What if a producer wishes to use, on broadcast or cable, a commercial originally made for New Media or Internet use?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 months into the negotiated 1 year maximum period of use, Producer wishes to air the commercial on broadcast television. Producer contacts performer’s agent for consent, and bargains for use. Original payment for Internet use was $567.10. Therefore, 2 additional payments of $567.10 are due to meet the minimum 300% requirement, plus any broadcast use payments. Holding fee payments must also be paid.
