(“Talent”) agrees to the following with respect to Talent’s participation in one or more audiovisual works created in connection with PNE Media Projects (the “Project”). In consideration for the opportunity for Talent to participate in the Project, Talent hereby agrees as follows:
Talent hereby grants to PNE and its Producing Partners (“Producer”) the right to photograph and record Talent’s image and voice, and to use such photographs, recordings, and other reproductions of any kind or nature, of Talent’s name, likeness, and biography for publicity, commercial, or other purposes for use in conjunction with the Project and any media now known or hereafter developed, throughout the universe, in perpetuity. The rights granted by Talent herein may be used either in a factual manner or with such fictionalization, portrayal, impersonation, simulation, imitation, or other modification as Producer may determine. Producer will, however, ensure Talent has the opportunity to review and provide feedback on any project in which the Talent’s name, likeness or image appears.
Talent hereby acknowledges that all of the results and proceeds of Talent’s services produced for the Project hereunder shall constitute a “work-made-for-hire” specially commissioned by Producer and Producer shall own all such results and proceeds. Producer shall have the right to use Talent’s name and likeness with respect to distribution and exploitation of the Project. Producer may make such use of the Project, as Producer, in its sole discretion, shall deem appropriate. If Talent’s services are not recognized as a work-made-for-hire pursuant to 17 U.S.C. 101 et seq.
Talent hereby irrevocably grants, sells, and assigns to Producer, its successors and assigns, all of Talent’s rights, title, and interest of any kind and nature, in and to the Project, including, without limitation, all copyrights in connection therewith and all tangible and intangible properties with respect to the Project, in perpetuity, whether in existence now or as may come into existence in the future. Talent represents and warrants that Talent’s contributions to the Project (if any) shall be original to Talent or in the public domain throughout the world and shall not infringe the rights (of any kind or nature) of any third party.
Talent and Producer agree to jointly creating a financial formula whereby the selling of Talent’s rights, title and interests is accounted for if the Project becomes profitable. Talent compensation may include, but is not limited to, a fair barter, an appearance fee, a licensing fee, and equity in a Project.
Talent hereby waives the exercise of any “moral rights,” also known as “droit moral,” and any analogous rights however denominated now or hereafter recognized. All rights granted and agreed to be granted to Producer hereunder are irrevocable and shall vest and remain perpetually vested in Producer, its successors and assigns, whether this Agreement expires in normal course or is sooner terminated and shall not be subject to rescission by Talent for any cause whatsoever. Talent warrants and attests that Talent is legally able and authorized to enter into this Agreement.
Talent warrants that Talent is not a party to any agreement, which would prevent Talent from participating in the Project or limit the rights granted to Producer hereunder. Talent shall not have any right to terminate or rescind this agreement or any of the rights granted to Producer hereunder or to enjoin or restrain the development, production, advertising, promotion, distribution, exhibition or exploitation of the Project and/or any of Producer’s rights granted hereunder.