Common use of Results and Proceeds Clause in Contracts

Results and Proceeds. Consultant acknowledges that all results and proceeds of the Services (including all original ideas in connection therewith and any physical materials created by or on behalf of Consultant) shall be “work made for hire” for Company and, therefore, Company shall be the author and copyright owner thereof for all purposes throughout the universe in perpetuity. Company shall solely and exclusively own throughout the universe in perpetuity, including renewal and extension periods, if any, all rights of every kind and nature whether now or hereafter created in and in connection with such results and proceeds including: (a) the copyright and all rights of copyright; (b) all neighboring rights, trademarks and any and all other ownership and exploitation rights now or hereafter recognized in any territory, including all rental, lending, fixation, reproduction, retransmission, broadcasting (including satellite transmission), distribution and all other rights of communication by any and all means, devices and technology; (c) the right to adapt, change, delete from and add to such results and proceeds, and to use all or any part thereof in new versions, adaptations, and other motion pictures, including remakes, sequels and television productions; and (d) all rights generally known as “moral rights.” If the foregoing does not fully vest in Company all rights of every kind and nature (including those set forth above) in the Services throughout the world in perpetuity, then Consultant hereby irrevocably grants and assigns to Company all rights not so vested (and so far as may be appropriate by way of immediate assignment of future copyright) throughout the universe in perpetuity, including renewal and extension periods, if any, whether now or hereafter known or created, free from all restrictions and limitations. Without limiting the foregoing, Consultant hereby waives the benefit of any moral rights, “droit moral,” or similar laws. Consultant hereby irrevocably appoints Company as its attorney-in-fact with full power to execute, acknowledge, deliver and record in the U.S. Copyright Office or Patent and Trademark Office or elsewhere any and all such documents Consultant fails to execute, acknowledge and deliver within five (5) business days after Company’s request therefor. Upon request, Company shall provide Consultant with copies of any such documents.

Results and Proceeds. Consultant acknowledges that all The results and proceeds of the Services (including all original ideas in connection therewith your services hereunder, including, without limitation, any works of authorship resulting from your services during your employment and any physical materials created by or on behalf of Consultant) works in progress, shall be “work made for hire” for Company and, therefore, Company works-made-for-hire and Studio shall be deemed the author sole owner throughout the universe of any and copyright owner thereof all rights of whatsoever nature therein, whether or not now or hereafter known, existing, contemplated, recognized or developed, with the right to use the same in perpetuity in any manner Studio determines in its sole discretion without any further payment to you whatsoever. If, for any reason, any of such results and proceeds shall not legally be a work-for-hire and/or there are any rights which do not accrue to Studio under the preceding sentence, then you hereby irrevocably assign and agree to assign any and all purposes of your right, title and interest thereto, including, without limitation, any and all copyrights, patents, trade secrets, trademarks and/or other rights of whatsoever nature therein, whether or not now or hereafter known, existing, contemplated, recognized or developed by Studio, and Studio shall have the right to use the same in perpetuity throughout the universe in perpetuity. Company shall solely and exclusively own throughout the universe in perpetuity, including renewal and extension periods, if any, all rights any manner Studio may deem useful or desirable to establish or document Studio’s exclusive ownership of every kind and nature whether now or hereafter created in and in connection with such results and proceeds including: (a) the copyright any and all rights of copyright; (b) all neighboring rights, trademarks and any and all other ownership and exploitation rights now or hereafter recognized in any territory, including all rental, lending, fixation, reproduction, retransmission, broadcasting (including satellite transmission), distribution and all other rights of communication by any and all means, devices and technology; (c) the right to adapt, change, delete from and add to such results and proceeds, including, without limitation, the execution of appropriate copyright and/or patent applications or assignments. To the extent you have any rights in the results and proceeds of your services that cannot be assigned in the manner described above, you unconditionally and irrevocably waive the enforcement of such rights. This Paragraph 8.b is subject to, and shall not be deemed to use all limit, restrict, or constitute any waiver by Studio of any rights of ownership to which Studio may be entitled by operation of law by virtue of Studio or any part thereof in new versions, adaptations, and other motion pictures, including remakes, sequels and television productions; and (d) all rights generally known as “moral rightsof its affiliates being your employer.” If the foregoing does not fully vest in Company all rights of every kind and nature (including those set forth above) in the Services throughout the world in perpetuity, then Consultant hereby irrevocably grants and assigns to Company all rights not so vested (and so far as may be appropriate by way of immediate assignment of future copyright) throughout the universe in perpetuity, including renewal and extension periods, if any, whether now or hereafter known or created, free from all restrictions and limitations. Without limiting the foregoing, Consultant hereby waives the benefit of any moral rights, “droit moral,” or similar laws. Consultant hereby irrevocably appoints Company as its attorney-in-fact with full power to execute, acknowledge, deliver and record in the U.S. Copyright Office or Patent and Trademark Office or elsewhere any and all such documents Consultant fails to execute, acknowledge and deliver within five (5) business days after Company’s request therefor. Upon request, Company shall provide Consultant with copies of any such documents.

Results and Proceeds. Consultant acknowledges that Company owns exclusively all of the results and proceeds of Teacher’s services hereunder (the Services (including all original ideas in connection therewith “Results and any physical materials created by Proceeds”), which constitute work specially ordered or on behalf commissioned for use as a part of Consultant) shall be an audio or audio-visual work and are considered “work made for work- made-for-hire” for as such term is used in the United States Copyright Act. Accordingly, Company is considered the author and, thereforeat all stages of completion, Company shall be is the author sole and copyright exclusive owner thereof for of all purposes Wake Ups produced hereunder and all elements thereof. Company’s rights in and to such Wake Ups include, without limitation, all copyrights, ownership and exploitation rights in the Wake Ups and the right to exploit the Wake Ups throughout the universe in perpetuityperpetuity in all media and in any manner now known or hereafter devised. If under any applicable law the fact that the Results and Proceeds are work-made-for-hire is not effective to place authorship and ownership of the Wake Ups in Company, then to the fullest extent allowable, Teacher hereby assigns to Company shall solely all rights in and exclusively own to the Results and Proceeds. Teacher hereby grants Company the right to change, add to, take from, translate, reformat or reprocess the Wake Ups in any manner that Company may determine in its sole discretion. To the fullest extent allowable under any applicable law, Teacher hereby irrevocably waives or assigns to Company its so-called “moral rights” or “droits moral.” Teacher hereby irrevocably assigns to Company (or if any applicable law prohibits or limits such assignment, Teacher hereby irrevocably licenses to Company), in perpetuity throughout the universe in perpetuity, including renewal and extension periods, if anyuniverse, all of Teacher’s rights of every kind and nature whether now or hereafter created in and in connection with such results and proceeds including: (a) to authorize, prohibit and/or control the copyright and all rights of copyright; (b) all neighboring rights, trademarks and any and all other ownership and exploitation rights now or hereafter recognized in any territory, including all rentalrenting, lending, fixation, reproduction, retransmission, broadcasting (including satellite transmission), distribution and all reproduction and/or other rights exploitation of communication the Wake Ups by any and all means, devices and technology; (c) the right to adapt, change, delete from and add to such results and proceeds, and to use all or any part thereof in new versions, adaptations, and other motion pictures, including remakes, sequels and television productions; and (d) all rights generally known as “moral rights.” If the foregoing does not fully vest in Company all rights of every kind and nature (including those set forth above) in the Services throughout the world in perpetuity, then Consultant hereby irrevocably grants and assigns to Company all rights not so vested (and so far media and/or means as may be appropriate conferred upon Teacher under any so-called “Rental and Lending Rights” pursuant to any European Union directives and/or enabling laws enacted by way of immediate assignment of future copyright) throughout the universe in perpetuity, including renewal and extension periods, if any, whether now or hereafter known or created, free from all restrictions and limitations. Without limiting the foregoing, Consultant hereby waives the benefit of any moral rights, “droit moral,” or similar laws. Consultant hereby irrevocably appoints Company as its attorney-in-fact with full power to execute, acknowledge, deliver and record in the U.S. Copyright Office or Patent and Trademark Office or elsewhere any and all such documents Consultant fails to execute, acknowledge and deliver within five (5) business days after Company’s request therefor. Upon request, Company shall provide Consultant with copies of any such documentsmember nations thereof.