Common use of Use of Materials Clause in Contracts

Use of Materials. A. Definition of terms: The term "Materials" includes all scripts, continuities, poems, plots, titles, characters, ideas, and literary works of whatever nature. The term "materials produced for the Company" means all materials written, conceived or furnished by a Newswriter as part of the Newswriter's routine work or pursuant to any specific assignment by the Company. The term "materials produced on a Newswriter's own time" means all other materials written or conceived by a Newswriter. B. Materials produced on a Newswriter's own time shall belong exclusively to such Writer who shall retain full title therein, legal and equitable, and shall have the right at any time to use or dispose of such materials for his/her own complete benefit and advantage; provided, however, that during the term of his/her employment before the Writer shall use or permit the use of any such material for or in connection with any broadcast purpose, or use or permit the use of any such material having as its primary subject matter any broadcast activity, he/she shall first submit to the Company both the material and a complete offer for the Company's use of such material. Following the submission of such offer, the Company shall have five (5) business days in which to accept it in writing. In the event the Company does not accept the offer, or in the event that such period is not extended by mutual consent of the Company and the Writer, such offer shall be deemed to have been rejected and the Writer shall be free to offer it to a third party. Before making any offer to a third party on terms and conditions more favorable to such third party than those offered to the Company, the Writer shall give the Company written notification of the terms of such offer and the Company shall have forty-eight

Use of Materials. A. Definition of terms: The term "Materials" includes all scripts, continuities, poems, plots, titles, characters, ideas, and literary works of whatever nature. The term "materials produced for the Company" means all materials written, conceived or furnished by a Newswriter News Editor as part of the Newswritersuch Editor's routine work or pursuant to any specific assignment by the Company. The term "materials produced on a NewswriterNews Editor's own time" means all other materials written or conceived by a NewswriterNews Editor. B. Materials produced on a NewswriterNews Editor's own time shall belong exclusively to such Writer Editor who shall retain full title therein, legal and equitable, and shall have the right at any time to use or dispose of such materials for his/her own complete benefit and advantage; provided, however, that during the term of his/her employment before the Writer Editor shall use or permit the use of any such material for or in connection with any broadcast purpose, or use or permit the use of any such material having as its primary subject matter any broadcast activity, he/she shall first submit to the Company both the material and a complete offer for the Company's use of such material. Following the submission of such offer, the Company shall have five (5) business days in which to accept it in writing. In the event the Company does not accept the offer, or in the event that such the five-day period is not extended by mutual consent of the Company and the WriterEditor, such offer shall be deemed to have been rejected and the Writer Editor shall be free to offer it to a third party. Before making any offer to a third party on terms and conditions more favorable to such third party than those offered to the Company, the Writer Editor shall give the Company written notification of the terms of such offer and the Company shall have forty-eighteight (48) hours (excluding Saturdays and Sundays) after such notification within which to accept such new offer; otherwise it shall be deemed to have been rejected and the Editor shall be free to conclude negotiations with any third party. If within six months after the Company's rejection of such offer, the Editor has not consummated an agreement, or is not then negotiating in good faith with some third party with respect to any agreement for the use of such material, then before the Editor can use or license the use of such material to any third party for or in connection with any broadcast purpose, he/she must again offer it to the Company in the same manner as above provided. This procedure shall be followed after each offer to the Company. Subject to the foregoing the Company agrees, if requested to do so, to execute and deliver any necessary and appropriate instrument requested by an Editor to evidence his/her rights to use any of the said material. C. All materials produced for the Company, or which a News Editor represents to the Company as having been produced for it, shall belong to the Company, which shall have the sole and unencumbered ownership and right and use of all such materials for all purposes for all time.

Use of Materials. A. Definition of terms: The term "“Materials" ” includes all scripts, continuities, poems, plots, titles, characters, ideas, and literary works of whatever nature. The term "“materials produced for the Company" ” means all materials written, conceived or furnished by a Newswriter as part of the Newswriter's ’s routine work or pursuant to any specific assignment assign- ment by the Company. The term "“materials produced on a Newswriter's ’s own time" ” means all other materials written or conceived by a Newswriter. B. Materials produced on a Newswriter's ’s own time shall belong exclusively to such Writer who shall retain full title therein, legal and equitable, and shall have the right at any time to use or dispose of such materials for his/her own complete benefit and advantage; provided, however, that during the term of his/her employment before the Writer shall use or permit the use of any such material for or in connection with any broadcast purpose, or use or permit the use of any such material having as its primary subject matter any broadcast broad- cast activity, he/she shall first submit to the Company both the material and a complete offer for the Company's ’s use of such material. Following the submission of such offer, the Company shall have five (5) business days in which to accept it in writing. In the event the Company does not accept the offer, or in the event that such period is not extended by mutual consent of the Company and the Writer, such offer shall be deemed to have been rejected and the Writer shall be free to offer it to a third party. Before making any offer to a third party on terms and conditions more favorable to such third party than those offered to the Company, the Writer shall give the Company written notification of the terms of such offer and the Company shall have forty-eighteight (48) hours (excluding Saturdays and Sundays) after such notification within which to accept such new offer, otherwise it shall be deemed to have been rejected and the Writer shall be free to conclude negotiations with any third party. If within six months after the Company’s rejection of such offer, the Writer has not consummated an agreement, or is not then negotiating in good faith with some third party with respect to any agreement for the use of such material, then before the Writer can use or license the use of such material to any third party for or in connection with any broadcast purpose, he/she must again offer it to the Company in the same manner as above provided. This procedure shall be followed after each offer to the Company. Subject to the foregoing the Company agrees, if requested to do so, to execute and deliver any necessary and appropriate instrument requested by a Writer to evidence his/her rights to use any of the said material. C. All materials produced for the Company, or which a Newswriter represents to the Company as having been produced for it, shall belong to the Company, which shall have the sole and unencumbered ownership and right and use of all such materials for all pur- poses for all time.

Use of Materials. A. Definition of terms: The term "Materials" “materials” includes all scripts, continuities, poems, plots, titles, characters, ideas, and literary works of whatever nature. The term "“materials produced for the Company" ” means all materials written, conceived or furnished by a Newswriter as part of the Newswriter's ’s routine work or pursuant to any specific assignment by the Company. The term "“materials produced on a Newswriter's ’s own time" ” means all other materials written or conceived by a Newswriter. B. Materials produced on a Newswriter's ’s own time shall belong exclusively to such Writer Newswriter who shall retain full title therein, legal and equitable, and shall have the right at any time to use or dispose of such materials materials, for his/his or her own complete benefit and advantage; provided, however, that during the term of his/his or her employment employment, before the Writer Newswriter shall use or permit the use of any such material for or in connection with any broadcast purpose, or use or permit the use of any such material having as its primary subject matter any broadcast activity, he/he or she shall first submit to the Company both the material and a complete offer for the Company's ’s use of such material. Following the submission of such offer, the Company shall have five ten (510) business days in which to accept it in writing, except that in the case of material the nature of which is so immediate as to make it “dated” within four (4) days from the date of submission, the Company shall have three (3) days (excluding holidays, Saturdays and Sundays) in which to accept it in writing. In the event the Company does not accept the offer, or in the event that such period the aforesaid periods during which the Company may accept the offer is not extended by mutual consent of the Company and the WriterNewswriter, such offer shall be deemed to have been rejected and the Writer Newswriter shall be free to offer it to a third party. Before making any offer to a third party on terms and conditions more favorable to such third party than those offered to the Company, the Writer Newswriter shall give the Company written notification of the terms of such offer and the Company shall have fortyforty- eight (48) hours or, in the case of material which may be “dated” within four (4) days as hereinbefore referred to, the Company shall have twenty-eightfour (24) hours (excluding Saturdays, Sundays and holidays) within which to accept such new offer; otherwise it shall be deemed to have been rejected and the Newswriter shall be free to conclude negotiations with any third party. If within six (6) months after the Company’s rejection of such offer, the Newswriter has not consummated an agreement, or is not then negotiating in good faith with some third party with respect to any agreement for the use of such material, then before the Newswriter can use or license the use of such material to any third party for or in connection with any broadcast purpose, he or she must again offer it to the Company in the same manner as above provided. This procedure shall be followed after each offer to the Company. Subject to the foregoing, the Company agrees, if requested to do so, to execute and deliver any necessary and appropriate instrument requested by a Newswriter to evidence his or her rights to use any of the said material. C. All materials produced for the Company, or which a Newswriter represents to the Company as having been produced for it, shall belong to the Company, which shall have the sole and unencumbered ownership and right and use of all such materials for all purposes for all time. Included in the foregoing is the use of such materials on the Internet and on any other new technology. D. In the event that material produced for the Company as provided in Section C above is sold or licensed for use in media other than radio or television broadcasting (for the purpose hereof, the term “television broadcasting” shall include cable television broadcasting), the writer or writers thereof shall be entitled to receive additional compensation in an amount to be negotiated individually between the writer or writers involved and the Company. Any writer or writers so entitled to compensation may designate any individual regardless of his or her other affiliations, to act as his or her representative in such bargaining.

Use of Materials. A. Definition of terms: The term "Materials" “materials” includes all scripts, continuities, poems, plots, titles, characters, ideas, and literary works of whatever nature. The term "“materials produced for the Company" ” means all materials written, conceived or furnished by a Newswriter as part of the Newswriter's ’s routine work or pursuant to any specific assignment by the Company. The term "“materials produced on a Newswriter's ’s own time" ” means all other materials written or conceived by a Newswriter. B. Materials produced on a Newswriter's ’s own time shall belong exclusively to such Writer Newswriter who shall retain full title therein, legal and equitable, and shall have the right at any time to use or dispose of such materials materials, for his/his or her own complete benefit and advantage; provided, however, that during the term of his/his or her employment employment, before the Writer Newswriter shall use or permit the use of any such material for or in connection with any broadcast purpose, or use or permit the use of any such material having as its primary subject matter any broadcast activity, he/he or she shall first submit to the Company both the material and a complete offer for the Company's ’s use of such material. Following the submission of such offer, the Company shall have five ten (510) business days in which to accept it in writing, except that in the case of material the nature of which is so immediate as to make it “dated” within four (4) days from the date of submission, the Company shall have three (3) days (excluding holidays, Saturdays and Sundays) in which to accept it in writing. In the event the Company does not accept the offer, or in the event that such period the aforesaid periods during which the Company may accept the offer is not extended by mutual consent of the Company and the WriterNewswriter, such offer shall be deemed to have been rejected and the Writer Newswriter shall be free to offer it to a third party. Before making any offer to a third party on terms and conditions more favorable to such third party than those offered to the Company, the Writer Newswriter shall give the Company written notification of the terms of such offer and the Company shall have forty-eighteight (48) hours or, in the case of material which may be “dated” within four (4) days as hereinbefore referred to, the Company shall have twenty-four (24) hours (excluding Saturdays, Sundays and holidays) within which to accept such new offer; otherwise it shall be deemed to have been rejected and the Newswriter shall be free to conclude negotiations with any third party. If within six (6) months after the Company’s rejection of such offer, the Newswriter has not consummated an agreement, or is not then negotiating in good faith with some third party with respect to any agreement for the use of such material, then before the Newswriter can use or license the use of such material to any third party for or in connection with any broadcast purpose, he or she must again offer it to the Company in the same manner as above provided. This procedure shall be followed after each offer to the Company. Subject to the foregoing, the Company agrees, if requested to do so, to execute and deliver any necessary and appropriate instrument requested by a Newswriter to evidence his or her rights to use any of the said material. C. All materials produced for the Company, or which a Newswriter represents to the Company as having been produced for it, shall belong to the Company, which shall have the sole and unencumbered ownership and right and use of all such materials for all purposes for all time. Included in the foregoing is the use of such materials on the Internet and on any other new technology. D. In the event that material produced for the Company as provided in Section C above is sold or licensed for use in media other than radio or television broadcasting (for the purpose hereof, the term “television broadcasting” shall include cable television broadcasting), the writer or writers thereof shall be entitled to receive additional compensation in an amount to be negotiated individually between the writer or writers involved and the Company. Any writer or writers so entitled to compensation may designate any individual regardless of his or her other affiliations, to act as his or her representative in such bargaining.

Use of Materials. A. Definition of terms: The term "“Materials" ” includes all scripts, continuities, poems, plots, titles, characters, ideas, and literary works of whatever nature. The term "“materials produced for the Company" ” means all materials written, conceived or furnished fur- nished by a Newswriter as part of the Newswriter's ’s routine work or pursuant to any specific spe- cific assignment by the Company. The term "“materials produced on a Newswriter's ’s own time" ” means all other materials written or conceived by a Newswriter. B. Materials produced on a Newswriter's ’s own time shall belong exclusively to such Writer who shall retain full title therein, legal and equitable, and shall have the right at any time to use or dispose of such materials for his/her own complete benefit and advantage; provided, however, that during the term of his/her employment before the Writer shall use or permit the use of any such material for or in connection with any broadcast purpose, or use or permit the use of any such material having as its primary subject matter any broadcast broad- cast activity, he/she shall first submit to the Company both the material and a complete offer for the Company's ’s use of such material. Following the submission of such offer, the Company shall have five (5) business days in which to accept it in writing. In the event the Company does not accept the offer, or in the event that such period is not extended by mutual consent of the Company and the Writer, such offer shall be deemed to have been rejected and the Writer shall be free to offer it to a third party. Before making any offer to a third party on terms and conditions more favorable to such third party than those offered to the Company, the Writer shall give the Company written notification of the terms of such offer and the Company shall have forty-eighteight (48) hours (excluding Saturdays and Sundays) after such notification within which to accept such new offer, otherwise it shall be deemed to have been rejected and the Writer shall be free to conclude negotiations with any third party. If within six months after the Company’s rejection of such offer, the Writer has not consummated an agreement, or is not then negotiating in good faith with some third party with respect to any agreement for the use of such material, then before the Writer can use or license the use of such material to any third party for or in connection with any broadcast purpose, he/she must again offer it to the Company in the same man- ner as above provided. This procedure shall be followed after each offer to the Company. Subject to the foregoing the Company agrees, if requested to do so, to execute and deliv- er any necessary and appropriate instrument requested by a Writer to evidence his/her rights to use any of the said material. C. All materials produced for the Company, or which a Newswriter represents to the Company as having been produced for it, shall belong to the Company, which shall have the sole and unencumbered ownership and right and use of all such materials for all purposes for all time.