I just received a release form from a high profile producer with the following contradictory clauses:
5. RIGHTS AND OBLIGATIONS: For good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, including, without limitation your execution of this Agreement and your agreeing to cause the Material to be reviewed:
(a) I agree that you have no obligations to me except as set forth in this Agreement, and that no other obligations exist or shall exist or shall be deemed to exist. I further acknowledge that at this time you have no intent to compensate me in any way and I have no expectation (and, at the time of submission, had no expectation) of receiving any compensation. You agree, however, that except as provided in Paragraph 5.(b), you will not use the Material unless you shall pay me an amount for such use which you and I shall mutually agree upon. I understand and agree that your use of property containing elements similar to or identical with protectible literary property
6. ASSIGNMENT OF RIGHTS: If you should decide to use the Material pursuant to Paragraph 5(a), then I shall promptly sign and deliver to you a purchase of rights agreement which you shall send to me. Such agreement shall be in form generally used for agreements of such type. Such agreement shall provide, in substance and among other things, that in return for your paying me the reasonable value of the Material I shall sell, grant and assign to you, your successors, assigns and licensees, exclusively, in perpetuity throughout the universe, all rights of every kind and nature, whether now known or hereafter devised, in and to the Material and all elements and components embodied therein (collectively, "Granted Rights-). The "reasonable value,- as used herein, shall be determined as of the date of this Agreement, and I acknowledge and agree that the maximum reasonable value of the Material, in its entirety, is an amount equal to the minimum compensation provided for the writing of equivalent material in the Writers Guild of America Theatrical and Television Basic Agreement. I further acknowledge and agree that the Granted Rights shall include, without limitation, all theatrical, television, non-theatrical, home video, publishing, music, merchandising, and all other ancillary and subsidiary rights, copyrights and rights of copyright, in all languages, all without any restrictions, limitations or conditions of any kind, and that I shall, to the maximum extent allowed, expressly waive, in perpetuity, without limitation, any and all rights in law, equity or otherwise, which I may have or claim to have under any law relating to the "moral rights of authors- or any similar law or principle throughout the universe and that you may make such changes, deletions, additions, use or otherwise of the Material as you in your sole discretion may from time to time determine.
In my understanding they have no rights to use if we don't agree on the amount, and on the other side they force me not to ask for more than the WGA minimum? Pls give me an advice, shall I ask them directly about fixing the form, or there are just 2 options - sign or go f**k yourself?
Thanks in advance for your opinion!
5. RIGHTS AND OBLIGATIONS: For good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, including, without limitation your execution of this Agreement and your agreeing to cause the Material to be reviewed:
(a) I agree that you have no obligations to me except as set forth in this Agreement, and that no other obligations exist or shall exist or shall be deemed to exist. I further acknowledge that at this time you have no intent to compensate me in any way and I have no expectation (and, at the time of submission, had no expectation) of receiving any compensation. You agree, however, that except as provided in Paragraph 5.(b), you will not use the Material unless you shall pay me an amount for such use which you and I shall mutually agree upon. I understand and agree that your use of property containing elements similar to or identical with protectible literary property
6. ASSIGNMENT OF RIGHTS: If you should decide to use the Material pursuant to Paragraph 5(a), then I shall promptly sign and deliver to you a purchase of rights agreement which you shall send to me. Such agreement shall be in form generally used for agreements of such type. Such agreement shall provide, in substance and among other things, that in return for your paying me the reasonable value of the Material I shall sell, grant and assign to you, your successors, assigns and licensees, exclusively, in perpetuity throughout the universe, all rights of every kind and nature, whether now known or hereafter devised, in and to the Material and all elements and components embodied therein (collectively, "Granted Rights-). The "reasonable value,- as used herein, shall be determined as of the date of this Agreement, and I acknowledge and agree that the maximum reasonable value of the Material, in its entirety, is an amount equal to the minimum compensation provided for the writing of equivalent material in the Writers Guild of America Theatrical and Television Basic Agreement. I further acknowledge and agree that the Granted Rights shall include, without limitation, all theatrical, television, non-theatrical, home video, publishing, music, merchandising, and all other ancillary and subsidiary rights, copyrights and rights of copyright, in all languages, all without any restrictions, limitations or conditions of any kind, and that I shall, to the maximum extent allowed, expressly waive, in perpetuity, without limitation, any and all rights in law, equity or otherwise, which I may have or claim to have under any law relating to the "moral rights of authors- or any similar law or principle throughout the universe and that you may make such changes, deletions, additions, use or otherwise of the Material as you in your sole discretion may from time to time determine.
In my understanding they have no rights to use if we don't agree on the amount, and on the other side they force me not to ask for more than the WGA minimum? Pls give me an advice, shall I ask them directly about fixing the form, or there are just 2 options - sign or go f**k yourself?
Thanks in advance for your opinion!
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