Scope of Rights. This Agreement is for the exclusive, perpetual and worldwide grant of all rights, title and interest (now known or hereafter devised) in and to the Play (collectively, the “Rights”), excepting only those rights specifically reserved to the Owner pursuant to Section 7 below and subject to the payment of any additional Purchase Price(s) and other fees, if any, as described in Sections 4.3 through 4.3.12 and 5 through 5.8 below, as applicable, and further subject to the terms, conditions and restrictions set forth in the Live Stage Rights Agreement (“LSR Agreement”). The Rights shall include without limitation: (i) all theatrical and television motion picture rights, television rights, new media rights and all allied and subsidiary rights in and to the Play including the rights to develop, produce, adapt, write, make, record, copyright, distribute, publish, broadcast, reproduce, transmit, perform, rent, lease, exploit and generally deal in and with any written, motion picture, television, new media or other property developed from or based on all or any proprietary part or element of the Play (each a “Property”), and all allied and subsidiary rights therein and thereto, the television and new media rights shall include, without limitation, those in scripted and unscripted television formats whether in traditional linear, long or short form, distributed by any or all forms of television and/or new media distribution now known or hereafter devised (including without limitation commercially sponsored, sustaining and subscription television, free television, pay-TV, cable, pay-cable, MDS, LPTV, satellite, broadcast, VOD, SVOD, streaming) whether distributed in a traditional manner or by a station, site, network or service that broadcasts digitally and/or via the Internet through any platform, console, mobile device, interface or technology now known or hereafter devised; (ii) all forms of home entertainment rights, including but not limited to video cassettes, discs, CD-ROM, DVD, Blu-ray, digital or electronic and other non-physical downloads, copies and streams, all other audiovisual media now known or hereafter devised including without limitation interactive media and all computer driven, digital, electronic or optical media now known or hereafter devised with respect to any Property; (iii) the sequel, prequel, remake and spinoff rights associated with any Property created hereunder and all advertising and promotion rights (including use of portions of the Play not to exceed 7,500 words in each instance of advertising and/or promotion) associated with any Properties (and including the right to make and broadcast trailers in association with any such advertising or promotion of a Property); (iv) all merchandising, commercial tie-in, novelization, soundtrack, prerecorded radio, audio-recording, music publication and exploitation rights with respect to any Properties, and the right to use Owner’s names, approved likenesses and approved biographies in connection with the exploitation of all Properties and Rights (but not as an endorsement of any product or service) and all other rights customarily contained in motion picture/television/audio-visual media and other intellectual property rights option and purchase agreements. 3.1. The term “Play” as used herein, shall include, without limitation, the Play’s book (i.e., libretto) and underlying score, lyrics and all musical compositions and elements contained therein, all characters and original storylines, fictitious locations, concepts and titles, fictitious places and all other original elements contained therein. 3.2. The definition of “Property” as used herein shall include any and all literary properties (story, novel, drama, script or otherwise) of, created from or based on the Play or any element thereof including but not limited to those written before or after the Play and those written by Owner or by a successor in interest of Owner, using one or more of the characters or compositions appearing in the Play, participating in different events from those found in the Play, and whose plot is substantially different from that of the Play (each a “Sequel”). Owner agrees not to exercise, or permit any other person to MUSICAL OPTION & PURCH. AGREEMENT – OPENING NIGHT ENTERPRISES, LLC/THE KING’S CRITIQUE 4 exercise, any other rights (including but not limited to motion picture, television, new media or allied rights) of any kind in or to any author-written Sequel. 3.3. Without limitation to the foregoing definition of Rights, the “Rights” as used herein shall specifically include: 3.
Appears in 2 contracts
Sources: Exhibit (Opening Night Enterprises, LLC), Exhibit (Opening Night Enterprises, LLC)
Scope of Rights. This Agreement is for the exclusive, perpetual and worldwide grant of all rights, title and interest (now known or hereafter devised) in and to the Play (collectively, the “Rights”), excepting only those rights specifically reserved to the Owner pursuant to Section 7 below and subject to the payment of any additional Purchase Price(s) and other fees, if any, as described in Sections 4.3 through 4.3.12 and 5 through 5.8 below, as applicable, and further subject to the terms, conditions and restrictions set forth in the Live Stage Rights Agreement (“LSR Agreement”). The Rights shall include without limitation: (i) all theatrical and television motion picture rights, television rights, new media rights and all allied and subsidiary rights in and to the Play including the rights to develop, produce, adapt, write, make, record, copyright, distribute, publish, broadcast, reproduce, transmit, perform, rent, lease, exploit and generally deal in and with any written, motion picture, television, new media or other property developed from or based on all or any proprietary part or element of the Play (each a “Property”), and all allied and subsidiary rights therein and thereto, the television and new media rights shall include, without limitation, those in scripted and unscripted television formats whether in traditional linear, long or short form, distributed by any or all forms of television and/or new media distribution now known or hereafter devised (including without limitation commercially sponsored, sustaining and subscription television, free television, pay-TV, cable, pay-cable, MDS, LPTV, satellite, broadcast, VOD, SVOD, streaming) whether distributed in a traditional manner or by a station, site, network or service that broadcasts digitally and/or via the Internet through any platform, console, mobile device, interface or technology now known or hereafter devised; (ii) all forms of home entertainment rights, including but not limited to video cassettes, discs, CD-ROM, DVD, Blu-ray, digital or electronic and other non-physical downloads, copies and streams, all other audiovisual media now known or hereafter devised including without limitation interactive media and all computer driven, digital, electronic or optical media now known or hereafter devised with respect to any Property; (iii) the sequel, prequel, remake and spinoff rights associated with any Property created hereunder and all advertising and promotion rights (including use of portions of the Play not to exceed 7,500 words in each instance of advertising and/or promotion) associated with any Properties (and including the right to make and broadcast trailers in association with any such advertising or promotion of a Property); (iv) all merchandising, commercial tie-in, novelization, soundtrack, prerecorded radio, audio-recording, music publication and exploitation rights with respect to any Properties, and the right to use Owner’s names, approved likenesses and approved biographies in connection with the exploitation of all Properties and Rights (but not as an endorsement of any product or service) and all other rights customarily contained in motion picture/television/audio-visual media and other intellectual property rights option and purchase agreements.
3.1. The term “Play” as used herein, shall include, without limitation, the Play’s book (i.e., libretto) and underlying score, lyrics and all musical compositions and elements contained therein, all characters and original storylines, fictitious locations, concepts and titles, fictitious places and all other original elements contained therein.
3.2. The definition of “Property” as used herein shall include any and all literary properties (story, novel, drama, script or otherwise) of, created from or based on the Play or any element thereof including but not limited to those written before or after the Play and those written by Owner or by a successor in interest of Owner, using one or more of the characters or compositions appearing in the Play, participating in different events from those found in the Play, and whose plot is substantially different from that of the Play (each a “Sequel”). Owner agrees not to exercise, or permit any other person to MUSICAL OPTION & PURCH. AGREEMENT – OPENING NIGHT ENTERPRISES, LLC/THE KING’S CRITIQUE COYOTE 4 exercise, any other rights (including but not limited to motion picture, television, new media or allied rights) of any kind in or to any author-written Sequel. 3.3. Without limitation to the foregoing definition of Rights, the “Rights” as used herein shall specifically include: 3.
Appears in 2 contracts
Sources: Exhibit (Opening Night Enterprises, LLC), Exhibit (Opening Night Enterprises, LLC)
Scope of Rights. This Agreement is for the exclusive, perpetual and worldwide grant of all rights, title and interest (now known or hereafter devised) in and to the Play (collectively, the “Rights”), excepting only those rights specifically reserved to the Owner pursuant to Section 7 below and subject to the payment of any additional Purchase Price(s) and other fees, if any, as described in Sections 4.3 through 4.3.12 and 5 through 5.8 below, as applicable, and further subject to the terms, conditions and restrictions set forth in the Live Stage Rights Agreement (“LSR Agreement”). The Rights shall include without limitation: (i) all theatrical and television motion picture rights, television rights, new media rights and all allied and subsidiary rights in and to the Play including the rights to develop, produce, adapt, write, make, record, copyright, distribute, publish, broadcast, reproduce, transmit, perform, rent, lease, exploit and generally deal in and with any written, motion picture, television, new media or other property developed from or based on all or any proprietary part or element of the Play (each a “Property”), and all allied and subsidiary rights therein and thereto, the television and new media rights shall include, without limitation, those in scripted and unscripted television formats whether in traditional linear, long or short form, distributed by any or all forms of television and/or new media distribution now known or hereafter devised (including without limitation commercially sponsored, sustaining and subscription television, free television, pay-TV, cable, pay-cable, MDS, LPTV, satellite, broadcast, VOD, SVOD, streaming) whether distributed in a traditional manner or by a station, site, network or service that broadcasts digitally and/or via the Internet through any platform, console, mobile device, interface or technology now known or hereafter devised; (ii) all forms of home entertainment rights, including but not limited to video cassettes, discs, CD-ROM, DVD, Blu-ray, digital or electronic and other non-physical downloads, copies and streams, all other audiovisual media now known or hereafter devised including without limitation interactive media and all computer driven, digital, electronic or optical media now known or hereafter devised with respect to any Property; (iii) the sequel, prequel, remake and spinoff rights associated with any Property created hereunder and all advertising and promotion rights (including use of portions of the Play not to exceed 7,500 words in each instance of advertising and/or promotion) associated with any Properties (and including the right to make and broadcast trailers in association with any such advertising or promotion of a Property); (iv) all merchandising, commercial tie-in, novelization, soundtrack, prerecorded radio, audio-recording, music publication and exploitation rights with respect to any Properties, and the right to use Owner’s names, approved likenesses and approved biographies in connection with the exploitation of all Properties and Rights (but not as an endorsement of any product or service) and all other rights customarily contained in motion picture/television/audio-visual media and other intellectual property rights option and purchase agreements.
3.1. The term “Play” as used herein, shall include, without limitation, the Play’s book (i.e., libretto) and underlying score, lyrics and all musical compositions and elements contained therein, all characters and original storylines, fictitious locations, concepts and titles, fictitious places and all other original elements contained therein.
3.2. The definition of “Property” as used herein shall include any and all literary properties (story, novel, drama, script or otherwise) of, created from or based on the Play or any element thereof including but not limited to those written before or after the Play and those written by Owner or by a successor in interest of Owner, using one or more of the characters or compositions appearing in the Play, MUSICAL OPTION & PURCH. AGREEMENT – OPENING NIGHT ENTERPRISES, LLC/O’DANIEL, MANZAY, M▇▇▇▇▇/ONCE UPON A RHYME 4 participating in different events from those found in the Play, and whose plot is substantially different from that of the Play (each a “Sequel”). Owner agrees not to exercise, or permit any other person to MUSICAL OPTION & PURCH. AGREEMENT – OPENING NIGHT ENTERPRISES, LLC/THE KING’S CRITIQUE 4 exercise, any other rights (including but not limited to motion picture, television, new media or allied rights) of any kind in or to any author-written Sequel. 3.3. Without limitation to the foregoing definition of Rights, the “Rights” as used herein shall specifically include: 3.
Appears in 1 contract
Scope of Rights. This Agreement is for the exclusive, perpetual and worldwide grant of all rights, title and interest (now known or hereafter devised) in and to the Play (collectively, the “Rights”), excepting only those rights specifically reserved to the Owner pursuant to Section 7 below and subject to the payment of any additional Purchase Price(s) and other fees, if any, as described in Sections 4.3 through 4.3.12 and 5 through 5.8 below, as applicable, and further subject to the terms, conditions and restrictions set forth in the Live Stage Rights Agreement (“LSR Agreement”). The Rights shall include without limitation: (i) all theatrical and television motion picture rights, television rights, new media rights and all allied and subsidiary rights in and to the Play including the rights to develop, produce, adapt, write, make, record, copyright, distribute, publish, broadcast, reproduce, transmit, perform, rent, lease, exploit and generally deal in and with any written, motion picture, television, new media or other property developed from or based on all or any proprietary part or element of the Play (each a “Property”), and all allied and subsidiary rights therein and thereto, the television and new media rights shall include, without limitation, those in scripted and unscripted television formats whether in traditional linear, long or short form, distributed by any or all forms of television and/or new media distribution now known or hereafter devised (including without limitation commercially sponsored, sustaining and subscription television, free television, pay-TV, cable, pay-cable, MDS, LPTV, satellite, broadcast, VOD, SVOD, streaming) whether distributed in a traditional manner or by a station, site, network or service that broadcasts digitally and/or via the Internet through any platform, console, mobile device, interface or technology now known or hereafter devised; (ii) all forms of home entertainment rights, including but not limited to video cassettes, discs, CD-ROM, DVD, Blu-ray, digital or electronic and other non-physical downloads, copies and streams, all other audiovisual media now known or hereafter devised including without limitation interactive media and all computer driven, digital, electronic or optical media now known or hereafter devised with respect to any Property; (iii) the sequel, prequel, remake and spinoff rights associated with any Property created hereunder and all advertising and promotion rights (including use of portions of the Play not to exceed 7,500 words in each instance of advertising and/or promotion) associated with any Properties (and including the right to make and broadcast trailers in association with any such advertising or promotion of a Property); (iv) all merchandising, commercial tie-in, novelization, soundtrack, prerecorded radio, audio-recording, music publication and exploitation rights with respect to any Properties, and the right to use Owner’s names, approved likenesses and approved biographies in connection with the exploitation of all Properties and Rights (but not as an endorsement of any product or service) and all other rights customarily contained in motion picture/television/audio-visual media and other intellectual property rights option and purchase agreements.
3.1. The term “Play” as used herein, shall include, without limitation, the Play’s book (i.e., libretto) and underlying score, lyrics and all musical compositions and elements contained therein, all characters and original storylines, fictitious locations, concepts and titles, fictitious places and all other original elements contained therein.
3.2. The definition of “Property” as used herein shall include any and all literary properties (story, novel, drama, script or otherwise) of, created from or based on the Play or any element thereof including but not limited to those written before or after the Play and those written by Owner or by a successor in interest of Owner, using one or more of the characters or compositions appearing in the Play, MUSICAL OPTION & PURCH. AGREEMENT – OPENING NIGHT ENTERPRISES, LLC/O’DANIEL, MANZAY, ▇▇▇▇▇▇/ONCE UPON A RHYME 4 participating in different events from those found in the Play, and whose plot is substantially different from that of the Play (each a “Sequel”). Owner agrees not to exercise, or permit any other person to MUSICAL OPTION & PURCH. AGREEMENT – OPENING NIGHT ENTERPRISES, LLC/THE KING’S CRITIQUE 4 exercise, any other rights (including but not limited to motion picture, television, new media or allied rights) of any kind in or to any author-written Sequel. 3.3. Without limitation to the foregoing definition of Rights, the “Rights” as used herein shall specifically include: 3.
Appears in 1 contract
Scope of Rights. This Agreement is for the exclusive, perpetual and worldwide grant of all rights, title and interest (now known or hereafter devised) in and to the Play (collectively, the “Rights”), excepting only those rights specifically reserved to the Owner pursuant to Section 7 below and subject to the payment of any additional Purchase Price(s) and other fees, if any, as described in Sections 4.3 through 4.3.12 and 5 through 5.8 below, as applicable, and further subject to the terms, conditions and restrictions set forth in the Live Stage Rights Agreement (“LSR Agreement”). The Rights shall include without limitation: (i) all theatrical and television motion picture rights, television rights, new media rights and all allied and subsidiary rights in and to the Play including the rights to develop, produce, adapt, write, make, record, copyright, distribute, publish, broadcast, reproduce, transmit, perform, rent, lease, exploit and generally deal in and with any written, motion picture, television, new media or other property developed from or based on all or any proprietary part or element of the Play (each a “Property”), and all allied and subsidiary rights therein and thereto, the television and new media rights shall include, without limitation, those in scripted and unscripted television formats whether in traditional linear, long or short form, distributed by any or all forms of television and/or new media distribution now known or hereafter devised (including without limitation commercially sponsored, sustaining and subscription television, free television, pay-TV, cable, pay-cable, MDS, LPTV, satellite, broadcast, VOD, SVOD, streaming) whether distributed in a traditional manner or by a station, site, network or service that broadcasts digitally and/or via the Internet through any platform, console, mobile device, interface or technology now known or hereafter devised; (ii) all forms of home entertainment rights, including but not limited to video cassettes, discs, CD-ROM, DVD, Blu-ray, digital or electronic and other non-physical downloads, copies and streams, all other audiovisual media now known or hereafter devised including without limitation interactive media and all computer driven, digital, electronic or optical media now known or hereafter devised with respect to any Property; (iii) the sequel, prequel, remake and spinoff rights associated with any Property created hereunder and all advertising and promotion rights (including use of portions of the Play not to exceed 7,500 words in each instance of advertising and/or promotion) associated with any Properties (and including the right to make and broadcast trailers in association with any such advertising or promotion of a Property); (iv) all merchandising, commercial tie-in, novelization, soundtrack, prerecorded radio, audio-recording, music publication and exploitation rights with respect to any Properties, and the right to use Owner’s names, approved likenesses and approved biographies in connection with the exploitation of all Properties and Rights (but not as an endorsement of any product or service) and all other rights customarily contained in motion picture/television/audio-visual media and other intellectual property rights option and purchase agreements.
3.1. The term “Play” as used herein, shall include, without limitation, the Play’s book (i.e., libretto) and underlying score, lyrics and all musical compositions and elements contained therein, all characters and original storylines, fictitious locations, concepts and titles, fictitious places and all other original elements contained therein.
3.2. The definition of “Property” as used herein shall include any and all literary properties (story, novel, drama, script or otherwise) of, created from or based on the Play or any element thereof including but not limited to those written before or after the Play and those written by Owner or by a successor in interest of Owner, using one or more of the characters or compositions appearing in the Play, participating in different events from those found in the Play, and whose plot is substantially different from that of the Play (each a “Sequel”). Owner agrees not to exercise, or permit any other person to MUSICAL OPTION & PURCH. AGREEMENT – OPENING NIGHT ENTERPRISES, LLC/THE KING’S CRITIQUE 4 exercise, any other rights (including but not limited to motion picture, television, new media or allied rights) of any kind in or to any author-written Sequel. 3.3. Without limitation to the foregoing definition of Rights, the “Rights” as used herein shall specifically include: MUSICAL OPTION & PURCH. AGREEMENT – OPENING NIGHT ENTERPRISES, LLC/ LEGENDS OF ARAHMA 4 3.3.1. For any motion picture, television, new media or other audio visual Property created hereunder, the right to record and reproduce in synchronization therewith, spoken words, lyrics, singing, sound effects and musical compositions and accompaniments, whether or not included in the Play, sung and/or performed by the performers of the Property or otherwise; 3.3.2. The exhibition, broadcast, reproduction, performance, rental, lease and other distribution and exploitation rights hereunder with respect to any Property, shall include and mean such rights by means of any technology, media, medium and means now known or hereafter devised in and to any place and venue throughout the universe by any method now known or hereafter devised; 3.
Appears in 1 contract