Литмир - Электронная Библиотека

(a) 

To make, produce, adapt and copyright one or more screenplay and motion picture adaptations or versions, whether fixed on film, tape, disc, wire, audio-visual cartridge, cassette or through any other technical process whether now known or hereafter devised, based in whole or in part on the Property, of every size, gauge, color or type, including, but not limited to, musical motion pictures and remakes of, prequels and sequels to any motion picture produced hereunder and motion pictures in series or serial form, and for such purposes to record and reproduce and license others to record and reproduce, in synchronization with such motion pictures, spoken words taken from or based upon the text or theme of the Property and any and all kinds of music, musical accompaniments and/or lyrics to be performed or sung by the performers in any such motion picture and any and all other kinds of sound and sound effects.

(b)      To exhibit, perform, rent, sell, lease, lend and generally deal in and with any screenplay or motion picture produced hereunder:

(i)      by all means, technical processes or devices whatsoever, whether now known or hereafter devised including, by way of example only, film, tape, disc, wire, audio-visual cartridge, internet program domain, server or file, cassette or television (including, without limitation, commercially sponsored, sustaining and subscription or pay-per-view television, or any derivative thereof), any audio-visual system including but not limited to non-standard films, non-standard film cassettes, Super-8 films, EVR-films, video cassettes, video tapes, CD-ROM, CD-I, CD-DVD, laser discs of any kind and form, regardless of the systems technical configuration and recording method, analog or digital transmission technology via cable, satellite, data and/or telephone services, any and all online services (e.g. Internet, Intranet) or other ways of transmission, for the purpose of audio and/or visual communication( eg video-on-demand and television-on-demand), reproduction, retransmission and/or recording and any interactive and multimedia use/application by means of computers, TV sets or other receivers or combinations thereof; and

(ii)      in any place whatsoever, including, without limitation, homes, internet, theaters and elsewhere, and whether or not a fee is charged, directly or indirectly, for viewing any such motion picture.

(c )      To broadcast, transmit or reproduce the Property or any adaptation or version thereof (including without limitation any motion picture produced hereunder based on the Property and/or any script or other material based on or utilizing the Property or any of the characters, themes or plots thereof), by means of television or any process analogous thereto whether now known or hereafter devised (including, without limitation, commercially sponsored, sustaining and subscription or pay-per-view television, or any derivative thereof ) through the use of motion pictures produced on films or by means of magnetic tape, disc, wire, audio-visual cartridge or any other device now known or hereafter devised and including, without limitation, such television productions presented in series or serial form, and the exclusive right generally to exercise for television purposes all the rights granted to Purchaser hereunder for motion picture purposes.

(d)      Without limiting any other rights granted Purchaser, to broadcast and/or transmit by television or radio or any process analogous thereto, or other means, technical process or device, whether now known or hereafter devised, all or any part of any motion picture or other work produced hereunder based on the Property or any adaptation or version thereof, and announcements pertaining to said motion picture or other work, for the purpose of advertising, publicizing or exploiting such motion picture or other work, which broadcasts or transmissions may be accomplished through the use of living actors performing simultaneously with such broadcast or transmission or by any other method or means including, without limitation, the use of motion pictures (including, without limitation, trailers) reproduced on film or by means of magnetic tape, disc, wire, audiovisual cartridge, cassette or through the use of other recordings or transcriptions or any other device now known or hereafter devised.

(e)      To publish and copyright or cause to be published and copyrighted in the name of Purchaser or its nominee in any and all languages throughout the world, in any form or media, synopses, each not to exceed 17500 words in length, and abridged versions of the Property for the purpose of advertising, publicizing and/or exploiting any such screenplay, motion picture and/or other work.

(f)      For the foregoing purposes to use all or any part of the Property and any of the characters, plots, themes and/or ideas contained therein, and the title of the Property and any title or subtitle of any component of the Property, and to use said titles or subtitles for any motion picture or other version or adaptation whether or not the same is based on or adapted from the Property and/or as the title of any musical composition contained in any such motion picture or other version or adaptation.

(g)      To use and exploit commercial or merchandise tie-ups and recordings of any sort and nature arising out of or connected with the Property and/or its motion picture or other versions and/or the title or titles thereof and/or the characters thereof and/or their names or characteristics.

(h) 

To use and exploit all music publishing rights and sound track album rights of any sort and nature arising out of or connected with the Property or its motion picture (s) including but not limited to, the right to produce, reproduce, distribute, rent, lend and sell records, tape cassettes, digital sound carriers such as CD, CD-ROM, DCC, DAT, CD-I, CD-DVD, Mini-CD or other sound carriers of any type and form (analogue, digital or other techniques) whatsoever for which the Work and/or the soundtrack of the Production is used or for which the contents of the Work/Production are retold, newly arranged or otherwise adapted as well as the right to radio broadcast, make available such sound carriers and to publicly present same. This includes the right to make and distribute music videos.

All rights, licenses, privileges and property herein granted Purchaser shall be cumulative and Purchaser may exercise or use any or all said rights, licenses, privileges or property simultaneously with or in connection with or separately and apart from the exercise of any other of said rights, licenses, privileges and property. If Owner hereafter makes or publishes or permits to be made or published any revision, adaptation, translation or dramatization or other versions of the Property, then Purchaser shall have and Owner hereby grants to Purchaser without payment therefore all of the same rights therein as are herein granted to Purchaser. The terms "Picture" and Pictures" as used herein shall be deemed to mean or include any present or future kind of motion picture production based upon the Property, with or without sound recorded and reproduced synchronously therewith, whether the same is produced on film or by any other method or means now or hereafter used for the production, exhibition and/or transmission of any kind of motion picture productions. All so-called rental and lending rights under national laws (whether implemented pursuant to the EC Rental and Lending Rights Directive or otherwise), shall be deemed granted and assigned to Purchaser hereunder and the fixed consideration set forth in paragraph 10 hereof to Owner shall be deemed inclusive of consideration for and equitable remuneration for rental lending rights, such consideration and remuneration including but not limited to an agreed allocation to the rental lending rights of 3.8% of such fixed consideration, any sums payable to Owner with respect to rental lending rights under any applicable collective bargaining agreements, and any residual payable to Owner under any applicable collective bargaining agreements, and any residuals payable to writer under any applicable collective bargaining agreement with respect to home video exploitation which are reasonably attributable to the sale of home video devices for rental purposes in the territories and jurisdictions recognizing rental rights. If under the applicable law of any territory or jurisdiction any additional or different compensation is required to be paid to Owner as a form of equitable remuneration, then it is agreed that the grant of rights herein is fully effective and, if necessary, both parties shall in good faith negotiate such additional amount as required under applicable law.

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