Artwork Package Clause Samples

Artwork Package. If Producer shall proceed under Paragraph 3.a.(3) of said Article 16.A. with respect to a novelization, and in the event Writer is the "negotiating writer" as defined therein, and shall consummate a publication agreement within the time required by said Paragraph 3.a.(3), then Producer agrees to supply to the publisher a reasonable amount of stills, artwork and credits (all herein referred to as "artwork") relating to the Picture for use in connection with said novelization, to the extent such artwork is owned or controlled by Producer and has been approved for such use by the persons appearing therein to the extent required. Subject to Producer's entitlements under said Article 16.A. with respect to the title or logo of the Picture, all sums paid by the publisher for the right to publish or cause the publication of said novelization and for Writer's writing services in connection therewith shall be made to and retained by Writer but Writer shall cause the publisher to execute a written agreement pursuant to which it agrees to pay directly to Producer as consideration for agreeing to supply such artwork, an amount equal to 20% of the total of all amounts payable by the publisher (including advances and royalties) for such publication rights. All agents' commissions with respect to the sale or licensing of publication rights and Writer's writing services shall be borne solely by Writer. In the event the foregoing provisions of this subparagraph shall apply, and Writer does not enter into a publication agreement as aforesaid, and Producer proceeds with the publication of a novelization based upon the Material, Producer shall cause publisher to execute a written agreement pursuant to which it agrees to pay directly to Writer 50% of all amounts payable to Producer by the publisher (including advances and royalties) for such rights, services and artwork. If Writer does not write the novelization, any sums payable to the writer of the novelization and any other reasonable and customary expenses payable to third parties shall be deducted off-the-top in calculating any payment to Writer pursuant to this subparagraph.
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