BALLET WEST/AMERICAN GUILD OF MUSICAL ARTISTS

g. In the event that EMPLOYER has a contract with an entity filmingthe ARTISTs, EMPLOYER shall insure that such contract containsa provision requiring the entity to comply with the provisions ofthis Agreement. If the news clip is used or taken in any mannerother than hereto expressly authorized, the appropriate rates andconditions of SAG or AFTRA, whichever medium is used, shallprevail.h. Videotaping for promotional tapes may take place during a regularrehearsal, performance or a call specifically for the purposes ofsuch taping. All time involved in such taping shall be considered“called time” and the provisions of this Agreement relative torehearsals/performance conditions, hours available and rest breaksshall apply.i. Promotional videotapes may be distributed, played and broadcastwithout restriction providing the total airtime for any one ARTISTdoes not exceed ninety (90) seconds and no ballet is shown in itsentirety.j. Except for Education and Training purposes, the EMPLOYERshall not transmit or allow to be transmitted, the performance ofany ARTIST in real time via closed circuit television except tovarious locations in the theater where the performance is occurringfor purposes such as allowing “latecomers” to view theperformance until they can be seated and for cueing.3. Commercial Recording/Side letterThe EMPLOYER and AGMA agree to negotiate a Media Agreement tocover the release of ARTISTs’ work product in all media, including but notlimited to release on radio, television, DVD, sound recordings, over theInternet or otherwise. Should the EMPLOYER intend to make anaudio/visual record, on tape, film, in a digital medium or any othermedium for commercial use (e.g. PBS Broadcast, Videotape, DVD,Internet Streaming, or any medium whatsoever now in existence or in thefuture to be developed) prior to the completion of such an Agreement, theEMPLOYER shall notify the AGMA Delegate(s) and Area Representativein writing, at least sixty (60) days prior and shall negotiate in good faithfor a separate specific agreement regarding such recording. TheEMPLOYER recognizes AGMA as the Exclusive Bargaining Agent for allARTISTs for the purpose of negotiating any such side letter agreement.No commercial release of ARTIST work product may be made without theexpress agreement of AGMA.79