Как снять фильм - страница 11




2.      RIGHT TO MAKE CHANGES: Owner agrees that Purchaser shall have the unlimited right to vary, change, alter, modify, add to and/or delete from the Property, and to rearrange and/or transpose the Property and change the sequence thereof and the characters and descriptions of the characters contained in the Property, and to use a portion or portions of the Property or the characters, plots, or theme thereof in conjunction with any other literary, dramatic or other material of any kind. Notwithstanding the foregoing, if Owner shall be ready, willing and able to perform at the times reasonably requested by Purchaser, Owner shall be entitled to perform and have the right to be the first one to do rewrites and polishes of the Property. Owner hereby waives the benefits of any provision of law known as the "droit moral" or any similar law in any country of the world, except for “droit moral” laws pertaining to French network, cable, and syndicated television, and agrees not to permit or prosecute any action or lawsuit on the ground that any Picture or other version of the Property produced or exhibited by Purchaser, its assignees or licensees, in any way constitutes an infringement of any of the Owner's droit moral or is in any way a defamation or mutilation of the Property or any part thereof or contains unauthorized variations, alterations, modifications, changes or translations.

3.      DURATION AND EXTENT OF RIGHTS GRANTED: Purchaser shall enjoy, solely and exclusively, all the rights, privileges and property granted hereunder throughout the universe, in perpetuity, as long as any rights in the Property are recognized in law or equity, except insofar as such period of perpetuity may be shortened due to any now existing or future copyright by Owner of the Property , in which case Purchaser shall enjoy its sole and exclusive rights, privileges and property hereunder to the fullest extent permissible under and for the full duration of such copyright or copyrights, whether common law or statutory, and any and all renewals and/or extensions thereof, and shall thereafter enjoy all such rights, privileges and property non-exclusively in perpetuity throughout the universe. The rights granted herein are in addition to and shall not be construed in derogation of any rights which Purchaser may have as a member of the public. Upon payment of the purchase price set forth in paragraph 4 below, all rights, privileges and property granted herein to Purchaser are irrevocable and not subject to termination, rescission, restraint or injunction under any circumstances, Owner's sole remedy for any breach hereof being a suit at law for damages If a motion picture based upon the Property shall not have commenced principal photography within one and a half years from date hereof, then all rights hereunder shall revert to Owner subject to a first position security interest in Purchaser for an amount equal to all monies paid to Owner with respect to said purchase price and all monies paid to Owner on account of writing services (whether performed hereunder or pursuant to the option agreement to which this agreement is attached as Exhibit A), such amount being payable and paid to Purchaser not later than the first day of principal photography of any motion picture or other production based upon the Property.