IF A COMMERCIAL IS MADE FOR INITIAL USE ON BROADCAST AND/OR CABLE AND IS SUBSEQUENTLY MOVED OVER TO INTERNET OR NEW MEDIA, DOES EXCLUSIVITY STILL APPLY?
Yes. The performer remains bound by exclusivity so long as the producer continues to pay holding fees. Conversely, if the producer pays 300 percent of the applicable session fee for use on the Internet or in new media but does not continue to pay holding fees as required under the broadcast/cable provisions, the performer is released from exclusivity and is free to accept work for a competitive advertiser/product.
Related Questions
- If a commercial is made for broadcast and/or cable and is moved over to Internet or New Media, does exclusivity still apply?
- What if the producer wishes to obtain exclusivity for a commercial made for initial use on the Internet or in New Media?
- WHAT IS THE INITIAL TERM OF USE FOR A BROADCAST AND/OR CABLE COMMERCIAL THAT MOVES OVER TO THE INTERNET OR NEW MEDIA?
