Common use of Publishing Rights Clause in Contracts

Publishing Rights. (a) WRESTLER agrees and grants PROMOTER during the Term the unconditional and exclusive right throughout the world to use, simulate and portray WRESTLER’s name, likeness, voice, personality, personal identification and personal experiences, characters if owned by him or PROMOTER, incidents, situations and events which heretofore occurred or hereafter occur (in whole or in part) as it relates in any manner to WRESTLER’s life and WRESTLER’s wrestling career, in connection with the creation and sale of certain movies, or other forms of media now known or hereinafter discovered, as PROMOTER shall determine in its sole discretion (collectively “Publishing Rights”). For the avoidance of doubt, PROMOTER shall have the right to produce and develop the Book and any Publishing Rights associated therewith during the Term of the Agreement. If PROMOTER however, has begun to materially develop the concept and/or format for the Book, which shall include but not be limited to retaining a writer for the Book, in any manner during the Term in cooperation with WRESTLER which may be evidenced by working with a writer on his Book or by his prior written consent to such use, then PROMOTER shall have the right to complete, publish and/or sell the Book or such other end results of the Publishing Rights despite the expiration of the Term. Notwithstanding anything to the contrary herein, PROMOTER shall have the right in perpetuity to sell and/or distribute the Book or the end results of any Publishing Rights developed in any manner during the Term of this Agreement in cooperation with WRESTLER regardless of whether this Agreement expires or terminates for any reason whatsoever. (b) WRESTLER reserves no rights to himself with respect to the Publishing Rights set forth in Section 4.5(a). Notwithstanding the foregoing, PROMOTER shall use commercially reasonable efforts to attempt to provide WRESTLER with the right to approve the edited versions of the end results of any Publishing Rights associated therewith which publisher provides to PROMOTER provided WRESTLER approves such versions in accordance with the publisher’s publishing schedule. WRESTLER represents and warrants that WRESTLER has not prior hereto and shall not for a period of at least eighteen (18) months after termination of this Agreement for any reason whatsoever, authorize or grant any party other than PROMOTER the right to print, publish and/or sell any book similar to that contemplated by the Publishing Rights herein. (c) WRESTLER further acknowledges and agrees that PROMOTER, in its sole discretion, may sublicense any or all of the rights set forth in this Section 4.5 to a third party such as a publishing company known as Simon & Xxxxxxxx, as PROMOTER may determine in its sole discretion. (d) WRESTLER further acknowledges and agrees that he shall cooperate and use his best efforts to work with and assist the writer or writers appointed and paid for by PROMOTER (however such amounts shall be recoupable by PROMOTER against any royalties due WRESTLER), to develop, draft and write those things contemplated by the Publishing Rights, which efforts shall include but not be limited to providing ideas and text and/or performing such reasonable activities necessary to print, publish and sell, to participate in, at PROMOTER’s expense, an author promotion tour of eight (8) days which may or may not be consecutive days during the one (1) month period immediately following first publication. The publisher and the PROMOTER shall coordinate author promotions with the touring obligations of WRESTLER so as not to cause a conflict. In all instances, the PROMOTER retains the first priority over each such tour with respect to the use and scheduling of the services of the WRESTLER. (e) WRESTLER hereby releases and discharges PROMOTER, the producer or developer of any Publishing Rights as set forth herein, its and their respective employees, agents, licensees, successors, and assigns from any and all claims, demands, or causes of actions brought against the foregoing parties for libel, defamation, invasion of privacy, right of publicity, infringement of copyright or violation of any other rights arising out of or relating to the WRESTLER’s life story and/or the Publishing Rights, as defined herein; provided, however that the foregoing release shall be null and void if such claims, demands, or causes of action arise from text, content or end results authored or created without input or approval from WRESTLER. (f) Notwithstanding anything herein to the contrary, PROMOTER shall indemnify, defend, hold harmless WRESTLER, his representatives, agents, heirs and assigns, from and against all claims, damages, liabilities, losses and costs including reasonable attorneys’ fees in connection with or relating to: (a) breach by PROMOTER of any of its representations or covenants herein; or (b) any claim that the WRESTLER’s life story and/or the Publishing Rights, or any portion thereof, authored or created without input or approval from WRESTLER, and/or any other idea, text, content or end results of every kind of the services hereafter rendered by the writer or writers appointed by PROMOTER without input or approval from WRESTLER, violates a third party’s intellectual, proprietary or privacy rights including without limitation, libel, defamation, invasion of privacy, right of publicity, patent, copyright, trademark or trade secret.

Publishing Rights. Any and all publishing rights in and to such Subject Property (a) WRESTLER agrees and grants PROMOTER during including, without limitation, the Term following rights), except, if Producer shall have exercised the unconditional and exclusive right throughout the world to useOption for a particular Subject Property, simulate and portray WRESTLER’s name, likeness, voice, personality, personal identification and personal experiences, characters if owned by him or PROMOTER, incidents, situations and events which heretofore occurred or hereafter occur (in whole or in part) as it relates in any manner to WRESTLER’s life and WRESTLER’s wrestling career, in connection with the creation and sale of certain movies, or other forms of media now known or hereinafter discovered, as PROMOTER Producer shall determine in its sole discretion (collectively “Publishing Rights”). For the avoidance of doubt, PROMOTER shall then have the right to produce publish excerpts from and develop summaries of such Subject Property, or any motion picture or other versions thereof based upon that Subject Property, for advertising and/or publicizing purposes only (not for sale or resale) of any work produced pursuant to the Book Rights and any Publishing Rights associated therewith during the Term of the Agreement. If PROMOTER however, has begun to materially develop the concept and/or format for the Book, which shall include but not be limited to retaining a writer for the Book, in any manner during the Term in cooperation with WRESTLER which may be evidenced by working with a writer on his Book or by his prior written consent to such use, then PROMOTER shall have the right to completepublish souvenir booklets (for release only at those theaters exhibiting a Production based on that Subject Property and produced pursuant to the Rights granted hereunder) and "making-of-the-movie" and "coffee-table" type books relating to the Production, publish and/or sell provided that no such publication shall contain excerpts or summaries taken from such Subject Property in excess of 7,500 words in the Book aggregate or such other end results ten percent (10%) of the Publishing Rights despite the expiration text of the Term. Notwithstanding anything Subject Property in the aggregate, or ten percent (10%) of the illustrations from the Subject Property in the aggregate (whichever is less), but not to the contrary herein, PROMOTER shall have the right in perpetuity to sell and/or distribute the Book exceed fifteen (15) full comic- book pages or the end results of any Publishing Rights developed in any manner during equivalent for the Term of this Agreement in cooperation with WRESTLER regardless of whether this Agreement expires or terminates Subject Property for any reason whatsoever. particular Production (b) WRESTLER reserves no rights and subject to himself with respect to the Publishing Rights set forth in Section 4.5(a). Notwithstanding the foregoing, PROMOTER shall use commercially reasonable efforts to attempt to provide WRESTLER with the Owner's right to approve the edited versions of the end results of any Publishing Rights associated therewith which publisher provides such publication). The foregoing limitation is not intended to PROMOTER provided WRESTLER approves such versions in accordance with the publisher’s publishing schedule. WRESTLER represents and warrants that WRESTLER has not prior hereto and shall not for a period preclude Producer's publication of at least eighteen advertising and/or publicity materials in installments, subject to the foregoing limitations. With respect to any "making-of-the-movie" type books, such book(s) shall be titled differently than the Subject Property (18) months after termination but such title may contain the title of this Agreement for any reason whatsoeverthe Subject Property such as "The Making of the Film"), authorize or grant any party and Owner's name will not appear on the cover, the title page of the spine thereof other than PROMOTER as part of the billing block or credit list, if any, for the underlying picture, but Owner shall be accorded such copyright and trademark notices as Owner designates, as well as an "appears courtesy of Top Cow Productions, Inc." credit in any such book or periodical: (A) Print Editions: The right to print, publish and/or sell any book similar to that contemplated by the Publishing Rights herein. (c) WRESTLER further acknowledges and agrees that PROMOTERpublish, in its sole discretion, may sublicense any or all of the rights set forth in this Section 4.5 to a third party such as a publishing company known as Simon & Xxxxxxxx, as PROMOTER may determine in its sole discretion. (d) WRESTLER further acknowledges and agrees that he shall cooperate and use his best efforts to work with and assist the writer or writers appointed and paid for by PROMOTER (however such amounts shall be recoupable by PROMOTER against any royalties due WRESTLER), to develop, draft and write those things contemplated by the Publishing Rights, which efforts shall include but not be limited to providing ideas and text and/or performing such reasonable activities necessary to print, publish and sell, to participate in, at PROMOTER’s expense, an author promotion tour of eight (8) days which may or may not be consecutive days during the one (1) month period immediately following first publication. The publisher and the PROMOTER shall coordinate author promotions with the touring obligations of WRESTLER so as not to cause a conflict. In all instances, the PROMOTER retains the first priority over each such tour with respect to the use and scheduling of the services of the WRESTLER. (e) WRESTLER hereby releases and discharges PROMOTER, the producer or developer otherwise distribute print editions of any Publishing Rights as set forth hereinSubject Property in comic-book, its and their respective employeesgraphic-novel, agentsor other book form, licensees, successorswhether hardcover or softcover, and assigns from any and all claimsin magazines or other periodicals, demandswhether in installments or otherwise, or causes of actions brought against the foregoing parties for libelincluding, defamation, invasion of privacy, right of publicity, infringement of copyright or violation of any other rights arising out of or relating to the WRESTLER’s life story and/or the Publishing Rights, as defined herein; provided, however that the foregoing release shall be null and void if such claims, demands, or causes of action arise from text, content or end results authored or created without input or approval from WRESTLER. (f) Notwithstanding anything herein to the contrary, PROMOTER shall indemnify, defend, hold harmless WRESTLER, his representatives, agents, heirs and assigns, from and against all claims, damages, liabilities, losses and costs including reasonable attorneys’ fees in connection with or relating to: (a) breach by PROMOTER of any of its representations or covenants herein; or (b) any claim that the WRESTLER’s life story and/or the Publishing Rights, or any portion thereof, authored or created without input or approval from WRESTLER, and/or any other idea, text, content or end results of every kind of the services hereafter rendered by the writer or writers appointed by PROMOTER without input or approval from WRESTLER, violates a third party’s intellectual, proprietary or privacy rights including without limitation, libelin comic-book or comic-strip form, defamation, invasion of privacy, right of publicity, patent, copyright, trademark and on posters or trade secrettrading cards or any other print format.