RESERVATION OF RIGHTS; OWNERSHIP. All licenses, rights, and interest in, to and with respect to the Programs, Promotional Elements, the Proprietary Subject Matter, the elements and parts thereof, and the media of exhibition and exploitation thereof, not specifically granted herein to Licensee shall be and are specifically and entirely reserved by and for Licensor. As between the parties, Licensor reserves all copyrights in the Programs and all the other rights in the images and sound embodied therein, other than the limited rights expressly licensed to Licensee in this Agreement. Licensor retains the right to fully exploit the Programs and Licensor’s rights therein without limitation by any means and in any media. Licensor represents and warrants that the performing and mechanical reproduction rights to any musical works contained in the Programs, Promotional Elements, and Proprietary Subject Matter are either (a) controlled by ASCAP, BMI or SESAC or similar music rights organizations, collections societies or governmental entities having jurisdiction in the Territory, (b) controlled by Licensor to the extent required for the licensing of the Programs in accordance herewith, or (c) in the public domain. If a performing rights royalty or mechanical rights royalty is required to be paid in connection with the public exhibition and/or distribution of the Programs embodied on Approved Devices by Licensee, or the Promotional Elements or Proprietary Subject Matter, Licensor shall be responsible for the payment thereof and shall hold Licensee harmless therefrom.
Appears in 14 contracts
Samples: Licensing and Distribution Agreement, Licensing and Distribution Agreement, Licensing and Distribution Agreement
