Common use of RIGHTS IN THE PROPERTY Clause in Contracts

RIGHTS IN THE PROPERTY. Contingent upon Seller’s receipt of the Fixed Compensation as set forth in Paragraph 1.1 above, Seller hereby sells, grants, conveys and assigns to Purchaser, its successors, licensees and assigns exclusively and forever all rights throughout the world in and to the Property. Purchaser may in its discretion make any and all changes in, additions to, and deletions from the Property in the exercise of its rights hereunder and Seller waives any rights of “droit morale" it may have therein. The rights granted to Purchaser include, without limitation, all motion picture rights (including all silent, sound, dialogue and musical motion picture rights), all television motion picture rights and other television rights, throughout the world, in and to the Property and in and to the copyright thereof and all renewals and extensions of copyright. Included among the rights granted to Purchaser hereunder (without in any way limiting the grant of rights hereinabove made) are the following sole and exclusive rights throughout the world: 3.1.1 To make, produce, adapt, sell, lease, rent, reissue, perform and generally deal in and with the Property and to copyright one or more motion picture adaptations or versions based in whole or in part on the Property, of every size, gauge, color or type, whether produced for exhibition theatrically, non-theatrically or otherwise, including musical motion pictures and remakes of sequels and prequels to any motion pictures produced hereunder, 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 performers in any such motion picture and any and all other kinds of sound and sound effects. 3.1.2 To exhibit, perform, rent, lease and generally deal in and with any motion picture produced hereunder: (i) by all means or technical processes whatsoever, whether now known or hereafter devised including, by way of example only, film, tape, disc, wire, audio-visual cartridge, cassette or television (including commercially sponsored, sustaining and subscription or pay-per-view television, or any derivative thereof); and (ii) in any place whatsoever, including homes, theaters and elsewhere, whether or not a fee is charged, directly or indirectly, for viewing any such motion picture. 3.1.3 To broadcast, transmit and reproduce the Property or any adaptation or version thereof (including, but not limited to, any motion picture produced hereunder 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, but not limited to, commercially sponsored, sustaining and subscription, or pay-per-view television), through the use of motion pictures produced on films or by means of magnetic tape, wire, disc, audio-visual cartridge or any other device now known or hereafter devised and including 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. 3.1.4 For the foregoing purposes, to use all or any part of the Property and any of the characters, plots, themes and/or ideas therein contained, and the title of the Property and any title or subtitle of any component of the Property, and to use said titles or subtitles in connection with 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. 3.1.5 To use and exploit, in any and all media, commercial and merchandise tie-ups and recordings of every kind and nature and of any sort and nature arising out of or connected with the Property and/or motion picture or other versions and/or the title or titles thereof and/or the characters thereof and/or their names or characteristics. 3.1.6 All rights, licenses, privileges and property herein granted to Purchaser shall be cumulative and Purchaser may exercise or use any or all of said rights, licenses, privileges and 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 Seller 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 Seller hereby grants to Purchaser without payment therefor all of the same rights therein as are herein granted Purchaser. The term "motion picture" shall be deemed to mean and include any present or future kind of motion picture production with or without sound recorded and reproduced synchronously therein, 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 production.

RIGHTS IN THE PROPERTY. Contingent upon Seller’s receipt of the Fixed Compensation as set forth in Paragraph 1.1 above, Seller hereby sells, grants, conveys and assigns to Purchaser, its successors, licensees and assigns exclusively and forever all rights throughout the world in and to the Property. Purchaser may in its discretion make any and all changes in, additions to, and deletions from the Property in the exercise of its rights hereunder and Seller waives any rights of “droit morale" it may have therein. The rights granted to Purchaser include, without limitation, all motion picture rights (including all silent, sound, dialogue and musical motion picture rights), all television motion picture rights and other television rights, throughout the world, in and to the Property and in and to the copyright thereof and all renewals and extensions of copyright. Included among the rights granted to Purchaser hereunder (without in any way limiting the grant of rights hereinabove made) are the following sole and exclusive rights throughout the world:: 3. 3.1.1 1.1 To make, produce, adapt, sell, lease, rent, reissue, perform and generally deal in and with the Property and to copyright one or more motion picture adaptations or versions based in whole or in part on the Property, of every size, gauge, color or type, whether produced for exhibition theatrically, non-theatrically or otherwise, including musical motion pictures and remakes of sequels and prequels to any motion pictures produced hereunder, 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 performers in any such motion picture and any and all other kinds of sound and sound effects. 3.1.2 To exhibit, perform, rent, lease and generally deal in and with any motion picture produced hereunder: (i) by all means or technical processes whatsoever, whether now known or hereafter devised including, by way of example only, film, tape, disc, wire, audio-visual cartridge, cassette or television (including commercially sponsored, sustaining and subscription or pay-per-view television, or any derivative thereof); and (ii) in any place whatsoever, including homes, theaters and elsewhere, whether or not a fee is charged, directly or indirectly, for viewing any such motion picture. 3.1.3 To broadcast, transmit and reproduce the Property or any adaptation or version thereof (including, but not limited to, any motion picture produced hereunder 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, but not limited to, commercially sponsored, sustaining and subscription, or pay-per-view television), through the use of motion pictures produced on films or by means of magnetic tape, wire, disc, audio-visual cartridge or any other device now known or hereafter devised and including 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. 3.1.4 For the foregoing purposes, to use all or any part of the Property and any of the characters, plots, themes and/or ideas therein contained, and the title of the Property and any title or subtitle of any component of the Property, and to use said titles or subtitles in connection with 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. 3.1.5 To use and exploit, in any and all media, commercial and merchandise tie-ups and recordings of every kind and nature and of any sort and nature arising out of or connected with the Property and/or motion picture or other versions and/or the title or titles thereof and/or the characters thereof and/or their names or characteristics. 3.1.6 All rights, licenses, privileges and property herein granted to Purchaser shall be cumulative and Purchaser may exercise or use any or all of said rights, licenses, privileges and 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 Seller 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 Seller hereby grants to Purchaser without payment therefor all of the same rights therein as are herein granted Purchaser. The term "motion picture" shall be deemed to mean and include any present or future kind of motion picture production with or without sound recorded and reproduced synchronously therein, 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 production.