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 b.
Film Festival Rules & Regulations for Submission (excerpt) .docx
1. 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
2. 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
3. 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
116. 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
117. 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.
118. 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
119. 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
120. 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
121. 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
122. 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
123. 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
124. 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
125. 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