scene or musical number), as well as unlimited Additional Footage, may be used as follows: (1) On websites web sites of the Theatre and/or Production (including third party hosting sites); transferee not- for-profit Theatres; not-for-profit arts and tourism-related agencies of the city, county, state and intra- and inter-inter- state region in which the Theatre is located; local Rotary, Chamber of Commerce Commerce, and local not-for-profit “booster” organizations; media websitesweb sites; arts calendar websites web sites (such as Xxxxxxxx.xxx); third third-party promotional and ticketing services (e.g., e.g. Xxxxxxxxxxxx.xxx, Ticketmaster, XxxXxx.xxx) ); and not-for-profit arts service and arts promotion organizations (e.g., Actors’ Equity Association, Theatre Communications Group, Americans for the Arts). Rule 35. MEDIA: RECORDING & BROADCAST. (2) On websites web sites of sponsors and/or supporters of the Theatre, Theatre and/or Production provided: (a) The Actor’s likeness is used solely to acknowledge the sponsorship or support and is not in any way used directly or indirectly to endorse the sponsor or a specific product of the sponsor; (b) At the time of contracting, the Theatre Producer solicits from the Actor any current or potential professional conflicts that may limit the use of the Actor’s image on the sponsor’s sponsor or supporter’s websiteweb site, and the TheatreProducer, based upon the Actor’s written notification, does not use the Actor’s image in any way that may pose conflicts; (c) The footage is not used for more than two years from commencement of the Actor’s individual employment contract. The Actor may negotiate a lesser time period; , and: (d) The Theatre Producer shall indemnify the Actor against any breach of an Actor exclusivity clause when such breach is a result of the use not authorized by this Rule 35(M38(C)(2). (3) Promotional and publicity Recordings recordings may be delivered through the following platforms, including, but not limited to: mobile technology (including but not limited to cell phones), sales kiosks, lobby loops, podcasts, wallpaper, and video e-blasts. Theatres Producers may also use and provide materials captured Recorded hereunder through other substantially similar delivery platforms that are currently available or as they may evolve. (4) For all usage authorized by this Rule 35(M), 38(C) the TheatreTheatre or Production’s ticket sale information may be presented on the same “page” as the Recordingrecording. If voice-over or other live actor work performance is required, in addition to the permitted performance footage, the applicable SAG-AFTRA Agreement Agreements shall apply to such voice-over or other work. (5) The above time restrictions apply per distribution point, point not per delivery platform. Thus, a permitted Recording recording may be used on a number of different websitesweb sites, not just one Recording recording for the entire web. (6) Recordings may be changed on an individual distribution point (e.g., a single websiteweb site) as often as the Theatre Producer wishes provided the total amount of material on that distribution point at any one time adheres to the time limitations set forth above. (7) Use of footage for any purpose other than specified above is strictly prohibited. For any violation under this Rule, the Actor shall be paid no less than two weeks’ contractual salary in addition to any SAG-AFTRA amounts which may be due.

Appears in 1 contract

Samples: Off Broadway Agreement

Websites and Other Platforms. The League and Actors’ Equity acknowledge that consistent and varied promotion and advertising of theatrical productions will promote long term employment for all performers employed in legitimate theater productions and that the Recording of the material and uses contemplated by this provision are intended to achieve this objective. Up to a total of 15 minutes of edited rehearsal and/or performance footage per production (which may depict an entire scene or musical number), as well as unlimited Additional Footage, may be used as follows: (1) On websites web sites of the Theatre and/or Production (including third party hosting sites); transferee not- for-profit Theatres; not-for-profit arts and tourism-related agencies of the city, county, state and intra- and inter-state region in which the Theatre is located; local Rotary, Chamber of Commerce Commerce, and local not-for-profit “booster” organizations; media websitesweb sites; arts calendar websites web sites (such as Xxxxxxxx.xxx); third third-party promotional and ticketing services (e.g., e.g. Xxxxxxxxxxxx.xxx, Ticketmaster, XxxXxx.xxx) ); and not-for-for- profit arts service and arts promotion organizations (e.g., Actors’ Equity Association, Theatre Communications Group, Americans for the Arts). Rule 35. MEDIA: RECORDING & BROADCAST. (2) On websites web sites of sponsors and/or supporters of the Theatre, Theatre and/or Production provided: (a) The ActorActor or Stage Manager’s likeness is used solely to acknowledge the sponsorship or support and is not in any way used directly or indirectly to endorse the sponsor or a specific product of the sponsor; (b) At the time of contracting, the Theatre Producer solicits from the Actor or Stage Manager any current or potential professional conflicts that may limit the use of the Actor’s their image on the sponsor’s sponsor or supporter’s websiteweb site, and the TheatreProducer, based upon the ActorActor or Stage Manager’s written notification, does not use the Actor’s their image in any way that may pose conflicts; (c) The footage is not used for more than two years from commencement of the Actor’s individual employment contract. The Actor or Stage Manager may negotiate a lesser time period; , and: (d) The Theatre Producer shall indemnify the Actor or Stage Manager against any breach of an Actor or Stage Manager exclusivity clause when such breach is a result of the use not authorized by this Rule 35(M40(C)(2). (3) Promotional and publicity Recordings recordings may be delivered through the following platforms, including, but not limited to: mobile technology (including but not limited to cell phones), sales kiosks, lobby loops, podcasts, wallpaper, and video e-blasts. Theatres Producers may also use and provide materials captured recorded hereunder through other substantially similar delivery platforms that are currently available or as they may evolve. (4) For all usage authorized by this Rule 35(M), 40(C) the TheatreTheatre or Production’s ticket sale information may be presented on the same “page” as the Recordingrecording. If voice-over or other live actor work performance is required, in addition to the permitted performance footage, the applicable SAG-AFTRA Agreement Agreements shall apply to such voice-over or other work. (5) The above time restrictions apply per distribution point, point not per delivery platform. Thus, a permitted Recording recording may be used on a number of different websitesweb sites, not just one Recording recording for the entire web. (6) Recordings may be changed on an individual distribution point (e.g., a single websiteweb site) as often as the Theatre Producer wishes provided the total amount of material on that distribution point at any one time adheres to the time limitations set forth above. (7) Use of footage for any purpose other than specified above is strictly prohibited. For any violation under this Rule, the Actor shall be paid no less than two weeks’ contractual salary in addition to any SAG-AFTRA amounts which may be due.

Appears in 1 contract

Samples: Off Broadway Agreement

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Websites and Other Platforms. Up to a total of 15 minutes of edited rehearsal and/or performance footage per production (which may depict an entire scene or musical number), as well as unlimited Additional Footage, may be used as follows: (1) On websites of the Theatre (including third party hosting sites); transferee not- not-for-profit Theatres; not-for-profit arts and tourism-related agencies of the city, county, state and intra- and inter-state region in which the Theatre is located; local Rotary, Chamber of Commerce and local not-for-profit “booster” organizations; media websites; arts calendar websites (such as Xxxxxxxx.xxx); third party promotional and ticketing services (e.g., Xxxxxxxxxxxx.xxx, Ticketmaster, XxxXxx.xxx) and not-for-profit arts service and arts promotion organizations (e.g., Actors’ Equity Association, Theatre Communications Group, Americans for the Arts). Rule 35. MEDIA: RECORDING & BROADCAST. (2) On websites of sponsors and/or supporters of the Theatre, provided: (a) The Actor’s likeness is used solely to acknowledge the sponsorship or support and is not in any way used directly or indirectly to endorse the sponsor or a specific product of the sponsor; (b) At the time of contracting, the Theatre solicits from the Actor any current or potential professional conflicts that may limit the use of the Actor’s image on the sponsor’s or supporter’s website, and the Theatre, based upon the Actor’s written notification, does not use the Actor’s image in any way that may pose conflicts; (c) The footage is not used for more than two years from commencement of the Actor’s individual employment contract. The Actor may negotiate a lesser time period; and (d) The Theatre shall indemnify the Actor against any breach of an Actor exclusivity clause when such breach is a result of the use not authorized by this Rule 35(M). (3) Promotional and publicity Recordings may be delivered through the following platforms, including, but not limited to: mobile technology (including but not limited to cell phones), sales kiosks, lobby loops, podcasts, wallpaper, and video e-blasts. Theatres may also use and provide materials captured hereunder through other substantially similar delivery platforms that are currently available or as they may evolve. (4) For all usage authorized by this Rule 35(M), the Theatre’s ticket sale information may be presented on the same “page” as the Recording. If voice-over or other live actor work performance is required, in addition to the permitted performance footage, the applicable SAG-AFTRA Agreement shall apply to such voice-over or other work. (5) The above time restrictions apply per distribution point, not per delivery platform. Thus, a permitted Recording may be used on a number of different websites, not just one Recording for the entire web. (6) Recordings may be changed on an individual distribution point (e.g., a single website) as often as the Theatre wishes provided the total amount of material on that distribution point at any one time adheres to the time limitations set forth above. (7) Use of footage for any purpose other than specified above is strictly prohibited. For any violation under this Rule, the Actor or Stage Manager shall be paid no less than two weeks’ contractual salary in addition to any SAG-AFTRA amounts which may be due.. RULE 35. MEDIA: RECORDING & BROADCAST

Appears in 1 contract

Samples: Agreement and Rules Governing Employment in Resident Theatres

Websites and Other Platforms. The League and Actors’ Equity acknowledge that consistent and varied promotion and advertising of theatrical productions will promote long term employment for all performers employed in legitimate theater productions and that the Recording of the material and uses contemplated by this provision are intended to achieve this objective. Up to a total of 15 minutes of edited rehearsal and/or performance footage per production (which may depict an entire scene or musical number), as well as unlimited Additional Footage, may be used as follows: (1) On websites web sites of the Theatre and/or Production (including third party hosting sites); transferee not- for-profit Theatres; not-for-profit arts and tourism-related agencies of the city, county, state and intra- and inter-inter- state region in which the Theatre is located; local Rotary, Chamber of Commerce Commerce, and local not-for-profit “booster” organizations; media websitesweb sites; arts calendar websites web sites (such as Xxxxxxxx.xxx); third third-party promotional and ticketing services (e.g., e.g. Xxxxxxxxxxxx.xxx, Ticketmaster, XxxXxx.xxx) ); and not-for-profit arts service and arts promotion organizations (e.g., Actors’ Equity Association, Theatre Communications Group, Americans for the Arts). Rule 35. MEDIA: RECORDING & BROADCAST. (2) On websites web sites of sponsors and/or supporters of the Theatre, Theatre and/or Production provided: (a) The Actor’s likeness is used solely to acknowledge the sponsorship or support and is not in any way used directly or indirectly to endorse the sponsor or a specific product of the sponsor; (b) At the time of contracting, the Theatre Producer solicits from the Actor any current or potential professional conflicts that may limit the use of the Actor’s image on the sponsor’s sponsor or supporter’s websiteweb site, and the TheatreProducer, based upon the Actor’s written notification, does not use the Actor’s image in any way that may pose conflicts; (c) The footage is not used for more than two years from commencement of the Actor’s individual employment contract. The Actor may negotiate a lesser time period; , and: (d) The Theatre Producer shall indemnify the Actor against any breach of an Actor exclusivity clause when such breach is a result of the use not authorized by this Rule 35(M40(C)(2). (3) Promotional and publicity Recordings recordings may be delivered through the following platforms, including, but not limited to: mobile technology (including but not limited to cell phones), sales kiosks, lobby loops, podcasts, wallpaper, and video e-blasts. Theatres Producers may also use and provide materials captured recorded hereunder through other substantially similar delivery platforms that are currently available or as they may evolve. (4) For all usage authorized by this Rule 35(M), 40(C) the TheatreTheatre or Production’s ticket sale information may be presented on the same “page” as the Recordingrecording. If voice-over or other live actor work performance is required, in addition to the permitted performance footage, the applicable SAG-AFTRA Agreement Agreements shall apply to such voice-over or other work. (5) The above time restrictions apply per distribution point, point not per delivery platform. Thus, a permitted Recording recording may be used on a number of different websitesweb sites, not just one Recording recording for the entire web. (6) Recordings may be changed on an individual distribution point (e.g., a single websiteweb site) as often as the Theatre Producer wishes provided the total amount of material on that distribution point at any one time adheres to the time limitations set forth above. (7) Use of footage for any purpose other than specified above is strictly prohibited. For any violation under this Rule, the Actor shall be paid no less than two weeks’ contractual salary in addition to any SAG-AFTRA amounts which may be due.

Appears in 1 contract

Samples: Off Broadway Agreement

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