Common use of COPYRIGHT AND TRADEMARKS Clause in Contracts

COPYRIGHT AND TRADEMARKS. (a) All right, title and interest, of every kind whatsoever, in the United States and throughout the world, in (i) any work, including the copyright thereof (for the full terms and extensions thereof in every jurisdiction), created by the Executive at any time during the term of this Agreement and all material embodiments of the work subject to such rights; and (ii) all inventions, ideas, discoveries, designs and improvements, patentable or not, made or conceived by the Executive at any time during the term of this Agreement, shall be and remain the sole property of the Company without payment of any further consideration to the Executive other than as set forth herein, and each such work shall, for purposes of United States copyright law, be deemed created by the Executive pursuant to his duties under this Agreement and within the scope of his employment and shall be deemed a work made for hire; and Executive agrees to assign, at the Company's expense, and the Executive does hereby assign, all of his right, title and interest in and to all such works, copyrights, materials, inventions, ideas, discoveries, designs and improvements, patentable or not, and any copyrights, letters patent, trademarks, trade secrets, and similar rights, and the applications therefor, which may exist or be issued with respect thereto. For the purposes of this Section 8, "WORKS" shall include all materials created during the term of this Agreement, whether or not ever used by or submitted to the Company, including, without limitation, any work which may be the subject matter of a copyright under the United States copyright law. In addition to its other rights, the Company may copyright any such work in its name in the United States in accordance with the requirements of the United States copyright law and the Universal Copyright Convention and any other convention or treaty to which the United States is or may become a party. In accordance with California Labor Code Sections 2870 and 2872, the provisions of this Section 8(a) shall not apply to any works that Executive developed entirely on his own time without using the Company's equipment, supplies, facilities or proprietary information, except for those works that either: (i) relate at the time of conception or reduction to practice of the work to the Company's business, or actual or demonstrably anticipated research or development of the Company; or (2) result from any work performed by Executive for the Company.

Appears in 2 contracts

Samples: Employment Agreement (Future Media Productions), Employment Agreement (Future Media Productions)

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COPYRIGHT AND TRADEMARKS. (a) All right, title and interest, of every kind whatsoever, in the United States and throughout the world, in (i) any work, including the copyright thereof (for the full terms and extensions thereof in every jurisdiction), created by the Executive at any time during the term of this Agreement Employment Term, and all material embodiments of the work subject to such rights; and (ii) all inventions, ideas, discoveries, designs and improvements, patentable or not, made or conceived by the Executive at any time during the term of this AgreementEmployment Term, shall be and remain the sole property of the Company without payment of any further consideration to the Executive or any other person than as set forth herein, and each such work shall, for purposes of United States copyright law, be deemed created by the Executive pursuant to his her duties under this Agreement and within the scope of his her employment and shall be deemed a work made for hire; and Executive agrees to assign, at the Company's expense, and the Executive does hereby assign, all of his her right, title and interest in and to all such works, copyrights, materials, inventions, ideas, discoveries, designs and improvements, patentable or not, and any copyrights, letters patent, trademarks, trade secrets, and similar rights, and the applications therefor, which may exist or be issued with respect thereto. For the purposes of this Section 8, "WORKSworks" shall include all materials created during the term of this AgreementEmployment Term, whether or not ever used by or submitted to the Company, including, without limitation, any work which may be the subject matter of a copyright under the United States copyright law. In addition to its other rights, the Company may copyright any such work in its name in the United States in accordance with the requirements of the United States copyright law and the Universal Copyright Convention and any other convention or treaty to which the United States is or may become a party. In accordance with California Labor Code Sections 2870 Notwithstanding the foregoing, Executive is hereby notified and 2872, the provisions of acknowledges that this Section 8(a) shall does not apply (i) to an invention which qualifies fully under the provisions of Section 2870 of the California Labor Code and/or (ii) to any works that Executive work(s) which were developed entirely on his Executive's own time without using the Company's equipment, supplies, facilities facilities, or proprietary informationtrade secrets, except for those works that either: (i) relate at the time as to any of conception or reduction to practice of the work these which are related to the Company's business, business or actual or demonstrably anticipated research or development of the Company. (b) Whenever the Company shall so request, whether during or after the Employment Term, the Executive shall execute, acknowledge and deliver all applications, assignments or other instruments; make or cause to be made all rightful oaths; testify in all legal proceedings; communicate all known facts which relate to such works, copyrights, inventions, ideas, discoveries, designs and improvements; perform all lawful acts and otherwise render all such assistance as the Company may deem necessary to apply for, obtain, register, enforce and maintain any copyrights, letters patent and trademark registrations of the United States or any foreign jurisdiction or under the Universal Copyright Convention (2) result from or any work performed by other convention or treaty to which the United States is or may become a party), or otherwise to protect the Company's interests therein, including any which the Company shall deem necessary in connection with any proceeding or litigation involving the same. The Company shall reimburse the Executive for all reasonable out-of-pocket costs incurred by the Executive in testifying at the Company's request or in rendering any other assistance requested by the Company pursuant to this Section 8 plus (if Executive is not then an employee of the Company) reasonable compensation based on her prior compensation by the Company . All registration and filing fees and similar expenses shall be paid by the Company.

Appears in 1 contract

Samples: Employment Agreement (Equity Marketing Inc)

COPYRIGHT AND TRADEMARKS. (a) All right, title and interest, of every kind whatsoever, in the United States and throughout the world, in (i) any work, including the copyright thereof (for the full terms and extensions thereof in every jurisdiction), created by the Executive at any time during the term of this Agreement Employment Term, and all material embodiments of the work subject to such rights; and (ii) all inventions, ideas, discoveries, designs and improvements, patentable or not, made or conceived by the Executive at any time during the term of this AgreementEmployment Term, shall be and remain the sole property of the Company Group without payment of any further consideration to the Executive or any other person than as set forth herein, and each such work shall, for purposes of United States copyright law, be deemed created by the Executive pursuant to his her duties under this Agreement and within the scope of his her employment and shall be deemed a work made for hire; and Executive agrees to assign, at the Company's ’s expense, and the Executive does hereby assign, all of his her right, title and interest in and to all such works, copyrights, materials, inventions, ideas, discoveries, designs and improvements, patentable or not, and any copyrights, letters patent, trademarks, trade secrets, and similar rights, and the applications therefor, which may exist or be issued with respect theretothereto to the Company Group. For the purposes of this Section 8, "WORKS" “works” shall include all materials created during the term of this AgreementEmployment Term, whether or not ever used by or submitted to the CompanyCompany Group, including, without limitation, any work which may be the subject matter of a copyright under the United States copyright law. In addition to its other rights, the Company Group may copyright any such work in its name any of their names in the United States in accordance with the requirements of the United States copyright law and the Universal Copyright Convention and any other convention or treaty to which the United States is or may become a party. In accordance with California Labor Code Sections 2870 Notwithstanding the foregoing, Executive is hereby notified and 2872, the provisions of acknowledges that this Section 8(a) shall does not apply (i) to an invention which qualifies fully under the provisions of Section 2870 of the California Labor Code and/or (ii) to any works that Executive work(s) which were developed entirely on his Executive’s own time without using the Company's Company Group’s equipment, supplies, facilities facilities, or proprietary informationtrade secrets, except for those works that either: (i) relate at the time as to any of conception or reduction to practice of the work these which are related to the Company's business, Company Group’s business or actual or demonstrably anticipated research or development of the CompanyCompany Group. (b) Whenever the Company Group shall so request, whether during or after the Employment Term, the Executive shall execute, acknowledge and deliver all applications, assignments or other instruments; make or cause to be made all rightful oaths; testify in all legal proceedings; communicate all known facts which relate to such works, copyrights, inventions, ideas, discoveries, designs and improvements; perform all lawful acts and otherwise render all such assistance as the Company Group may deem necessary to apply for, obtain, register, enforce and maintain any copyrights, letters patent and trademark registrations of the United States or any foreign jurisdiction or under the Universal Copyright Convention (2) result from or any work performed by other convention or treaty to which the United States is or may become a party), or otherwise to protect the Company Group’s interests therein, including any which the Company Group shall deem necessary in connection with any proceeding or litigation involving the same. The Company Group shall reimburse the Executive for all reasonable out-of-pocket costs incurred by the CompanyExecutive in testifying at the Company Group’s request or in rendering any other assistance requested by the Company Group pursuant to this Section 8 plus (if Executive is not then an employee of the Company Group) reasonable compensation based on her prior compensation by the Company Group. All registration and filing fees and similar expenses shall be paid by the Company Group.

Appears in 1 contract

Samples: Employment Agreement (EMAK Worldwide, Inc.)

COPYRIGHT AND TRADEMARKS. (a) All right, title and interest, of every kind whatsoever, in the United States and throughout the world, in (i) any work, including the copyright thereof (for the full terms and extensions thereof in every jurisdiction), created by the Executive Xxxxxx at any time during the term of this Agreement his employment and all material embodiments of the work subject to such rights; and (ii) all inventions, ideas, discoveries, designs and improvements, patentable or not, made or conceived by the Executive Xxxxxx at any time during the term of this Agreement, his employment shall be and remain the sole property of the Company without payment of any further consideration to the Executive Xxxxxx or any other person than as set forth herein, unless otherwise agreed to in writing between Xxxxxx and either Xxxxxx or Xxxxxxxx, and each such work shall, for purposes of United States copyright law, be deemed created by the Executive Xxxxxx pursuant to his duties under this Agreement and within the scope of his employment and shall be deemed a work made for hire; and Executive Xxxxxx agrees to assign, at the Company's expense, and the Executive Xxxxxx does hereby assign, all of his right, title and interest in and to all such works, copyrights, materials, inventions, ideas, discoveries, designs and improvements, patentable or not, and any copyrights, letters patent, trademarks, trade secrets, and similar rights, and the applications therefor, which may exist or be issued with respect thereto. For the purposes of this Section 8, "WORKS" shall include all materials created during the term period of this AgreementXxxxxx'x employment, whether or not ever used by or submitted to the Company, including, without limitation, any work which may be the subject matter of a copyright under the United States copyright law. In addition to its other rights, the Company may copyright any such work in its name in the United States in accordance with the requirements of the United States copyright law and the Universal Copyright Convention and any other convention or treaty to which the United States is or may become a party. In accordance with California Labor Code Sections 2870 and 2872, the provisions of this Section 8(a) shall not apply to any works that Executive developed entirely on his own time without using the Company's equipment, supplies, facilities or proprietary information, except for those works that either: (i) relate at the time of conception or reduction to practice of the work to the Company's business, or actual or demonstrably anticipated research or development of the Company; or (2) result from any work performed by Executive for the Company.

Appears in 1 contract

Samples: Employment Agreement (Spyglass Entertainment Group Inc)

COPYRIGHT AND TRADEMARKS. (a) All As to all concepts that are similar to or competitive with the products or services of the Company as referenced in Section 1(e) of this Agreement, all right, title and interest, of every kind whatsoever, in the United States and throughout the world, in (i) any work, including the copyright thereof (for the full terms and extensions thereof in every jurisdiction), created by the Executive Consultant at any time during the term of this Agreement and all material embodiments of the work subject to such rights; and (ii) all inventions, ideas, discoveries, designs design and improvements, patentable or not, made or conceived by the Executive Consultant at any time during the term of this Agreement, shall be and remain the sole property of the Company without payment of any further consideration to the Executive Consultant or any other than as set forth hereinperson, and each such work shall, for purposes of United States copyright law, be deemed created by the Executive Consultant pursuant to his duties under this Agreement and within the scope of his employment engagement and shall be deemed a work made for hire; and Executive the Consultant agrees to assign, at the Company's expense, and the Executive Consultant does hereby assign, all of his right, title and interest in and to all such works, copyrights, materials, inventions, ideas, discoveries, designs and improvements, patentable or not, and any copyrights, letters patent, trademarks, trade secrets, and similar rights, and the applications therefor, which may exist or be issued with respect thereto. For the purposes of this Section 812, such "WORKS" shall include all such materials created during the term of this Agreement, whether or not ever used by or submitted to the Company, including, without limitation, any work which may be the subject matter of a copyright under the United States copyright law. In addition to its other rights, the Company may copyright any such work in its name in the United States in accordance with the requirements of the United States copyright law and the Universal Copyright Convention and any other convention or treaty to which the United States is or may become a party. In accordance with California Labor Code Sections 2870 and 2872. (b) Whenever the Company shall so request, whether during or after the term of this Agreement, the provisions Consultant shall execute, acknowledge and deliver all applications, assignments or other instrument; make or cause to be made all rightful oaths; testify in all legal proceedings; communicate all known facts which relate to such works, copyright, inventions, ideas, discoveries, designs and improvements; perform all lawful acts and otherwise render all such assistance as the Company may deem necessary to apply for, obtain, register, enforce and maintain any copyrights, letters patent and trademark registrations of this Section 8(a) the United States or any foreign jurisdiction or under the Universal Copyright Convention (or any other convention or treaty to which the United States is or may become a party), or otherwise to protect the company's interests therein, including any which the Company shall not apply to deem necessary in connection with any works that Executive developed entirely on his own time without using proceeding or litigation involving the same. The Company shall reimburse the Consultant for all reasonable out-of-pocket costs incurred by the Consultant in testifying at the Company's equipment, supplies, facilities request or proprietary information, except for those works that either: (i) relate at in rendering any other assistance requested by the time of conception or reduction Company pursuant to practice of the work to the Company's business, or actual or demonstrably anticipated research or development of the Company; or (2) result from any work performed this Section 12. All registration and filing fees and similar expenses shall be paid by Executive for the Company.

Appears in 1 contract

Samples: Consulting Agreement (Equity Marketing Inc)

COPYRIGHT AND TRADEMARKS. (a) All right, title and interest, of every kind whatsoever, in the United States and throughout the world, in (i) any work, including the copyright thereof (for the full terms and extensions thereof in every jurisdiction), created by the Executive at any time during his employment by the term of this Agreement Company, and all material embodiments of the work subject to such rights; and (ii) all inventions, ideas, discoveries, designs and improvements, patentable or not, made or conceived by the Executive at any time during the term of this Agreementhis employment by the Company, shall be and remain the sole property of the Company without payment of any further consideration to the Executive or any other person than as set forth herein, and each such work shall, for purposes of United States copyright law, be deemed created by the Executive pursuant to his duties under this Agreement as an employee of the Company and within the scope of his employment and shall be deemed a work made for hire; and Executive agrees to assign, at the Company's expense, and the Executive does hereby assign, all of his right, title and interest in and to all such works, copyrights, materials, inventions, ideas, discoveries, designs and improvements, patentable or not, and any copyrights, letters patent, trademarks, trade secrets, and similar rights, and the applications therefor, which may exist or be issued with respect thereto. For the purposes of this Section 8, "WORKSworks" shall include all materials created during the term of this AgreementExecutive's employment by the Company, whether or not ever used by or submitted to the Company, including, without limitation, any work which may be the subject matter of a copyright under the United States copyright law. In addition to its other rights, the Company may copyright any such work in its name in the United States in accordance with the requirements of the United States copyright law and the Universal Copyright Convention and any other convention or treaty to which the United States is or may become a party. In accordance with California Labor Code Sections 2870 Notwithstanding the foregoing, Executive is hereby notified and 2872, the provisions of acknowledges that this Section 8(a) shall does not apply (i) to an invention which qualifies fully under the provisions of Section 2870 of the California Labor Code and/or (ii) to any works that Executive work(s) which were developed entirely on his Executive's own time without using the Company's equipment, supplies, facilities facilities, or proprietary informationtrade secrets, except for those works that either: (i) relate at the time as to any of conception or reduction to practice of the work these which are related to the Company's business, business or actual or demonstrably anticipated research or development of the Company. (b) Whenever the Company shall so request, whether during or after the term of his employment with the Company, the Executive shall execute, acknowledge and deliver all applications, assignments or other instruments; make or cause to be made all rightful oaths; testify in all legal proceedings; communicate all known facts which relate to such works, copyrights, inventions, ideas, discoveries, designs and improvements; perform all lawful acts and otherwise render all such assistance as the Company may deem necessary to apply for, obtain, register, enforce and maintain any copyrights, letters patent and trademark registrations of the United States or any foreign jurisdiction or under the Universal Copyright Convention (2) result from or any work performed other convention or treaty to which the United States is or may become a party), or otherwise to protect the Company's interests therein, including any which the Company shall deem necessary in connection with any proceeding or litigation involving the same. The Company shall reimburse the Executive for all reasonable out-of-pocket costs reasonably incurred by the Executive in testifying at the Company's request or in rendering any other assistance requested by the Company pursuant to this Section 8. All registration and filing fees and similar expenses shall be paid by the Company. For any and all services rendered by Executive under this paragraph after the termination of his employment with the Company, the Company shall compensate executive for the Companyreasonable value of his time, and shall make every reasonable effort to accommodate his schedule.

Appears in 1 contract

Samples: Employment Agreement (Equity Marketing Inc)

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COPYRIGHT AND TRADEMARKS. (a) All right, title and interest, of every kind whatsoever, in the United States and throughout the world, in (i) any work, including the copyright thereof (for the full terms and extensions thereof in every jurisdiction), created by the Executive at any time during the term of this Agreement Employment Term, and all material embodiments of the work subject to such rights; and (ii) all inventions, ideas, discoveries, designs and improvements, patentable or not, made or conceived by the Executive at any time during the term of this AgreementEmployment Term, shall be and remain the sole property of the Company Group without payment of any further consideration to the Executive or any other person than as set forth herein, and each such work shall, for purposes of United States copyright law, be deemed created by the Executive pursuant to his duties under this Agreement and within the scope of his employment and shall be deemed a work made for hire; and Executive agrees to assign, at the Company's ’s expense, and the Executive does hereby assign, all of his right, title and interest in and to all such works, copyrights, materials, inventions, ideas, discoveries, designs and improvements, patentable or not, and any copyrights, letters patent, trademarks, trade secrets, and similar rights, and the applications therefor, which may exist or be issued with respect theretothereto to the Company Group. For the purposes of this Section 8, "WORKS" “works” shall include all materials created during the term of this AgreementEmployment Term, whether or not ever used by or submitted to the CompanyCompany Group, including, without limitation, any work which may be the subject matter of a copyright under the United States copyright law. In addition to its other rights, the Company Group may copyright any such work in its name any of their names in the United States in accordance with the requirements of the United States copyright law and the Universal Copyright Convention and any other convention or treaty to which the United States is or may become a party. In accordance with California Labor Code Sections 2870 Notwithstanding the foregoing, Executive is hereby notified and 2872, the provisions of acknowledges that this Section 8(a) shall does not apply (i) to an invention which qualifies fully under the provisions of Section 2870 of the California Labor Code and/or (ii) to any works that Executive work(s) which were developed entirely on his Executive’s own time without using the Company's Company Group’s equipment, supplies, facilities facilities, or proprietary informationtrade secrets, except for those works that either: (i) relate at the time as to any of conception or reduction to practice of the work these which are related to the Company's business, Company Group’s business or actual or demonstrably anticipated research or development of the CompanyCompany Group. (b) Whenever the Company Group shall so request, whether during or after the Employment Term, the Executive shall execute, acknowledge and deliver all applications, assignments or other instruments; make or cause to be made all rightful oaths; testify in all legal proceedings; communicate all known facts which relate to such works, copyrights, inventions, ideas, discoveries, designs and improvements; perform all lawful acts and otherwise render all such assistance as the Company Group may deem necessary to apply for, obtain, register, enforce and maintain any copyrights, letters patent and trademark registrations of the United States or any foreign jurisdiction or under the Universal Copyright Convention (2) result from or any work performed by other convention or treaty to which the United States is or may become a party), or otherwise to protect the Company Group’s interests therein, including any which the Company Group shall deem necessary in connection with any proceeding or litigation involving the same. The Company Group shall reimburse the Executive for all reasonable out-of-pocket costs incurred by the CompanyExecutive in testifying at the Company Group’s request or in rendering any other assistance requested by the Company Group pursuant to this Section 8 plus (if Executive is not then an employee of the Company Group) reasonable compensation based on his prior compensation by the Company Group. All registration and filing fees and similar expenses shall be paid by the Company Group.

Appears in 1 contract

Samples: Employment Agreement (EMAK Worldwide, Inc.)

COPYRIGHT AND TRADEMARKS. (a) All right, title and interest, of every kind whatsoever, in the United States and throughout the world, in (i) any work, including the copyright thereof (for the full terms and extensions thereof in every jurisdiction), created by the Executive at any time during the term of this Agreement, of the term of that certain Employment Agreement dated as of October 1, 1993, of the term of that certain Employment Agreement dated as of January 1, 1997 or of the term of that certain Employment Agreement dated as of January 1, 1999, and all material embodiments of the work subject to such rights; and (ii) all inventions, ideas, discoveries, designs and improvements, patentable or not, made or conceived by the Executive at any time during the term of this Agreement, of the term of that certain Employment Agreement dated as of October 1, 1993, of the term of that certain Employment Agreement dated as of January 1, 1997 or of the term of that certain Employment Agreement dated as of January 1, 1999, shall be and remain the sole property of the Company without payment of any further consideration to the Executive or any other person than as set forth herein, and each such work shall, for purposes of United States copyright law, be deemed created by the Executive pursuant to his duties under this Agreement and within the scope of his employment and shall be deemed a work made for hire; and Executive agrees to assign, at the Company's expense, and the Executive does hereby assign, all of his right, title and interest in and to all such works, copyrights, materials, inventions, ideas, discoveries, designs and improvements, patentable or not, and any copyrights, letters patent, trademarks, trade secrets, and similar rights, and the applications therefor, which may exist or be issued with respect thereto. For the purposes of this Section 8, "WORKSworks" shall include all materials created during the term of this Agreement, whether or not ever used by or submitted to the Company, including, without limitation, any work which may be the subject matter of a copyright under the United States copyright law. In addition to its other rights, the Company may copyright any such work in its name in the United States in accordance with the requirements of the United States copyright law and the Universal Copyright Convention and any other convention or treaty to which the United States is or may become a party. In accordance with California Labor Code Sections 2870 Notwithstanding the foregoing, Executive is hereby notified and 2872, the provisions of acknowledges that this Section 8(a) shall does not apply (i) to an invention which qualifies fully under the provisions of Section 2870 of the California Labor Code and/or (ii) to any works that Executive work(s) which were developed entirely on his Executive's own time without using the Company's equipment, supplies, facilities facilities, or proprietary informationtrade secrets, except for those works that either: (i) relate at the time as to any of conception or reduction to practice of the work these which are related to the Company's business, business or actual or demonstrably anticipated research or development of the Company. (b) Whenever the Company shall so request, whether during or after the term of this Agreement, the Executive shall execute, acknowledge and deliver all applications, assignments or other instruments; make or cause to be made all rightful oaths; testify in all legal proceedings; communicate all known facts which relate to such works, copyrights, inventions, ideas, discoveries, designs and improvements; perform all lawful acts and otherwise render all such assistance as the Company may deem necessary to apply for, obtain, register, enforce and maintain any copyrights, letters patent and trademark registrations of the United States or any foreign jurisdiction or under the Universal Copyright Convention (2) result from or any work performed by other convention or treaty to which the United States is or may become a party), or otherwise to protect the Company's interests therein, including any which the Company shall deem necessary in connection with any proceeding or litigation involving the same. The Company shall reimburse the Executive for all reasonable out-of-pocket costs incurred by the Executive in testifying at the Company's request or in rendering any other assistance requested by the Company pursuant to this Section 8. All registration and filing fees and similar expenses shall be paid by the Company.

Appears in 1 contract

Samples: Employment Agreement (Equity Marketing Inc)

COPYRIGHT AND TRADEMARKS. (a) All As to all concepts that are similar to or competitive with the products or services of the Company as referenced in Section 1(e) of this Agreement, all right, title and interest, of every kind whatsoever, in the United States and throughout the world, in (i) any work, including the copyright thereof (for the full terms and extensions thereof in every jurisdiction), created by the Executive Consultant at any time during the term of this Agreement and all material embodiments of the work subject to such rights; and (ii) all inventions, ideas, discoveries, designs design and improvements, patentable or not, made or conceived by the Executive Consultant at any time during the term of this Agreement, shall be and remain the sole property of the Company without payment of any further consideration to the Executive Consultant or any other than as set forth hereinperson, and each such work shall, for purposes of United States copyright law, be deemed created by the Executive Consultant pursuant to his duties under this Agreement and within the scope of his employment engagement and shall be deemed a work made for hire; and Executive the Consultant agrees to assign, at the Company's expense, and the Executive Consultant does hereby assign, all of his right, title and interest in and to all such works, copyrights, materials, inventions, ideas, discoveries, designs and improvements, patentable or not, and any copyrights, letters patent, trademarks, trade secrets, and similar rights, and the applications therefor, which may exist or be issued with respect thereto. For the purposes of this Section 812, such "WORKS" shall include all such materials created during the term of this Agreement, whether or not ever used by or submitted to the Company, including, without limitation, any work which may be the subject matter of a copyright under the United States copyright law. In addition to its other rights, the Company may copyright any such work in its name in the United States in accordance with the requirements of the United States copyright law and the Universal Copyright Convention and any other convention or treaty to which the United States is or may become a party. In accordance with Notwithstanding the foregoing, Consultant is hereby notified and acknowledges that this Section 12(a) does not apply (i) to an invention which qualifies fully under the provisions of Section 2870 of the California Labor Code Sections 2870 and 2872, the provisions of this Section 8(aand/or (ii) shall not apply to any works that Executive work(s) which were developed entirely on his Consultant's own time without using the Company's equipment, supplies, facilities facilities, or proprietary informationtrade secrets, except for those works that either: (i) relate at the time as to any of conception or reduction to practice of the work these which are related to the Company's business, business or actual or demonstrably anticipated research or development of the Company. (b) Whenever the Company shall so request, whether during or after the term of this Agreement, the Consultant shall execute, acknowledge and deliver all applications, assignments or other instrument; make or cause to be made all rightful oaths; testify in all legal proceedings; communicate all known facts which relate to such works, copyright, inventions, ideas, discoveries, designs and improvements; perform all lawful acts and otherwise render all such assistance as the Company may deem necessary to apply for, obtain, register, enforce and maintain any copyrights, letters patent and trademark registrations of the United States or any foreign jurisdiction or under the Universal Copyright Convention (2) result from or any work performed other convention or treaty to which the United States is or may become a party), or otherwise to protect the company's interests therein, including any which the Company shall deem necessary in connection with any proceeding or litigation involving the same. The Company shall reimburse the Consultant for all reasonable out-of-pocket costs incurred by Executive for the Consultant in testifying at the Company's request or in rendering any other assistance requested by the Company pursuant to this Section 12. All registration and filing fees and similar expenses shall be paid by the Company.

Appears in 1 contract

Samples: Employment Agreement (Equity Marketing Inc)

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