43:00 PROGRAMS AND DISPLAYS 43:01 Program Credits and Photographs

The names of all Artists in the company shall be displayed in the front of the Theatre in which they perform within the limitations of the existing facilities and available space.

An eight by ten (8" x 10") inches professional quality photograph of the Artist shall be provided by the Artist and displayed by the Theatre in at least one (1) of two (2) ways as follows:

(i) prominently displayed and properly identified in the lobby; and/or

(ii) reduced to an appropriate size and reproduced, properly identified, in the house program.

43:02 Programs, Errors and Omissions

The Theatre shall list in the program or playbill distributed to the audience the names of all Artists under ITA Engagement Contracts for the production. Stage management personnel shall receive billing for their specific production on either the title page or the cast list page of the house program, placement to be at the Theatre's discretion. The Theatre agrees to remit a copy of the program or playbill to Equity as soon as possible, but in no event later than with the benefits remission after opening (see Clause 16:17).

If there are errors or omissions in this listing, the Theatre agrees that upon receipt of a written notice of an omission or error it will follow the procedures laid down in Article 40:00. The Theatre further agrees that it will correct the error or omission in the next printing, provided written notice is received at least twenty- four (24) hours prior to the press deadline. For each failure to comply with this Clause, the Theatre shall pay the Artist so affected over and above his/her fee, a sum equal to one-eighth (1/8) of the Artist's contractual fee for each week or part thereof during which the error or omission continues.

43:03 Errors and Omissions, Directors and Choreographers

Notwithstanding the above, in the case of a Director or Choreographer, one (1%) percent of his/her total fee shall be substituted wherever the one-eighth (1/8) penalty payment applies in this Article, and one-half (1/2) percent of his/her total fee shall be substituted wherever the one-sixteenth (1/16) penalty payment applies in this Article.

43:04 Program Notice

The Theatre agrees to include the following notice in their house programs: "Name of Theatre" engages under the terms of the Independent Theatre Agreement, professional Artists who are members of Canadian Actors' Equity Association.

The Theatre agrees to display the Canadian Actors' Equity Association emblem in the lobby of the theatre whenever possible. The Equity emblem shall be supplied by Equity and remain the property of Equity and shall be returned on demand.

43:05 Biographical Material in Programs

(A) Artist’s Right of Approval

The Artist shall have right of approval over biographical material and photographs for use in all programs and souvenir publications. This approval shall be in writing and shall not unreasonably be withheld. In the case of photographs, this Clause 43:05 applies only to those in which not more than three (3) Artists appear. Biographical material and photographs not disapproved within forty-eight (48) hours of submission to the Artist shall be considered approved. The Theatre shall determine the space available for, and the placement of such material, but may not delete or change Artist-approved material, unless it secures the Artist's written approval for the deletion or changes.

(B) Biographies Not In Program

If the Theatre elects not to print biographies of the Artist in the program or playbill distributed to the audience, or in the souvenir publication, it shall, as an alternative, provide a biography displayed adjacent to the Artist's photograph in the lobby.

(C) Errors

Significant errors in biographical material published in the program or displayed in the lobby which change the sense, alter the facts, or misspell the names shall be corrected as soon as possible, but, in any event, within two business days of the Artist's written request.

(D) Corrections

Corrections in programs may be made by reprinting the program, or by inserting the correction in the existing program, using a form of words approved by the Artist (such approval shall not be unreasonably withheld). If the error remains uncorrected beyond the two business days specified above, the Theatre shall pay the Artist one-eighth (1/8) of the Theatre's applicable minimum fee for the first week that the error continues, and one-sixteenth (1/16) of the Theatre's applicable minimum fee for each day that the error continues thereafter. For Directors and Choreographers, the provisions of Clause 43:03 shall apply.

43:06 Lobby/House Boards

The names of all Artists must appear adjacent to all photographs and pictures displayed in the lobby or on the house boards.

ITA 2015-2018 | page 77 44:00 PHOTOGRAPHS - COMMERCIAL USE

44:01 Use of Production Photographs for Commercial Use

(A) Written Authorization

For commercial use the Theatre must obtain the Artist's prior written authorization for the use of the Artist’s image which authorization shall identify the photograph to be used and the details of the specific usage to be made of the photograph. The Theatre shall provide Equity with a copy of the Artist’s written authorization upon request.

(B) Payment for Use of

If the Artist consents to the use of his/her image for any commercial use or merchandise he/she shall be paid not less than as specified in the 2015- 2018 ITA Fee Booklet for said use for a period of not more than one hundred and four (104) weeks. Artists called to a photo call for the purpose described above, whether said call is at the theatre or elsewhere, shall be paid not less than as specified in the 2015-2018 ITA Fee Booklet, but need not be paid any additional sums for use of pictures taken during said call.

44:02 Use of Production Photographs - Special Provisions

(A) Use of Production Photographs in Books

The Theatre shall pay the Artist not less than as specified in the 2015- 2018 ITA Fee Booklet for the use of the photographs in any book where the importance of the photographs is equal to or greater than the importance of the text.

45:00 VISUAL OR SOUND RECORDINGS (USE IN PRODUCTION)