Exclusive Use by the Artist Clause Samples

Exclusive Use by the Artist. Upon request of the Artist, the Engager may provide a copy of a photograph taken in accordance with this Article 29:00 (Photograph Calls and Publicity) but not used by the Engager to an Artist for his/her own individual souvenir or promotional use on the following conditions: (i) no payment is required; and (ii) approval of all Artists appearing in the photograph is required for photographs of three (3) Artists or less; during the current term of the Artist’s COA Engagement Contract, any production photograph not disapproved within twenty-four (24) hours of submission to the Artist shall be considered approved; (iii) the Artists must be properly identified in photographs of three (3) Artists or less; (iv) the Engager may recover from the Artist(s) equally such amounts necessary to recover the fee paid to the photographer for the usual and customary processing of the photograph on a one-time basis. Should the Engager subsequently authorize additional use of this production photograph for any other purpose, including its own, the Artist(s) shall be reimbursed accordingly; (v) the Artist shall confirm the limited purposes for which the photograph may be used; and (vi) the Engager shall not be responsible for any subsequent misuse of the photograph, either by the Artist or stemming from the use of the photograph by the Artist. For the purpose of this Clause 29:06(E), “Artist” shall include all artists whose artistic contribution to the production is represented in the photograph. Canadian Opera Agreement 2016-2019 Page | 50