CONTRIBUTOR'S AGREEMENT
"(INSERT PRODUCTION NAME)"
STANDARD TERMS OF ENGAGEMENT
1 Composition of Agreement
1.1. This Agreement shall comprise the Deal Terms and the Standard Terms of Engagement. If there is a conflict between the Deal Terms and the Standard Terms of Engagement, the Deal Terms shall prevail.
1.2. This agreement may be executed in any number of counterparts and all of such counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed counterpart of this agreement of intent by facsimile, including, without limitation, by facsimile transmission or by electronic delivery in portable document format (“.pdf”) or joint photographic experts group (“jpeg”) or tagged image file format (“.tiff”), shall be equally effective as delivery of a manually executed counterpart thereof. Any party delivering an executed counterpart of this agreement by facsimile, pdf, jpeg or tiff shall also deliver a manually executed counterpart thereof, but failure to do so shall not affect the validity, enforceability or binding effect of this agreement. The parties hereto acknowledge and agree that in any legal proceedings between them respecting or in any way relating to this agreement, each waives the right to raise any defence based on its execution hereof in counterparts or the delivery of such executed counterparts by facsimile or electronic delivery, as applicable.
2 General
2.1. In consideration of the payment by the Company to the Contributor of the sum of one pound (£1), receipt of which is acknowledged, the Contributor with full title guarantee, irrevocably assigns to the Company, by way of an exclusive assignment of present and future copyright, the entire copyright and all other rights, title and interest of whatsoever nature, whether vested or contingent in and to all of the products of the Contributor's services in respect of this Agreement, the Programme and all allied and ancillary rights in the Programme, to hold the same unto the Company absolutely, throughout the world in all languages for the full period of copyright and all renewals, revivals, reversions and extensions and thereafter in perpetuity to the extent permitted by law whether the right to such renewals, revivals, reversions or extensions now exists or is hereafter created by the laws in force in any part of the world. This assignment shall be without reservation or condition and so that no right of any kind, nature or description is reserved by the Contributor. The Contributor irrevocably and unconditionally waives in perpetuity all moral rights that the Contributor may have in and to all the products of the Contributor's services in respect of this Agreement and the Programme and all allied and ancillary rights in the Programme, whether arising under Sections 77 to 85 (inclusive) of the Copyright Designs and Patents Act 1988, as amended ("the Act") or otherwise. For the purpose of the copyright law of the United States of America and any jurisdiction which does not recognise an assignment of future copyright, if there is a resort or subjection to such jurisdiction in relation to this Agreement, the products of the Contributor's services are and will be deemed to be written as a "work made for hire" and the Company shall be deemed the author. The rights granted include all rights of communication to the public by satellite, cable retransmission rights, all rental and lending rights and all so-called performer’s rights, whether now known or hereafter existing, in any country of the world in and to the products of the Contributor's services in respect of this Agreement and the Programme and all allied and ancillary rights in the Film and any part or version or adaptation of the Programme. Further, the consideration payable under this Agreement includes a payment in respect of the performer’s rights and the rental and lending rights which represents adequate and equitable compensation for the assignment of the performer’s rights and the rental and lending rights.
3 Buy Out
3.1. The Fee is a complete buy out of all rights and the Contributor shall not be entitled to any further sums whatsoever by reason of the exploitation of the Programme or any allied and ancillary rights in the Programme.
4 Miscellaneous
4.1. In the event of any breach of this Agreement by the Company, the Contributor remedy shall be an action at law for damages, if any actually suffered, and the Contributor shall not have the right to rescind this Agreement or terminate the rights granted in this Agreement or to enjoin or injunct the Programme or the exploitation of the Programme or any allied and ancillary rights in the Programme.
4.2. The Company shall be entitled to assign this Agreement to any third party.
4.3. This Agreement may be validly executed in any number of counterparts.
4.4. The laws of England shall govern this Agreement and the English courts shall have non exclusive jurisdiction.
END