Common use of Internet Streaming Clause in Contracts

Internet Streaming. In addition to the foregoing, employer shall also have the right to use a program or any portion thereof on the Employer’s website and on PBS and related websites and on-line services for no additional payments during the season(s) when such programs are being exhibited on public television in accordance with the terms of this agreement so long as such websites and/or on-line services do not assess a charge to the consumer for the downloading of such programs. Notwithstanding the foregoing, commercial underwriters of a program may only use clips of two (2) minutes or less from such programs on their websites and such use must be directed at promoting the Underwriter’s public image as opposed to directly advertising the Underwriter’s product. Clips of two (2) minutes or less may also be used on other web sites where such use is limited to news or educational purposes and no payment is made for such use, provided that the clip does not contain a complete production number. If a charge to the consumer for downloading of such programs is assessed, Employer shall notify the AFM and the parties shall negotiate a provision concerning the treatment of such charge. The Producers acknowledge that if the Internet should become the primary medium for exhibition of programming covered by this Agreement (i.e., a majority of viewers view such programming over the Internet instead of through broadcast television), programming produced directly for Internet for such national PBS distribution shall be subject to the terms of this Agreement. Prior to any such application, the Federation will give notice to the Producers of its contention that the Internet has become the primary medium. Should the Producers dispute this contention, the issue shall be subject to arbitration under the rules of the American Arbitration Association applicable to labor arbitrations. Symphony, Opera and Ballet programs are specifically excluded from this provision. TABLE 2 One ½ hour program $166.96 $171.13 $176.26 One hour program $215.68 $221.07 $227.70 One and ½ hour program $323.44 $331.53 $341.48 Each 15 minutes in excess of one and ½ hours $53.93 $55.28 $56.94 Each 15 minutes or fraction thereof $16.42 $16.83 $17.33 Minimum call on any day, not less than $166.96 $171.13 $176.26 Leaders, Single Performers & Contractors Double Instrumentalists’ Rate Makeup and Costuming $78.07 $80.02 $82.42