BALLET WEST/AMERICAN GUILD OF MUSICAL ARTISTS

SECTION VIII. MEDIA/PUBLICITY/PROMOTIONAL MATERIALA. PROGRAM LISTING/PUBLICITY MATERIAL1. While ARTISTS are under contract, all publicity is controlled by theEMPLOYER. ARTISTs shall cooperate by providing publicityinformation to the EMPLOYER. ARTISTs shall not communicate withthe Media about work-related subject matter without coordinating with theEMPLOYER. ARTISTs will cooperate with all reasonable requests forpublicity/promotional activities2. The EMPLOYER shall have listed in the program distributed to theaudience, or on a reader board in the main lobby, or have announced to theaudience, the names of all ARTISTs who perform PRINCIPAL andSOLOIST roles, as designated by the Artistic Director.3. The EMPLOYER shall place the following phrase into each and everyprogram “Ballet West is an American Guild of Musical Artists company.”4. In the event changes occur in the casting listed on the Reader Board in thelobby, EMPLOYER shall announce to the audience, prior to theperformance from the stage or stage manager’s microphone, all changesfor PRINCIPAL and SOLOIST roles.5. EMPLOYER shall not market, publicize or announce any informationregarding program or repertoire for a given contract year without firstgiving such information to ARTISTs.B. FILMING, BROADCASTING, TELEVISION, ETC.Except as provided below, the EMPLOYER shall not videotape, film, broadcast,record or digitize, and/or televise, with the exception of in-theater closed circuittelevision, any performances, rehearsals, concerts or engagements in which theARTIST appears by wire, wireless, radio, telephone wireless process or anymotion picture, recording, mechanical, electrical, or digital, or telephone devicenow in use or hereafter developed or any combination of such devices; AGMAhowever, shall consider the request of the EMPLOYER for a waiver of theforegoing provision and the granting of such waiver shall not be unreasonablywithheld.Any and all films/videotapes made under this paragraph may not be distributed,publicly performed, or used for commercial purposes, theatrical exhibition or anyother purpose other than specifically provided herein. In the event theEMPLOYER violates any of the provisions contained herein or such videotapesor films are used by any person or corporation or organization other than theEMPLOYER for any purpose whatsoever, the EMPLOYER agrees that it willcompensate all ARTISTs appearing in such film at the appropriate rate ofcompensation and conditions of the union having jurisdiction over such use.Nothing herein shall operate to relieve the EMPLOYER of ultimate responsibility76