pittsburgh ballet theatre, inc. - American Guild of Musical Artists

45. FILMING, BROADCASTING, TELEVISING, ETC.The Employer shall not film, broadcast, record or televise, including marketing forcassettes and/or in theater closed circuit television, any performances, rehearsals, concerts orengagements in which the Artist appears by wire, wireless, radio, telephone, wireless process orany motion picture, recording, mechanical, electrical or telephone device now in use or hereafterdeveloped or any combination of such devices; AGMA, however, shall consider the request ofthe Employer for a waiver of the foregoing provision, and the granting of such waiver shall notbe unreasonably withheld.The foregoing notwithstanding, AGMA agrees that the Employer may make study filmson regular rehearsal time under the following conditions:(a)(1) All time spent in such filming shall be considered as rehearsal time and paid for atthe appropriate rate contained in the Basic Agreement.(a)(2) These study films are to be used exclusively for the purpose of recreating,restaging, restudying and recording choreography, and are to be used strictly as a record by theEmployer only.(a)(3) The study films may be used by the Employer only with the consent of the“Owner of the Rights” to the ballet, i.e., choreographer and/or ballet Company.(a)(4) These films may not be used for commercial purposes, theatrical exhibition orany other similar purpose other than specifically provided herein.(a)(5) All such films must be taken under rehearsal conditions.(a)(6) In the event Employer violates any of the provisions contained herein or suchfilms are used by any person or corporation or organization other than the Employer for anypurpose whatsoever, the Employer agrees that he will compensate all members of AGMAappearing in such film at the appropriate rate of compensation and under the conditions of theunion having jurisdiction over such use. The Employer shall not be liable for such compensationif any person, corporation or organization violates the provisions contained herein contrary to theexpress written direction of the Employer.(b) No news crews shall be permitted backstage during performances, dressrehearsals or orchestra rehearsals, except before or after the performance or rehearsal, duringbreaks and during intermission.46. PARTIES BOUND BY THE AGREEMENTThis Agreement shall be known as the “Basic Agreement” and shall, subject to theapproval of AGMA, which approval shall not be unreasonably withheld, be binding upon andshall inure to the benefit of the signatories hereto and all parties who by reason of merger,consolidation, reorganization, sales, assignments, transfer or the like, shall succeed to or beentitled to a substantial part of the business of any signatory and the Employer agrees that its38