Common use of Broadcast Materials Produced on Writer's Own Time Clause in Contracts

Broadcast Materials Produced on Writer's Own Time. All broadcast materials (as defined in Paragraph A herein) produced on the Writer's own time shall belong exclusively to the Writer who shall retain full title therein, legal and equitable, and shall have the right at any time to use or dispose of such materials for his/her own complete benefit and advantage; provided, however, that during the term of his/her employment before the Writer shall use or permit the use of any such material for or in connection with any broadcast purpose, or use or permit the use of any such material having as its primary subject matter any broadcast activity, he/she shall first submit to the Company both the material and a complete offer for the Company's use of such material. Following the submission of such offer, the Company shall have five business days in which to accept it in writing. In the event the Company does not accept the offer, or in the event that such period is not extended by mutual consent of the Company and the Writer, such offer shall be deemed to have been rejected and the Writer shall be free to offer it to a third party. Before making any offer to a third party on terms and conditions more favorable to such third party than those offered to the Company, the Writer shall give the Company written notification of the terms of such offer and the Company shall have forty-eight (48) hours (excluding Saturdays and Sundays) after such notification within which to accept such new offer, otherwise it shall be deemed to have been rejected and the Writer shall be free to conclude negotiations with any third party. If within six months after the Company's rejection of such offer, the Writer has not consummated an agreement, or is not then negotiating in good faith with some third party with respect to any agreement for the use of such material, then before the Writer can use or license the use of such material to any third party for or in connection with any broadcast purpose, he/she must again offer it to the Company in the same manner as above provided. This procedure shall be followed after each offer to the Company. Subject to the foregoing the Company agrees, if requested to do so, to execute and deliver any necessary and appropriate instrument requested by a Writer to evidence his/her rights to use any of the said material. It is further provided that where a Writer claims to have produced such broadcast materials on his/her own time, he/she must within five (5) business days of the creation thereof in order to have a basis for any claim against the Company for use thereof by the Company, submit a written statement to the Company as to what material has been created and the circumstances under which it was created; and further provided that this Paragraph shall not apply to any script for a program to which he/she is then assigned as part of his/her staff duties.

Broadcast Materials Produced on Writer's Own Time. All broadcast materials (as defined in Paragraph A herein) produced on the Writer's ’s own time shall belong exclusively exclu- sively to the Writer who shall retain full title therein, legal and equitable, and shall have the right at any time to use or dispose of such materials for his/her own complete benefit and advantage; provided, however, that during the term of his/her employment before the Writer shall use or permit the use of any such material for or in connection with any broadcast purpose, or use or permit the use of any such material having as its primary subject sub- ject matter any broadcast activity, he/she shall first submit to the Company both the material mate- rial and a complete offer for the Company's ’s use of such material. Following the submission submis- sion of such offer, the Company shall have five business days in which to accept it in writingwrit- ing. In the event the Company does not accept the offer, or in the event that such period is not extended by mutual consent of the Company and the Writer, such offer shall be deemed to have been rejected and the Writer shall be free to offer it to a third party. Before making any offer to a third party on terms and conditions more favorable to such third party than those offered to the Company, the Writer shall give the Company written notification noti- fication of the terms of such offer and the Company shall have forty-eight (48) hours (excluding Saturdays and Sundays) after such notification within which to accept such new offer, otherwise it shall be deemed to have been rejected and the Writer shall be free to conclude negotiations with any third party. If within six months after the Company's ’s rejection of such offer, the Writer has not consummated an agreement, or is not then negotiating nego- tiating in good faith with some third party with respect to any agreement for the use of such material, then before the Writer can use or license the use of such material to any third party for or in connection with any broadcast purpose, he/she must again offer it to the Company in the same manner as above provided. This procedure shall be followed after each offer to the Company. Subject to the foregoing the Company agrees, if requested request- ed to do so, to execute and deliver any necessary and appropriate instrument requested by a Writer to evidence his/her rights to use any of the said material. It is further provided that where a Writer claims to have produced such broadcast materials mate- rials on his/her own time, he/she must within five (5) business days of the creation thereof in order to have a basis for any claim against the Company for use thereof by the Company, submit a written statement to the Company as to what material has been created and the circumstances under which it was created; and further provided that this Paragraph shall not apply to any script for a program to which he/she is then assigned as part of his/her staff duties.

Broadcast Materials Produced on Writer's Own Time. All broadcast materials (as defined in Paragraph A herein) produced on the Writer's ’s own time shall belong exclusively exclu- sively to the Writer who shall retain full title therein, legal and equitable, and shall have the right at any time to use or dispose of such materials for his/her own complete benefit and advantage; provided, however, that during the term of his/her employment before the Writer shall use or permit the use of any such material for or in connection with any broadcast purpose, or use or permit the use of any such material having as its primary subject sub- ject matter any broadcast activity, he/she shall first submit to the Company both the material mate- rial and a complete offer for the Company's ’s use of such material. Following the submission submis- sion of such offer, the Company shall have five business days in which to accept it in writingwrit- ing. In the event the Company does not accept the offer, or in the event that such period is not extended by mutual consent of the Company and the Writer, such offer shall be deemed to have been rejected and the Writer shall be free to offer it to a third party. Before making any offer to a third party on terms and conditions more favorable to such third party than those offered to the Company, the Writer shall give the Company written notification noti- fication of the terms of such offer and the Company shall have forty-eight (48) hours (excluding Saturdays and Sundays) after such notification within which to accept such new offer, otherwise it shall be deemed to have been rejected and the Writer shall be free to conclude negotiations with any third party. If within six months after the Company's ’s rejection of such offer, the Writer has not consummated an agreement, or is not then negotiating nego- tiating in good faith with some third party with respect to any agreement for the use of such material, then before the Writer can use or license the use of such material to any third party for or in connection with any broadcast purpose, he/she must again offer it to the Company in the same manner as above provided. This procedure shall be followed after each offer to the Company. Subject to the foregoing the Company agrees, if requested request- ed to do so, to execute and deliver any necessary and appropriate instrument requested by a Writer to evidence his/her rights to use any of the said material. It is further provided that where a Writer claims to have produced such broadcast materials mate- rials on his/her own time, he/she must within five (5) business days of the creation thereof there- of in order to have a basis for any claim against the Company for use thereof by the Company, submit a written statement to the Company as to what material has been created creat- ed and the circumstances under which it was created; and further provided that this Paragraph shall not apply to any script for a program to which he/she is then assigned as part of his/her staff duties.