BALLET WEST/AMERICAN GUILD OF MUSICAL ARTISTS

C. PHOTOGRAPHY1. No photo calls shall be permitted on a two (2) Performance day.2. EMPLOYER agrees that if it shall require any ARTIST to pose for orparticipate in any photographs for any purpose of the EMPLOYER notcovered by Section VIII.B.2 of this Agreement, ARTIST shall receive atleast forty-eight (48) hours notice of said photographing, and suchphotography time including waiting time shall be compensated at theappropriate rehearsal rate.3. If the ARTIST is required to pose for photographs on the ARTIST FreeDay, such call will be not for less than three (3) hours for which theARTIST shall be compensated at the applicable penalty rate.4. Individual pictures used in souvenir booklets shall be mutually acceptableto the ARTIST and the EMPLOYER. ARTISTs’ names shall appear alongwith all solo and duo photos on EMPLOYER brochures and publicitymaterials.5. All photos which are used for publicity purposes in any document which issolely under the EMPLOYER’s control which have two (2) ARTISTs orless, must be approved by the ARTIST involved and shall credit theARTIST. For all ARTISTs who were engaged by EMPLOYER for theperiod beginning five (5) years before the date of the selection of suchARTIST’s photograph, including current ARTISTs, the ARTIST shall beentitled to approve all individual photographs and any biographicalsketches. If a currently engaged ARTIST fails to respond toEMPLOYER’s request to approve photographs within five (5) businessdays of making such request, or if a former ARTIST fails to respondwithin twenty-one (21) business days of such request, EMPLOYER mayconsider said photographs approved without the consent of the ARTIST.EMPLOYER need not get additional approval if such approval haspreviously been obtained by the ARTIST depicted in the photograph.EMPLOYER shall use its best efforts to locate such ARTIST.6. Photographs of the ARTIST used in any place, such as websites, theinternet, or for any commercial purpose, theatrical exhibition, or any otherpurpose will not be altered by the EMPLOYER in any manner withoutapproval of the ARTIST.7. Photographs or other reproducible likenesses of ARTIST paid for by theEMPLOYER may be used on promotional items offered for sale to thePublic which promote the name of the EMPLOYER, the name of theARTIST, or the Art form of Dance. Such items or likenesses may not belicensed to third parties without written consent of ARTIST.80