Grant of Rights. Upon the execution of this Agreement, Purchaser shall own, and Owner hereby sells, transfers, assigns and grants to Purchaser, exclusively and perpetually, throughout the universe, all right, title and interest in and to the Work (including all stories, plots, characters, characterizations, dialogue, screenplays, treatments, drafts revisions and other adaptations thereof whether heretofore or hereafter created by Owner or any other person) (the "Rights"), including, without limitation, the following: (a) all rights of copyright (including all renewals and extensions thereof); (b) the sole and exclusive motion picture (silent, sound, musical and/or talking) television and all other audio-visual rights, and allied and incidental rights, including radio, legitimate stage, theatrical, television(whether live, filmed, taped or otherwise recorded, and including series rights, subscription, pay, cable, satellite and free television rights), cassette, disc and other video devices, interactive, internet, sequel, remake, phonograph record, advertising, publication, novelization and promotion rights(including the rights to broadcast and/or telecast by television and/or radio or any other process, now known or hereafter devised, any part of the Work or any adaptation or version thereof, and announcements of and concerning same); (c) all rights to exploit, distribute and exhibit any content or other production produced hereunder in all media now known or hereafter devised; (d) all rights to make any and all changes to, and adaptations of the Work; (e) all merchandising, commercial tie-in, sound track, music publishing and exploitation rights; and (f) all other rights customarily obtained in connection with formal literary purchase agreements. Owner hereby waives and releases any and all "separated rights," "moral rights," rights to reversion of title to the 'Work, and any other rights or claims which Owner may have or hereafter acquire in the Work. Nothing contained in this Agreement shall be construed as requiring Purchaser to exercise or exploit any of the rights granted to or acquired by Purchaser under this Agreement. Owner shall not be entitled to the customary passive royalties should there be any remake, sequel or television movie, mini-series, pilot, series, or spin-off. Additionally, Owner shall not have a turnaround or reversion rights to the original Treatment if the show is not produced within 5 years from the date of Purchase hereunder.
Appears in 13 contracts
Samples: Literary Material Purchase Agreement (Litera Group Inc), Comedic Sketch Purchase Agreement (Litera Group Inc), Comedic Sketch Purchase Agreement (Litera Group Inc)
Grant of Rights. Upon 3.01. During the execution Term of this Agreement, Purchaser Artist shall ownfurnish to G2 its exclusive recording services throughout the Universe. Any contract entered into by Artist or on Artist's behalf during the Term hereof or any extensions thereof for Artist's performances in television or radio broadcasts or motion pictures or stage productions shall specifically exclude the right to use any recording of such performance for the manufacture and sale of Phonograph Records or music videos unless previously authorized in writing by G2. Artist shall promptly deliver to G2 copies of the pertinent provisions of each such contract and Artist will cooperate fully with G2 in any controversy dispute or litigation which may arise in relation to the rights of G2 under this Paragraph.
3.02. Artist hereby grants and assigns to G2 all rights of every kind and the complete, unconditional, exclusive, perpetual, unencumbered title throughout the Universe in and all results and products of Artist's services and performances hereunder, any and all Masters, records, tapes, sound recordings, music videos, long form videos, and Owner other material of every kind made or authorized by G2 hereunder or otherwise produced during the Option Terms and which include the voice, instrumental or other sound and/or visual effects, services, or performances of Artist, including without limitation the right to record, reproduce, broadcast, transmit, publish, sell, exhibit, distribute, advertise, exploit, perform, and use the same separately or in combination with any other material for any purpose in any manner, under any label, trademark, or other identification and by any means or method, whether known or not now known, invented, used or contemplated, and to refrain from all or any part thereof.
3.03. Without in any way limiting the generality of the foregoing, Artist hereby sells, transfers, assigns and grants to Purchaser, exclusively and perpetually, G2 the following rights throughout the universeUniverse which G2 may use or refrain from using as it elects in G2's sole discretion:
(a) the exclusive right during the Term hereof to manufacture, distribute, and sell anywhere in the Universe Phonograph Records and music videos reproducing Artist's performances;
(b) the exclusive right for the full periods of copyright to manufacture, distribute, and sell throughout the Universe Phonograph Records and music videos produced from Masters made during the Option Terms hereunder;
(c) the exclusive right for the full periods of copyright to manufacture, distribute, and sell throughout the Universe Phonograph Records and music videos produced from masters made during the Option Terms hereunder;
(d) the exclusive right to authorize public performances in the Universe of Phonograph Records and music videos produced during the Option Terms hereunder;
(e) the right to permit and authorize others to exercise, directly or through persons designated by them, any and all right, title G2's rights hereunder.
(a) Each Master (including all sound recordings embodied thereon) produced hereunder or embodying Artist's performances and recorded during the Initial Term shall belong to Artist. Artist grants G2 a security interest in and to its copyright in the Work (including First Album to secure recoupment of all stories, plots, characters, characterizations, dialogue, screenplays, treatments, drafts revisions and other adaptations thereof whether heretofore or hereafter created sums expended by Owner or any other person) (G2 in the "Rights"), including, without limitation, the following: (a) all rights of copyright (including all renewals and extensions thereof); (b) the sole and exclusive motion picture (silent, sound, musical and/or talking) television and all other audio-visual rights, and allied and incidental rights, including radio, legitimate stage, theatrical, television(whether live, filmed, taped or otherwise recorded, and including series rights, subscription, pay, cable, satellite and free television rights), cassette, disc and other video devices, interactive, internet, sequel, remake, phonograph record, advertising, publication, novelization recording and promotion rights(including the rights to broadcast and/or telecast by television and/or radio or any other process, now known or hereafter devised, any part of the Work or any adaptation or version thereof, and announcements of and concerning same); (c) all rights to exploit, distribute and exhibit any content or other production produced hereunder in all media now known or hereafter devised; (d) all rights to make any and all changes to, and adaptations of the Work; (e) all merchandising, commercial tie-in, sound track, music publishing and exploitation rights; and (f) all other rights customarily obtained in connection with formal literary purchase agreements. Owner hereby waives and releases any and all "separated rights," "moral rights," rights to reversion of title to the 'Work, and any other rights or claims which Owner may have or hereafter acquire in the Work. Nothing contained in this Agreement shall be construed as requiring Purchaser to exercise or exploit any of the rights granted to or acquired by Purchaser Albums recorded under this Agreement. Owner Artist further agrees to execute any document reasonably necessary to perfect such security interest. In the event Artist fails to execute any such documents or instruments Artist hereby irrevocably grants G2 power of attorney, coupled with any interest, to execute all such security agreements.
(b) Each Master (including all sound recordings embodied thereon) produced hereunder or embodying Artist's performances and recorded during the Option Terms shall, from the inception of its creation, be considered a "work made for hire" for G2 within the meaning of the U.S. Copyright Law. If it is determined that a Master does not so qualify then such Master, together with all rights in it (including the sound recording copyright), shall be deemed, and hereby transferred and assigned to G2 by this Agreement. Artist agrees to execute and deliver to G2 any and all documents or instruments which G2 may request in order to confirm G2's acquisition and/or title to the Masters (including the copyright) as described herein. In the event Artist fails to execute any such documents or instruments Artist hereby irrevocably grants to G2 power of attorney, coupled with an interest, to execute all such documents of conveyance. All Masters recorded by Artist from the inception of the recording thereof and all reproductions derived therefrom, together with the performances embodied thereon, shall be entirely the property of G2 in perpetuity, throughout the Universe, free of any claim whatsoever by Artist or any persons deriving any rights or interests therefrom.
3.05. Artist shall not authorize or permit Artist's performances to be entitled recorded for any purpose without obtaining an express written approval of G2, and Artist shall take reasonable measures to prevent the customary passive manufacture, distribution and sale of Phonograph Records or music videos containing its performances (and the use of Artist's name and likeness in connection therewith) by any person or entity other than G2, its successors, licensees and assigns.
3.06. Artist grants G2 the right to include any Master produced and delivered hereunder in a soundtrack or compilation album, at any time, and without any further advance, except that royalties should there shall be payable as provided herein.
3.07. As used in this Agreement, "Phonograph Records" shall include any remakeand all mechanical reproductions of the Masters produced and delivered hereunder, sequel in any format, whether now known or television movieunknown, mini-seriesincluding but not limited to compact discs, pilotcassette tapes, seriesvinyl records, DAT tapes or spin-off. Additionally, Owner shall not have a turnaround or reversion rights to the original Treatment if the show is not produced within 5 years from the date of Purchase hereunderany future format.
Appears in 6 contracts
Samples: Exclusive Recording Artist Agreement (G2 Ventures Inc), Exclusive Recording Artist Agreement (G2 Companies Inc), Exclusive Recording Artist Agreement (G2 Ventures Inc)
Grant of Rights. Upon Writer hereby irrevocably and absolutely assign, convey, and grant to Publisher, its successors and assigns (a) all rights and interests of every kind, nature and description in and to all original musical compositions and all original arrangements of musical compositions in the execution public domain which have been written, composed or created by Writer, in whole or in part, alone or in collaboration with others, prior to and during the term of this Agreementagreement, Purchaser shall ownincluding but not limited to the titles, lyrics and Owner hereby sells, transfers, assigns music thereof and grants to Purchaser, exclusively all world-wide copyrights and perpetually, renewals and extensions thereof under any present or future laws throughout the universeworld, to the extent any of the foregoing shall not heretofore have been conveyed by Writer to an unrelated third party; and (b) all right, title rights and interest of every kind, nature and description in and to the Work results and proceeds of Writer's services hereunder, including but not limited to the arrangements of musical compositions in the public domain and all worldwide copyrights and renewals and extension thereof under any present or future laws throughout the world, which shall be written, composed or created by Writer during the term hereof, in whole or in part, alone or in collaboration with others; and (c) all rights and interest of every kind, nature and description in and to all original musical compositions and all original arrangements of musical compositions in the public domain which are now directly or indirectly owned or controlled by Writer, in whole or in part, alone or with others, or the direct or indirect ownership or control of which shall be acquired by Writer during the term hereof, in whole or in part, alone or with others, as the employer or transferee of the writers or composers thereof or otherwise, including the titles, lyrics and music thereof and all storiesworld-wide copyrights and renewals and extensions thereof under any present or future laws throughout the world; all of which musical compositions, plotsarrangements, charactersrights and interest Writer hereby warrants and represents are and shall at all times be Publisher's exclusive property as the sole owner thereof, characterizationsfree from any adverse claims or rights therein by an other party (all such musical compositions and arrangements hereinafter being referred to as "Compositions.")
1. Without limiting the generality of the foregoing, dialogueWriter acknowledges that the rights and interests hereinabove set forth include Writer's irrevocable grant to Publisher, screenplaysits successors and assigns, treatmentsof the sole and exclusive right, drafts revisions license, privilege and authority throughout the entire world with respect to all Compositions, whether now in existence or whether created during the term hereof, as follows:
(a) To perform and license others to perform the Compositions publicly or privately, for profit or otherwise, by means of public or private performance, radio broadcast, television, or any and all other means of media, whether now known or hereafter conceived or developed.
(b) To substitute a new title or titles for the Compositions or any of them and to make any arrangement, adaptations, translation, dramatization or transposition of any or all of the Compositions or of the titles, lyrics or music thereof, in whole or in part, and in connection with any other musical, literary or dramatic material, and to add new lyrics to the music of any Compositions or new music to the lyrics of any Compositions, all of which Publisher may deem necessary or desirable in its best business judgment.
(c) To secure copyright registration and protection of the Compositions in Publisher's name or otherwise, as Publisher may desire, at Publisher's own cost and expense, and at Publisher's election, including any and all renewals and extensions of copyright under any present or future laws throughout the world, and to have and to hold said copyrights, renewals and extensions and all rights existing there under, for and during the full term of all said copyrights and all renewals and extensions and all rights existing there under, for and during the full term of all said copyrights and all renewals and extensions thereof.
(d) To make or cause to be made, and to license others to make, master records, transcriptions, soundtracks, pressings and any other mechanical, electrical or other reproductions of the Compositions, in whole or in part, in such form or manner and as frequently as Publisher shall determine, including the right to synchronize the Compositions with sound motion pictures and to use, manufacture, advertise, license or sell such reproductions for any and all purposes, including, without limitation private and public performances, radio broadcast, television, sound motion pictures, wired radio, phonograph records and any and all other means or devices, whether now known or hereafter conceived or developed.
(e) To print, publish and sell, and to license others to print, publish and sell, sheet music, orchestrations, arrangements and other adaptations thereof whether heretofore or hereafter created by Owner or any other person) (editions of the "Rights")Compositions in all forms, including, without limitation, the following: inclusion of any or all of the Compositions in song folios, compilations, song books, mixed folios, personality folios and lyric magazines with or without music.
(af) all rights of copyright (including all renewals and extensions thereof); (b) the sole and exclusive motion picture (silent, sound, musical and/or talking) television To exploit any and all other audiorights now or hereafter existing in all Compositions under and by virtue of any common law rights and all copyrights and renewals and extension thereof including (the grand rights and) so-visual called small performance rights. Writer grants to Publisher, without any compensation other than as specified herein, the perpetual right to use and publish and to permit others to use and publish Writer's name (including any professional name heretofore or hereafter adopted by Writer), Writer's photograph or other likeness, or any reproduction or simulation thereof, and allied and incidental rights, including radio, legitimate stage, theatrical, television(whether live, filmed, taped or otherwise recordedbiographical material concerning Writer, and including series rightsthe titles of any and all of the Compositions, subscriptionin connection with the printing, pay, cable, satellite and free television rights), cassette, disc and other video devices, interactive, internet, sequel, remake, phonograph recordsale, advertising, publicationperformance, novelization distribution and promotion rights(including other exploitation of the rights Compositions, and for any other purpose
2. related to broadcast and/or telecast by television and/or radio the business of Publisher, its affiliated and related companies, or to refrain there from. This right shall be exclusive during the term hereof and non-exclusive thereafter. Writer shall not authorize or permit the use of Writer's name or likeness, or any other process, now known reproduction or hereafter devised, any part of the Work or any adaptation or version simulation thereof, and announcements of and or biographical material concerning same); (c) all rights to exploitWriter, distribute and exhibit any content for or other production produced hereunder in all media now known or hereafter devised; (d) all rights to make any and all changes to, and adaptations of the Work; (e) all merchandising, commercial tie-in, sound track, music publishing and exploitation rights; and (f) all other rights customarily obtained in connection with formal literary purchase agreementsany musical compositions, other than by or for Publisher. Owner hereby waives Writer grants Publishers the right to refer to Writer as Publisher's "Exclusive Songwriter and releases any and all "separated rights,Composer" "moral rights," rights or to reversion of title to the 'Work, and use any other rights or claims which Owner may have or hereafter acquire in similar and appropriate appellation, during the Work. Nothing contained in this Agreement shall be construed as requiring Purchaser to exercise or exploit any of the rights granted to or acquired by Purchaser under this Agreement. Owner shall not be entitled to the customary passive royalties should there be any remake, sequel or television movie, mini-series, pilot, series, or spin-off. Additionally, Owner shall not have a turnaround or reversion rights to the original Treatment if the show is not produced within 5 years from the date of Purchase hereunderterm hereof.
Appears in 6 contracts
Samples: Music Publishing Agreement (Skreem Entertainment Corp), Music Publishing Agreement (Skreem Entertainment Corp), Music Publishing Agreement (Skreem Entertainment Corp)
Grant of Rights. Upon the execution of this Agreement, Purchaser shall own, Writer hereby irrevocably and Owner hereby sellsabsolutely assigns, transfers, assigns sets over, and grants to PurchaserPublisher, exclusively its successors, and perpetuallyassigns each and every and all rights and interests of every kind, throughout the universe, all right, title nature and interest description in and to the Work (including results and proceeds of Writer's services hereunder, including, but not limited to the titles, words, and music of any and all storiesoriginal arrangements of musical compositions in the public domain in any and all licenses relating thereto, plotstogether with all worldwide copyrights and renewals and extensions thereof, characterswhich musical works have been written, characterizationscomposed, dialoguecreated, screenplaysor conceived, treatmentsin whole or in part, drafts revisions by Writer alone or in collaboration with another or others, and which are now owned or controlled, directly or indirectly, by Writer, alone or with others, or as the employer or transferee, directly or indirectly, of the writers or composition, ad all worldwide copyrights and renewals and extensions thereof, all of which Writer does hereby represent are and shall at all times be Publisher's sole and exclusive property as the owner thereof free from any adverse claims or rights therein by any other adaptations thereof person, firm or corporation. Attached hereto as Exhibit A is a list of musical compositions written and made a part of this Agreement. Writer acknowledges that, included within the rights and interests hereinabove referred to, but without limiting the generality of the foregoing, is Writer's irrevocable grant to Publisher, it's successors, licenses, sublicensees and assigns, of the sole and exclusive right license, privilege, and authority throughout the entire world with respect to the said original musical compositions and original arrangements of compositions under the public domain, whether heretofore now in existence or hereafter created during the term hereof as follows:
(a) To perform said musical compositions publicly, whether for profit or otherwise, by Owner means of public or private performance, radio broadcasting, television, or any and all means, whether now known or which may hereafter come into existence;
(b) To substitute a new title or titles for said compositions or any of them and to make any arrangement, adaptation, translation, dramatization or transportation of said compositions or any of them, in whole or part, and in connection with any other personliterary, musical or dramatic material, and to add new lyrics to the music of any said compositions or new music to the lyrics of any of said compositions, all as Publisher may deem expedient or desirable; provided, however, anything to the contrary not withstanding, nothing contained herein shall be construed to allow Publisher to make any changes in Writer's recorded performances. In the event Publisher is directly involved in the printing of sheet music containing Writer's musical compositions Publisher agrees to make all reasonable effort to produce a reproduction of Writer's original recording of such composition as accurately as possible.
(c) To secure copyright registration and protection of said compositions in Publisher's name or otherwise as Publisher may desire at Publisher's own cost and expense and at Publisher's election, including any and all renewals and extensions of copyrights, and to have and hold said copyrights, renewals, extensions and all rights of whatsoever nature thereunder existing, for and during the full term of all said copyrights and all renewals and extensions thereof;
(d) To make or cause to be made, and to license others to make, master records, transcriptions, sound tracks, pressings, and any other mechanical, electrical or other productions of said compositions, in whole or part, in such form or manner and as frequently as Publisher's sole and uncontrolled discretion shall determine, including the "Rights")right to synchronize the same with sound motion pictures, and the right to manufacture, advertise, license or sell such reproductions for any and all purposes, including, without limitation, private performances and public performances, radio broadcasts, television, sound motion pictures, wired radio or cable television, phonograph records and any and all other means or devices whether now known or which may hereafter come into existence.
(e) To print, publish and sell, and to license others to print, publish and sell, sheet music, orchestrations, arrangements and other editions of the said compositions in all forms, including, without limitation, the following: inclusion of any or all of said compositions in song folios, song books, mixed or lyric magazines with or without music; and
(af) Any and all other rights of copyright (including all every and any nature now or hereafter existing under any by virtue of any common law rights and copyrights and renewals and extensions thereof); (b) the sole and exclusive motion picture (silent, sound, musical and/or talking) television thereof in any and all such compositions. Writer grants Publisher, without any compensation other audio-visual rightsthan specified herein, the perpetual right to use and publish and to permit others to use and publish Writer's name (including any professional name heretofore or hereafter adopted by Writer), Writer's photograph or any other likeness, which shall be approved by Writer's logos and trademarks whether now in existence or created during the term hereof and biographical material concerning Writer, and allied the titles of any and incidental rightsall of the compositions hereunder, including radioin connection with the printing, legitimate stage, theatrical, television(whether live, filmed, taped or otherwise recorded, and including series rights, subscription, pay, cable, satellite and free television rights), cassette, disc and other video devices, interactive, internet, sequel, remake, phonograph recordsale, advertising, publicationperformance, novelization distribution and promotion rights(including other exploitation of the rights compositions hereunder, and for any other purpose related to broadcast and/or telecast by television and/or radio the music business of Publisher, its affiliated and related companies, or the refrain therefrom. This right shall be exclusive during the term hereof and nonexclusive thereafter. Writer grants Publisher the right to refer to Writer as Publisher's "Exclusive Songwriter and Composer" or any other processsimilar appropriate appellation, now known or hereafter devised, any part of during the Work or any adaptation or version thereof, and announcements of and concerning same); (c) all rights to exploit, distribute and exhibit any content or other production produced hereunder in all media now known or hereafter devised; (d) all rights to make any and all changes to, and adaptations of the Work; (e) all merchandising, commercial tie-in, sound track, music publishing and exploitation rights; and (f) all other rights customarily obtained in connection with formal literary purchase agreements. Owner hereby waives and releases any and all "separated rights," "moral rights," rights to reversion of title to the 'Work, and any other rights or claims which Owner may have or hereafter acquire in the Work. Nothing contained in this Agreement shall be construed as requiring Purchaser to exercise or exploit any of the rights granted to or acquired by Purchaser under this Agreement. Owner shall not be entitled to the customary passive royalties should there be any remake, sequel or television movie, mini-series, pilot, series, or spin-off. Additionally, Owner shall not have a turnaround or reversion rights to the original Treatment if the show is not produced within 5 years from the date of Purchase hereunderterm hereof.
Appears in 3 contracts
Samples: Exclusive Songwriter Contract, Exclusive Songwriter Contract, Agency Booking Agreement
Grant of Rights. Upon the execution of this Agreement, Purchaser shall own, and Owner hereby sells, transfers, assigns and grants to Purchaser, exclusively and perpetually, throughout the universe, all right, title and interest in and to the Work (including all stories, plots, characters, characterizations, dialogue, screenplays, treatments, drafts revisions and other adaptations thereof whether heretofore or hereafter created by Owner or any other person) (the "Rights"), including, without limitation, the following: (a) all rights of copyright (including all renewals and extensions thereof); (b) the sole and exclusive motion picture (silent, sound, musical and/or talking) television and all other audio-visual rights, and allied and incidental rights, including radio, legitimate stage, theatrical, television(whether television (whether live, filmed, taped or otherwise recorded, and including series rights, subscription, pay, cable, satellite and free television rights), cassette, disc and other video devices, interactive, internet, sequel, remake, phonograph record, advertising, publication, novelization and promotion rights(including rights (including the rights to broadcast and/or telecast by television and/or radio or any other process, now known or hereafter devised, any part of the Work or any adaptation or version thereof, and announcements of and concerning same); (c) all rights to exploit, distribute and exhibit any content or other production produced hereunder in all media now known or hereafter devised; (d) all rights to make any and all changes to, and adaptations of the Work; (e) all merchandising, commercial tie-in, sound track, music publishing and exploitation rights; and (f) all other rights customarily obtained in connection with formal literary purchase agreements. Owner hereby waives and releases any and all "separated rights," "moral rights," rights to reversion of title to the 'Work, and any other rights or claims which Owner may have or hereafter acquire in the Work. Nothing contained in this Agreement shall be construed as requiring Purchaser to exercise or exploit any of the rights granted to or acquired by Purchaser under this Agreement. Owner shall not be entitled to the customary passive royalties should there be any remake, sequel or television movie, mini-series, pilot, series, or spin-off. Additionally, Owner shall not have a turnaround or reversion rights to the original Treatment if the show is not produced within 5 years from the date of Purchase hereunder.
Appears in 1 contract
Samples: Treatment Purchase Agreement (Have Gun Will Travel Entertainment, Inc.)
Grant of Rights. Upon (a) Subject to Owner's "Reserved Rights"(as defined below), upon Producer's exercise of the execution of this Agreementoption for a Subject Property as herein provided, Purchaser shall ownif ever, and Owner hereby sells, transfers, assigns and grants to PurchaserProducer, exclusively in perpetuity and perpetually, throughout the universe, all right, title and interest in and only that Subject Property, which includes but is not limited to the Work following:
(including all stories, plots, characters, characterizations, dialogue, screenplays, treatments, drafts revisions and other adaptations thereof whether heretofore or hereafter created by Owner or any other person) (the "Rights"), including, without limitation, the following: (ai) all rights of copyright copyrights and trademarks (including all renewals and extensions and renewals thereof)) and the goodwill associated therewith in such Subject Property;
(ii) all motion-picture rights in such Subject Property;
(iii) all television rights (pay, free, film, tape, cable, live and otherwise) in such Subject Property;
(iv) merchandising rights in such Subject Property; provided, however, that "Property-Based Merchandising" [as defined below] is excluded;
(bv) the sole theme-park ride-naming and exclusive motion picture live-public- performance rights in such Subject Property;
(silenti) all customary reasonable ancillary, sound, musical and/or talking) television and all other audio-visual rights, and allied and incidental rights in such Subject Property. Such rights shall include, by way of further illustration, sequel rights, including radiobut in each event subject to Producer receiving the following applicable payment from the applicable studio, legitimate stageproduction company, theatricalor other entity: (A) At least one hundred percent (100%) of the producer fees and rights payments and other payments -- fixed and/or contingent-- payable for the immediately preceding theatrical Production for any derivative theatrical Production, television(whether livewith such proportionate increases as any other producer receives and calculated, filmedwhere applicable, taped based on the budget of the derivative Production; or otherwise recorded, (B) Such fees and including series rights payments and other payments -- fixed and/or contingent -- approved by Owner for any other exploitation of Rights in any and all media and by any and all means now known or hereafter devised (other than exploitations of Owner's Reserved Rights).
(vii) music and music-publishing rights, subscription, pay, cable, satellite and free television rights), cassette, disc soundtrack-album and other video devicessoundtrack exploitation rights, interactivepromotional and advertising rights in such Subject Property; and
(viii) the right to distribute, internetto transmit, sequelto exhibit, remake, phonograph record, advertising, publication, novelization to broadcast and promotion rights(including otherwise to exploit all works produced pursuant to the rights to broadcast and/or telecast granted hereunder by television and/or radio or means of any other process, and all media and devices whether now known or hereafter devised, and in any part and all markets whatsoever, as well as the right of the Work or any adaptation or version thereof, and announcements of and concerning same); (c) all rights to exploit, distribute and exhibit any content or other production produced hereunder Producer in all media now known or hereafter devised; (d) all rights its discretion to make any and all changes in, additions to, and adaptations deletions from the Subject Property to the extent required for any agreement with a third party hereunder.
(b) All of the Work; (e) all merchandising, commercial tie-in, sound track, music publishing foregoing shall be sometimes collectively referred to herein as the "Rights." The Rights granted by Owner to Producer hereunder are in addition to -- and exploitation rights; and (f) all other rights customarily obtained in connection with formal literary purchase agreements. Owner hereby waives and releases any and all "separated rights," "moral rights," rights to reversion of title to the 'Work, and any other rights or claims which Owner may have or hereafter acquire in the Work. Nothing contained in this Agreement shall be construed in no way limit -- any right with respect to a Subject Property or the subject matter thereof that Producer may now or hereafter enjoy as requiring Purchaser to exercise or exploit any a member of the general public.
(c) Owner reserves the following rights granted (the "Reserved Rights") in and to or acquired by Purchaser under this Agreement. Owner shall not be entitled each Subject Property, subject to the customary passive royalties should there be any remake, sequel or television movie, mini-series, pilot, series, or spin-off. Additionally, Owner shall not have a turnaround or reversion rights to the original Treatment if the show is not produced within 5 years from the date of Purchase hereunderterms and conditions set forth below.
Appears in 1 contract
Grant of Rights. Upon Licensor hereby grants, sells and assigns to the execution of this Agreement, Purchaser Licensee and the Licensee shall own, have and Owner hereby sells, transfers, assigns and grants to Purchaser, exclusively and perpetually, throughout the universe, enjoy all right, title and interest rights in and to the Work Picture without condition restriction or limitation of any kind, for the territory described in Schedule "A" attached hereto and made a part hereof (including all stories, plots, characters, characterizations, dialogue, screenplays, treatments, drafts revisions and other adaptations thereof whether heretofore or hereafter created by Owner or any other person) (hereinafter called the "RightsTerritory") and for the term of this agreement described in Schedule "A" attached hereto and made a part hereof (hereinafter called the "Term"), including. The rights granted hereunder to Licensee, without limitationlimiting the Generality of the foregoing, include the following: (:
a) all rights of copyright (including all renewals and extensions thereof); (b) the The sole and exclusive motion picture (silentright to exhibit, sounddistribute, musical and/or talking) television market, advertise, publicize and exploit the Picture and trailers thereof in any and all other audiolanguages and versions and reissues thereof and to license and to permit others to exhibit, distribute, market, exploit, advertise and publicize the same and reissue thereof throughout the Territory or any part there of, for any and all purposes whatsoever (theatrical, non-visual rightstheatrical, commercial, non- commercial, sponsored, non-sponsored, sustaining, and allied and incidental rightsin connection with the advertising and/or exploitation of commercial products or otherwise), including radiobut not limited to distribution to the United States Army, legitimate stage, theatrical, television(whether live, filmed, taped Navy and other military or otherwise recordedArmed Services installations, and including series rightsAmerican Red Cross; home viewing, subscription, pay, cable, satellite veterans hospitals or similar facilities wherever situated throughout the world; airplanes; ships at sea; schools; CATV; video cassettes and free television rights), cassette, disc discs; on all gauges of film and other video devicessurfaces and by every means, interactivemethod or device (mechanical, internetelectrical or otherwise) known or which may hereafter be discovered, sequelinvented, remakedeveloped, phonograph recorddevised or created, advertising, publication, novelization including but not limited to radio and promotion rights(including the rights to broadcast and/or telecast by television and/or radio or any other processin all forms and improvements thereof, now known or hereafter devisedto be known, including but not limited to "free television," "pay television," "subscription television," whether wired or over-the- air.
b) The right but not the obligation to register the Picture for copyright in the Territory, or any part thereof, it being agreed, however, that upon the expiration of the Work Term of this agreement, the Licensee, upon Licensor's request, will execute or cause to be executed an assignment of any adaptation or version thereofsuch copyright.
c) The right to announce on the Picture and elsewhere that it is presented by Licensee and/or Licensee's designees, and announcements to use Licensee's own logo, name and trademark on the Picture and to authorize others to use and attach their own logos, names, and trademarks thereon.
d) The right to use all music, copyrighted or otherwise, contained in the Picture in connection with the exhibition of the Picture for all purposes and concerning same); (c) all rights to exploit, distribute and exhibit any content or other production produced hereunder in all media now known embraced in the grant of rights herein made to the Licensee.
e) The right to use the names, pseudonyms, photographs, likenesses, acts, poses, sound effects and voices of all artists appearing in the Picture, the director thereof, the Licensor thereof, the musicians, writers, composers, author, and others appearing in or hereafter devisedconnected with the production of the Picture, in connection with the exhibition, distribution, marketing, advertising, exploitation, and publicizing of the Picture in any or all parts of the Territory, and to write and publish articles concerning each thereof in connection with the exploitation, publicizing, advertising and sale of the Picture.
f) The right to telecast by any form of television, commercial messages before, during or after the telecasting of the Picture.
g) The right to write, draw, illustrate, compose, prepare, publish and to license and to authorize others to write, prepare, compose and publish synopses, stories, illustrations and comic books in all forms and combinations including but not limited to the right to utilize such synopses, stories, illustrations and/or comic books and excerpts therefrom in newspapers, magazines and/or trade periodicals in any and all parts of the Territory and the right to use excerpts from the story or literary material; upon which the Picture is based in documents, posters, road displays, press books and any and all other media.
h) The right in the name of the Licensee otherwise to institute and. prosecute any and all actions or proceedings which Licensee may deem necessary to institute; or prosecute for the purpose of establishing, maintaining or preserving any of the rights herein granted or purported to be granted to Licensee and similarly to defend any action or proceeding which may be brought against Licensee, its licensees, contractees, or assignees with respect to the Picture or any of the rights herein granted or purported to be granted to Licensee or which in any manner questions or disputes any of the rights of Licensee in and to the Picture or any of the rights herein granted. If legal action results in the recovery by Licensee of any monies, such monies shall be owned exclusively by Licensee.
i) The right to utilize in whole or in part without charge, any and all artwork and other materials (dnegative or otherwise) used or prepared for any and all versions of the Picture, whether for press books, brochures, advertising or other publicity, together with access, without charge, to all such materials.
j) To the extent that Licensor has or can obtain such rights, the right to use and exploit merchandising rights and commercial tie-in rights of any and every kind or nature related to, arising out of, or in connection with the Picture and/or the title thereof and/or music used therein and/or the characters appearing therein and/or their names and characteristics and/or under a name which incorporates any phrase, clause, sentence or expression which is used in the Picture or which the general public associates with the Picture. Merchandising rights include the right to produce, distribute, sell and exploit so-called "premiums" (accessories, mailing pieces, labels or other items or devices, by which any sponsor is able to call to the attention of the public that the Picture is associated with or related to such sponsor's business, products, or service); the publication of comic books or comic strips, the making of endorsements, the making of costumes or parts of costumes, or the manufacturing of any item which is related to or evolves from the Picture. Licensee shall be entitled to twenty-five (25%) percent of the gross receipts.
k) Licensee shall have the right in its sole discretion to make any and all changes to, and adaptations of the Work; (e) all merchandising, commercial tie-in, sound track, music publishing and exploitation rights; and (f) all other rights customarily obtained in connection with formal literary purchase agreements. Owner hereby waives and releases any and all "separated rights," "moral rights," rights to reversion of title to the 'Work, and any other rights or claims which Owner may have or hereafter acquire modifications in the Work. Nothing contained in this Agreement Picture which Licensee shall determine to be construed as requiring Purchaser to exercise necessary or exploit any of the rights granted to or acquired by Purchaser under this Agreement. Owner shall not be entitled to the customary passive royalties should there be any remake, sequel or television movie, mini-series, pilot, series, or spin-off. Additionally, Owner shall not have a turnaround or reversion rights to the original Treatment if the show is not produced within 5 years from the date of Purchase hereunderdesirable.
Appears in 1 contract
Grant of Rights. Upon Licensor hereby grants, sells and assigns to the execution of this Agreement, Purchaser Licensee and the Licensee shall own, have and Owner hereby sells, transfers, assigns and grants to Purchaser, exclusively and perpetually, throughout the universe, enjoy all right, title and interest rights in and to the Work Picture without condition restriction or limitation of any kind, for the territory described in Schedule "A" attached hereto and made a part hereof (including all stories, plots, characters, characterizations, dialogue, screenplays, treatments, drafts revisions and other adaptations thereof whether heretofore or hereafter created by Owner or any other person) (hereinafter called the "RightsTerritory") and for the term of this agreement described in Schedule "A" attached hereto and made a part hereof (hereinafter called the "Term"), including. The rights granted hereunder to Licensee, without limitationlimiting the Generality of the foregoing, include the following: (:
a) all rights of copyright (including all renewals and extensions thereof); (b) the The sole and exclusive motion picture (silentright to exhibit, sounddistribute, musical and/or talking) television market, advertise, publicize and exploit the Picture and trailers thereof in any and all other audiolanguages and versions and reissues thereof and to license and to permit others to exhibit, distribute, market, exploit, advertise and publicize the same and reissue thereof throughout the Territory or any part there of, for any and all purposes whatsoever (theatrical, non-visual rightstheatrical, commercial, non- commercial, sponsored, non-sponsored, sustaining, and allied and incidental rightsin connection with the advertising and/or exploitation of commercial products or otherwise), including radiobut not limited to distribution to the United States Army, legitimate stage, theatrical, television(whether live, filmed, taped Navy and other military or otherwise recordedArmed Services installations, and including series rightsAmerican Red Cross; home viewing, subscription, pay, cable, satellite veterans hospitals or similar facilities wherever situated throughout the world; airplanes; ships at sea; schools; CATV; video cassettes and free television rights), cassette, disc discs; on all gauges of film and other video devicessurfaces and by every means, interactivemethod or device (mechanical, internetelectrical or otherwise) known or which may hereafter be discovered, sequelinvented, remakedeveloped, phonograph recorddevised or created, advertising, publication, novelization including but not limited to radio and promotion rights(including the rights to broadcast and/or telecast by television and/or radio or any other processin all forms and improvements thereof, now known or hereafter devisedto be known, including but not limited to "free television," "pay television," "subscription television," whether wired or over-the- air.
b) The right but not the obligation to register the Picture for copyright in the Territory, or any part thereof, it being agreed, however, that upon the expiration of the Work Term of this agreement, the Licensee, upon Licensor's request, will execute or cause to be executed an assignment of any adaptation or version thereofsuch copyright.
c) The right to announce on the Picture and elsewhere that it is presented by Licensee and/or Licensee's designees, and announcements to use Licensee's own logo, name and trademark on the Picture and to authorize others to use and attach their own logos, names, and trademarks thereon.
d) The right to use all music, copyrighted or otherwise, contained in the Picture in connection with the exhibition of the Picture for all purposes and concerning same); (c) all rights to exploit, distribute and exhibit any content or other production produced hereunder in all media now known embraced in the grant of rights herein made to the Licensee.
e) The right to use the names, pseudonyms, photographs, likenesses, acts, poses, sound effects and voices of all artists appearing in the Picture, the director thereof, the Licensor thereof, the musicians, writers, composers, author, and others appearing in or hereafter devisedconnected with the production of the Picture, in connection with the exhibition, distribution, marketing, advertising, exploitation, and publicizing of the Picture in any or all parts of the 107 Territory, and to write and publish articles concerning each thereof in connection with the exploitation, publicizing, advertising and sale of the Picture.
f) The right to telecast by any form of television, commercial messages before, during or after the telecasting of the Picture.
g) The right to write, draw, illustrate, compose, prepare, publish and to license and to authorize others to write, prepare, compose and publish synopses, stories, illustrations and comic books in all forms and combinations including but not limited to the right to utilize such synopses, stories, illustrations and/or comic books and excerpts therefrom in newspapers, magazines and/or trade periodicals in any and all parts of the Territory and the right to use excerpts from the story or literary material; upon which the Picture is based in documents, posters, road displays, press books and any and all other media.
h) The right in the name of the Licensee otherwise to institute and. prosecute any and all actions or proceedings which Licensee may deem necessary to institute; or prosecute for the purpose of establishing, maintaining or preserving any of the rights herein granted or purported to be granted to Licensee and similarly to defend any action or proceeding which may be brought against Licensee, its licensees, contractees, or assignees with respect to the Picture or any of the rights herein granted or purported to be granted to Licensee or which in any manner questions or disputes any of the rights of Licensee in and to the Picture or any of the rights herein granted. If legal action results in the recovery by Licensee of any monies, such monies shall be owned exclusively by Licensee.
i) The right to utilize in whole or in part without charge, any and all artwork and other materials (dnegative or otherwise) used or prepared for any and all versions of the Picture, whether for press books, brochures, advertising or other publicity, together with access, without charge, to all such materials.
j) To the extent that Licensor has or can obtain such rights, the right to use and exploit merchandising rights and commercial tie-in rights of any and every kind or nature related to, arising out of, or in connection with the Picture and/or the title thereof and/or music used therein and/or the characters appearing therein and/or their names and characteristics and/or under a name which incorporates any phrase, clause, sentence or expression which is used in the Picture or which the general public associates with the Picture. Merchandising rights include the right to produce, distribute, sell and exploit so-called "premiums" (accessories, mailing pieces, labels or other items or devices, by which any sponsor is able to call to the attention of the public that the Picture is associated with or related to such sponsor's business, products, or service); the publication of comic books or comic strips, the making of endorsements, the making of costumes or parts of costumes, or the manufacturing of any item which is related to or evolves from the Picture. Licensee shall be entitled to twenty-five (25%) percent of the gross receipts.
k) Licensee shall have the right in its sole discretion to make any and all changes to, and adaptations of the Work; (e) all merchandising, commercial tie-in, sound track, music publishing and exploitation rights; and (f) all other rights customarily obtained in connection with formal literary purchase agreements. Owner hereby waives and releases any and all "separated rights," "moral rights," rights to reversion of title to the 'Work, and any other rights or claims which Owner may have or hereafter acquire modifications in the Work. Nothing contained in this Agreement Picture which Licensee shall determine to be construed as requiring Purchaser to exercise necessary or exploit any of the rights granted to or acquired by Purchaser under this Agreement. Owner shall not be entitled to the customary passive royalties should there be any remake, sequel or television movie, mini-series, pilot, series, or spin-off. Additionally, Owner shall not have a turnaround or reversion rights to the original Treatment if the show is not produced within 5 years from the date of Purchase hereunderdesirable.
Appears in 1 contract
Grant of Rights. Upon the execution of this Agreement, --------------- Purchaser shall own, and Owner hereby sells, transfers, assigns and grants to Purchaser, exclusively and perpetually, throughout the universe, all right, title and interest in and to the Work (including all stories, plots, characters, characterizations, dialogue, screenplays, treatments, drafts revisions and other adaptations thereof whether heretofore or hereafter created written by Owner or any other person) (the "Rights"), including, without limitation, the following: (a) all rights of copyright (including all renewals and extensions thereof); (b) the sole and exclusive motion picture (silent, sound, musical and/or talking) television and all other audio-visual rights, and allied and incidental rights, including radio, legitimate stage, theatrical, television(whether television (whether live, filmed, taped or otherwise recorded, and including series rights, subscription, pay, cable, satellite and free television rights), cassette, disc and other video devices, interactive, internet, sequel, remake, phonograph record, advertising, publication, novelization and promotion rights(including rights (including the rights to broadcast and/or telecast by television and/or radio or any other process, now known or hereafter devised, any part of the Work or any adaptation or version thereof, and announcements of and concerning same); (c) all rights to exploit, distribute and exhibit any content motion picture or other production produced hereunder in all media now known or hereafter devised; (d) all rights to make any and all changes to, to ,and adaptations of the Work; (e) all merchandising, commercial tie-in, sound track, music publishing and exploitation rights; and (f) all other rights customarily obtained in connection with formal literary purchase agreements. Owner hereby waives and releases any and all "separated rights," "moral rights," rights to reversion of title to the 'Work, and any other rights or claims which Owner may have or hereafter acquire in the Work. Nothing contained in this Agreement shall be construed as requiring Purchaser to exercise or exploit any of the rights granted to or acquired by Purchaser under this Agreement. Owner shall not be entitled to the customary passive royalties should there be any remake, sequel or television movie, mini-series, pilot, series, or spin-off. Additionally, Owner shall not have a turnaround or reversion rights to the original Treatment Screenplay if the show motion picture is not produced within 5 years from the date of Purchase hereunder.
Appears in 1 contract
Samples: Literary Purchase Agreement (Film & Music Entertainment, Inc.)
Grant of Rights. Upon Licensor hereby grants, sells and assigns to the execution of this Agreement, Purchaser Licensee and the Licensee shall own, have and Owner hereby sells, transfers, assigns and grants to Purchaser, exclusively and perpetually, throughout the universe, enjoy all right, title and interest exclusive rights in and to the Work Picture without condition restriction or limitation of any kind, for the territory described in Schedule "A" attached hereto and made a part hereof (including all stories, plots, characters, characterizations, dialogue, screenplays, treatments, drafts revisions and other adaptations thereof whether heretofore or hereafter created by Owner or any other person) (hereinafter called the "RightsTerritory") and for the term of this agreement described in Schedule "A" attached hereto and made a part hereof (hereinafter called the "Term"), including. The exclusive rights granted hereunder to Licensee, without limitationlimiting the Generality of the foregoing, include the following: (:
a) all rights of copyright (including all renewals and extensions thereof); (b) the The sole and exclusive motion picture (silentright to exhibit, sounddistribute, musical and/or talking) television market, advertise, publicize and exploit the Picture and trailers thereof in any and all other audiolanguages and versions and reissues thereof and to license and to permit others to exhibit, distribute, market, exploit, advertise and publicize the same and reissue thereof throughout the Territory or any part there of, for any and all purposes whatsoever (theatrical, non-visual rightstheatrical, commercial, non- commercial, sponsored, non-sponsored, sustaining, and allied and incidental rightsin connection with the advertising and/or exploitation of commercial products or otherwise), including radiobut not limited to distribution to the United States Army, legitimate stage, theatrical, television(whether live, filmed, taped Navy and other military or otherwise recordedArmed Services installations, and including series rightsAmerican Red Cross; home viewing, subscription, pay, cable, satellite veterans hospitals or similar facilities wherever situated throughout the world; airplanes; ships at sea; schools; CATV; video cassettes and free television rights), cassette, disc discs; on all gauges of film and other video devicessurfaces and by every means, interactivemethod or device (mechanical, internetelectrical or otherwise) known or which may hereafter be discovered, sequelinvented, remakedeveloped, phonograph recorddevised or created, advertising, publication, novelization including but not limited to radio and promotion rights(including the rights to broadcast and/or telecast by television and/or radio or any other processin all forms and improvements thereof, now known or hereafter devisedto be known, any part including but not limited to "free television," "pay television," "subscription television," whether wired or over-the- air.
b) The right but not the obligation to register the Picture for copyright throughout the world.
c) The right to announce on the Picture and elsewhere that it is presented by Licensee and/or Licensee's designees, and to use Licensee's own logo, name and trademark on the Picture and to authorize others to use and attach their own logos, names, and trademarks thereon.
d) The right to use all music, copyrighted or otherwise, contained in the Picture in connection with the exhibition of the Work or any adaptation or version thereof, Picture for all purposes and announcements of and concerning same); (c) all rights to exploit, distribute and exhibit any content or other production produced hereunder in all media now known embraced in the grant of rights herein made to the Licensee.
e) The right to use the names, pseudonyms, photographs, likenesses, acts, poses, sound effects and voices of all artists appearing in the Picture, the director thereof, the Licensor thereof, the musicians, writers, composers, author, and others appearing in or hereafter devisedconnected with the production of the Picture, in connection with the 119 exhibition, distribution, marketing, advertising, exploitation, and publicizing of the Picture in any or all parts of the Territory, and to write and publish articles concerning each thereof in connection with the exploitation, publicizing, advertising and sale of the Picture.
f) The right to telecast by any form of television, commercial messages before, during or after the telecasting of the Picture.
g) The right to write, draw, illustrate, compose, prepare, publish and to license and to authorize others to write, prepare, compose and publish synopses, stories, illustrations and comic books in all forms and combinations including but not limited to the right to utilize such synopses, stories, illustrations and/or comic books and excerpts therefrom in newspapers, magazines and/or trade periodicals in any and all parts of the Territory and the right to use excerpts from the story or literary material; upon which the Picture is based in documents, posters, road displays, press books and any and all other media.
h) The right in the name of the Licensee otherwise to institute and. prosecute any and all actions or proceedings which Licensee may deem necessary to institute; or prosecute for the purpose of establishing, maintaining or preserving any of the rights herein granted or purported to be granted to Licensee and similarly to defend any action or proceeding which may be brought against Licensee, its licensees, contractees, or assignees with respect to the Picture or any of the rights herein granted or purported to be granted to Licensee or which in any manner questions or disputes any of the rights of Licensee in and to the Picture or any of the rights herein granted. If legal action results in the recovery by Licensee of any monies, such monies shall be owned exclusively by Licensee.
i) The right to utilize in whole or in part without charge, any and all artwork and other materials (dnegative or otherwise) used or prepared for any and all versions of the Picture, whether for press books, brochures, advertising or other publicity, together with access, without charge, to all such materials.
j) The right to use and exploit merchandising rights and commercial tie-in rights of any and every kind or nature related to, arising out of, or in connection with the Picture and/or the title thereof and/or music used therein and/or the characters appearing therein and/or their names and characteristics and/or under a name which incorporates any phrase, clause, sentence or expression which is used in the Picture or which the general public associates with the Picture. Merchandising rights include the right to produce, distribute, sell and exploit so-called "premiums" (accessories, mailing pieces, labels or other items or devices, by which any sponsor is able to call to the attention of the public that the Picture is associated with or related to such sponsor's business, products, or service); the publication of comic books or comic strips, the making of endorsements, the making of costumes or parts of costumes, or the manufacturing of any item which is related to or evolves from the Picture. Licensee shall be entitled to one-hundred (100%) percent of the gross receipts.
k) Licensee shall have the right in its sole discretion to make any and all changes to, and adaptations of the Work; (e) all merchandising, commercial tie-in, sound track, music publishing and exploitation rights; and (f) all other rights customarily obtained in connection with formal literary purchase agreements. Owner hereby waives and releases any and all "separated rights," "moral rights," rights to reversion of title to the 'Work, and any other rights or claims which Owner may have or hereafter acquire modifications in the Work. Nothing contained in this Agreement Picture which Licensee shall determine to be construed as requiring Purchaser to exercise necessary or exploit any of the rights granted to or acquired by Purchaser under this Agreement. Owner shall not be entitled to the customary passive royalties should there be any remake, sequel or television movie, mini-series, pilot, series, or spin-off. Additionally, Owner shall not have a turnaround or reversion rights to the original Treatment if the show is not produced within 5 years from the date of Purchase hereunderdesirable.
Appears in 1 contract
Samples: Picture Agreement (Magicinc Com)
Grant of Rights. Upon Licensor hereby grants, sells and assigns to the execution of this Agreement, Purchaser Licensee and the Licensee shall own, have and Owner hereby sells, transfers, assigns and grants to Purchaser, exclusively and perpetually, throughout the universe, enjoy all right, title and interest exclusive rights in and to the Work Picture without condition restriction or limitation of any kind, for the territory described in Schedule "A" attached hereto and made a part hereof (including all stories, plots, characters, characterizations, dialogue, screenplays, treatments, drafts revisions and other adaptations thereof whether heretofore or hereafter created by Owner or any other person) (hereinafter called the "RightsTerritory") and for the term of this agreement described in Schedule "A" attached hereto and made a part hereof (hereinafter called the "Term"), including. The exclusive rights granted hereunder to Licensee, without limitationlimiting the Generality of the foregoing, include the following: (:
a) all rights of copyright (including all renewals and extensions thereof); (b) the The sole and exclusive motion picture (silentright to exhibit, sounddistribute, musical and/or talking) television market, advertise, publicize and exploit the Picture and trailers thereof in any and all other audiolanguages and versions and reissues thereof and to license and to permit others to exhibit, distribute, market, exploit, advertise and publicize the same and reissue thereof throughout the Territory or any part there of, for any and all purposes whatsoever (theatrical, non-visual rightstheatrical, commercial, non- commercial, sponsored, non-sponsored, sustaining, and allied and incidental rightsin connection with the advertising and/or exploitation of commercial products or otherwise), including radiobut not limited to distribution to the United States Army, legitimate stage, theatrical, television(whether live, filmed, taped Navy and other military or otherwise recordedArmed Services installations, and including series rightsAmerican Red Cross; home viewing, subscription, pay, cable, satellite veterans hospitals or similar facilities wherever situated throughout the world; airplanes; ships at sea; schools; CATV; video cassettes and free television rights), cassette, disc discs; on all gauges of film and other video devicessurfaces and by every means, interactivemethod or device (mechanical, internetelectrical or otherwise) known or which may hereafter be discovered, sequelinvented, remakedeveloped, phonograph recorddevised or created, advertising, publication, novelization including but not limited to radio and promotion rights(including the rights to broadcast and/or telecast by television and/or radio or any other processin all forms and improvements thereof, now known or hereafter devisedto be known, any part including but not limited to "free television," "pay television," "subscription television," whether wired or over-the- air.
b) The right but not the obligation to register the Picture for copyright throughout the world.
c) The right to announce on the Picture and elsewhere that it is presented by Licensee and/or Licensee's designees, and to use Licensee's own logo, name and trademark on the Picture and to authorize others to use and attach their own logos, names, and trademarks thereon.
d) The right to use all music, copyrighted or otherwise, contained in the Picture in connection with the exhibition of the Work or any adaptation or version thereof, Picture for all purposes and announcements of and concerning same); (c) all rights to exploit, distribute and exhibit any content or other production produced hereunder in all media now known embraced in the grant of rights herein made to the Licensee.
e) The right to use the names, pseudonyms, photographs, likenesses, acts, poses, sound effects and voices of all artists appearing in the Picture, the director thereof, the Licensor thereof, the musicians, writers, composers, author, and others appearing in or hereafter devisedconnected with the production of the Picture, in connection with the exhibition, distribution, marketing, advertising, exploitation, and publicizing of the Picture in any or all parts of the Territory, and to write and publish articles concerning each thereof in connection with the exploitation, publicizing, advertising and sale of the Picture.
f) The right to telecast by any form of television, commercial messages before, during or after the telecasting of the Picture.
g) The right to write, draw, illustrate, compose, prepare, publish and to license and to authorize others to write, prepare, compose and publish synopses, stories, illustrations and comic books in all forms and combinations including but not limited to the right to utilize such synopses, stories, illustrations and/or comic books and excerpts therefrom in newspapers, magazines and/or trade periodicals in any and all parts of the Territory and the right to use excerpts from the story or literary material; upon which the Picture is based in documents, posters, road displays, press books and any and all other media.
h) The right in the name of the Licensee otherwise to institute and. prosecute any and all actions or proceedings which Licensee may deem necessary to institute; or prosecute for the purpose of establishing, maintaining or preserving any of the rights herein granted or purported to be granted to Licensee and similarly to defend any action or proceeding which may be brought against Licensee, its licensees, contractees, or assignees with respect to the Picture or any of the rights herein granted or purported to be granted to Licensee or which in any manner questions or disputes any of the rights of Licensee in and to the Picture or any of the rights herein granted. If legal action results in the recovery by Licensee of any monies, such monies shall be owned exclusively by Licensee.
i) The right to utilize in whole or in part without charge, any and all artwork and other materials (dnegative or otherwise) used or prepared for any and all versions of the Picture, whether for press books, brochures, advertising or other publicity, together with access, without charge, to all such materials.
j) The right to use and exploit merchandising rights and commercial tie-in rights of any and every kind or nature related to, arising out of, or in connection with the Picture and/or the title thereof and/or music used therein and/or the characters appearing therein and/or their names and characteristics and/or under a name which incorporates any phrase, clause, sentence or expression which is used in the Picture or which the general public associates with the Picture. Merchandising rights include the right to produce, distribute, sell and exploit so-called "premiums" (accessories, mailing pieces, labels or other items or devices, by which any sponsor is able to call to the attention of the public that the Picture is associated with or related to such sponsor's business, products, or service); the publication of comic books or comic strips, the making of endorsements, the making of costumes or parts of costumes, or the manufacturing of any item which is related to or evolves from the Picture. Licensee shall be entitled to one-hundred (100%) percent of the gross receipts.
k) Licensee shall have the right in its sole discretion to make any and all changes to, and adaptations of the Work; (e) all merchandising, commercial tie-in, sound track, music publishing and exploitation rights; and (f) all other rights customarily obtained in connection with formal literary purchase agreements. Owner hereby waives and releases any and all "separated rights," "moral rights," rights to reversion of title to the 'Work, and any other rights or claims which Owner may have or hereafter acquire modifications in the Work. Nothing contained in this Agreement Picture which Licensee shall determine to be construed as requiring Purchaser to exercise necessary or exploit any of the rights granted to or acquired by Purchaser under this Agreement. Owner shall not be entitled to the customary passive royalties should there be any remake, sequel or television movie, mini-series, pilot, series, or spin-off. Additionally, Owner shall not have a turnaround or reversion rights to the original Treatment if the show is not produced within 5 years from the date of Purchase hereunderdesirable.
Appears in 1 contract
Samples: Picture Agreement (Magicinc Com)
Grant of Rights. Upon (a) All Recordings made or furnished to Company by you or Artist under this agreement or during the Term from the inception of the recording thereof, and all reproductions derived therefrom, together with the performances embodied thereon, shall be the property of Company in perpetuity for the Territory free from any claims whatsoever by you or Artist or any other Person. Company shall have the exclusive right throughout the Territory to copyright those Recordings in Company's name as the author and owner of them and to secure any and all renewals and extensions of copyright throughout the Territory. Each such Recording shall be considered a "work made for hire" for Company; if any such Recording is determined not to be a "work made for hire," it will be deemed transferred to Company by this agreement, together with all rights in it. You and Artist hereby irrevocably and unconditionally waive any and all moral and like rights that Artist has in the Recordings and in the performances embodied therein and hereby agree not to make any claim against Company or any Person authorized by Company to exploit the Recordings based on such moral or like rights. Without limiting the generality of the foregoing, Company and any Person authorized by Company shall have the exclusive and unlimited right to all the results and proceeds of Artist's recording services rendered during the Term, including, but not limited to, the exclusive, unlimited and perpetual rights throughout the Territory:
(i) to manufacture, advertise, sell, lease, license, distribute or otherwise use, exploit or dispose of, in any or all fields of use by any method now or hereafter known, Records embodying Masters;
(ii) to release Records derived from Masters under any name, trademark or label which Company or its subsidiaries, affiliates or licensees may from time to time elect;
(iii) to perform such Masters publicly and to permit public performances thereof by means of radio broadcast, television or any other method now or hereafter known; and
(iv) to reproduce, adapt, transmit, communicate or otherwise use Masters, all upon such terms and conditions as Company may elect, or at its discretion, to refrain therefrom.
(b) In accordance with subparagraph 6(a) of this agreement, Company and any Person authorized by Company, including Company's licensees and institutional advertisers, shall have the exclusive right during the term and the non exclusive and perpetual right after the term hereof, without any liability to any Person, to use and to authorize other Persons to use the names (including any professional names heretofore or hereafter adopted), and any likenesses, whether or not current (including photographs, portraits, caricatures and stills from any Videos made hereunder), autographs (including facsimile signatures) and biographical material of or relating to Artist, to any producer and to any other Person performing services in connection with Masters hereunder, on and in the packaging of Records hereunder, and for purposes of advertising, promotion and trade and in connection with the marketing and exploitation of Records hereunder and general goodwill advertising (i.e., advertising designed to create goodwill and prestige and not for the purpose of selling any specific product or service), without payment of additional compensation to you or Artist or any other Person. Notwithstanding the foregoing, Company shall comply with any contractual limitations on the use of the name and likeness of any such producer or other Person that exist prior to the execution of this Agreementthe Artist's agreement with such producer or other Person, Purchaser provided you have given Company prior written notice of any such limitation: you agree to use your reasonable efforts to obtain the fullest rights to use the name and likeness of any such producer or other Person consistent with the custom and practice in the United States record industry. No such names, likenesses, or biographical material shall ownbe used in connection with product (other than Records hereunder) or service endorsements or merchandising: provided, however, that Company may use such names, likenesses, and Owner hereby sells, transfers, assigns and grants to Purchaser, exclusively and perpetually, throughout biographical material in connection with the universe, all right, title and interest in and to the Work (including all stories, plots, characters, characterizations, dialogue, screenplays, treatments, drafts revisions and other adaptations thereof whether heretofore or hereafter created by Owner or any other person) (the "Rights")promotion of Records hereunder, including, without limitation, the following: distribution of promotional merchandise solely on a gratis basis. You represent and warrant that you own the exclusive right to so use such names, likenesses, autographs (aincluding facsimile signatures) all and biographical materials and that the use of same will not infringe upon the rights of copyright (including all renewals any third party. If any Person challenges Artist's right to use a professional name, Company may, at its election and extensions thereof); (b) the sole and exclusive motion picture (silent, sound, musical and/or talking) television and all other audio-visual without limiting Company's rights, and allied and incidental rightsrequire Artist to adopt another professional name approved by Company. Company shall have the right to do, including radio, legitimate stage, theatrical, television(whether live, filmed, taped or otherwise recorded, and including series rights, subscription, pay, cable, satellite and free television rights), cassette, disc and other video devices, interactive, internet, sequel, remake, phonograph record, advertising, publication, novelization and promotion rights(including the rights to broadcast and/or telecast by television and/or radio or any other process, now known or hereafter devised, any part of the Work or any adaptation or version thereof, and announcements of and concerning same); (c) all rights to exploit, distribute and exhibit any content or other production produced hereunder in all media now known or hereafter devised; (d) all rights to make any and all changes to, and adaptations of the Work; (e) all merchandising, commercial tie-in, sound track, music publishing and exploitation rights; and (f) all other rights customarily obtained in connection with formal literary purchase agreements. Owner hereby waives and releases any and all "separated rights," "moral rights," rights to reversion of title to the 'Work, and any other rights or claims which Owner may have or hereafter acquire in the Work. Nothing contained in this Agreement shall be construed as requiring Purchaser to exercise or exploit any of the rights granted to or acquired by Purchaser under this Agreement. Owner but shall not be entitled required to do, a Trademark and or Service Xxxx search of each and every professional name and or xxxx which Artist uses or by which Artist is known. Company may, but is not required to, spend up to $600 per search which shall be deemed an advance. During the customary passive royalties should there be any remakeTerm, sequel or television movie, mini-series, pilot, series, or spin-off. Additionally, Owner Artist will not change the name by which Artist is professionally known without Company's prior written approval which shall not have a turnaround or reversion rights to the original Treatment if the show is not produced within 5 years from the date of Purchase hereunder.be unreasonably withheld
Appears in 1 contract
Samples: Recording Agreement (Paradise Music & Entertainment Inc)
Grant of Rights. Upon the execution of this Agreement, Purchaser shall own, and Owner hereby sells, transfers, assigns and grants to Purchaser, exclusively and perpetually, throughout the universe, all right, title and interest in and to the Work (including all stories, plots, characters, characterizations, dialogue, screenplays, treatments, drafts revisions and other adaptations thereof whether heretofore or hereafter created by Owner or any other person) (the "Rights"), including, without limitation, the following: (a) In consideration of the sum of One Dollar, and for other good and valid consideration, the Writers hereby sell, assign, transfer and deliver to the Publisher of the copyright of and in those musical compositions lyrics, (whether of music or lyrics or librettos or all combined), which are written and/or composed by the Writers (or arranged by the Writers if any are compositions that are in the public domain) including the title, words and music, and all rights of whatever kind or nature relating to musical compositions and lyrics created by the Writers during the Term of this Agreement (individually and collectively referred hereinafter as “the Said Works”). The Said Works shall include:
(i) all those works written and/or composed by the Writers (whether alone and/or in collaboration with others) as set forth in Schedule Two of this Agreement and:
(ii) all those works heretofore written and/or composed by the Writers (whether alone and/or in collaboration with others) and:
(iii) all those works hereinafter written by the Writers (whether at the request of the Publisher or otherwise and whether alone or in collaboration) during the Term hereof (and any period during which this Agreement may be extended).
(iv) The Publisher shall be entitled to renew and extend the registration and protection of any and all such copyrights and other rights and the ownership of such renewed and extended copyrights and other rights as may now or hereafter be conferred by the laws of any other territory so that the entire copyrights and all other rights that may exist in the Said Works shall vest absolutely in the Publisher for the entire period of copyright (including all extensions and renewals and extensions thereof); ) absolutely free from the adverse claims of any third party (b) the sole and exclusive motion picture (silent, sound, musical and/or talking) television and all other audio-visual rights, and allied and incidental rights, including radio, legitimate stage, theatrical, television(whether live, filmed, taped or otherwise recorded, and including series rights, subscription, pay, cable, satellite and free television rights), cassette, disc and other video devices, interactive, internet, sequel, remake, phonograph record, advertising, publication, novelization and promotion rights(including subject to the rights to broadcast and/or telecast of BMI (“BMI”) in the Said Works arising by television and/or radio or any other process, now known or hereafter devised, any part virtue of the Work or any adaptation or version thereofWriters’ membership therein). If, and announcements however, upon the termination of and concerning same); (c) all rights to exploitthe Writers’ membership in BMI, distribute and exhibit any content or other production produced hereunder in all media now known or hereafter devised; (d) all rights to make any and all changes tosuch rights referred herein shall revert to the Writers, and adaptations THEN, such rights shall simultaneously be vested in the Publisher, however, in such event, the Publisher shall pay to the Writers the same share of all fees received by the Publisher (in lieu of BMI termination or other cause) as the share that would have been payable to the Writers in respect thereof.
(v) Without prejudice to the generality of the Work; (e) all merchandisinggrant of rights hereinbefore contained, commercial tie-in, sound track, music publishing the Publisher shall have the exclusive right to obtain and exploitation rights; and (f) all other rights customarily obtained maintain full copyright in connection with formal literary purchase agreements. Owner hereby waives and releases the Said Works throughout the Territories as listed in Schedule 1 and/or any and all "separated rights," "moral rights," of the Writers’ rights to reversion of title existing under any agreements or licenses relating to the 'WorkSaid Works, and any other rights or claims which Owner may have or hereafter acquire in for the Work. Nothing contained in this Agreement shall be construed as requiring Purchaser to exercise or exploit any of the rights granted to or acquired by Purchaser under this Agreement. Owner shall not be entitled to the customary passive royalties should there be any remake, sequel or television movie, mini-series, pilot, series, or spin-off. Additionally, Owner shall not have a turnaround or reversion rights to the original Treatment if the show is not produced within 5 years from the date of Purchase hereunderRights Period hereinafter defined.
Appears in 1 contract
Samples: Publishing Agreement
Grant of Rights. Upon (a) All Recordings made or furnished to Company by you or Artist embodying Artist's performances under this agreement or during the Term from the inception of the recording thereof, and all reproductions derived therefrom, together with the performances embodied thereon, shall be the property of Company in perpetuity for the Territory free from any claims whatsoever by you or Artist or any other Person. Company shall have the exclusive right throughout the Territory to copyright those Recordings in Company's name as the author and owner of them and to secure any and all renewals and extensions of copyright throughout the Territory. Each such Recording shall be considered a "work made for hire" for Company; if any such Recording is determined not to be a "work made for hire," it will be deemed transferred to Company by this agreement, together with all rights in it. You and Artist hereby irrevocably and unconditionally waive any and all moral and like rights, that Artist has in the Recordings and in the performances embodied therein and hereby agree not to make any claim against Company or any Person authorized by Company to exploit the Recordings based on such moral or like rights, but Company shall not have the right to modify the masters in any way once same are accepted by Company, without limiting the generality of the foregoing, Company and any Person authorized by Company shall have the exclusive and unlimited right to all the results and proceeds of Artist's recording services rendered during the Term, including, but not limited to, the exclusive, unlimited and perpetual rights throughout the Territory:
(i) to manufacture, advertise, sell, lease, license, distribute or otherwise use, exploit or dispose of, in any or all fields of use by any method now or hereafter known, Records embodying Masters;
(ii) to release Records derived from Masters under any name, trademark or label which Company or its subsidiaries, affiliates or licensees may from time to time elect, provided that such label is company's top label imprint, currently Push Records.
(iii) to perform such Masters publicly and to permit public performances thereof by means of radio broadcast, television or any other method now or hereafter known, provided that fifty percent (50%) of public performance income paid directly to and received by Company therefrom will promptly be paid, (without regard to recoupment), to you without regard to the recouped status of your account.
(iv) to reproduce, adapt, transmit, communicate or otherwise use Masters, all upon such terms and conditions as Company may elect, or at its discretion, to refrain therefrom.
(b) In accordance with subparagraph 6(a) of this agreement, Company and any Person authorized by Company, including Company's licensees and institutional advertisers, shall have the exclusive right during the term and the non exclusive and perpetual right after the term hereof, without any liability to any Person, to use and to authorize other Persons to use the names (including any professional names heretofore or hereafter adopted), and any likenesses, whether or not current (including photographs, portraits, caricatures and stills from any Videos made hereunder), autographs (including facsimile signatures) and biographical material of or relating to Artist, to any producer and to any other Person performing services in connection with Masters hereunder, on and in the packaging of Records hereunder, and for purposes of advertising, promotion and trade and in connection with the marketing and exploitation of Records hereunder and general goodwill advertising (i.e., advertising designed to create goodwill and prestige and not for the purpose of selling any specific product or service), without payment of additional compensation to you or Artist or any other Person. Notwithstanding the foregoing, Company shall comply with any contractual limitations on the use of the name and likeness of any such producer or other Person that exist prior to the execution of this Agreementyour or Artist's agreement with such producer or other Person, Purchaser provided you have given Company prior written notice of any such limitation: you agree to use your reasonable efforts to obtain the fullest rights to use the name and likeness of any such producer or other Person consistent with the custom and practice in the United States record industry. No such names, likenesses, or biographical material shall ownbe used in connection with product (other than Records hereunder) or service endorsements or merchandising provided, however, that Company may use such names, likenesses, and Owner hereby sellsbiographical material in connection with the promotion of Records hereunder, transfers, assigns and grants to Purchaser, exclusively and perpetually, throughout the universe, all right, title and interest in and to the Work (including all stories, plots, characters, characterizations, dialogue, screenplays, treatments, drafts revisions and other adaptations thereof whether heretofore or hereafter created by Owner or any other person) (the "Rights")with your prior written consent which may be reasonably withheld, including, without limitation, the following: distribution of promotional merchandise solely on a gratis basis. You represent and warrant that you own the exclusive right to so use such names, likenesses, autographs (aincluding facsimile signatures) all and biographical materials and that the use of same will not infringe upon the rights of copyright (including all renewals any third party. If any Person challenges Artist's right to use a professional name, Company may, at its election and extensions thereof); (b) the sole and exclusive motion picture (silent, sound, musical and/or talking) television and all other audio-visual without limiting Company's rights, require Artist to adopt another professional name approved by Company. Company shall have the right to do, but shall not be required to do, a Trademark and allied or Service Xxxx search of each and incidental rightsevery professional name and or xxxx which Artist uses or by which Artist is known. During the Term, including radio, legitimate stage, theatrical, television(whether live, filmed, taped or otherwise recorded, and including series rights, subscription, pay, cable, satellite and free television rights), cassette, disc and other video devices, interactive, internet, sequel, remake, phonograph record, advertising, publication, novelization and promotion rights(including Artist will not change the rights to broadcast and/or telecast name by television and/or radio or any other process, now which Artist is professionally known or hereafter devised, any part of the Work or any adaptation or version thereof, and announcements of and concerning same); without Company's prior written approval which shall not be unreasonably withheld.
(c) all In addition to our other rights hereunder, we shall have the right, at our election and for any reason, with or without cause, to exploitterminate the Term at any time by written notice to you. Additionally, distribute we shall have the right, at our election, with or without cause, to refuse to permit you to fulfill your then-current Recording Commitment for any Contract Period including, without limitation, by discontinuing recording sessions for any Masters and exhibit ceasing the payment of Recording Costs for any content Masters. If we refuse to permit you to fulfill your minimum Recording Commitment for any Contract Period, other than as a result of an event or other production produced hereunder contingency referred to in all media now known subparagraph 13(b), we shall have no obligations or hereafter devisedliabilities to you in connection therewith unless within forty five (45) days after our refusal you shall notify us of your desire to fulfill your minimum Recording Commitment for that Contract Period and within thirty (30) days after our receipt of that notice we shall fail to advise you in writing that we shall permit you to fulfill your minimum Recording Commitment for that Contract Period. If we shall fail to so advise you in writing that we shall permit you to fulfill your minimum Recording Commitment for that Contract Period, the Term shall expire as of the end of that thirty (30) day period and we shall have no obligations or liabilities to you whatsoever in connection with our failure to permit you to fulfill your Recording Commitment for that Contract Period. We shall, however, pay to you promptly after the expiration of that thirty (30) day period, as an advance recoupable from royalties hereunder, an amount equal to:
(A) If the term expires pursuant to subparagraph 5(c) during the Initial Period (the "First Album"): one-third (1/3) of the applicable Recording Advance; one half (d1/2) all rights if recording has actually commenced, or
(B) If the term expires pursuant to make subparagraph, 5(c) during the First Option Period (the "Second Album"): one-third (1/3) of the applicable Recording Advance; one half (1/2) if recording has actually commenced, or
(C) If the term expires pursuant to subparagraph 5(c) during the Second Option Period (the "Third Album" and "Fourth Album"):
(i) prior to commencement of recording the Third Album, one-third (1/3) of the Recording Advance for the Third Album or;
(ii) if recording of the Third Album has actually commenced, one half (1/2) of the Recording Advance for the Third Album or;
(iii) if the Third Album has been recorded and delivered but prior to commencement of recording of the Fourth Album, one third (1/3) of the Recording Advance for the Fourth Album or;
(iv) if recording of the Fourth Album has actually commenced, one half (1/2) of the Recording Advance for the Fourth Album. Any such payment shall be less any advances including amounts previously paid or incurred by Company which may or were intended to reduce, be applied against or be charged against the applicable Recording Advance and shall be inclusive of the minimum union scale payments which would have been required to have been paid to Artist for each Required Album for that Contract Period that we did not permit you to record, which such payment shall be deemed to be in full satisfaction of any and all changes to, and adaptations of the Work; (e) all merchandising, commercial tie-in, sound track, music publishing and exploitation rights; and (f) all other rights customarily obtained Company's obligations hereunder in connection with formal literary purchase agreementssuch Master Recordings (other than those which survive the expiration of the Term, such as warranties, recording re-restrictions, and royalty accountings), and the Term shall automatically terminate as of the date of any such notice and payment pursuant to this subparagraph 5(e). Owner hereby waives and releases Company shall have the right to charge any payment to you or Artist pursuant to this subparagraph 5(e) against and/or deduct same from any and all "separated rights," "moral rights," rights to reversion of title to the 'Work, and any other rights monies (excluding mechanical royalties) accruing or claims which Owner may have or hereafter acquire in the Work. Nothing contained in this Agreement shall be construed as requiring Purchaser to exercise or exploit any of the rights granted to or acquired by Purchaser under this Agreement. Owner shall not be entitled to the customary passive royalties should there be any remake, sequel or television movie, mini-series, pilot, series, or spin-off. Additionally, Owner shall not have a turnaround or reversion rights to the original Treatment if the show is not produced within 5 years from the date of Purchase becoming payable hereunder.
Appears in 1 contract
Samples: Exclusive Services Agreement (Paradise Music & Entertainment Inc)
Grant of Rights. Upon AICH hereby xxxxts the execution following to Bodyguard:
A. The Rights for a period of this Agreementtwelve (12) years;
B. The non-exclusive right to use, Purchaser shall ownor license others to use, the names, artwork negatives, likenesses or biographies of the Artist whose performance is embodied in the Master Recording for the purpose of advertising, promotion or sale of Records;
C. AICH herexx xxxxts to Bodyguard, its associates, subsidiaries and Owner hereby sellsnominees:
(i) the right to manufacture, transfersadvertise, assigns and grants to Purchasersell, exclusively and perpetuallylease, license or otherwise use or dispose of in any or all fields of use, throughout the universeUniverse, all rightrecords embodying the performances addressed hereunder; and (ii) the right to use artist's name and photograph if desired, title in connection with the exploitation of said Records;
D. The non-exclusive right to license others to use Master Recording for commercials, television productions, music videos, television commercials, motion pictures and interest any other audio-visual or multi-media reproductions now known or which may hereafter come into existence without the prior written consent of AICH;
E. The non-exclusive right to use, or license others to use, AICH's trademarks and logos (hereinafter called "Marks") only on Records or in and connection with the marketing thereof, if Bodyguard chooses to do so;
F. Bodyguard shall have the Work (including all storiesunlimited, plotsexclusive rights, charactersthroughout the Territory to publicly perform or to permit the public performance of the Master Recording by means of radio broadcast, characterizationscable transmission, dialoguesatellite transmission, screenplays, treatments, drafts revisions and other adaptations thereof whether heretofore or hereafter created by Owner television broadcast or any other person) (the "Rights")method now or hereafter known, including, without limitation, digital downloading or streaming media delivery.
G. Recoupable expenses, as covered by the followingArtist Agreement, will include any and all of the following expenses, if provided by Bodyguard to AICH: (ai) onx- xundred percent (100%) of any andf all rights of copyright recording studio time, (including all renewals which will be billed at One Hundred and extensions thereofFifty ($150.00) Dollars per hour for recording, mixing and remixing time); (bii) the sole and exclusive motion picture (silent, sound, musical and/or talking) television and all other audio-visual rights, and allied and incidental rights, including radio, legitimate stage, theatrical, television(whether live, filmed, taped or otherwise recorded, and including series rights, subscription, pay, cable, satellite and free television rights), cassette, disc and other video devices, interactive, internet, sequel, remake, phonograph record, advertising, publication, novelization and promotion rights(including the rights to broadcast and/or telecast by television and/or radio or any other process, now known or hereafter devised, any part of the Work or any adaptation or version thereof, and announcements of and concerning same)mastering services; (ciii) all rights to exploit, distribute and exhibit any content or other production produced hereunder in all media now known or hereafter devisedcompact disc manufacturing; (div) all rights to make any and all changes to, and adaptations of the WorkDVD manufacturing; (ev) all merchandisingengineering fees; (vi) graphic design; (vii) photography; (viii) publicist fees; (ix) print advertising; (x) session musicians; (xi) advances; (xii) salary or financial compensation of any kind; (xiii) food, commercial tie-in, sound track, music publishing fuel and exploitation rightsaccommodation expenses during promotional appearances and touring; and (fxiv) all other rights customarily obtained in connection with formal literary purchase agreements. Owner hereby waives and releases any and all "separated rights," "moral rights," rights to reversion of title to the 'Work, and any other rights or claims which Owner may have or hereafter acquire in the Work. Nothing contained in this Agreement shall be construed as requiring Purchaser to exercise or exploit any fifty (50%) percent of the rights granted cost of a any promotional video and cable television commercial, that Bodyguard elects to or acquired by Purchaser under this Agreement. Owner shall not be entitled to the customary passive royalties should there be any remake, sequel or television movie, mini-series, pilot, series, or spin-off. Additionally, Owner shall not have a turnaround or reversion rights to the original Treatment if the show is not produced within 5 years from the date of Purchase hereunderfilm.
Appears in 1 contract
