Common use of Foreign Use Clause in Contracts

Foreign Use. A. Programs made under this and prior agreements (except for programs already exhibited in foreign countries and programs such as awards shows, beauty pageants, circuses and ice shows, etc., which prior to this agreement were regularly sold with worldwide exhibition) may be broadcast, (without limits as to number of showings) by means of satellite, basic cable, non-standard (pay) television, recording or other means now or hereafter developed, outside the United States, its territories and possessions (including Puerto Rico) and outside Canada and its territories and possessions, upon television stations where no admission is charged for the privilege of attending or viewing such broadcast, before, during, or after transmission over television, upon payment to each instrumentalist, leader, contractor and production musician who performed services in connection with such program of additional compensation of 45% of the "foreign residual base," defined as scale wages up to a maximum of 150% of applicable minimum scale (air rate plus guaranteed rehearsal) set forth in Exhibit I hereof and 125% for programs over one hour. B. Arrangers, orchestrators and production musicians shall receive for foreign use 45% of actual wages earned at scale, but in no event shall such foreign use payment exceed the foreign use payment to the leader computed at leader's scale. Copyists and Librarians shall receive 45% for foreign use based upon actual wages earned at scale, but in no event shall such foreign use payment exceed the foreign use payment to the instrumentalists computed at scale. C. The rates of pay applicable to programs made under this agreement and transmitted by means of satellite, non-standard, recording or other means now or hereafter developed, for broadcast only in the foreign areas set forth above (without limit as to number of showings), shall be 75% of the scale pay set forth in Exhibits I, II and III hereto. D. Foreign use payments shall be due and payable not later than sixty (60) days following the date of foreign broadcast. E. Where excessive rehearsal hours have resulted from mechanical difficulties and/or failure of equipment, the number of rehearsal hours to be included in the scale pay for the purpose of determining the percentage payments due under this paragraph shall be limited as follows: for a one-half hour program -- a maximum of ten (10) hours; for a one hour program -- a maximum of fifteen (15) hours; for a one and one-half hour or longer program -- a maximum of twenty (20) hours. F. Foreign Use of Live Programs Transmitted by Means of Telstar or Other Similar Devices. 1. Live programs made under this agreement, or any local agreement of even date herewith, and transmitted by means of satellite, non-standard (pay) television, basic cable or other devices now or hereafter developed for broadcast in foreign areas simultaneous with or subsequent to the broadcast in an area set forth in this agreement, shall be subject to the rates and conditions set forth in paragraph A., above. 2. Live programs made under this agreement, or any local agreement of even date herewith, and transmitted by means of satellite, non-standard (pay) television, basic cable or other devices now or hereafter developed for broadcast in foreign areas only, shall be subject to the rates and conditions set forth in paragraph C., above.

Foreign Use. A. Programs made under this and prior agreements (except for programs already exhibited in foreign countries and programs such as awards shows, beauty pageants, circuses and ice shows, etc., which prior to this agreement were regularly sold with worldwide exhibition) may be broadcast, (without limits as to number of showings) by means of satellite, basic cable, non-standard (pay) television, recording or other means now or hereafter developed, outside the United States, its territories and possessions (including Puerto Rico) and outside Canada and its territories and possessions, upon television stations where no admission is charged for the privilege of attending or viewing such broadcast, before, during, or after transmission over television, upon payment to each instrumentalist, leader, contractor and production musician who performed services in connection with such program of additional compensation of 45% of the "foreign residual base," defined as scale wages up to a maximum of 150% of applicable minimum scale (air rate plus guaranteed rehearsal) set forth in Exhibit I hereof and 125% for programs over one hour. B. Arrangers, orchestrators and production musicians shall receive for foreign use 45% of actual wages earned at scale, but in no event shall such foreign use payment exceed the foreign use payment to the leader computed at leader's scale. Copyists and Librarians shall receive 45% for foreign use based upon actual wages earned at scale, but in no event shall such foreign use payment exceed the foreign use payment to the instrumentalists computed at scale. C. The rates of pay applicable to programs made under this agreement and transmitted by means of satellite, non-standard, recording or other means now or hereafter developed, for broadcast only in the foreign areas set forth above (without limit as to number of showings), shall be 75% of the scale pay set forth in Exhibits I, II and III hereto. D. Foreign use payments shall be due and payable not later than sixty (60) days following the date of foreign broadcast. E. Where excessive rehearsal hours have resulted from mechanical difficulties and/or failure of equipment, the number of rehearsal hours to be included in the scale pay for the purpose of determining the percentage payments due under this paragraph shall be limited as follows: for a one-half hour program -- a maximum of ten (10) hours; for a one hour program -- a maximum of fifteen (15) hours; for a one and one-one- half hour or longer program -- a maximum of twenty (20) hours. F. Foreign Use of Live Programs Transmitted by Means of Telstar or Other Similar Devices. 1. Live programs made under this agreement, or any local agreement of even date herewith, and transmitted by means of satellite, non-standard (pay) television, basic cable or other devices now or hereafter developed for broadcast in foreign areas simultaneous with or subsequent to the broadcast in an area set forth in this agreement, shall be subject to the rates and conditions set forth in paragraph A., above. 2. Live programs made under this agreement, or any local agreement of even date herewith, and transmitted by means of satellite, non-standard (pay) television, basic cable or other devices now or hereafter developed for broadcast in foreign areas only, shall be subject to the rates and conditions set forth in paragraph C., above.