Common use of OWNERSHIP OF THE WORK Clause in Contracts

OWNERSHIP OF THE WORK. The results and proceeds of the Services hereunder, and any and all contributions made in connection with the Work in whatever stage of creation or completion (and the services of any individual who renders services for Producer in connection with the Work) (the “Results and Proceeds”), including without limitation all outtakes, work tapes, storyboards, and scripts and all other material composed, submitted, added, created or interpolated by Producer hereunder, which Producer acknowledges may have been or may be rendered in collaboration with others, shall be deemed a work-made-for-hire for Client prepared within the scope of Producer’s employment and/or as a work specifically ordered and/or commissioned by Client for use in an audio-visual work, and therefore, Client shall be the author and exclusive copyright owner thereof for all purposes throughout the universe, with the exception of any intellectual property rights, including without limitation copyright rights, that have been licensed from third parties for use in connection with the Work. If under applicable law the foregoing is not effective to place authorship and ownership of the Results and Proceeds and all rights therein in Client, then by way of assignment and transfer of present and future copyright and otherwise, Producer hereby irrevocably sells, transfers, grants, and assigns to Client, all of its right, title and interest therein, whether now in existence or hereafter created, including, without limitation, all rights of ownership and authorship in and to the Results and Proceeds and all elements and versions thereof (including all physical elements in which any such Results and Proceeds may be embodied), throughout the universe and in perpetuity, and Producer acknowledges and agrees that it shall hold no right, title, or interest in or to any such items. All rights granted to Client shall vest in Client immediately upon creation without reservation, condition or limitation and shall remain vested whether or not this Agreement is terminated for any reason. No rights of any kind in and to the Results and Proceeds are reserved to or by Producer or shall vest in or revert to Producer. Producer waives Producer’s so-called “moral rights,” if any, and Client shall have the right to add to, subtract from, rearrange, change the title of and edit the Work and dub or subtitle the Work as Client may determine in its sole discretion. Producer will execute and deliver any documents reasonably necessary to perfect or effectuate any of Client’s rights in and to the Results and Proceeds under this Agreement. Notwithstanding anything to the contrary contained herein, if the “ALL” box in Section A of the SPA has not been checked, Client may display, distribute or otherwise use the Work only in or through those specific channels of media distribution selected in Section A of the SPA (the “Distribution Channels”). If the “ALL” box in Section A of the SPA has not been checked, then in the event that Client may wish to exploit the Work in any other channels of media distribution other than the Distribution Channels, the parties shall negotiate in good faith the terms of an “Additional Exploitation Rider” (which must be signed by the parties and attached to this Agreement as an Exhibit hereto) to determine what additional consideration shall be paid by Client to Producer for the right to so exploit the Work, and Client shall not have the right to so exploit the Work until the applicable Additional Exploitation Rider has been executed and such additional consideration has been paid to Producer. If the “ALL” box in Section A of the SPA has been checked, then Client may exploit the Work in all of the channels of media distribution as set forth in Section A of the SPA. Notwithstanding the foregoing, Producer owns and will retain all right, title and interest in and to any software or programming tools, both in object code and source code form, or any other special processes which Producer had already developed or licensed from a third party prior to the term of this Agreement, or which Producer creates pursuant to this Agreement in order to render the Services and/or create the Work, whether in whole or in part (“Producer’s Tools”), in perpetuity and throughout the universe (“Producer’s Rights”). By way of example, Producer’s Tools may include pre-existing underlying software and other technology, routines, sub-routines, and algorithms, and any and all intellectual property rights therein.

OWNERSHIP OF THE WORK. The results and proceeds In consideration of the Services hereundercompensation under the Award, Awardee acknowledges and agrees that the Work is created at the direction of the University and shall be considered a University-directed work under University Policy IP01, which states that “University-directed works are those created at the specific direction of a University unit for the University’s ownership and use.” 2.1 The Parties acknowledge and agree that the Awardee retains ownership of the Content. 2.2 The Awardee hereby retains, and the University hereby grants, the Awardee a perpetual, non-exclusive, royalty-free right to use, reproduce, and prepare derivative works, adaptions and versions of the Work for the Awardee’s own use whether within or outside of the University as set forth in University Policy IP01. 2.3 Except as set forth in Paragraphs 2.1 and 2.2, Awardee hereby fully, unconditionally, and irrevocably transfers, assigns, delivers, and conveys to University all of Awardee’s worldwide right, title, and interest, in and to the Work including without limitation, any and all enhancements, modifications, derivative works, and components of any of the foregoing developed by or for Assignee, including (a) all copyrights, copyright applications, and registrations, and any renewals or extensions thereto; (b) any and all moral rights; (c) works of authorship (copyrightable and non-copyrightable); (d) all other proprietary or intellectual property rights of any kind or nature therein; and (e) all of the assets, properties, contracts, rights, and obligations relating thereto, including the right to recover for damages and profits and any and all contributions made in connection with the Work in whatever stage of creation or completion (and the services of any individual who renders services other remedies for Producer in connection with the Work) (the “Results and Proceeds”), including without limitation all outtakes, work tapes, storyboards, and scripts and all other material composed, submitted, added, created or interpolated by Producer hereunderinfringement, which Producer acknowledges may have been or may be rendered in collaboration with others, shall be deemed a work-made-for-hire for Client prepared within occurred before the scope of Producer’s employment and/or as a work specifically ordered and/or commissioned by Client for use in an audio-visual work, and therefore, Client shall be the author and exclusive copyright owner thereof for all purposes throughout the universe, with the exception of any intellectual property rights, including without limitation copyright rights, that have been licensed from third parties for use in connection with the Work. If under applicable law the foregoing is not effective to place authorship and ownership of the Results and Proceeds and all rights therein in Client, then by way of assignment and transfer of present and future copyright and otherwise, Producer hereby irrevocably sells, transfers, grants, and assigns to Client, all of its right, title and interest therein, whether now in existence or hereafter created, including, without limitation, all rights of ownership and authorship in and to the Results and Proceeds and all elements and versions thereof (including all physical elements in which any such Results and Proceeds may be embodied), throughout the universe and in perpetuity, and Producer acknowledges and agrees that it shall hold no right, title, or interest in or to any such items. All rights granted to Client shall vest in Client immediately upon creation without reservation, condition or limitation and shall remain vested whether or not this Agreement is terminated for any reason. No rights of any kind in and to the Results and Proceeds are reserved to or by Producer or shall vest in or revert to Producer. Producer waives Producer’s so-called “moral rights,” if any, and Client shall have the right to add to, subtract from, rearrange, change the title of and edit the Work and dub or subtitle the Work as Client may determine in its sole discretion. Producer will execute and deliver any documents reasonably necessary to perfect or effectuate any of Client’s rights in and to the Results and Proceeds under this Agreement. Notwithstanding anything to the contrary contained herein, if the “ALL” box in Section A of the SPA has not been checked, Client may display, distribute or otherwise use the Work only in or through those specific channels of media distribution selected in Section A of the SPA (the “Distribution Channels”). If the “ALL” box in Section A of the SPA has not been checked, then in the event that Client may wish to exploit the Work in any other channels of media distribution other than the Distribution Channels, the parties shall negotiate in good faith the terms of an “Additional Exploitation Rider” (which must be signed by the parties and attached to this Agreement as an Exhibit hereto) to determine what additional consideration shall be paid by Client to Producer for the right to so exploit the Work, and Client shall not have the right to so exploit the Work until the applicable Additional Exploitation Rider has been executed and such additional consideration has been paid to Producer. If the “ALL” box in Section A of the SPA has been checked, then Client may exploit the Work in all of the channels of media distribution as set forth in Section A of the SPA. Notwithstanding the foregoing, Producer owns and will retain all right, title and interest in and to any software or programming tools, both in object code and source code form, or any other special processes which Producer had already developed or licensed from a third party prior to the term date of this Agreement, or the same to be held and enjoyed by the University, for its own use and benefit, and for its legal representatives and assigns, to the full end of the term for which Producer creates pursuant to said rights are granted, as fully and entirely as the same would have been held by the Awardee had this Agreement in order to render the Services and/or create the Work, whether in whole or in part (“Producer’s Tools”), in perpetuity and throughout the universe (“Producer’s Rights”). By way of example, Producer’s Tools may include pre-existing underlying software and other technology, routines, sub-routines, and algorithms, and any and all intellectual property rights thereinnot been made.