Producer must contact performer(s) and separately bargain for extended or unlimited editing rights. Can a producer ask for a “clean contract” (“all standard provisions at scale”) at the time of audition?
Demanding a “clean contract” (“all standard provisions at scale”) is a clear violation of the Commercials Contracts. Producer may inform performer of intent to hire at scale, so long as the Producer delineates the rights to be acquired. Performers who do not accept the terms as set out by the Producer have the right to audition and negotiate for higher terms. What if a producer wishes to use, on broadcast or cable, a commercial originally made for New Media or Internet use? The Producer must obtain the consent of the performer and bargain for payment of not less than the required contract minimums for such uses, plus the difference between what was paid for the New Media or Internet use and not less than 300% of the applicable session fee for 1 year of use and an additional payment of not less than 300% of the applicable session fee for an additional year, subject to the contractual limitations regarding the maximum period of use. Example: Commercial is made for the Internet, and 6 mon
