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EXHIBIT 10.10
TELEVISION EMPLOYMENT AGREEMENT
-PRODUCING SERVICES-
Dated: as of May 21, 1997
PRODUCER: Family Development Corp.
▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇ ▇▇▇▇▇
ARTIST: Team Entertainment
▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇▇ ▇▇▇
▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Copy To: ▇▇▇▇ ▇▇▇▇▇, Esq.
Team Entertainment
CONDITION PRECEDENT: Producer's engagement of Artist hereunder is subject
to Artist's compliance with the terms and provisions of the Federal Immigration
and Naturalization Act. In that regard, concurrently with the execution of this
Agreement Artist shall provide Producer with such proof of Artist's United
States citizenship or authorization to work in the United States as may be
required by the Immigration and Naturalization Service ("INS") and shall also
complete and return to Producer all forms required by the INS.
1. PRODUCTION: Whereas Producer is developing a proposed television motion
picture based on a treatment written by ▇▇▇▇▇▇▇ ▇▇▇▇▇ ("▇▇▇▇▇") ("Underlying
Property") and tentatively entitled "Earthquake in New York" (the "Picture"), in
the event Producer elects to produce the Picture it shall do so in association
with Artist. Parties hereby acknowledge that it is our mutual intention to
produce the Picture such that it qualifies for the maximum Canadian tax credits
or other financial benefit, although Artist is responsible for producing the
picture regardless of its qualification for Canadian content or tax credits.
2. PRODUCTION FINANCING:
(a) Production Costs: Once the Picture is ordered for production, Producer
and Artist will develop the budget for the Picture; it being understood that the
budget for the Picture must be pre-approved in writing by ▇▇▇ ▇▇▇▇▇, President,
Family Channel or ▇▇▇▇ ▇▇▇▇▇, Senior Vice President of Business & Legal Affairs
prior to commencement of pre-production ("Final Budget"). When the Final Budget
is completed and approved, it will be attached hereto as Exhibit "A" and
incorporated herein by this reference. The final shooting script will serve as
the basis for the Final Budget.
(b) Financing: In the event that the Final Budget is approved, Producer
shall finance eighty five percent (85%) of the Final Budget and Artist shall
finance fifteen percent (15%) of the Final Budget. Producer and Artist hereby
agree to simultaneously fund their proportionate share as funding is due at each
stage of production of the Picture.
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(c) Artist's Bonding Obligation: Artist shall guarantee and Bond the
Picture with a bonding company approved by Producer and Producer or Producer's
designee shall be named as a beneficiary on the Bond. The costs from said Bond
shall be included in the Final Budget.
3. EMPLOYMENT: Producer hereby engages Artist to render producing services
in connection with the Picture upon the terms and conditions herein set forth.
This Agreement is expressly conditioned upon and subject to Producer coming to
an agreement on optioning the Underlying Property and reaching an agreement for
the services of ▇▇▇▇▇▇▇ ▇▇▇▇▇ as an executive producer on the Picture, such
agreement(s) shall be made available to Artist.
4. DEVELOPMENT SERVICES: Artist shall render customary supervisory services
in connection with the development of the Picture as reasonably required by
Producer. After final budget approval, any revisions of the budget will be by
mutual approval. Notwithstanding the foregoing, excluding revisions of the final
budget, Producer's decision in each instance shall be final and binding upon
Artist.
5. SERVICES DURING PRODUCTION: If Producer elects to produce the Picture
and Artist is available to render services as, when and where reasonably
required by Producer, Producer shall engage Artist as an executive producer of
the Picture on a pay-or-play basis. Said services shall be on an exclusive basis
commencing no less than four (4) weeks prior to commencement of principal
photography of the Picture, and continuing until completion of principal
photography of the Picture, and on a non-exclusive, in-person, first priority
basis at all other times until delivery of the answer print of the Picture to
the exhibitor of the Picture. Artist's services for Producer shall be those
customarily rendered in the aforesaid capacity in the television industry.
6. COMPENSATION: If the Picture is set for production (e.g., a director is
hired, a budget approved, a license fee agreed to, principal cast hired etc.),
and Artist is available to render services as, when and where reasonably
required by Producer, then, provided Artist is not in material default hereof,
Producer shall pay to Artist the following applicable amounts:
(a) Guaranteed Compensation: The sum of $175,000 which sum shall be
reducible on a dollar-for-dollar basis by all fees payable to any and all third
party line producer(s) and UPM(s) to a cap in reduction of $75,000. Said
compensation shall be payable 1/6 upon commencement of preproduction, 1/3 upon
commencement of principal photography, 1/3 upon completion of principal
photography and 1/6 upon delivery of the answer print of the Picture to the
exhibitor.
(b) Contingent Compensation: Artist shall be entitled to an amount equal
to 35% of 100% of the net proceeds derived from Producer's exploitation of the
Picture throughout the world, excluding Canada, reducible by all third party
participants to a hard floor of 27.5% of 100% of net proceeds. For the purposes
hereof, net proceeds shall be defined, computed, accounted for and paid in
accordance with Producer's standard definition with distribution advances,
costs, fees, interest and overhead recouped prior to sharing revenue. Said
definition is attached hereto as Exhibit "NP" and incorporated herein by this
reference and shall be subject to good faith negotiations within the customary
parameters of such distributor for net proceed participants of Artist's stature
and deals of this nature; provided, however, that there shall be no negotiation
with respect to overhead, distribution fees, production fees or interest.
7. CREDIT:
(a) In the event Artist renders all services required hereunder and is
not in material default of this Agreement, Artist shall receive credit as
executive producer on screen in the main titles of the Picture on a shared card
with ▇▇▇▇▇▇▇ ▇▇▇▇▇. In addition, if Artist receives the aforesaid credit, Artist
will also be entitled to the credit in the end titles of the Picture
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substantially as follows: "Team Entertainment in association with..." All other
matters with respect to the aforesaid credits shall be in Producer's sole
discretion.
(b) In the event Artist renders all services required hereunder and is
not in material default of this Agreement, ▇▇▇▇ ▇▇▇▇▇ shall receive credit as
executive producer in first position. All other matters with respect to the
aforesaid credits shall be in Producer's sole discretion.
(c) In the event Artist renders all services required hereunder and is
not in material default of this Agreement, ▇▇▇▇ ▇▇▇▇▇▇▇▇ shall receive credit as
co-executive producer, and ▇▇▇▇▇▇▇▇ ▇▇▇▇ shall receive credit as co-producer.
All other matters with respect to the aforesaid credits shall be in Producer's
sole discretion.
8. THEATRICAL RELEASE BONUS: In the event Artist renders all services
required hereunder and is not in material default hereof, Artist shall be
entitled to the following, subject to the conditions set forth:
(a) If the Picture has a Theatrical Exhibition in the domestic territory
prior to the Network Prime-Time Telecast thereof, Artist shall be entitled to an
additional sum equal to 100% of the compensation actually paid Artist pursuant
to paragraph 4(a), above, payable within thirty (30) days after the Initial
Release Date of the Picture, if any; or
(b) If the Picture has a Theatrical Exhibition in the domestic territory
subsequent to the Network Prime-Time Telecast thereof, Artist shall be entitled
to an additional sum equal to 50% of the compensation actually paid to Artist
pursuant to paragraph 4(a), above, payable within thirty (30) days after the
Initial Release Date, if any; and if the Picture has a Theatrical Exhibition in
the foreign territory prior or subsequent to the Network Prime-Time Telecast
thereof, Artist shall be entitled to an additional sum equal to 10% of the
compensation actually paid to Artist pursuant to paragraph 4(a), above, per
foreign territory, up to a maximum of 50%, payable within thirty (30) days after
the Initial Release Date of the Picture, if any.
(c) In no event shall Artist be entitled to receive more than the total
additional amount of a sum equal to 100% of the compensation actually paid to
Artist pursuant to paragraph 4(a), above, with respect to any Theatrical
Exhibition of the Picture.
9. SUBSEQUENT PRODUCTIONS: If the Picture, as released, was produced
substantially under the direct supervision of Artist in the capacity set forth
above, and if Artist receives credit in accordance with the provisions of
paragraph 5, above, and Artist has kept and performed all material covenants and
conditions to be kept and performed by Artist hereunder, then, in the event
that, within seven (7) years following the initial telecast of the Picture,
Producer desires to develop a Pilot, Remake or Sequel, then subject to the
approval of the network or financing company, Artists being actively employed in
the television (or theatrical, as the case may be) industry as a producer and
Artist's availability as, when and where requested by Producer, Producer agrees
to initially negotiate with Artist to render producing services such as those
described in this Agreement in connection with such Pilot, Remake or Sequel on
financial terms no less favorable to Artist than those set forth in this
Agreement. If (i) Producer and Artist do not reach a mutually acceptable
agreement for the rendition of such services by Artist within fifteen (15) days;
or (ii) Artist is not available to render such services as and when requested by
Producer; or (iii) the network or financing company does not approve Artist as
to render such services in connection with such Pilot, Remake or Sequel, or (iv)
Artist is not then actively working as a producer in the television (or
theatrical, as the case may be) industry, Producer shall have no obligation
whatsoever to Artist in connection therewith except as otherwise specifically
set forth herein.
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10. UNDERLYING PROPERTY: If Artist owns or controls any rights in or to the
Underlying Property, then, in consideration of Producer's entering into this
Agreement, Artist hereby assigns to Producer all of Artist's right, title and
interest in and to the Underlying Rights, and any part thereof, in perpetuity
throughout the universe in all media, and represents and warrants that Artist
has not assigned or licensed to any other party or in any manner encumbered or
hypothecated any right, title or interest in or to the Underlying Property nor
has Artist made any agreement with any third party to do so. In connection
therewith, Artist agrees to execute and deliver to Producer an assignment
attached hereto which Producer may file with the United States copyright office.
11. DISTRIBUTION:
(a) Producer shall have exclusive distribution rights in the Picture in
all media throughout the world excluding Canada ("Producer Territories").
(b) Artist shall have exclusive distribution rights in the Picture in
all media in Canada.
12. APPROVALS:
(a) Producer shall have approval over all material elements, including
but not limited to, principal cast members and director.
(b) Producer shall have prior approval over any third party production
entity Artist intends to use in connection with the Picture.
(c) Producer shall have prior approval over Artist's selection of the
Bond company in connection with the production for the Picture.
(d) Producer and Artist shall have mutual approval over the selection of
any third party line producer(s) and UPM(s).
(e) Producer and Artist shall have mutual approval over the selection of
the production company.
13. MUSIC:
(a) The parties agree that all music publishing rights in the Producer
Territories shall be owned and administered by MTM Music, Inc., Producer's music
publishing affiliate, and that all music revenues from the Producer Territories
shall be paid to Producer.
(b) The parties agree that all music publishing rights in Canada will be
administered by MTM Music, Inc. for the benefit of Artist, or its assigns,
affiliates, or subsidiaries.
(c) The parties agree that Producer shall have approval over all
composers and music for the Picture.
14. OWNERSHIP: All right, title and interest in and to the Picture, all work
and work product developed or produced under this agreement and all right, title
and interest in copyrights, trademarks and other intellectual property derived
from such work and work product are deemed to belong to Producer. Producer shall
solely and exclusively own throughout the world in
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perpetuity all rights of every kind and nature, including Remake and Sequel
Motion Picture Rights and the copyright, in and to any Motion Picture or other
production produced or developed hereunder and all the components thereof, and
all of the results and proceeds of Producer's services in whatever stage of
completion any Motion Picture or such results and proceeds must exist from time
to time, together with the rights generally known as the "moral rights of
authors" and the exclusive right to distribute and otherwise market and exploit
any Motion Picture or other production and all components thereof in any manner,
whether now or hereafter known or created. Artist acknowledges that all results
and proceeds of Artist's services on the Picture are being specially ordered by
Producer, shall be considered a "work-made-for-hire" for Producer, and
therefore, Producer shall be the author and copyright owner thereof. Any Motion
Picture or other productions produced hereunder shall be registered for
copyright in the name of Producer or its designee.
15. ADDITIONAL PROVISIONS: The following additional documents attached
hereto (if so indicated) are incorporated herein and made a part hereof, except
that, to the extent any provision(s) thereof conflict with any provision(s)
hereof, the provision(s) hereof shall prevail:
(a) Standard Terms and Conditions (the terms and conditions of which
shall be subject to such changes as are customary and agreed to in writing
between the parties after good faith negotiations within customary television
industry parameters for producers of Artist's stature; provided, however, that
there shall be no negotiation of terms relating to compensation, credit or grant
of rights).
(b) Certificate of Results and Proceeds
(c) Glossary
(d) I-9 Forms
(e) Exhibit "NP"
(f) Assignment
IN WITNESS WHEREOF, the parties hereto have executed and delivered this
Agreement as of the date first above written.
PRODUCER
FAMILY DEVELOPMENT CORP.
By: /s/ ▇▇▇▇ ▇▇▇▇▇
---------------------------------
Its: Sr. V.P.
-------------------------------
ARTIST:
TEAM ENTERTAINMENT
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇
------------------------------------
Its:
-----------------------------------
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TELEVISION EMPLOYMENT AGREEMENT
-PRODUCING SERVICES-
Dated: as of May 21, 1997
Revised as of June 30, 1997
PRODUCER: Family Development Corp.
▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
ARTIST: Team Entertainment
▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇▇ ▇▇▇
▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Copy To: ▇▇▇▇ ▇▇▇▇▇, Esq.
Team Entertainment
CONDITION PRECEDENT: Producer's engagement of Artist hereunder is
subject to Artist's compliance with the terms and provisions of the Federal
Immigration and Naturalization Act. In that regard, concurrently with the
execution of this Agreement Artist shall provide Producer with such proof of
Artists United States citizenship or authorization to work in the United States
as may be required by the Immigration and Naturalization Service ("INS") and
shall also complete and return to Producer all forms required by the INS.
1. PRODUCTION: Whereas Producer is developing a proposed television motion
picture based on a treatment written by ▇▇▇▇▇ ▇▇▇▇▇ ("▇▇▇▇▇") ("Underlying
Property") and tentatively entitled "Downfall" (the "Picture"), in the event
Producer elects to produce the Picture it shall do so in association with Artist
Parties hereby acknowledge that it is our mutual intention to produce the
Picture such that it qualifies for the maximum Canadian tax credits or other
financial benefit, although Artist is responsible for producing the picture
regardless of its qualification for Canadian content or tax credits.
2. PRODUCTION FINANCING:
(a) Production Costs: Once the Picture is ordered for production,
Producer and Artist will develop the budget for the Picture; it being understood
that the budget for the Picture must be pre-approved in writing by ▇▇▇ ▇▇▇▇▇,
President, Family Channel or ▇▇▇▇ ▇▇▇▇▇, Senior Vice President of Business &
Legal Affairs prior to commencement of pre-production ("Final Budget"). When the
Final Budget is completed and approved, it will be attached hereto as Exhibit
"A" and incorporated herein by this reference. The final shooting script will
serve as the basis for the Final Budget.
(b) Financing: In the event that the Final Budget is approved, Producer
shall finance eighty five percent (85%) of the Final Budget and Artist shall
finance fifteen percent (15%) of the Final Budget. Producer and Artist hereby
agree to simultaneously fund their proportionate share as funding is due at each
stage of production of the Picture.
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(c) Artist's Bonding Obligation: Artist shall guarantee and Bond the
Picture with a bonding company approved by Producer and Producer or Producer's
designee shall be named as a beneficiary on the Bond. The costs from said Bond
shall be included in the Final Budget.
3. EMPLOYMENT: Producer hereby engages Artist to render producing services
in connection with the Picture upon the terms and conditions herein set forth.
This Agreement is expressly conditioned upon and subject to Producer coming to
an agreement on optioning the Underlying Property and reaching an agreement for
the services of ▇▇▇▇▇ ▇▇▇▇▇ as an executive producer on the Picture, such
agreement(s) shall be made available to Artist.
4. DEVELOPMENT SERVICES: Artist shall render customary supervisory services
in connection with the development of the Picture as reasonably required by
Producer. After final budget approval, any revisions of the budget will be by
mutual approval. Notwithstanding the foregoing, excluding revisions of the final
budget, Producer's decision in each instance shall be final and binding upon
Artist.
5. SERVICES DURING PRODUCTION: If Producer elects to produce the Picture
and Artist is available to render services as, when and where reasonably
required by Producer, Producer shall engage Artist as an executive producer of
the Picture on a pay-or-play basis. Said services shall be on an exclusive basis
commencing no less than four (4) weeks prior to commencement of principal
photography of the Picture, and continuing until completion of principal
photography of the Picture, and on a non-exclusive, in-person, first priority
basis at all other times until delivery of the answer print of the Picture to
the exhibitor of the Picture. Artist's services for Producer shall be those
customarily rendered in the aforesaid capacity in the television industry.
6. COMPENSATION: If the Picture is set for production (e.g., a director is
hired, a budget approved, a license fee agreed to, principal cast hired etc.),
and Artist is available to render services as, when and where reasonably
required by Producer, then, provided Artist is not in material default hereof,
Producer shall pay to Artist the following applicable amounts:
(a) Guaranteed Compensation: The sum of $25,000 payable 1/6 upon
commencement of preproduction, 1/3 upon commencement of principal photography,
1/3 upon completion of principal photography and 1/6 upon delivery of the answer
print of the Picture to the exhibitor. The aforementioned sum shall be increased
by any savings to Producer as it relates to the Line Producer/UPM fees.
(Producer has agreed to pay a Line Producer/UPM fees of up to $75,000.)
(b) Contingent Compensation: Artist shall be entitled to an amount equal
to 35% of 100% of the net proceeds derived from Producer's exploitation of the
Picture throughout the world, excluding Canada, reducible by all third party
participants to a hard floor of 27.5% of 100% of net proceeds. For the purposes
hereof, net proceeds shall be defined, computed, accounted for and paid in
accordance with Producer's standard definition with distribution advances,
costs, fees, interest and overhead recouped prior to sharing revenue. Said
definition is attached hereto as Exhibit "NP" and incorporated herein by this
reference and shall be subject to good faith negotiations within the customary
parameters of such distributor for net proceed participants of Artist's stature
and deals of this nature; provided, however, that there shall be no negotiation
with respect to overhead, distribution fees, production fees or interest.
7. CREDIT:
(a) In the event Artist renders all services required hereunder and is
not in material default of this Agreement, Artist shall receive credit as
producer on screen in the main titles of the Picture on a separate card. In
addition, if Artist receives the aforesaid credit, Artist will also
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be entitled to the credit in the end titles of the Picture substantially as
follows: "Team Entertainment in association with..." All other matters with
respect to the aforesaid credits shall be in Producer's sole discretion.
(b) In the event Artist renders all services required hereunder and is
not in material default of this Agreement, ▇▇▇▇ ▇▇▇▇▇ shall receive credit as
executive producer in first position. All other matters with respect to the
aforesaid credits shall be in Producer's sole discretion.
(c) In the event Artist renders all services required hereunder and is
not in material default of this Agreement, ▇▇▇▇ ▇▇▇▇▇▇▇▇ shall receive credit as
co-executive producer, and ▇▇▇▇▇▇▇▇ ▇▇▇▇ shall receive credit as co-producer.
All other matters with respect to the aforesaid credits shall be in Producer's
sole discretion.
8. THEATRICAL RELEASE BONUS: In the event Artist renders all services
required hereunder and is not in material default hereof, Artist shall be
entitled to the following, subject to the conditions set forth:
(a) If the Picture has a Theatrical Exhibition in the domestic territory
prior to the Network Prime-Time Telecast thereof, Artist shall be entitled to an
additional sum equal to 100% of the compensation actually paid Artist pursuant
to paragraph 6(a), above, payable within thirty (30) days after the Initial
Release Date of the Picture, if any; or
(b) If the Picture has a Theatrical Exhibition in the domestic territory
subsequent to the Network Prime-Time Telecast thereof, Artist shall be entitled
to an additional sum equal to 50% of the compensation actually paid to Artist
pursuant to paragraph 6(a), above, payable within thirty (30) days after the
Initial Release Date, if any; and if the Picture has a Theatrical Exhibition in
the foreign territory prior or subsequent to the Network Prime-Time Telecast
thereof, Artist shall be entitled to an additional sum equal to 10% of the
compensation actually paid to Artist pursuant to paragraph 6(a), above, per
foreign territory, up to a maximum of 50%, payable within thirty (30) days after
the Initial Release Date of the Picture, if any.
(c) In no event shall Artist be entitled to receive more than the total
additional amount of a sum equal to 100% of the compensation actually paid to
Artist pursuant to paragraph 6(a), above, with respect to any Theatrical
Exhibition of the Picture.
9. SUBSEQUENT PRODUCTIONS: If the Picture, as released, was produced
substantially under the direct supervision of Artist in the capacity set forth
above, and if Artist receives credit in accordance with the provisions of
paragraph 7, above, and Artist has kept and performed all material covenants and
conditions to be kept and performed by Artist hereunder, then, in the event
that, within seven (7) years following the initial telecast of the Picture,
Producer desires to develop a Pilot, Remake or Sequel, then subject to the
approval of the network or financing company, Artist's being actively employed
in the television (or theatrical, as the case may be) industry as a producer and
Artist's availability as, when and where requested by Producer, Producer agrees
to initially negotiate with Artist to render producing services such as those
described in this Agreement in connection with such Pilot, Remake or Sequel on
financial terms no less favorable to Artist than those set forth in this
Agreement. If (i) Producer and Artist do not reach a mutually acceptable
agreement for the rendition of such services by Artist within fifteen (15) days;
or (ii) Artist is not available to render such services as and when requested by
Producer; or (iii) the network or financing company does not approve Artist as
to render such services in connection with such Pilot, Remake or Sequel, or (iv)
Artist is not then actively working as a producer in the television (or
theatrical, as the case may be) industry, Producer shall have no obligation
whatsoever to Artist in connection therewith except as otherwise specifically
set forth herein.
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10. UNDERLYING PROPERTY: If Artist owns or controls any rights in or to the
Underlying Property, then, in consideration of Producer's entering into this
Agreement, Artist hereby assigns to Producer all of Artist's right, title and
interest in and to the Underlying Rights, and any part thereof, in perpetuity
throughout the universe in all media, and represents and warrants that Artist
has not assigned or licensed to any other party or in any manner encumbered or
hypothecated any right, title or interest in or to the Underlying Property nor
has Artist made any agreement with any third party to do so. In connection
therewith, Artist agrees to execute and deliver to Producer an assignment
attached hereto which Producer may file with the United States copyright office.
11. DISTRIBUTION:
(a) Producer shall have exclusive distribution rights in the Picture in
all media throughout the world excluding Canada ("Producer Territories").
(b) Artist shall have exclusive distribution rights in the Picture in
all media in Canada.
12. APPROVALS:
(a) Producer shall have approval over all material elements, including
but not limited to, principal cast members and director.
(b) Producer shall have prior approval over any third party production
entity Artist intends to use in connection with the Picture.
(c) Producer shall have prior approval over Artist's selection of the
Bond company in connection with the production for the Picture.
(d) Producer and artist shall have mutual approval over the selection of
any third party line producer(s) and UPM(s).
(e) Producer and Artist shall have mutual approval over the selection of
the production company.
13. MUSIC:
(a) The parties agree that all music publishing rights in the Producer
Territories shall be owned and administered by MTM Music, Inc., Producer's music
publishing affiliate, and that all music revenues from the Producer Territories
shall be paid to Producer.
(b) The parties agree that all music publishing rights in Canada will be
administered by MTM Music, Inc. for the benefit of Artist, or its assigns,
affiliates, or subsidiaries.
(c) The parties agree that Producer shall have approval over all
composers and music for the Picture.
14. OWNERSHIP: All right, title and interest in and to the Picture, all work
and work product developed or produced under this agreement and all right, title
and interest in copyrights, trademarks and other intellectual property derived
from such work and work product are deemed to belong to Producer. Producer shall
solely and exclusively own throughout the world in perpetuity all rights of
every kind and nature, including Remake and Sequel Motion Picture Rights and the
copyright, in and to any Motion Picture or other production produced or
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developed hereunder and all the components thereof, and all of the results and
proceeds of Producer's services in whatever stage of completion any Motion
Picture or such results and proceeds must exist from time to time, together with
the rights generally known as the "moral rights of authors" and the exclusive
right to distribute and otherwise market and exploit any Motion Picture or other
production and all components thereof in any manner, whether now or hereafter
known or created. Artist acknowledges that all results and proceeds of Artist's
services on the Picture are being specially ordered by Producer, shall be
considered a "work-made-for-hire" for Producer, and therefore, Producer shall be
the author and copyright owner thereof. Any Motion Picture or other productions
produced hereunder shall be registered for copyright in the name of Producer or
its designee.
15. ADDITIONAL PROVISIONS: The following additional documents attached
hereto (if so indicated) are incorporated herein and made a part hereof, except
that, to the extent any provision(s) thereof conflict with any provision(s)
hereof, the provision(s) hereof shall prevail:
(a) Standard Terms and Conditions (the terms and conditions of which
shall be subject to such changes as are customary and agreed to in writing
between the parties after good faith negotiations within customary television
industry parameters for producers of Artist's stature; provided, however, that
there shall be no negotiation of terms relating to compensation, credit or grant
of rights).
(b) Certificate of Results and Proceeds
(c) Glossary
(d) Exhibit "NP"
(e) Assignment
IN WITNESS WHEREOF, the parties hereto have executed and delivered this
Agreement as of the date first above written.
PRODUCER
FAMILY DEVELOPMENT CORP.
By: /s/ ▇▇▇▇ ▇▇▇▇▇
----------------------------------
Its: Senior Vice President
---------------------------------
ARTIST:
TEAM
By: /s/ ▇▇▇▇ ▇▇▇▇▇
---------------------------------
Its:
--------------------------------
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