NAME, BIOGRAPHY AND LIKENESS Sample Clauses

NAME, BIOGRAPHY AND LIKENESS. (a) Artist grants to Producer the exclusive perpetual right to use and to license the use of Artist’s name and likeness (subject to Paragraph 9(b) below) in connection with the Picture and in the advertising, promotion, publicity or other exploitation thereof by any means now or hereafter known, provided, however, that in no event shall Artist’s name and likeness be used as a direct endorsement by Artist of any product or service without Artist’s prior written consent. (b) Artist shall be entitled to approve the still photographs and likenesses of Artist used in the advertising and publicity materials (or any other permitted uses of photographs and likenesses) issued by or under the control of Producer in accordance with and subject to the following: [1] Still Approval. Producer shall submit to Artist a reasonable number of still photographs (“Stills”) (which may be on “proof” or “contact’’ sheets) which Producer intends to use in connection with the advertising and/or publicity for the Picture. Artist shall approve at least fifty percent (50%) of the Stills within five (5) business days after Artist’s receipt thereof, or such shorter period (but not less than forty-eight [48] hours) as Producer may require due to marketing exigencies. Artist’s failure to notify Producer of Artist’s disapproval of any Stills received by Artist within such five (5) business day (or shorter, if applicable) period shall be deemed to constitute Artist’s approval of the Stills submitted; provided, however, that if Artist approves fewer than fifty percent (50%) of the Stills so submitted, Producer may only deem approved by Artist such number of Stills as equal the difference between fifty percent (50%) and the percentage of Stills from such submission actually approved by Artist. [2] Likeness Approval. Artist shall have the right to approve one hundred percent (100%) of all non-photographic likenesses of Artist for use in connection with Producer’s advertising and/or exploitation of the Picture. If Artist disapproves a non-photographic likeness, then Artist will advise Producer of Artist’s specific objections to the disapproved non-photographic likeness within five (5) business days after submission thereof (or such shorter time period as Producer may require due to marketing exigencies, but not less than forty-eight [48] hours). Artist’s failure to notify Producer of Artist’s disapproval of any non­-photographic likenesses received by Artist within such five (5) business day (o...