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RABISLIST-AGREEMENT-MOVIE-RABI |
4. OWNERSHIP OF RIGHTS |
4.1 By the virtue of the Clause 1.2 as stated herein above, the Writer hereby agrees that the Producer shall upon the execution of this Agreement be first and exclusive owner of the Works once the same is in existence at any stage and the Filmin perpetuity (“Term”) for the territory of the entire universe (“Territory”)and the |
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Producer shall have the right to deal with the Works and the Film in the manner the Producer may deem fit and appropriate in the Territory during the Term. |
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4.2 Notwithstanding to Clause 5.1 herein above the Writer hereby solely, exclusively, unconditionally, |
unequivocally and irrevocably assigns, transfers and conveys to the Producer all the Works and rights, titles, benefits, interests arising out and in relation thereto for the territory of the entire universe in perpetuity andthe |
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Writer hereby agrees that immediately upon the execution of this Agreement, the Producer shall be the sole, |
exclusive, unencumbered and unfettered owner of the Copyright (as per Section 14 of the Copyright Act, 1957 |
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and Rules thereto as amended), Intellectual Property Rights, Derivative Rights, Exploitation Rights and any |
other ancillary rights in relation to the Works in perpetuity for the territory of the entire universe and for all |
purposes shall be construed as the owner of the Copyright of the Works as per Section 18 of the of the |
Copyright Act, 1957 and Rules thereto as amended. |
4.3 The Writer hereby agrees and understands that all the right, title, interest, benefits, arising out of and in relation |
to the Works shall vest with the Producer in perpetuity for the territory of the entire universe. The Producer |
shall have the unfettered right to exploit the Works in the manner the Producer may deem fit. |
4.4 It is hereby also agreed by the Writer that any results and proceeds arising out of and in relation to Works and |
results and proceeds of the obligations of the Writer hereunder in relation to the Work and/or Film shall also be |
construed as “Works” and the same shall immediately upon existence thereof shall stand assigned to the |
Producer in perpetuity for the territory of the entire universe. For the purpose of this Agreement the term |
“Works” shall also include the above stated and shall be construed in accordance to thereto. |
4.5 The Writer agrees and understands that the assignment of Works as per above shall operate for all the modes,media, technology and formats of exploitation including the Modes, Media and Formats mentioned under |
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Annexure A (regardless of the contrivance, appliance, device, analog, matrix, equipment, plate or format employing that medium or method) which may now be in existence and/or in commercial use or which may come in existence and/or commercial use anywhere in the universe whether or not in the field of cinematograph films or sound recordings during the term of copyright hereunder. To the extent that the rights of law, the Writer hereby grants an exclusive, perpetual, worldwide, sublicensable, irrevocable license to the |
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Producer for such future modes and mediums of exploitation of the Works and hereby confirms sufficiency of the Consideration agreed or any part thereof paid hereunder. |
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4.6 The Writer hereby agrees and acknowledges that the Producer shall have the sole, exclusive and unfettered right to produce the Film or any other cinematograph film (as defined under the Copyright Act, 1957 and Rules thereto, as amended) through itself or through any other third party. The Writer also agrees and understand that immediately upon the execution of this Agreement the Producer shall be the sole and exclusive owner and copyright holder and owner of the Works, its Intellectual Property Rights, Derivative Rights and |
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Exploitation Rights in perpetuity for the territory of the entire universe. The Producer shall have the unfettered |
right to produce any Derivative Work based on the Works and the Film in perpetuity for the territory of the entire universe. |
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4.7 The Writer agrees and understands that the Producer shall have the right to sell, convey, transfer, alienate, |
assign, license or sub-license the Works or any part thereof to any other party in the manner and for the |
purpose at any time the Producer may deem fit and appropriate. |
4.8 The Producer shall also have the sole, exclusive, unfettered, unequivocal and irrevocable right to adapt, |
modify, alter, edit, translate the Works in any languages of the world, transpose, synchronize, include any |
third-party material, include Works in any third party material, record the same with or without sound |
including spoken words, dialogue and music synchronously recorded, create any literary work, dramatic work,musical work, use the title or any part of the Work wholly or partially independent, produce or develop any prequels, sequels, remakes, stage plays, documentaries, TV series, web-series, advertising film(s), publish the |
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Works in any form including that in the form of a book, e-book, comic book, manuscript, etc. through any other media, now known and existing throughout the universe in the manner the Producer may deem fit and appropriate. |
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The Producer shall also have the right to dub, sub-title, translate and exploit the Works and its Derivative Works in any languages of the entire universe in the manner the Producer may deem fit and appropriate in the territory of the entire universe in perpetuity. |
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4.9 The Writer hereby also agrees that provisions of Section 19(4), 19A, 57 of the Copyright Act, 1957 shall have no application or effect on the terms of Assignment granted to the Producer hereunder and the Producer shall be deemed and construed as the owner and sole, exclusive and unencumbered copyright holder of the Works in perpetuity for the territory of the entire universe. |
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4.10 The Writer hereby acknowledges and undertakes that the assignment of copyright in the Works as granted |
herein is not and will not be contrary to the terms and conditions of the rights already assigned to a copyright |
society in which the Writer is a member (if applicable). The Writer hereby confirms that he has submitted the |
original letter written to the relevant copyright society for release and unconditional discharge of the Writer |
from the Copyright Society’s deed of assignment for the Works covered under this Agreement which are contrary to the terms and conditions of the rights already assigned by the Writer to the Copyright Society. |
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Writer hereby states that the literary works under this Agreement have been exclusively and solely authored by |
the Writer and that the said Works are free from any encumbrances to relevant registered copyright society, |
and the Writer hereby irrevocably assigns the copyright in the Works to the Producer confirming that this |
assignment is not, in any way, in contravention of Section 19(8) of the Copyright Amendment Act, 2012. |
4.11 The Writer hereby acknowledges that from the date of execution of this Agreement the Writer shall not have |
any rights in relation to the Works that may be reserved by the Writer and the Writer hereby waives off in favour of the Producer any and all the rights including but not restricted to any right pursuant to the Copyright |
Act, 1957 that the Writer may have created/ vested with in relation to the Work, obligations hereunder including moral rights thereto to the maximum extent permissible under the applicable laws provided that such moral rights will be available to the Writer in the event of any material distortion/mutilation of his works which is prejudicial to the reputation of the Writer. |
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4.12 The Writer hereby also agrees and understands that immediately upon the execution of this Agreement, the |
Producer shall have the sole and exclusive rights to market, exploit and distribute all rights including but not limited to the intellectual property rights, copyright and all other incidental and ancillary rights in relation and in to the Works and it is hereby specifically agreed and clarified between the Parties that any and all the agreements in relation to the exploitation of all the rights of the Works shall be entered into and executed solely and exclusively by the Producer and the Producer shall not be required to make the Writer a party to any such agreements. |
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4.13 The Writer hereby also grants, to the Producer, all consents which the Producer may require for full use of the products arising out of the work and rendition of Writer’s obligations and duties, whether under the laws of India or any other jurisdiction of the universe, and confirm that the rights hereby granted and assigned include any/all rental and lending and performer’s rights/ performer’s property rights and the right of communication to the public through any media or medium whether now existing or hereafter developed or invented. |
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4.14 The Writer also agree and confirm that the Producer shall be entitled to collect Producer’s equal share of |
royalty, as assignee of copyright in the Works, arising from the exploitation of the Works as maybe levied and |
collected by copyright societies or Producer or its designated agents in the entire universe from any third party |
licensee, not being the affiliates or group companies of the Producer. Writer shall be entitled to such statutory |
royalty as applicable in law and the same shall be collected by the Writer from the copyright collecting society |
of which the Writer may be a member. Nothing stated hereunder shall be construed as the Producer’s |
obligation to make the payment of royalties to the Writer or any other person. |
4.15 Writer hereby agrees to relinquish his rights in respect of the Work as per the applicable laws in favour of the |
Producer upon assignment of the Work to the Producer hereunder. |
4.16 Notwithstanding anything contained in this Agreement elsewhere and termination of this Agreement, the rights |
in the Works and as assigned by the Writer shall always remain solely and exclusively with the Producer and |
under no circumstances shall the Writer have any right, lien or claim over them. Notwithstanding the expiry or |
termination of this Agreement and the provisions of this Agreement, the provisions of this clause shall survive |
the termination of this Agreement.
The Writer hereby authorizes the Producer to use his name, voice, nick name, initials, autograph, approved photographs, approved portrait, approved caricatures, visage, countenance, approved silhouette, approved video, likeness and/ or audio recordings and the other approved visual and graphic representations for and in connection with the Film, the soundtrack (including soundtrack album),trailers and documentary and/ or making of pictures, and all advertising (including the name and likeness on sleeves, jackets and other packaging for soundtrack albums, video cassettes, videodiscs, written publications and the like) merchandising, commercial tie-ups, publicity and other means of exploitation of any and all rights pertaining to the Film and any element thereof with a prior written consent of the Writer. |
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4.17 The Writer hereby undertakes to do any and all acts and execute any and all documents in such manner and at such locations as may be required by the Producer and/or its assignee(s) (as the case may be) in its sole discretion in order to secure, protect, perfect or enforce any of the rights of the Producer pursuant to this Agreement. |
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4.18 Terms of this Clause 5 shall survive in perpetuity. |
STAMP AND SIGNATURE |
CUSTOMER CARE |
JENNY 732-281-7122 732-423-8052 |