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VH1 MATERIALS RELEASE
Dated: As of ___________, 2003
By signing below, the undersigned hereby consents to the use of the
submitted Materials (hereinafter defined) by MTV Networks, a division
of Viacom International Inc. ("MTVN") as follows:
1. PROJECT: Tentative Project title: TBD
2. CERTIFICATE OF AUTHORSHIP: All artistic, literary, dramatic, musical
and other materials submitted by you, together with the results and
proceeds of your services in connection with this agreement
(the "Material") are specially commissioned by MTVN as a work made for
hire within the meaning of the copyright laws of the United States. As
used herein, the term "Material" will include, without limitation, any
appearance and/or performance by you and/or any recordings of your
voice, conversation and sounds, including, without limitation, any
performance by you of any musical composition(s) and/or any artistic,
literary, dramatic and/or other material, in connection with any
materials submitted by you under this agreement. MTVN is the sole and
exclusive author and owner for all purposes of the Material and all
right, title and interest therein, including but not limited to all
copyrights in the Material (and all renewals and extensions thereof),
and MTVN shall have the sole and exclusive right to use or exploit the
Material in whole or in part, throughout the universe in perpetuity in
any and all media, now known or hereafter devised, alone, or together
or as part of other material of any kind or nature. Without limiting
the foregoing, MTVN will have the right to use and change the Material
in any manner that MTVN may determine.
If any of the Material is determined not to be a work made for hire,
you hereby irrevocably and absolutely assign and grant to MTVN, its
successors and assigns, in perpetuity, throughout the universe, all
rights in and to the Material, including, but not limited to all
copyrights in the Material (and all renewals and extensions thereof).
MTVN's rights in the Material may be freely assigned and licensed and
any such assignment or license shall be binding upon you and shall
inure to the benefit of such assignee or licensee. You warrant that all
Material either is original with you or is fully cleared by you, and
that neither the Material nor MTVN's use of the Material as
contemplated by this agreement will infringe or violate any rights of
any person or entity, nor shall MTVN be required to pay or incur any
sums to any person or entity as a result of MTVN's ownership,
acquisition, use or exploitation of the Material.
You acknowledge and agree that you shall have no rights of consultation
and/or approval with respect to MTVN's exploitation, revision and/or
use of the Material. You further acknowledge and agree that at MTVN's
sole discretion, MTVN may elect to use, and/or license others to use,
your name (including without limitation any nicknames or assumed or
fictitious names by which you may be known), voice, likeness and /or
biographical information concerning you, provided by you, including,
without limitation, in connection with the Project and any ancillary
uses thereof, and the advertising and promotion thereof and of MTVN's
worldwide programming services. Moreover, you hereby waive, forfeit,
relinquish and abandon all "moral rights" (as said term is commonly
understood), rights of attribution and/or integrity that you may
otherwise have had with respect to the Material, and all rights you
might otherwise have had under the Visual Artists Rights Act of 1990.
3. RELEASE AND WAIVER: Without limiting any of the provisions of
Paragraph 2 above, you hereby agree that you will make no claim of any
kind against MTVN or any of its affiliated entities or individuals
relating to any materials prepared by you under this agreement and
their use in any manner or media, including, without limitation, any
right and claims relating to common law copyright, libel, rights of
privacy or confidentiality and any right and claims relating to
descriptions, conclusions, quotes, and paraphrases of you, your
services and performance hereunder or your experiences.
4. PERFORMANCE LICENSE: Without limiting any of the provisions of
Paragraph 3 above: (a) you agree that you have secured or will secure
at no cost to MTVN a synchronization license for MTVN to use any
musical compositions owned in any way, or written or co-written by you
that you or anyone else perform(s) in connection with any materials
prepared by you under this agreement; however, nothing in this release
shall affect your right, or the right of any authorized publisher or co-
writer, to collect public performance royalties from BMI or ASCAP; and
(b) you hereby grant to MTVN a license to use any non-musical material
created and/or owned by you as performed in connection with any
materials prepared by you under this agreement, in any manner and in
any and all media now known or hereafter devised or discovered,
worldwide and in perpetuity.
5. MISCELLANEOUS: You confirm that, to the best of your knowledge, any
statements made by you in any materials prepared by you will be true
and will not violate or infringe any third party's rights. You will not
disclose the terms of this agreement or any confidential or proprietary
materials which you provide or to which you gain access.
You will indemnify MTVN and its affiliated companies against any
claims, damages or penalties arising out of your breach of any of your
representations, warranties or obligations in this agreement. In the
event of any question of MTVN's performance of its obligations
hereunder (including, without limitation, any question relating to the
provisions of Paragraph 3 above, you agree that you will not seek
injunctive relief against MTVN, and that your relief, if any, will be
limited to a claim for monetary damages. New York law governs this
agreement. In the event of any conflict between any provision contained
in this agreement and the provisions of any other agreement between you
and MTVN, the provisions of this agreement shall be deemed controlling.
By executing this agreement, you acknowledge that you have read and
fully understand the terms of this agreement, and have had the
opportunity to have this agreement reviewed by legal counsel of your
choosing. At MTVN's election, MTVN may require you to sign a more
formal agreement covering the services provided under this agreement.
ACCEPTED AND AGREED TO:
Signature: _____________________________________
Print name:_____________________________________
Address: _______________________________________
Telephone ____________________
Soc. Sec. #____________________
Driver's License #_______________
(If the individual executing the foregoing agreement is under the age
of twenty-one (21), the following must be executed by his/her parent or
legal guardian):
I hereby certify that I am the parent/legal guardian of the individual
who executed the foregoing agreement, and I hereby confirm, ratify and
consent to the execution of the foregoing agreement by said individual,
acting both for myself individually and on behalf of said individual,
and I agree that the agreement binds me and said individual to all of
the terms thereof.
Signature: _____________________________________
Print name:_____________________________________
Address: _______________________________________
Telephone ____________________
Employer: ____________________
Employer phone: _______________
Soc. Sec. #____________________
Driver's License #_______________
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