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Contract 2007-2011 - American Guild of Musical Artists

Contract 2007-2011 - American Guild of Musical Artists

Contract 2007-2011 - American Guild of Musical Artists

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given), and such photography time, including makeup time, waiting time and travelincidental thereto shall be compensated at the appropriate rehearsal rate.(b) If any Artist is required to attend a call for the purpose <strong>of</strong> posing for orparticipating in photography on the Artist’s Free Day, such call will be not for less thanthree (3) hours for which the Artist shall be compensated at the applicable Penalty Rate.(c) All photos which are used for the Employer’s publicity, promotion, orfundraising purposes in any document which is solely under the Employer’s control inwhich three or fewer <strong>Artists</strong> appear or are featured shall credit the <strong>Artists</strong>.(d) The Employer shall instruct all photographers engaged by theEmployer and admitted to its rehearsals and productions that they may not usephotographs <strong>of</strong> four or more <strong>of</strong> the Employer’s Dancers for any purpose unlessauthorized to use same for a specified purpose which is authorized, in advance and inwriting, by the Employer. A copy <strong>of</strong> each such authorization shall be given to theDancers that are to be photographed, upon request, in advance <strong>of</strong> any suchphotography.(e) The Employer shall instruct all photographers engaged by theEmployer and admitted to its rehearsals and productions that they may not usephotographs in which three or fewer <strong>of</strong> the Employer’s Dancers appear or are featuredfor any purpose other than for the Employer’s publicity, promotion, and fundraisingpurposes unless authorized, to use same for a specified purpose, in advance and inwriting, by the Employer and by each Dancer. A copy <strong>of</strong> each such authorization shall begiven to the Dancers that are to be photographed in advance <strong>of</strong> any such photography.(f) The Employer shall not utilize or release any photograph <strong>of</strong> any Artistin a Principal role until the passage <strong>of</strong> forty-eight (48) hours after affording the Artist anopportunity to review such photograph. The Employer shall consider in good faith anyobjection <strong>of</strong> the Artist to the photograph but the final decision as to the use <strong>of</strong> thephotograph shall be retained by the Employer. Should bona fide circumstances requirethat any such photograph be utilized prior to the expiration <strong>of</strong> such forty-eight (48)hours, the Employer may utilize same without waiting for the Artist’s response. In anyevent, the Employer shall provide access for <strong>Artists</strong> to its files <strong>of</strong> publicity photos, andshould an Artist object in writing that he or she disapproves <strong>of</strong> a photograph <strong>of</strong> three (3)or fewer Dancers previously used by the Employer, the Employer shall not thereafterutilize such photograph.(g) Photographs or other reproducible likenesses <strong>of</strong> four or more Dancersmay be used on promotional items <strong>of</strong>fered for sale by the Employer or its licensee to thepublic which promote the name <strong>of</strong> the Employer, or the Art form <strong>of</strong> Dance. Suchphotographs or other reproducible likenesses <strong>of</strong> three or fewer <strong>Artists</strong> may not belicensed to third parties without written consent <strong>of</strong> Artist(s), provided that such consentshall be deemed to have been granted in the event any Dancer fails to respond to awritten or e-mail request for consent within five (5) business days.(h) Unless <strong>Artists</strong> are notified in writing no less than forty-eight (48) hoursin advance (except where bona fide circumstances require that less than forty-eight (48)hours’ notice be given, in which event no less than twenty-four (24) hours’ notice shall4847-3313-3571.10 49

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