Livestream Addendum

Livestream Addendum


THIS AGREEMENT is dated this  day of  ,  , and is by and between

  (“Author”) and  (“Theater”).

WHEREAS Author and Theater (the "Parties") entered into a contract (the "Contract") originally dated

  for the purpose of allowing the Theater to produce live performances of the Author’s play (the “Work”) in the presence of a live audience;

AND WHEREAS the Theater was, instead, required to close under governmental authority due to the COVID-19 pandemic, thus preventing live performances of the Work under the Contract;

AND WHEREAS the Parties desire to amend the Contract on the terms and conditions set forth in this Agreement to allow for the presentation of livestreamed performances of the Work (the “Livestream Addendum”;

THEREFORE, the Parties hereby agree to modify the Contract as follows:

  1. Permission. To the extent that Author controls such rights, Author hereby permits Theater to present “Livestreamed Performances” of the Work under the terms below.
  1. Livestreamed Performances are defined herein as live performances of the work that are distributed to an audience via an online webcast. They may include livestreams of actors performing in separate locations, or performing together in a single location, but such performances may not be downloadable or recorded in any manner.
  2. [Livestreamed Performances may also include a livestream of an authorized preexisting archival recording of the Work, subject to the Author’s approval of the use of such recording. However, this Addendum is not intended as an agreement for Theater to commission Author to write an original work intended solely for digital performances (a “Virtual Work”). If the parties wish to negotiate an agreement for such a Virtual Work”, the parties should use a separate agreement, including either a WGA agreement then applicable to new media, or a DG model new media agreement, if any then pertains.]
  3. Author’s permission extends only to the text of the Work and does not apply to any other element of the production, as such permission may be required from other parties for a Livestreamed Performance (e.g., cast, designers, etc.)
  1. Term. The term of this Addendum will be [the term outlined in the Contract] or [120 days following the cancelled opening] or [  (other)].
  2. Number of Performances. During the Term, Theater may present [one Livestream Performance for each performance licensed under the Agreement, but in no instance more than once per day (or twice per day for matinee days already contemplated under the Contract)] or [  number of Livestreamed Performances to replace the live stage performances contemplated under Contract].

  1. Secure Platform. The Livestream Performance will exist only on a private, secure streaming platform with proper password access available only to audience members who have purchased tickets, and will not be posted on any open share sites now known or hereafter created (including without limitation, YouTube, Facebook, and Vimeo), unless those sites can be used to create secure, private links. The Secure Platform will not permit duplication, downloading, or redistribution of any kind.
  1. [The Author will have final approval rights over the technology used to present the Livestreamed Performances].
  1. Deactivation. Upon the end of the Term under this Addendum, Theater will deactivate any and all viewing of the Livestreamed Performance. The Theater will verify in writing to the Author that the links and passwords have been deactivated and that no copies, including captures of any kind, have been or will be made of the Livestreamed Performance. Theater acknowledges that its possession of such copy of the Livestreamed Performance after the date of Deactivation will constitute a willful copyright infringement by the Theater, and/or contributory infringement if unauthorized copies of the Livestreamed Performance are publicly displayed or distributed by any third party.
  2. Billing. The Livestreamed Performance will include billing and a biography for the Author [in compliance with the size and placement provided for in the Contract] or [as follows:

  ] Author’s billing and bio will appear on the Theater’s website throughout the Term of the Addendum, with Author’s billing displayed before and/or after each Livestreamed Performance and in the video description on the Secure Platform (if applicable).

  1. Copyright Notification. As part of its opening credits, Theater will include an FBI Anti- Piracy Warning and a warning against any unauthorized public displays of the Livestreamed Performance.
  2. Compensation. Author’s royalty for Livestreamed Performances shall be the same as for the performances under the Contract, with a single Livestreamed Performance representing a single live performance. Theater may expand the number of tickets beyond its seating capacity according to its own judgment, provided royalties are paid on all tickets sold in accordance with the Contract. However, Theater may not exceed the number of Livestreamed Performances without Author’s approval in writing.
  1. Author and Theater may agree to an alternate compensation structure, which will be attached hereto.
  2. If, in addition to (or instead of) ticket sales, the Theater solicits donations with regard to such Livestreamed Performances (including ticket refunds under the Contract that were converted to donations), Theater shall give a portion of such donations, in an amount equal to Author’s royalty under the Contract, to a fund for commissioning new plays (including the fund created by the Dramatists Guild Foundation).
  3. Author is entitled to payment and accountings on the schedule as provided under the Contract.
  4. The Author will be given  link(s) (free of charge) to attend the Livestreamed Performances.

  1. No Vesting. Livestreamed Performances may not be counted as performances that entitle Theater to vest in subsidiary rights, future options, future royalties, rights to extend or re-open, or any other rights requiring vesting under any provision of the Contract.

  1. By agreeing to this Addendum, the Theater’s option to present live stage productions under the terms of the Contract may only be exercised by Author’s subsequent approval in writing.
  1. No Other Changes. Except as otherwise expressly provided in this Agreement, all of the terms and conditions of the Contract remain unchanged and in full force and effect., including but not limited to, the Author’s rights to creative approval, script approval, and the right to be present (remotely, if required by law) during casting sessions and rehearsals for the Livestreamed Performances.
  2. Capitalized Terms. Capitalized terms not otherwise defined in this Agreement will have the meanings ascribed to them in the Contract. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine include the feminine and vice versa. No regard for gender is intended by the language in this Agreement.
  3. Governing Law. Subject to the terms of the Contract, it is the intention of the Parties that this Addendum, and all suits and special proceedings under this Addendum, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of   [state], without regard to the jurisdiction in which any action or special proceeding may be instituted.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this

  Day of  ,  .


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