Common use of Assertion of the MC IP Exception Clause in Contracts

Assertion of the MC IP Exception. 5.5.1.1 Content Participant may assert the MC IP Exception for a particular Title in a particular country in the event that Content Participant has a good faith belief that any of the intellectual property rights in such Title required to comply with the Mandatory MC Obligations for the Digital Entertainment Content included in the applicable Licensed Content Product in such country (i) are not held by Content Participant or (ii) are at issue (in each case, a “Good Faith Belief of Rights Issue”). 5.5.1.2 Content Participant shall assert the MC IP Exception by notifying AACS LA at the time of completing the Managed Copy Checklist (as defined in the Compliance Rules), or in a subsequent revision to such Managed Copy Checklist, which such notification shall specify the affected Title and country. Such Managed Copy Checklist shall be submitted prior to Release of the applicable Licensed Content Product in such country, and if the Checklist fails to assert the MC IP Exception, then subsequent revisions to such Managed Copy Checklist may assert the MC IP Exception only if (i) such failure was inadvertent, despite the Content Participant having reasonable monitoring procedures in place, or (ii) Content Participant determines, on the basis of facts and circumstances that become known to the Content Participant after the original submission of such Managed Copy Checklist, that Content Participant has a Good Faith Belief of Rights Issue with respect to such Licensed Content Product.

Assertion of the MC IP Exception. 5.5.1.1 Content Participant Provider may assert the MC IP Exception for a particular Title in a particular country in the event that Content Participant Provider has a good faith belief that any of the intellectual property rights in such Title required to comply with the Mandatory MC Obligations for the Digital Entertainment Content included in the applicable Licensed Content Product in such country (i) are not held by Content Participant Provider or (ii) are at issue (in each case, a “Good Faith Belief of Rights Issue”). 5.5.1.2 Content Participant Provider shall assert the MC IP Exception by notifying AACS LA at the time of completing the Managed Copy Checklist (as defined in the Compliance Rules), or in a subsequent revision to such Managed Copy Checklist, which such notification shall specify the affected Title and country. Such Managed Copy Checklist shall be submitted prior to Release of the applicable Licensed Content Product in such country, and if the Checklist fails to assert the MC IP Exception, then subsequent revisions to such Managed Copy Checklist may assert the MC IP Exception only if (i) such failure was inadvertent, despite the Content Participant Provider having reasonable monitoring procedures in place, or (ii) Content Participant Provider determines, on the basis of facts and circumstances that become known to the Content Participant Provider after the original submission of such Managed Copy Checklist, that Content Participant Provider has a Good Faith Belief of Rights Issue with respect to such Licensed Content Product.