I am under the assumption that you're considered the "licensor "and that the person who would be buying it would be the "Producer".
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Originally posted by ParasiteTV
hiya,
some british company wants to feature our stuff, but the licensing agreement looks sketchy at best.
can anyone translate these statements into plain english for me?
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the Footage is fully cleared and apart from the Fee paid by Producer, no other sums shall be payable or become payable to the Licensor or to any other third party in respect of the exploitation of the Footage as specified herein; and
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This means you get a one time fee.
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2.1.4 the Licensor shall deliver to Producer master copies of the Footage in an agreed format on or before the Delivery Date; and
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So, they want the high quality footage vs compressed stuff.. This could be a DVD/Tape master.
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2.1.5 the copyright and all other rights in the Programme and any other material created by Producer in relation to the Programme shall at all times be and remain the sole property of Producer (whether or not the same incorporates all or part of the Footage).
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Tell them to go fuck themselfs on that one... You should NOT have to give up ownership of the content to the "Producer". They also want the copyright on all footage which is not included in the "Masters" which they've requested.
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2.2 Licensor undertakes to indemnify Producer (which in this Agreement shall include Producer?s successors, assignees, licensees, associates and affiliates) from and against all actions, proceedings, costs, claims and damages howsoever arising in respect of any actual or alleged breach or non-performance by the Licensor of any of its undertakings, representations and warranties hereunder.
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I would get them to reword this to ONLY include them. If they decided to license the content (which they will have the ability to do since they get ownership of the content) on an exclusive basis, then license it to someone else and get sued for breach of contract, you can be held responsible as well.
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3. Assignment
Producer may freely assign its rights, obligations and interest in this Agreement to, or to allow the exercise of its rights under this Agreement by any third party, and the Contributor acknowledges that ?Producer? means Producer, its successors, assignees and licensees.
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This means they can license the content out to absolutely anyone they want to in any way they want. Complete bullshit if they want to do a "feature" with your content. They could take the footage, put it on DVD and you couldnt do shit.
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it seems to me that they will own the rights to my footage...
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Correct! They will own it, all of it, and it'll be so that even you, who created it, will NOT be able to use it yourself.
Tell them to fuck off
Disclaimer : I am not a lawyer and have no formal training in the field but i have been over numerous content contracts and such...take my words with a gain assault.