WHAT IF INTERNET OR NEW MEDIA USE IS NOT NEGOTIATED AT THE TIME OF ENGAGEMENT?
There are two possible scenarios: Scenario 1: If a Producer does not initially bargain for Internet or new media use, and the performer does not check off the “do not consent” boxes on the employment contract, the producer has the right to pay a minimum of 300 percent of the applicable session fee for Internet or new media use for a one-year term. This term begins at the time of use, but may not exceed the original 21-month maximum period of use. Payment for such use shall be paid no later than 15 working days after the first date of use. Scenario 2: If the performer does check off the “do not consent” boxes on the employment contract, the producer must first obtain written consent from the performer, and must bargain for use at not less than 300 percent of the applicable session fee. The term of use is one year from the first use, but no later than the expiration of the 21-month maximum period of use. Payment for such use shall be paid no later than 15 working days after the first dat