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Film Festival
Rules & Regulations for Submission (excerpt)
14) It is the sole responsibility of the Applicant to secure
authorization and permission from the
copyright owner(s) of any and all copyrighted content or
materials included within the submitted Film.
The Institute expressly disavows any responsibility for, and will
not be held responsible for, any
unauthorized inclusion of any copyrighted content or materials
within or relating to the submitted Film,
including any content or materials that are or may become the
basis for any third party claims for
copyright infringement. The Institute reserves the right to
disqualify, without refund of any or all
submission fees previously collected from the Applicant, any
Film with any unauthorized inclusion of
copyrighted content or materials. In the event that any claim,
dispute, action or proceeding shall be
brought or asserted by any person or entity that alleges that the
Film makes unauthorized or unlawful
use of any copyrighted content or material, Applicant shall fully
indemnify and defend the Institute, the
Festival, and each of their representatives and affiliates from
any liability in connection therewith and
from any fees and expenses, including but not limited to
attorneys’ fees, that any of them may incur in
connection therewith.
15) It is the sole responsibility of the Applicant to secure
authorization and permission from the
owner(s) of any and all trademarked content or materials
included within the submitted Film. The
Institute expressly disavows any responsibility for, and will not
be held responsible for, any
unauthorized inclusion of any trademarked content or materials
within or relating to the submitted Film,
including any content or materials that are or may become the
basis for any third party claims for
trademark infringement, trademark dilution or unfair
competition. The Institute reserves the right to
disqualify, without refund of any or all submission fees
previously collected from the Applicant, any Film
with any unauthorized inclusion of trademarked content or
materials. In the event that any claim,
dispute, action or proceeding shall be brought or asserted by
any person or entity that alleges that the
Film makes unauthorized or unlawful use of any trademarked
content or material, Applicant shall fully
indemnify and defend the Institute, the Festival, and each of
their representatives and affiliates from
any liability in connection therewith and from any fees and
expenses, including but not limited to
attorneys’ fees, that any of them may incur in connection
therewith.
16) It is the sole responsibility of the Applicant to clear all
content of the Film from any and all actual or
potential legal claims and issues, including, without limitation,
claims based upon theories of libel,
defamation, invasion of privacy, violation of rights of publicity,
theft of trade secrets, breach of
confidence, breach of confidential relationship, and breach of
express or implied contract (“Third Party
Claim(s)”). The Institute expressly disavows any responsibility
for, and will not be held responsible for,
any unauthorized inclusion of any content or materials within or
relating to the submitted Film that are
or may be the basis for any Third Party Claims based upon any
of the foregoing legal theories or
others. The Institute reserves the right to disqualify, without
refund of any or all submission fees
previously collected from the Applicant, any Film that is or may
become the subject of any Third Party
Claims. In the event that any Third Party Claim(s) shall be
asserted by any person or entity, Applicant
shall fully indemnify and defend the Institute, the Festival, and
each of their representatives and
affiliates from any liability in connection therewith and from
any and all fees and expenses, including but
not limited to attorneys’ fees, that each of any of them may
incur in connection therewith.
Excerpts from the terms
& conditions of various
social media sites the
GirlZ use
Enter your responses
to questions 11-12 on
the Answer Key
SERVICES
AGREEMENT
2.
Delivery
of
Content
2.1
Content
Requirements
Once
you
have
registered
as
a
member
on
the
Site,
you
may
set
up
distinct
and
separately
saleable
video,
audio
and/or
written
works
(each,
a
"Title")
by
entering
required
information
regarding
such
Titles
on
the
Site,
in
connection
with
our
Title
Setup
requirements.
You
may
deliver
to
us
Content
for
Titles
at
any
time
during
the
term
of
this
Agreement.
"Content"
means
all
content
you
deliver
to
us
relative
to
a
Title,
including
your
Titles,
any
short
segments
of
content
(each,
a
"Promotional
Clip")
(if
any),
all
available
text
data
relevant
to
a
Title
(for
example,
as
applicable,
the
Title
name,
description,
artist
name,
track
name,
track
length,
images
and
trim
size
of
a
written
Title,
and
release
date)
("Metadata"),
artwork
and
images
for
each
Title
(together
with
the
Metadata,
the
"Descriptive
Materials"),
and
any
trademarks,
trade
names,
service
marks,
logos,
commercial
symbols
and
other
designations
contained
in
any
of
the
foregoing.
2.2
Content
Delivery
For
each
Title
you
set
up,
you
will
send
the
applicable
Content
and
Descriptive
Materials
at
your
own
expense
and
in
accordance
with
the
Submission
Requirements
(which
we
may
update
from
time
to
time),
via
electronic
upload
for
written
and
audio
Titles
and
in
hard
copy
physical
format
for
video
and
audio
Titles
(each
such
instance
of
Content,
a
"Source
Copy").
You
will
at
all
times
retain
legal
title
to
your
Source
Copies.
However,
we
will
not
return
to
you
any
of
the
hard
copy
physical
format
materials
you
provide
to
us.
3.
Services
3.1.
General
Once
you
are
registered
on
the
Site,
have
provided
us
all
the
required
information,
have
set
up
Titles
and
delivered
Content,
including
any
Metadata
and
Descriptive
Materials,
to
us,
and
have
paid
us
any
applicable
fees,
you
are
eligible
for
our
Services,
which
may
include
facilitating
the
distribution
of
your
Titles
(including
your
Content),
the
listing
of
your
Titles
on
the
CreateSpace
E-­‐Stores,
Amazon
Properties
and
other
sales
channels,
the
creation
of
Packaging
Materials
(for
CDs
and
DVDs),
the
printing
or
manufacture
of
Units
(as
defined
in
Section
4.2
below)
and
the
fulfillment
of
Unit
orders,
in
each
case
on
your
behalf.
6.
Licenses;
Ownership;
Feedback
6.1
Content
Subject
to
your
retained
control
and
ownership
of
your
Content
as
described
in
Section
6.4,
in
order
to
enable
us
to
provide
you
with
the
Services
on
your
behalf,
you
grant
to
us
a
nonexclusive
license,
during
the
term
of
this
Agreement,
to
(a)
create
digital
versions
of
Content
you
provide
in
nondigital
format;
(b)
create
a
digitized
version
of
the
Content
that
we
will
use
to
create
a
Unit
(each,
a
"Source
File");
(c)
with
respect
to
Books,
print,
distribute
and
sell
your
Book
through
the
CreateSpace
E-­‐stores,
the
Amazon
Properties
and
other
sales
channels,
(d)
reformat,
reproduce,
and
distribute
your
Content
through
the
CreateSpace
E-­‐Stores,
the
Amazon
Properties,
and
other
sales
channels
in
digital
form
on
physical
media,
(e)
reformat
for
online
delivery,
reproduce
and
distribute
your
Content
through
the
Amazon
Properties
in
digital
form
via
Amazon
Instant
Video
or
Amazon
MP3,
as
applicable,
subject
to
content
usage
rules
that
are
in
accordance
with
Section
6.2
below;
(f)
create
Promotional
Clips
from
your
video
and
audio
Content,
provided
that
we
will
only
create
Promotional
Clips
upon
your
request
for
Titles
not
distributed
through
Amazon
Instant
Video
or
Amazon
MP3;
(g)
distribute,
display,
transmit,
perform
and
use
the
Promotional
Clips
(if
any)
and
the
Descriptive
Materials
for
promotional
purposes;
and
(h)
create
Packaging
Materials
from
the
Descriptive
Materials.
We
may
broadly
integrate
the
Descriptive
Materials
into
the
Amazon
Properties,
and
they
may
appear
in
several
places
on
the
Amazon
Properties.
By
way
of
example
and
not
limitation,
the
Descriptive
Materials
may
appear
on
product
detail
pages,
in
search
results,
in
customer
browsing
and
buying
history,
and
in
routine,
automated
and
community-­‐driven
merchandising
features
such
as
recommendations
and
"Listmania."
Our
use
of
the
Descriptive
Materials
may
become
integral
to
the
Amazon
Properties
throughout
the
term
of
this
Agreement
and
will
continue
beyond
the
term
of
this
Agreement
even
though
we
will
no
longer
produce
or
sell
new
Units
after
the
term
of
this
Agreement.
Therefore,
notwithstanding
anything
to
the
contrary
herein,
for
Descriptive
Materials
and
Promotional
Clips,
the
license
you
grant
us
in
Section
6.1(g)
will
be
perpetual
and
royalty-­‐free.
For
preprinted
inventory
of
your
Units,
we
may
distribute
and
sell
your
Units
through
the
Amazon
Properties
and
other
channels
until
we
have
sold
all
Units
that
we
created
during
the
term
of
this
Agreement.
For
video
and
audio
Titles,
we
may
use
text
from
the
Content,
including
creating
or
using
closed
caption
text
or
transcripts,
as
the
basis
for
returning
search
results
to
visitors
to
the
Amazon
Site
and
to
display
excerpts
of
such
text
to
illustrate
the
relevance
of
the
search
result.
You
will
deliver
closed
captions
and
subtitles
in
accordance
with
our
Content
Guidelines
to
the
extent
available,
but
in
any
to
the
extent
required
by
applicable
law.
Amazon
may
create,
insert
and
distribute
closed
captions
and
subtitles
for
the
Content.
You
agree
that
we
and
our
affiliates
may
include
your
written
Titles
in
the
Search
Inside!™
program,
which
enables
visitors
to
view,
search,
and
"page
browse"
through
your
written
Titles.
Accordingly,
for
each
of
your
written
Titles
you
hereby
grant
us
permission,
on
a
nonexclusive,
perpetual
basis,
to
(x)
reproduce
and
store
the
entirety
of
each
Title
in
digital
form
on
one
or
more
computer
facilities
of
or
under
the
control
of
us
or
our
affiliates
or
our
independent
contractors;
(y)
extract
factual
information
from
your
written
Titles,
such
as
character
names,
statistically
improbable
phrases
and
capitalized
phrases,
and
display
such
information
to
visitors
to
any
Amazon
Property;
and
(z)
to
display
portions
of
each
Title
on
the
Amazon
Properties
so
that
a
user
will
be
able
to
(i)
use
queries
to
locate,
select
and
display
excerpts
that
include
the
search
terms
for
every
occurrence
of
the
search
terms;
and
(ii)
view
a
limited
number
of
pages
within
a
Title
during
any
single
session.
You
further
grant
us
permission
to
cause
such
transmission,
reproduction
and
other
use
of
the
Content
as
mere
technological
incidents
to
and
for
the
limited
purpose
of
technically
enabling
the
rights
licensed
to
us
under
this
Agreement
(including,
but
not
limited
to,
caching
to
enable
display
and
transfer
and
encoding
supplemental
copies
of
Titles
in
alternate
formats).
So
long
as
we
pay
you
the
applicable
Content
License
Royalty
upon
the
manufacture
of
your
Book,
we
may
print
a
reasonable
number
of
copies
of
any
Book
to
hold
in
our
inventory.
We
may
destroy
inventory
at
any
time
without
obligation
to
you.
You
grant
us
the
rights
set
forth
in
this
Section
6.1
on
a
worldwide
basis;
however,
if
we
make
available
to
you
a
procedure
for
indicating
that
you
do
not
have
worldwide
distribution
rights
to
a
Title,
then
the
territory
for
the
sale
of
that
Title
will
be
those
territories
for
which
you
indicate,
through
the
procedure
we
provide
to
you,
that
you
have
distribution
rights.
6.2
Digital
Content
Usage
Rules
We
or
our
affiliates
may
establish,
from
time
to
time,
in
our
or
its
sole
discretion,
content
usage
rules
governing
the
use,
by
Amazon
Instant
Video
Customers,
of
Units
sold
or
rented
via
Amazon
Instant
Video,
which
content
usage
rules
will
establish,
among
other
things,
the
number
of
devices
to
which
a
Customer
will
be
entitled
to
download
a
Unit
in
connection
with
a
single
purchase
of
a
Unit
and
the
time
period
within
which
a
Customer
may
view
Units
rented
from
Amazon
Instant
Video.
Such
rules
may,
without
limitation,
(a)
permit
Customers
to
download
multiple
copies
of
Units
for
simultaneous
use
on
multiple
devices;
and
(b)
permit
Customers
who
have
purchased
your
Units
during
the
term
of
this
Agreement
to
re-­‐
download
them
from
Amazon
Instant
Video,
from
time
to
time,
both
during
and
after
the
term
of
this
Agreement.
In
addition,
our
affiliate
may
establish,
from
time
to
time,
in
its
sole
discretion,
content
usage
rules
governing
the
use,
by
Amazon
MP3
Customers,
of
Units
sold
via
Amazon
MP3.
6.3
Virtual
Storage;
Digital
Rights
Management
Amazon
Instant
Video
Customers
may
be
permitted
to
"store"
Content
that
they
have
purchased
or
rented
via
Amazon
Instant
Video
("Virtual
Storage")
if
they
wish
to
do
so
in
lieu
of
keeping
copies
on
their
own
computers.
Customers
may
re-­‐
download
previously
purchased
Content
from
Virtual
Storage
from
time
to
time.
We
or
our
affiliate
may
elect,
in
our
or
its
sole
discretion,
to
either
utilize
or
not
utilize
third-­‐party
digital
rights
management
software
("DRM")
in
connection
with
the
distribution
of
your
Units
(for
sale
or
rental)
via
Amazon
Instant
Video.
In
the
event
any
DRM
is
used
in
connection
with
your
Units,
you
acknowledge
that
neither
we
nor
our
affiliate
has
the
ability
to
control
any
such
DRM,
makes
no
representations
as
to
the
efficacy
of
any
such
DRM,
and
cannot
and
will
not
be
responsible
for
any
failure
of
any
such
DRM,
including,
without
limitation,
any
failure
of
such
DRM
to
enforce
the
content
usage
rules
described
on
the
Products
pages.
You
will
not
utilize
DRM
in
any
Content
that
will
be
distributed
by
us
through
Amazon
MP3,
and
you
understand
that
our
affiliate
will
not
utilize
DRM
in
connection
with
any
distribution
of
your
Units
through
Amazon
MP3.
6.4
Ownership
Subject
to
the
licenses
set
forth
in
this
Section
6
and
the
following
sentence,
and
as
between
the
parties,
you
own
all
right,
title
and
interest
in
and
to
the
Content,
including
all
patent,
copyright,
trademark,
service
mark,
mask
work,
moral
right,
trade
secret
or
other
intellectual
property
or
proprietary
right
(collectively,
"Intellectual
Property
Rights")
therein.
Subject
to
your
underlying
rights
in
the
Content,
as
between
the
parties,
we
will
own
all
right,
title
and
interest
in
and
to
the
templates
and
other
materials
created,
provided
or
used
by
us
in
our
performance
under
this
Agreement
(including
Source
Files
and
Packaging
Materials),
including
all
Intellectual
Property
Rights
therein.
6.5
Cover
Images.
We
may
agree
to
provide
you
a
file
containing
an
image
of
the
cover
of
your
Title
(“Cover
Image”).
Contingent
upon
your
receipt
of
such
Cover
Image,
we
hereby
grant
you,
during
the
term
of
this
Agreement,
a
worldwide,
royalty-­‐free
right
to
use
the
Cover
Image
for
any
lawful
purpose
related
to
promoting
your
Title.
7.
Representations
and
Warranties
You
acknowledge
that
we
are
not
the
publisher
of
your
Titles
(including
your
Content).
You
represent
and
warrant
that
you
will
be
the
publisher
of
your
Titles
(including
your
Content)
and,
in
any
case,
that
you
will
bear
the
full
and
ultimate
responsibility
for
the
publication
and
general
distribution
of
your
Titles
(including
your
Content).
You
further
represent
and
warrant
that
(a)
you
will
comply
with
all
laws,
rules,
regulations
and
orders
of
any
governmental
authority
having
jurisdiction
over
your
performance
hereunder
as
applicable
in
each
country
(including
any
local
legal
requirements
with
respect
to
your
publication
of
your
Titles,
such
as
making
any
necessary
notifications
and
filings
of
copies
of
your
Titles);
(b)
you
have
all
requisite
right,
power
and
authority
to
enter
into
this
Agreement
and
perform
your
obligations
hereunder;
(c)
prior
to
your
delivery
of
Content
to
us
you
have
or
have
obtained
all
rights,
clearances
and
permissions
to
grant
the
licenses
you
grant
hereunder
that
are
necessary
for
us
to
exercise
the
rights
you
grant
under
this
Agreement
without
any
further
payment
obligation
by
us,
including
all
necessary
music
publishing
and
public
performance
rights
in
the
Content
and
the
Promotional
Clips;
(d)
you
are
granting
us
the
rights,
licenses
and
authorizations
you
grant
hereunder
free
and
clear
of
any
encumbrances,
and
this
Agreement
does
not
violate
or
conflict
with
any
other
arrangements,
understandings
or
agreements
between
you
and
any
third
party;
(e)
the
Content
(and
our
use
thereof)
is
not
defamatory,
libelous,
obscene,
or
otherwise
illegal,
does
not
invade
any
right
of
privacy,
and
does
not
infringe
upon
any
Intellectual
Property
Right
or
right
of
publicity
of
any
person
or
entity,
and
any
recipe,
formula,
or
instruction
contained
in
the
Content
is
accurate
and
is
not
injurious
to
the
user;
(f)
the
Content
complies
with
all
aspects
of
the
Content
Guidelines,
as
such
may
be
updated
from
time
to
time;
and
(g)
you
are
and
will
be
solely
responsible
for
accounting
and
paying
any
co-­‐owners
or
co-­‐administrators
of
any
Content
any
royalties
with
respect
to
the
uses
of
the
Content
permitted
hereunder
and
their
respective
shares,
if
any,
of
any
monies
payable
hereunder.
You
will
pay
(x)
all
royalties
and
other
income
due
to
copyright
owners,
record
royalty
participants
and
under
any
applicable
collective
bargaining
agreements
relating
to
the
Titles,
and
(y)
all
royalties
and
other
income
due
to
authors,
copyright
owners
or
administrators
and/or
other
royalty
participants
in
the
musical
compositions
embodied
in
the
Titles.
12.
Privacy
Please
read
the
www.createspace.com
privacy
notice
(the
"Privacy
Notice"),
which
is
incorporated
herein
by
reference.
The
Privacy
Notice
may
be
changed
by
us
in
the
future.
You
should
check
the
Privacy
Notice
frequently
for
changes.
Unless
otherwise
authorized
or
consented,
you
agree
not
to
use
any
information
regarding
other
participants
that
is
accessible
from
the
Site
or
the
Amazon
Site
or
disclosed
to
you
by
us
or
our
affiliates.
By
way
of
example
and
not
limitation,
you
agree
not
to
use
any
such
information
for
purposes
of
solicitation,
advertising,
unsolicited
e-­‐mail
or
spamming,
harassment,
invasion
of
privacy,
or
otherwise
objectionable
conduct.
We
and
our
affiliates
may
communicate
with
you
in
connection
with
your
listings,
sales,
and
the
Services,
electronically
and
in
other
media,
and
you
consent
to
such
communications
regardless
of
any
"Customer
Communication
Preferences"
(or
similar
preferences
or
requests)
you
may
have
indicated
on
the
Site
or
by
any
other
means.
14.
No
Grant
of
License
by
Us
For
the
avoidance
of
doubt,
we
do
not
hereby
grant
you
any
license
or
other
rights
to
any
intellectual
property
or
technology
owned
or
operated
by
us
or
any
of
our
affiliates,
including,
without
limitation,
any
trademarks
or
trade
names
(collectively,
the
"CreateSpace
IP").
Additionally,
you
may
not
in
any
way
use
any
CreateSpace
IP,
including
without
limitation
for
the
purpose
of
issuing
any
press
release
or
other
activity
that
may
be
considered
promotional
or
marketing
related.
PHOTO
AGREEMENT
1
Location:
____________
Date:
______________
I
_______________________
(name
of
photographer)
agree
to
the
following
in
favor
of
Eben
Productions,
LLC
("you")
with
respect
to
the
photographs
to
be
taken
by
me
of
the
cast
and
crew
(either
as
a
group
or
as
individuals)
associated
with
the
production
of
a
documentary
with
the
working
title
of
“Yeah
Nah
We’re
Moving
to
America”
along
with
any
third
parties
on
the
date
referenced
below
(the
"Photos"):
1.
I
have
the
limited
right
and
permission
to
use
the
Photos,
subject
to
your
approval
of
the
Photos,
solely
in
connection
with
one
(1)
article
about
the
film
contained
in
YOUNG
DIRECTORS
magazine.
The
Photos
may
be
used
only
in
an
article,
publication
or
other
medium
initially
disseminated
to
the
public
within
one
year
of
the
date
of
this
agreement.
I
shall
have
no
right
to
use
or
re-­‐use
the
Photos
in
whole
or
in
part,
in
any
medium
or
for
any
purpose
whatsoever,
including,
without
limitation,
promotion,
advertising,
and
trade,
without
your
written
consent.
2.
I
hereby
acknowledge
that
you
shall
own
all
rights
in
the
Photos,
including
the
copyrights
therein
and
thereto,
and
accordingly,
I
hereby
grant,
transfer,
convey
and
assign
to
you
all
right,
title
and
interest
throughout
the
universe
in
perpetuity,
including,
without
limitation,
the
copyright
(and
all
renewals
and
extensions
thereof),
in
and
to
the
Photos.
I
agree
that
you
shall
have
the
right
to
exploit
all
or
a
part
of
the
Photos
in
any
and
all
media,
now
known
or
hereafter
devised,
throughout
the
universe,
in
perpetuity,
in
all
configurations
as
you
determine,
without
obtaining
my
consent
and
without
any
payment
or
consideration
therefor.
I
understand
that
you
will
give
me
appropriate
"photo
credit"
where
possible.
I
understand
further
that
all
aspects
of
said
"photo
credit"
shall
be
determined
by
you
in
your
sole
discretion
and
that
failure
to
accord
said
"photo
credit"
shall
not
be
deemed
a
breach
of
any
obligation,
express
or
implied.
I
will,
upon
request,
execute,
acknowledge
and
deliver
to
you
such
additional
documents
as
you
may
deem
necessary
to
evidence
and
effectuate
your
rights
hereunder,
and
I
hereby
grant
to
you
the
right
as
attorney-­‐in-­‐fact
to
execute,
acknowledge,
deliver
and
record
in
the
U.S.
Copyright
Office
or
elsewhere
any
and
all
such
documents
if
I
shall
fail
to
execute
same
within
five
(5)
days
after
so
requested
by
you.
3.You
may
assign
your
rights
under
this
agreement
in
whole
or
in
part.
4.
I
hereby
waive
all
rights
of
droit
moral
or
"moral
right
of
authors"
or
any
similar
rights
or
principles
of
law
that
I
may
now
have
or
later
have
in
the
Photos.
I
warrant
and
represent
that
I
have
the
right
to
execute
this
Release
and
that
the
Photos
are
and
shall
be
new
and
original
with
me.
I
shall
indemnify
and
hold
you,
and
your
employees,
officers,
agents,
assignees
and
licensees,
harmless
from
and
against
any
losses,
costs,
liabilities,
claims,
damages
or
expenses
arising
out
of
any
claim
by
a
third
party
that
is
inconsistent
with
any
warranty
or
representation
made
by
me
in
this
Release.
5.
This
Release
contains
the
entire
understanding
of
the
parties
and
will
be
governed
by
the
laws
of
_______
applicable
to
contracts
entered
into
in
_______.
IN
WITNESS
WHEREOF,
I
have
signed
this
Release
effective
as
of
___________________,
20____.
By:
___________________________________________
Photographer
PHOTO
AGREEMENT
2
Location:
____________
Date:
______________
1. Single
Issue
License.
The
photographs,
digital
images,
or
other
recordings
to
be
made
of
the
cast
and
crew
of
a
documentary
with
the
working
title
of
“Yeah
Nah
We’re
Moving
to
America”
along
with
any
third
parties
(the
“Photographs”)
are
to
be
published
once
on
the
inside
of
the
MAY
issue
of
YOUNG
DIRECTORS
(the
“Publication”).
2. Producer
Approvals.
All
Photographs
that
Photographer
intends
to
use
must
first
be
submitted
to
Eben
Productions
(“Producer”)
for
approval.
The
print,
negative,
or
other
material
embodying
disapproved
Photographs
will
be
promptly
destroyed
by
the
Photographer.
This
license
will
automatically
expire
without
further
notice
if
the
article
containing
the
approved
Photographs
is
not
published
by
the
issue
date
above.
3. Alterations.
At
no
time
may
Producer
photographic
image
be
altered
by
Publication.
Any
proposed
post-­‐production
work
to
occur
on
any
and
all
photographic
images
of
Artist
must
be
set
forth
in
writing
by
Publication
prior
thereto
and
pre
approved
by
Producer.
Producer
must
have
approval
on
any
and
all
photographs
that
have
been
altered
in
any
way,
even
if
agreed
to
prior
to
photo
session,
before
photos
may
be
used
in
publication,
and
reserve
the
right
to
ask
for
approval
of
prints
anytime
thereafter
before
permission
is
given
to
use
photos
again.
4. Additional
Licenses.
Photographer
will
not
make
any
further
license
or
use
of
the
Photographs
for
any
retrospective
or
additional
use
by
the
Publication,
advertising,
promotional,
publicity,
commercial
tie-­‐in,
merchandising,
or
other
use
and
may
not
assign,
auction,
transfer,
give
away
or
otherwise
dispose
of
the
Photographs
without
first
obtaining
the
written
consent
of
Producer
in
each
instance.
5. Portfolio
Use.
Photographer
may
use
approved
Photographs
for
non-­‐commercial,
non-­‐publication
purposes
to
promote
Photographer’s
work
to
persons
other
than
the
general
public,
including
promotional
cards
and
portfolios,
provided
the
Photographs
are
not
displayed
or
transferred
over
the
Internet.
Gallery
exhibits
are
subject
to
Producer’s
(or
Producer’s
representatives)
prior
written
approval
in
each
instance.
6. Copyright.
Photographer
will
retain
copyright
in
the
Photographs,
subject
to
the
restrictions
and
Producer’s
approval
rights
in
this
Agreement.
Photographer
agrees
that
no
publication,
distribution,
reproduction,
recording,
display,
or
other
right
under
copyright
will
be
exploited
by
Photographer
other
than
in
strict
conformity
with
this
Agreement.
At
Producer’s
request,
Photographer
will
assign
its
enforcement
rights
to
Producer
so
that
Producer
may
enjoin
or
otherwise
remedy
a
third
parties’
violation
of
the
terms,
conditions,
and
restrictions
of
this
Agreement.
7. Third
Party
Clearances.
Photographer
will
be
solely
responsible
for
any
and
all
other
individual
authorizations,
releases,
consents,
clearances,
licenses,
and
payments
as
may
be
necessary
with
respect
to
the
use
of
the
Photographs.
8. Reserved
Rights.
Any
use
of
the
Photographs
not
expressly
licensed
to
Photographer
hereunder
is
reserved
by
Producer,
and
Photographer
acknowledges
and
agrees
that
Producer
reserves
all
right,
title
and
interest
in
Producer’s
name,
voice,
likeness,
merchandising,
commercial
tie-­‐in,
publicity
rights,
privacy
rights,
trademark
rights,
and
other
rights
under
applicable
law.
9. Confidentiality.
Photographer
acknowledges
that
the
privacy
of
Producer
is
highly
valued
and
that
all
efforts
are
made
to
maintain
confidentiality.
Accordingly,
Photographer
agrees
not
to
disclose
any
confidential,
personal,
or
private
information
about
Producer,
the
cast
and
crew
and
any
of
their
families
or
personal
relationships
at
any
time,
or
to
write
or
assist
in
the
writing
or
preparation
of
articles,
news
stories,
books,
or
other
productions
or
materials
of
any
nature
whatsoever
about
or
referring
to
Producer
or
the
cast
or
crew.
10. Indemnity.
Photographer
shall
indemnify
and
hold
harmless
Producer
from
any
and
all
damages,
costs,
and
expenses
(including
legal
fees)
arising
out
of
or
in
connection
with
any
unauthorized
use
of
the
Photographs
by
Photographer,
or
any
party
acting
under
the
authority
of
Photographer,
or
any
breach
of
Photographer's
warranties,
representations,
or
obligations
hereunder.
11. Law.
This
Agreement
shall
be
governed
by
and
interpreted
under
the
laws
of
_______
applicable
to
agreements
made
and
to
be
fully
performed
therein,
and
where
applicable,
under
U.S.
Copyright
Law.
Photographer
consents
to
the
exclusive
jurisdiction
of
the
applicable
state
or
Federal
court
located
in
_______
County,
_______.
Photographer
acknowledges
and
agree
that
the
damages
caused
Producer
from
a
violation
of
this
Agreement
are
irreparable,
and
that
Producer
may
seek
appropriate
equitable
or
injunctive
relief
to
prevent
or
remedy
a
violation
of
the
terms
hereof,
in
addition
to
damages.
In
any
controversy
respecting
this
Agreement,
the
prevailing
party
will
recover
its
attorneys’
fees
and
costs.
The
license
hereunder
shall
not
become
effective
and
Photographer
may
not
use
the
Photographs
unless
and
until
Producer
receives
a
signed
copy
of
this
Agreement
signed
by
Photographer.
Rev.
8/1/13
CREW DEAL MEMO
Salaried On-Call
Exempt Employees
PRODUCTION COMPANY: Eben Productions, LLC
MOTION PICTURE: “Yeah Nah We’re Moving to America”
START DATE:_____________________
POSITION:_____________________
EMPLOYEE NAME:_____________________
ADDRESS:_____________________
PHONE: Home:_____________________
Work:_____________________
SOCIAL SECURITY NUMBER:_____________________
FED I.D. NUMBER:_____________________
***********************
(items below to be completed by production company only)
WEEKLY RATE:
$______________________________________
RENTALS:
____________________________________________
EMPLOYEE BOX AND EQUIPMENT IS SOLE
RESPONSIBILITY OF EMPLOYEE. PRODUCTION
COMPANY
ASSUMES NO RESPONSIBILITY FOR SAME.
OTHER TERMS:
SALARIED/ON CALL
EXEMPT EMPLOYEES
TERMS AND CONDITIONS OF EMPLOYMENT
1. PAYMENT OF WAGES: Wages shall be paid to all
employees no later than Friday following the week in which
services
were performed. Pay date may be delayed by reason of an
intervening federal or state holiday. Employment is for a 6-day
work week.
2. EXEMPT EMPLOYEES: Exempt employees shall not be
beneficiary of additional overtime, turnaround or other hourly
payments except as expressly provided in this deal memo.
3. NIGHTS, WEEKENDS, HOLIDAYS, WORK TIME: Unless
expressly provided elsewhere in this deal memo, no
increased or additional compensation shall accrue or be payable
to employee for the rendering of services at night or on
weekends or holidays, or after the expiration of any particular
number of hours of service in any period.
4. MEALS: The Production Company will provide meal breaks
and/or food service at approximately six (6) hour intervals.
5. IMMIGRATION REFORM AND CONTROL ACT OF 1986
(IRCA): Employment (or the engagement of services)
hereunder is subject to employee providing the requisite
documents required by IRCA and completing and signing the
required Form I-9 pursuant to IRCA Section 274a.2. Employee
shall comply with the immigration verification employment
eligibility provisions required by law.
6. CAR INSURANCE: Employee is responsible for liability and
collision insurance and deductibles on her/his personal
vehicle used in conjunction with their employment.
7. ALCOHOL/DRUGS: Use of alcohol or drugs during hours of
employment will result in employee's
immediate termination.
8. PURCHASES: Employee will be held personally responsible
for purchases, rentals and expenses not approved in advance
by production.
9. EXCLUSIVITY: Employee's services are on an exclusive
basis to the production of the motion picture (the "Picture")
referred to in this deal memo for such period of time as required
unless otherwise specified in this deal memo.
Rev.
8/1/13
10. CREDIT: Unless otherwise specified in this deal memo,
screen credit is at Production Company's discretion subject to
employee's performing all services required through completion
of term.
11. TERM: Unless expressly provided elsewhere in this
agreement, employee's employment hereunder shall not be for a
"run
of the show" or for any guaranteed period of employment.
Production reserves the right to discharge employee at any time,
subject only to the obligation to pay the balance of any
guaranteed compensation due. Production Company will attempt
to
notify employees a minimum of twenty-four (24) hours in
advance of layoff. This agreement is subject to immediate
suspension and/or termination (at Production's election) without
further obligation on the part of Production in the event of
any incapacity or default of employee or in the case of any
suspension, postponement or interference with the production
by
reason of labor controversy, strike, earthquake, act of God,
governmental action, regulation, or decree or for any other
customary force majeure reason.
12. NO WAIVER: The terms and conditions of this deal memo
are binding on Production Company and employee and shall
not be waived or altered by any method. Any added conditions
on the front of this deal memo inconsistent with these
conditions of employment shall be null and void.
13. WORK-FOR-HIRE: Production Company shall be the owner
of all of the results and proceeds of employee's services,
including any copyright, trademark and any other intellectual
property rights in any work or property created by Employee,
or anyone under Employee's direction. Employee acknowledges
that Employee's work is a "work made for hire" within the
scope of Employee's employment, and therefore Employer shall
be the author and copyright owner of any work created under
this agreement. In the event that any of proceeds of Employee's
work are not considered a work for hire, then Employee's
copyright to such work is hereby assigned to Employer.
Without in any way limiting the generality of the foregoing, the
rights herein granted to Production Company shall include all
motion picture, television, radio, dramatic, publication,
merchandising, and all other rights in and to the Work and the
Film,
including the sole and exclusive right to photograph, perform,
exhibit, not exhibit, distribute, reproduce, transmit, broadcast
or otherwise communicate the same. Company shall have
unlimited re-release, foreign release, theatrical exhibition,
supplemental market and all other rights to the Work and the
Film. Company, and Company’s licensees and assigns shall
have the right to adapt, change, revise, delete from, add to, and
rearrange the Work or any part thereof submitted by
Employee hereunder, and to combine the same with other
materials in the Film or any other related work, or otherwise, to
any extent, and in this connection Employee hereby waives any
so-called “moral rights.”
14. PUBLICITY: Employee shall not directly or indirectly
circulate, publish or otherwise disseminate any news story,
article,
book or other publicity concerning the Picture, or employee's or
others' services without Production Company's prior written
consent, provided that employee may issue personal publicity
mentioning the Picture so long as such references are not
derogatory. Employee has permission to show a videotape of
Picture in connection with seeking future employment.
Employer shall have the right to use employee's name, voice,
picture and likeness in connection with the Picture, the
advertising and publicizing thereof, and any promotional films
or clips respecting the Picture without additional
compensation therefore.
15. ARBITRATION: This Agreement shall be interpreted in
accordance with the laws of the State of Florida. applicable to
agreements executed and to be wholly performed therein. Any
controversy or claim arising out of or in relation to this
Agreement or the validity, construction or performance of this
Agreement, or the breach thereof, shall be resolved by
arbitration in accordance with the rules and procedures of
AFMA, as said rules may be amended from time to time with
rights of discovery if requested by the arbitrator. Such rules and
procedures are incorporated and made a part of this
Agreement by reference. If AFMA shall refuse to accept
jurisdiction of such dispute, then the parties agree to arbitrate
such
matter before and in accordance with the rules of the American
Arbitration Association under its jurisdiction in
____________________ County, Florida before a single
arbitrator familiar with entertainment law. The parties shall
have the
right to engage in pre-hearing discovery in connection with such
arbitration proceedings. The parties agree hereto that they
will abide by and perform any award rendered in any arbitration
conducted pursuant hereto, that any court having jurisdiction
thereof may issue a judgment based upon such award and that
the prevailing party in such arbitration and/or confirmation
proceeding shall be entitled to recover its reasonable attorneys'
fees and expenses. The arbitration will be held in
____________________ County, Florida and any award shall
be final, binding and non-appealable. The Parties agree to
accept service of process in accordance with the AFMA Rules.
EMPLOYEE ACCEPTS ALL CONDITIONS OF
EMPLOYMENT AS DESCRIBED ABOVE.
AGREED TO AND ACCEPTED:
FILM SYNCHRONIZATION AGREEMENT
THIS AGREEMENT, dated the __th day of ________, 20__,
between Mia Escary (hereinafter referred to as
"Composer" and Eben Productions, LLC (hereinafter referred to
as "Producer").
WHEREAS the Composer has hereto written and composed
certain musical compositions, lyrics and
arrangements, including arrangements of public domain material
(all herein called (Music) as independent
contractor of Eben Productions, LLC, a Florida company, in
connection with the motion picture now entitled:
“Yeah Nah We’re Moving to America.”
In consideration of the premises, it is agreed as follows:
1. Composer hereby licenses to Employer and its assigns, as
their interest may appear, on a non-exclusive basis,
the following rights including, without limitation, the complete,
unencumbered, exclusive and perpetual right
throughout the world to exhibit, record, reproduce, broadcast,
televise, transmit, publish, copy, print, reprint, vend,
sell, distribute, perform and use for any purpose, in connection
with the motion picture as defined herein, whether
or not now known, invented, used or contemplated, and whether
separately or in synchronism or timed relation
with the Picture or trailers, clips or portions thereof, or any
other motion picture or otherwise, all or any part of the
matters and things referred to in this paragraph and to refrain
from all or any part thereof. Employer or its assigns
may add lyrics from all or any part thereof. Employer or its
assigns may add lyrics in any language, and otherwise
add to, subtract from, arrange, rearrange, revise and adapt all
such material and the Picture in any manner, and
Composer hereby waives the "moral rights" of authors, as said
term is commonly understood throughout the
world. Said license of rights is conditioned upon and subject to
the following:
(a) Motion pictures containing the Music may be exhibited by
any licensed or authorized exhibitor. No such
license shall be required in any of the situations referred to
above with respect to which Employer reserves the
right to perform the Music.
(b) Under no circumstances shall the Composer, and of her
successors in interest, or anyone acting in her behalf,
have the right to take any proceedings that would have the
effect of enjoining and/or preventing and/or otherwise
interfering with the public exhibition and performance
anywhere in the world and by any means or method now or
hereafter known of motion pictures with the Music included
therein, nor shall Employer or any distributor of such
motions picture be liable to Composer for any action that the
association or anybody may or may not take in
administering the remaining performing rights or for any
payments that the licensing organization (A.S.C.A.P.,
B.M.I. etc..) may or may not make to the Composer.
(c) Neither Employer or any distributor of any motion picture
shall be liable to the Composer, or her successors in
interest, or to the licensing body or its affiliates, for any
payment of any sums by reason of performances of the
Music as contained in the motion pictures, with the exception of
payment of the statutory mechanical rate at the
time of execution of this Agreement paid by Employer to
Composer or her music publisher for the sale to the
public of the Music on sound tracks released as phonorecords,
video tapes, compact discs, cassette tapes or any
and all methods now known or that may come into being.
(d) Composer and her heirs, executors, administrators or other
personal representatives, agents, successors or
assigns shall have no independent right to license performances
of the Music as included in motion pictures or to
otherwise interfere in any way with the distribution and
exhibition of motion pictures containing the Music.
(e) For the purpose of protecting motion pictures in which any
music is used or to be used, Employer or its
assigns shall always have the right to impose restrictions upon
the performance of such Music apart from motion
pictures.
2. As used herein, the following terms shall unless the context
clearly provides to the contrary, have the following
meanings:
"Motion picture" or its equivalent means and includes, but is
not limited to motion pictures cinemagraphic films
and photoplays of every kind and nature whatsoever (including
films for television, video tapes, and films
produces electronically), including the sound track thereof, as
well as trailer, clips and portions thereof, and copies
of any of the foregoing, produced by any means now known or
hereafter known, invented, used or contemplated
by which photographs, pictures, images or other visual or
audiovisual reproductions or representations are or may
be printed, imprinted, recorded or otherwise preserved on
material of any description (whether translucent or not)
for later projection or exhibition in such manner that the same
are or appear to be in motion on a screen, mirror,
monitor, tape or any other medium or device whether or not
accompanied by sound track.
"Sound Track" means and includes sound recordings and
reproduction of every kind and nature whatsoever
produced by means of electrical, electronic, mechanical, or
other processes or devices now known or hereafter
known, invented, used or contemplated by which sound may be
recorded for later transmission or playback in
synchronization or timed relation with motion pictures or
separately on phonograph records, or otherwise.
"Copies", with reference to a motion picture or sound track,
means and includes any negative or positive print,
dupe, negative, video or other electronic tape recording, disc or
other physical article of any kind produced by
means of any process or device now or hereafter known or
contemplated. on which such motion picture or sound
track, or any part thereof, is printed, imprinted, recorded,
reproduced or duplicated.
"Exhibitor" means any person, firm, or corporation who holds a
valid and subsisting license from the copyright
proprietor of the motion picture involved (either directly or
indirectly through distributor, subdistributor or other
licensee of such copyright proprietor) to exhibit and perform
such motion picture (including the Music), publicly,
whether theatrically, on free pay or subscription cable
television, cable, satellite, airlines, armed services or other,
by any means or media whatsoever.
IN WITNESS WHEREOF, the parties hereto have executed and
delivered this Agreement as of the date first
above
By ___________________________
EMPLOYER
By ___________________________
COMPOSER
LOCATION AGREEMENT
Agreement
entered
into
this
____________________,
by
and
between
Eben
Productions
LLC
("Production
Company")
and
____________________
("Grantor").
1.
IDENTITY
OF
FILMING
LOCATION:
Grantor
hereby
agrees
to
permit
Production
Company
to
use
the
property
located
at
____________________
("Property")
in
connection
with
the
motion
picture
currently
entitled
____________________
("Picture")
for
rehearsing,
photographing,
filming
and
recording
scenes
and
sounds
for
the
Picture.
Production
Company
and
its
licensees,
sponsors,
assigns
and
successors
may
exhibit,
advertise
and
promote
the
Picture
or
any
portion
thereof,
whether
or
not
such
uses
contain
audio
and/or
visual
reproductions
of
the
Property
and
whether
or
not
the
Property
is
identified,
in
any
and
all
media
which
currently
exist
or
which
may
exist
in
the
future
in
all
countries
of
the
world
and
in
perpetuity.
2.
RIGHT
OF
ACCESS:
Production
Company
shall
have
the
right
to
bring
personnel
and
equipment
(including
props
and
temporary
sets)
onto
the
Property
and
to
remove
same
after
completion
of
its
use
of
the
Property
hereunder.
Production
Company
shall
have
the
right
but
not
the
obligation
to
photograph,
film
and
use
in
the
Picture
the
actual
name,
if
any,
connected
with
the
Property
or
to
use
any
other
name
for
the
Property.
If
Production
Company
depicts
the
interior(s)
of
any
structures
located
on
the
Property,
Grantor
agrees
that
Production
Company
shall
not
be
required
to
depict
such
interior(s)
in
any
particular
manner
in
the
Picture.
3.
TIME
OF
ACCESS:
The
permission
granted
hereunder
shall
be
for
the
period
commencing
on
or
about
____________________
and
continuing
until
____________________.
The
period
may
be
extended
by
Production
Company
if
there
are
changes
in
the
production
schedule
or
delays
due
to
weather
conditions.
The
within
permission
shall
also
apply
to
future
retakes
and/or
added
scenes.
4.
PAYMENT:
For
each
day
the
Production
Company
uses
the
location,
it
shall
pay
Grantor
the
sum
of
$
____________________
in
consideration
for
the
foregoing.
5.
ALTERATIONS
TO
LOCATION:
Production
Company
agrees
that
(with
Grantor's
permission)
if
it
becomes
necessary
to
change,
alter
or
rearrange
any
equipment
on
the
Property
belonging
to
Grantor,
Production
Company
shall
return
and
restore
said
equipment
to
its
original
place
and
condition,
or
repair
it,
if
necessary.
Production
Company
agrees
to
indemnify
and
hold
harmless
Grantor
from
and
against
any
and
all
liabilities,
damages
and
claims
of
third
parties
arising
from
Production
Company's
use
hereunder
of
the
Property
(unless
such
liabilities,
damages
or
claims
arise
from
breach
of
Grantor's
warranty
as
set
forth
in
the
immediately
following
sentence)
(and
from
any
physical
damage
to
the
Property
proximately
caused
by
Production
Company,
or
any
of
its
representatives,
employees,
or
agents).
Grantor
warrants
that
it
has
the
right
and
authority
to
enter
this
Agreement
and
to
grant
the
rights
granted
by
it
herein.
Grantor
agrees
to
indemnify
and
hold
harmless
Production
Company
from
and
against
any
and
all
claims
relating
to
breach
of
its
aforesaid
warranty.
6.
NO
KICKBACKS
FOR
USE:
Grantor
affirms
that
neither
it
nor
anyone
acting
for
it
gave
or
agreed
to
give
anything
of
value
to
any
member
of
the
production
staff,
anyone
associated
with
the
Picture,
or
any
representative
of
Production
Company,
or
any
television
station
or
network
for
mentioning
or
displaying
the
name
of
Grantor
as
a
shooting
location
on
the
Property,
except
the
use
of
the
Property,
which
was
furnished
for
use
solely
on
or
in
connection
with
the
Picture.
7.
BILLING
CREDIT:
Grantor
acknowledges
that
any
identification
of
the
Property
which
Production
Company
may
furnish
shall
be
at
Production
Company's
sole
discretion
and
in
no
event
shall
said
identification
be
beyond
that
which
is
reasonably
related
to
the
content
of
the
Picture.
8.
RELEASE:
Grantor
releases
and
discharges
Production
Company,
its
employees,
agents,
licensees,
successors
and
assigns
from
any
and
all
claims,
demands
or
causes
of
actions
that
Grantor
may
now
have
or
may
from
now
on
have
for
libel,
defamation,
invasion
of
privacy
or
right
of
publicity,
infringement
of
copyright
or
violation
of
any
other
right
arising
out
of
or
relating
to
any
utilization
of
the
rights
granted
herein.
The
undersigned
represents
that
he/she
is
empowered
to
execute
this
Agreement
for
Grantor.
IN
WITNESS
WHEREOF,
the
parties
have
hereunto
set
their
names
and
signatures:
PRODUCTION
COMPANY:
GRANTOR:
____________________________
____________________________
Title:
President
&
CEO
Film Festival Rules & Regulations for Submission (excerpt) .docx

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