Common use of Motion Picture Soundtrack Album Mechanical Rights Clause in Contracts

Motion Picture Soundtrack Album Mechanical Rights. Owner hereby grants to Production Company and its designees the nonexclusive right throughout the universe and in perpetuity, to include one or more of the Compositions in any album intended to constitute the MUSICAL OPTION & PURCH. AGREEMENT – OPENING NIGHT ENTERPRISES, LLC/THE KING’S CRITIQUE 12 soundtrack album for any Motion Picture and to be distributed by or on behalf of Production Company its heirs, licensees and/or assigns (the “Motion Picture Album”), and to exploit any such Composition(s), in whole or in part, for all purposes contemplated herein. In full consideration of Owner’s granting of such rights in respect of the Composition(s), in respect of net sales through normal distribution channels of full-priced, top-line records embodying any such Composition(s) in the United States and Canada, Production Company shall pay or cause to be paid a “mechanical” royalty to Owner at Seventy Five Percent (75%) of the minimum statutory rate (without regard to playing time) or the equivalent in effect at the time of the initial sale of any such Motion Picture Album (in any qualifying form or format) embodying said Composition(s) hereunder in the United States or Canada, and at such rates generally applicable to record distributors in the particular country in question outside of the United States and Canada, otherwise calculated, reduced, prorated, adjusted, paid and accounted for pursuant to and in accordance with Production Company’s or its designee’s then-customary practices and procedures. Without limiting the generality of the foregoing, Owner hereby grants to Production Company and its designees the irrevocable right, in perpetuity and throughout the universe, to print and reproduce, at Production Company’s or its designee’s election, the title and lyrics to any such Composition(s) on any component of the packaging of records hereunder without payment to Owner, any other writer or composer of the Compositions, or any other party in connection therewith. 5.3. Uses in Other Series: With respect to any television or new media series contemplated in Section 4.3.4. through 4.3.9. above (each an “Other Series”), in exchange for the corresponding Purchase Price and other sums described in Sections 4.3.4. through 4.3.9. (as applicable) along with any other applicable sums stipulated below, if any, Owner hereby grants to Production Company, its successors and assigns, those rights further described in Sections 5.3.1 through 5.3.4 and 5.7 below with respect to exploitation of the Composition(s) in one or more Other Series. Notwithstanding anything else contained herein to the contrary, for purposes of the Compositions and this Section 5 et. seq., the term “Other Series” shall include, without limitation, those television and new media series’ other than the Series, which feature, in whole or in part, the Play and/or the Compositions: 5.3.1. The nonexclusive, limited right, license, privilege, and authority to record in any manner, medium, form or language (whether now known or hereafter devised), throughout the universe, all or part(s) of all or any of the Compositions in synchronism or in timed-relation with any Other Series and/or in the soundtrack of any such Other Series produced by Production Company and/or its designee(s) for broadcast throughout the universe in any and all media now known or hereafter devised in perpetuity, and to make copies of such recordings and to import said copies and/or recordings thereof into any country, territory or jurisdiction throughout the universe, all in accordance with the terms, conditions and limitations hereinafter set forth; 5.3.2. The right, in perpetuity and throughout the universe, to publicly perform for profit or nonprofit and authorize others so to perform the Composition(s) in exhibition of any Other Series to audiences on any screen and in any place or venue and by means of digital or other projection, television, electricity, digital transmission, streaming, Internet or any other technology now known or hereafter devised, to or through any screen, mobile device, console, platform or other device or technology now known or hereafter devised, including without limitation such rights to televise any such Other Series into theaters and such other public places; 5.3.3.

Motion Picture Soundtrack Album Mechanical Rights. Owner hereby grants to Production Company and its designees the nonexclusive right throughout the universe and in perpetuity, to include one or more of the Compositions in any album intended to constitute the MUSICAL OPTION & PURCH. AGREEMENT – OPENING NIGHT ENTERPRISES, LLC/THE KING’S CRITIQUE COYOTE 12 soundtrack album for any Motion Picture and to be distributed by or on behalf of Production Company its heirs, licensees and/or assigns (the “Motion Picture Album”), and to exploit any such Composition(s), in whole or in part, for all purposes contemplated herein. In full consideration of Owner’s granting of such rights in respect of the Composition(s), in respect of net sales through normal distribution channels of full-priced, top-line records embodying any such Composition(s) in the United States and Canada, Production Company shall pay or cause to be paid a “mechanical” royalty to Owner at Seventy Five Percent (75%) of the minimum statutory rate (without regard to playing time) or the equivalent in effect at the time of the initial sale of any such Motion Picture Album (in any qualifying form or format) embodying said Composition(s) hereunder in the United States or Canada, and at such rates generally applicable to record distributors in the particular country in question outside of the United States and Canada, otherwise calculated, reduced, prorated, adjusted, paid and accounted for pursuant to and in accordance with Production Company’s or its designee’s then-customary practices and procedures. Without limiting the generality of the foregoing, Owner hereby grants to Production Company and its designees the irrevocable right, in perpetuity and throughout the universe, to print and reproduce, at Production Company’s or its designee’s election, the title and lyrics to any such Composition(s) on any component of the packaging of records hereunder without payment to Owner, any other writer or composer of the Compositions, or any other party in connection therewith. 5.3. Uses in Other Series: With respect to any television or new media series contemplated in Section 4.3.4. through 4.3.9. above (each an “Other Series”), in exchange for the corresponding Purchase Price and other sums described in Sections 4.3.4. through 4.3.9. (as applicable) along with any other applicable sums stipulated below, if any, Owner hereby grants to Production Company, its successors and assigns, those rights further described in Sections 5.3.1 through 5.3.4 and 5.7 below with respect to exploitation of the Composition(s) in one or more Other Series. Notwithstanding anything else contained herein to the contrary, for purposes of the Compositions and this Section 5 et. seq., the term “Other Series” shall include, without limitation, those television and new media series’ other than the Series, which feature, in whole or in part, the Play and/or the Compositions: 5.3.1. The nonexclusive, limited right, license, privilege, and authority to record in any manner, medium, form or language (whether now known or hereafter devised), throughout the universe, all or part(s) of all or any of the Compositions in synchronism or in timed-relation with any Other Series and/or in the soundtrack of any such Other Series produced by Production Company and/or its designee(s) for broadcast throughout the universe in any and all media now known or hereafter devised in perpetuity, and to make copies of such recordings and to import said copies and/or recordings thereof into any country, territory or jurisdiction throughout the universe, all in accordance with the terms, conditions and limitations hereinafter set forth; 5.3.2. The right, in perpetuity and throughout the universe, to publicly perform for profit or nonprofit and authorize others so to perform the Composition(s) in exhibition of any Other Series to audiences on any screen and in any place or venue and by means of digital or other projection, television, electricity, digital transmission, streaming, Internet or any other technology now known or hereafter devised, to or through any screen, mobile device, console, platform or other device or technology now known or hereafter devised, including without limitation such rights to televise any such Other Series into theaters and such other public places; 5.3.3.

Motion Picture Soundtrack Album Mechanical Rights. Owner hereby grants to Production Company and its designees the nonexclusive right throughout the universe and in perpetuity, to include one or more of the Compositions in any album intended to constitute the MUSICAL OPTION & PURCH. AGREEMENT – OPENING NIGHT ENTERPRISES, LLC/THE KING’S CRITIQUE 12 soundtrack album for any Motion Picture and to be distributed by or on behalf of Production Company its heirs, licensees and/or assigns (the “Motion Picture Album”), and to exploit any such Composition(s), in whole or in part, for all purposes contemplated herein. In full consideration of Owner’s granting of such rights in respect of the Composition(s), in respect of net sales through normal distribution channels of full-priced, top-line records embodying any such Composition(s) in the United States and Canada, Production Company shall pay or cause to be paid a “mechanical” royalty to Owner at Seventy Five Percent (75%) of the minimum statutory rate (without regard to playing time) or the equivalent in effect at the time of the initial sale of any such Motion Picture Album (in any qualifying form or format) embodying said Composition(s) hereunder in the United States or Canada, and at such rates generally applicable to record distributors in the particular country in question outside of the United States and Canada, otherwise calculated, reduced, prorated, adjusted, paid and accounted for pursuant to and in accordance with Production Company’s or its designee’s then-customary practices and procedures. Without limiting the generality of the foregoing, Owner hereby grants to Production Company and its designees the irrevocable right, in perpetuity and throughout the universe, to print and reproduce, at Production Company’s or its designee’s election, the title and lyrics to any such Composition(s) on any component of the packaging of records hereunder without payment to Owner, any other writer or composer of the Compositions, or any other party in connection therewith. 5.3. Uses in Other Series: With respect to any television or new media series contemplated in Section 4.3.4. through 4.3.9. above (each an “Other Series”), in exchange for the corresponding Purchase Price and other sums described in Sections 4.3.4. through 4.3.9. (as applicable) along with any other applicable sums stipulated below, if any, Owner hereby grants to Production Company, its successors and assigns, those rights further described in Sections 5.3.1 through 5.3.4 and 5.7 below with respect to exploitation of the Composition(s) in one or more Other Series. Notwithstanding anything else contained herein to the contrary, for purposes of the Compositions and this Section 5 et. seq., the term “Other Series” shall include, without limitation, those television and new media series’ other than the Series, which feature, in whole or in part, the Play and/or the Compositions: 5.3.1. The nonexclusive, limited right, license, privilege, and authority to record in any manner, medium, form or language (whether now known or hereafter devised), throughout the universe, all or part(s) of all or any of the Compositions in synchronism or in timed-relation with any Other Series and/or in the soundtrack of any such Other Series produced by Production Company and/or its designee(s) for broadcast throughout the universe in any and all media now known or hereafter devised in perpetuity, and to make copies of such recordings and to import said copies and/or recordings thereof into any country, territory or jurisdiction throughout the universe, all in accordance with the terms, conditions and limitations hereinafter set forth; 5.3.2. The right, in perpetuity and throughout the universe, to publicly perform for profit or nonprofit and authorize others so to perform the Composition(s) in exhibition of any Other Series to audiences on any screen and in any place or venue and by means of digital or other projection, television, electricity, digital transmission, streaming, Internet or any other technology now known or hereafter devised, to or through any screen, mobile device, console, platform or other device or technology now known or hereafter devised, including without limitation such rights to televise any such Other Series into theaters and such other public places; 5.3.3.

Motion Picture Soundtrack Album Mechanical Rights. Owner hereby grants to Production Company and its designees the nonexclusive right throughout the universe and in perpetuity, to include one or more of the Compositions in any album intended to constitute the MUSICAL OPTION & PURCH. AGREEMENT – OPENING NIGHT ENTERPRISES, LLC/THE KING’S CRITIQUE 12 soundtrack album for any Motion Picture and to be distributed by or on behalf of Production Company its heirs, licensees and/or assigns (the “Motion Picture Album”), and to exploit any such Composition(s), in whole or in part, for all purposes contemplated herein. In full consideration of Owner’s granting of such rights in respect of the Composition(s), in respect of net sales through normal distribution channels of full-priced, top-line records embodying any such Composition(s) MUSICAL OPTION & PURCH. AGREEMENT – OPENING NIGHT ENTERPRISES, LLC/ LEGENDS OF ARAHMA 12 in the United States and Canada, Production Company shall pay or cause to be paid a “mechanical” royalty to Owner at Seventy Five Percent (75%) of the minimum statutory rate (without regard to playing time) or the equivalent in effect at the time of the initial sale of any such Motion Picture Album (in any qualifying form or format) embodying said Composition(s) hereunder in the United States or Canada, and at such rates generally applicable to record distributors in the particular country in question outside of the United States and Canada, otherwise calculated, reduced, prorated, adjusted, paid and accounted for pursuant to and in accordance with Production Company’s or its designee’s then-customary practices and procedures. Without limiting the generality of the foregoing, Owner hereby grants to Production Company and its designees the irrevocable right, in perpetuity and throughout the universe, to print and reproduce, at Production Company’s or its designee’s election, the title and lyrics to any such Composition(s) on any component of the packaging of records hereunder without payment to Owner, any other writer or composer of the Compositions, or any other party in connection therewith. 5.3. Uses in Other Series: With respect to any television or new media series contemplated in Section 4.3.4. through 4.3.9. above (each an “Other Series”), in exchange for the corresponding Purchase Price and other sums described in Sections 4.3.4. through 4.3.9. (as applicable) along with any other applicable sums stipulated below, if any, Owner hereby grants to Production Company, its successors and assigns, those rights further described in Sections 5.3.1 through 5.3.4 and 5.7 below with respect to exploitation of the Composition(s) in one or more Other Series. Notwithstanding anything else contained herein to the contrary, for purposes of the Compositions and this Section 5 et. seq., the term “Other Series” shall include, without limitation, those television and new media series’ other than the Series, which feature, in whole or in part, the Play and/or the Compositions: 5.3.1. The nonexclusive, limited right, license, privilege, and authority to record in any manner, medium, form or language (whether now known or hereafter devised), throughout the universe, all or part(s) of all or any of the Compositions in synchronism or in timed-relation with any Other Series and/or in the soundtrack of any such Other Series produced by Production Company and/or its designee(s) for broadcast throughout the universe in any and all media now known or hereafter devised in perpetuity, and to make copies of such recordings and to import said copies and/or recordings thereof into any country, territory or jurisdiction throughout the universe, all in accordance with the terms, conditions and limitations hereinafter set forth; 5.3.2. The right, in perpetuity and throughout the universe, to publicly perform for profit or nonprofit and authorize others so to perform the Composition(s) in exhibition of any Other Series to audiences on any screen and in any place or venue and by means of digital or other projection, television, electricity, digital transmission, streaming, Internet or any other technology now known or hereafter devised, to or through any screen, mobile device, console, platform or other device or technology now known or hereafter devised, including without limitation such rights to televise any such Other Series into theaters and such other public places; 5.3.3.