Remake Rights Clause Samples
The Remake Rights clause defines who holds the authority to create new versions or adaptations of an original work, such as a film, television show, or literary property. Typically, this clause specifies whether the producer, studio, or original rights holder can authorize remakes, and may outline conditions such as timeframes, compensation, or creative involvement. Its core function is to clarify ownership and control over future adaptations, thereby preventing disputes and ensuring that all parties understand their rights regarding potential remakes.
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Remake Rights. The exclusive right shall be transferred to the Production Company within 20 (twenty) years to produce a remake of the Film and to make a new Film or series (”concept remake”/”spin-off”) and a follow-up of the Film with one or more films or sequels (”prequels”/”sequels”), hereinafter referred to as “the Remake Rights”. If the Production Company shall exploit or let others exploit the Remake Rights to make a Danish production (with a Danish Delegate Production Company and/or in the Danish language), the Director shall first be offered the right of first refusal to manage the direction of the new production on market conditions. If the Director as a result hereof shall become the Director on the new production, the Director shall not receive remuneration/royalties under the provisions set out below. In case of the Production Company’s own exploitation of the Remake Rights, the Director shall be entitled to a fee equivalent to [min. 20] % of the Directors total pay, cf. Clause 3, index-linked to the development in the net price index. In case of the Production Company’s retransfer of the Remake Rights to at third party, the Director shall be entitled to a royalty of [min. 20] % of the net income generated by exploitation of the sale/licensing of the Remake Rights. The net income is defined as all gross income (regardless of how it is distributed between the Production Company and any co-production companies, etc.), less documented equitable and direct costs related to the sale/licensing.
Remake Rights. Provided that Company has obtained the remake, sequel, or other production rights in the Picture, then with respect to remake, prequel, sequel rights, television production, animated productions and any other subsequent production rights, including live stage rights (collectively, the “Remake Rights”), such Remake Rights shall be subject to Distributor’s right of first negotiation /last refusal as outlined below:
(1) Right of first negotiation/last refusal: If Company proposes to exploit, sell or otherwise dispose of any of its Remake Rights in the Picture during the Term, Company shall so notify Distributor in writing, providing Distributor with a screenplay of the proposed production along with a budget, director and other proposed principal elements (the “First Offer to Distributor”).
Remake Rights. Provided that Company has obtained the remake, sequel, or other production rights in the Picture, then with respect to remake, prequel, sequel rights, television production, animated productions and any other subsequent production rights, including live stage rights (collectively, the “Remake Rights”), such Remake Rights shall be subject to Distributor’s right of first negotiation /last refusal as outlined below:
(1) Right of first negotiation/last refusal: If Company proposes to exploit, sell or otherwise dispose of any of its Remake Rights in the Picture during the Term, Company shall so notify Distributor in writing, providing Distributor with a screenplay of the proposed production along with a budget, director and other proposed principal elements (the “First Offer to Distributor”).
(2) First Negotiation: Within ten (10) business days after the receipt by Distributor of such First Offer to Distributor from Company, Distributor shall notify Company in writing whether or not Distributor desires to negotiate for the acquisition of any such rights, (such notice will propose a commencement date for such negotiations) and if Distributor does not give Company notice in writing that Distributor desires to negotiate for said rights, Distributor shall be deemed to have elected not to negotiate therefor.
(I) If Distributor elects, or is deemed to have elected, not to negotiate for said rights, then Company shall have the right to sell or otherwise dispose of such Remake Rights, but only to a third party who is willing to accept the terms and conditions specified in the First Offer to Distributor (and thereafter Distributor shall have no further right in and to the Remake Rights granted hereunder if such sale to the third party is consummated within ninety (90) days thereof); but if Company is willing to accept any different terms and conditions that are less beneficial to Company than the terms set forth is the First Offer to Distributor, or prior to closing any such deal with a third party, there are any changed, new or additional elements which are material, ((e.g., lead actor, a director, a material change in story line not previously discussed) Company shall again offer the same to Distributor in accordance with the same procedures as set forth in this subparagraph.
(II) If Distributor shall elect to negotiate for said rights and such negotiations shall not result in a written agreement between Company and Distributor within a period of thirty (30) days from...