Текст книги "Как снять фильм"

Автор книги: Валерий Самойлов

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Текущая страница: 2 (всего у книги 3 страниц)

EFFECTIVENESS OF EXHIBITS "A", "C" , “D” and “E”: Concurrently with the execution of this agreement Owner and Purchaser have executed Exhibits A (Literary Purchase Agreement), C (Assignment of Copyright), D (Director’s Agreement) and E (Appendix 1 to Director’s Agreement) which are undated, and it is agreed that if Purchaser shall exercise the option (including without limitation payment of the Purchase Price pursuant hereto, but not otherwise, the signature of Owner to Exhibits A and C shall be deemed to be effective and these Exhibits shall constitute valid and binding agreements effective as of the date of such exercise of such option, and Purchaser is hereby authorized and empowered to insert the date on such instruments accordingly. If Purchaser shall fail to exercise the option (including payment of the Purchase Price pursuant hereto), then Exhibits A, C , D and E shall be void and of no further force or effect whatever, and Purchaser shall not be deemed to have acquired any rights in or to the Property and, upon Owner’s request therefore, Purchaser shall promptly return to Owner all originals and copies of said exhibits. If Purchaser exercises the option, Purchaser will enter the date of exercise, execute and deliver to Owner copies of Exhibit A, C, D and E, dated as of the date of the exercise of the option, and Owner will, if so requested by Purchaser, execute and deliver to Purchaser additional signed copies of Exhibits A, C, D and E. Notwithstanding the failure or omission of either party to execute and/or deliver such additional documents, it is agreed that upon the exercise of the option by Purchaser (including payment of the Purchase Price pursuant hereto) all rights in and to the Property agreed to be transferred to Purchaser pursuant to the provisions of Exhibit A shall be deemed vested in Purchaser, effective as of the date of exercise of the option (including payment of the Purchase Price pursuant hereto).

RIGHT TO ENGAGE IN PREPRODUCTION AND PRODUCTION: Owner acknowledges that Purchaser may, at its own expense, during the Option Period undertake preproduction activities in connection with any of the rights to be acquired hereunder including, without limitation, the preparation and submission of treatments and/or screenplays based on the Property, approaching and contracting with actors and others for the purpose of the rendering services with respect to production of a production based upon the Screenplay and/or the Property. In connection with any such preproduction and production activities Purchaser may make reference to the name of the Property and the name of Owner. Notwithstanding the foregoing, Purchaser hereby covenants and agrees that the Property shall remain free of encumbrances and liens until exercise of the within option (including payment of the Purchase Price pursuant hereto). If Owner shall be ready, willing and able to perform at the times reasonably required by Purchaser, Owner shall be entitled to perform all rewrites and polishes of the Property.

ASSIGNMENT: This Option Agreement and any and all rights granted hereunder may be assigned by Purchaser to any other person, firm or corporation. No such assignment shall release Purchaser from liability hereunder except if to a major motion picture studio, cable service, or television network which assumes in writing all of Purchaser's obligations hereunder. Owner may assign any or all of his rights hereunder to an entity of which he is the principal.

GENDER AND NUMBER: Terms used herein in the masculine gender include the feminine and neuter gender, and terms used in the singular number include the plural number, if the context may require.

SECTION HEADINGS: The headings of paragraphs, sections and other subdivisions of this agreement are for convenient reference only. They shall not be used in any way to govern, limit, modify, or construe this agreement or any part or provision thereof or otherwise be given any legal effect.

ENTIRE AGREEMENT: This agreement is subject to the laws of the State of California. This agreement, including the Exhibits attached hereto, contains the full and complete understanding and agreement between the parties with respect to the within subject matter, and supersedes all other agreements between the parties whether written or oral relating thereto, and may not be modified or amended except by written instrument executed by both of the parties hereto. Neither party hereto has relied on any representation or warranty not set forth herein. All the rights, licenses, privileges and property herein granted to Purchaser are irrevocable and not subject to termination, rescission, restraint, or injunction under any or all circumstances, except as otherwise provided hereunder.

IN WITNESS WHEREOF, the parties hereto have signed this Option Agreement as of the day and year first hereinabove written.

PURCHASER:                                    OWNER:

Krzysztof B                              Samoilov Valerii

Конечно, тут, помимо денежных отношений, много чего наворочено, с учетом пунктуальности договорных отношений на кинопроизводстве Запада. Они стараются предусмотреть все, что только можно по закону, обеспечив автору и всем, кто задейство-ван, максимум прав, но также и обязанностей.

Продолжение следует:

            EXHIBIT A – LITERARY PURCHASE AGREEMENT

This Agreement made on ____________________by and Valerii Samoilov (hereinafter referred to as «Owner») and Krzysztof B., doing business as N («Purchaser»).

WITNESSETH:

WHEREAS, Owner is the sole and exclusive owner throughout the universe of all rights in and to that certain original novel entitled "Podvodnye Plenniki” ISBN: 5740604733, written by Owner, said work including all adaptations and/or versions, the titles, characters, plots, themes and storyline (collectively referred to as the «Property» ) ; and

WHEREAS, Purchaser desires to acquire all rights of the Owner in and to the Property as hereinafter set forth in consideration for the purchase price provided herein and in reliance upon the Owner's representations and warranties hereinafter set forth;

1. RIGHTS GRANTED: Owner hereby sells, grants, conveys and assigns to Purchaser, its successors, licensees and assigns exclusively and forever, all right, title and interest in and to the Property together with all now or hereafter existing rights of every kind and character whatsoever therein, and the complete and unconditional and unencumbered title therein for all purposes, including all titles thereof, and all elements, themes, ideas, stories, plots, incidents, music, lyrics, arrangements, choreography, dialogue and characters, character names, action, revisions, dramatizations, prequels, sequels, remakes spin offs, and other parts and components contained therein, now or hereafter in existence, without limitations, including all copyrights throughout the universe, including all renewals, extensions and continuations thereof, whether common law, statutory or otherwise, together with the exclusive right to obtain and register copyright and renewal copyright or analogous protection for the Property, whether in the name of the Purchaser, its successors, licensees or assigns, in Purchaser's sole discretion. Included among the rights granted to Purchaser hereunder (without in any way limiting the grant of rights hereinabove made) are the following sole and exclusive rights throughout the universe.

(a) 

To make, produce, adapt and copyright one or more screenplay and motion picture adaptations or versions, whether fixed on film, tape, disc, wire, audio-visual cartridge, cassette or through any other technical process whether now known or hereafter devised, based in whole or in part on the Property, of every size, gauge, color or type, including, but not limited to, musical motion pictures and remakes of, prequels and sequels to any motion picture produced hereunder and motion pictures in series or serial form, and for such purposes to record and reproduce and license others to record and reproduce, in synchronization with such motion pictures, spoken words taken from or based upon the text or theme of the Property and any and all kinds of music, musical accompaniments and/or lyrics to be performed or sung by the performers in any such motion picture and any and all other kinds of sound and sound effects.

(b)      To exhibit, perform, rent, sell, lease, lend and generally deal in and with any screenplay or motion picture produced hereunder:

(i)      by all means, technical processes or devices whatsoever, whether now known or hereafter devised including, by way of example only, film, tape, disc, wire, audio-visual cartridge, internet program domain, server or file, cassette or television (including, without limitation, commercially sponsored, sustaining and subscription or pay-per-view television, or any derivative thereof), any audio-visual system including but not limited to non-standard films, non-standard film cassettes, Super-8 films, EVR-films, video cassettes, video tapes, CD-ROM, CD-I, CD-DVD, laser discs of any kind and form, regardless of the systems technical configuration and recording method, analog or digital transmission technology via cable, satellite, data and/or telephone services, any and all online services (e.g. Internet, Intranet) or other ways of transmission, for the purpose of audio and/or visual communication( eg video-on-demand and television-on-demand), reproduction, retransmission and/or recording and any interactive and multimedia use/application by means of computers, TV sets or other receivers or combinations thereof; and

(ii)      in any place whatsoever, including, without limitation, homes, internet, theaters and elsewhere, and whether or not a fee is charged, directly or indirectly, for viewing any such motion picture.

(c )      To broadcast, transmit or reproduce the Property or any adaptation or version thereof (including without limitation any motion picture produced hereunder based on the Property and/or any script or other material based on or utilizing the Property or any of the characters, themes or plots thereof), by means of television or any process analogous thereto whether now known or hereafter devised (including, without limitation, commercially sponsored, sustaining and subscription or pay-per-view television, or any derivative thereof ) through the use of motion pictures produced on films or by means of magnetic tape, disc, wire, audio-visual cartridge or any other device now known or hereafter devised and including, without limitation, such television productions presented in series or serial form, and the exclusive right generally to exercise for television purposes all the rights granted to Purchaser hereunder for motion picture purposes.

(d)      Without limiting any other rights granted Purchaser, to broadcast and/or transmit by television or radio or any process analogous thereto, or other means, technical process or device, whether now known or hereafter devised, all or any part of any motion picture or other work produced hereunder based on the Property or any adaptation or version thereof, and announcements pertaining to said motion picture or other work, for the purpose of advertising, publicizing or exploiting such motion picture or other work, which broadcasts or transmissions may be accomplished through the use of living actors performing simultaneously with such broadcast or transmission or by any other method or means including, without limitation, the use of motion pictures (including, without limitation, trailers) reproduced on film or by means of magnetic tape, disc, wire, audiovisual cartridge, cassette or through the use of other recordings or transcriptions or any other device now known or hereafter devised.

(e)      To publish and copyright or cause to be published and copyrighted in the name of Purchaser or its nominee in any and all languages throughout the world, in any form or media, synopses, each not to exceed 17500 words in length, and abridged versions of the Property for the purpose of advertising, publicizing and/or exploiting any such screenplay, motion picture and/or other work.

(f)      For the foregoing purposes to use all or any part of the Property and any of the characters, plots, themes and/or ideas contained therein, and the title of the Property and any title or subtitle of any component of the Property, and to use said titles or subtitles for any motion picture or other version or adaptation whether or not the same is based on or adapted from the Property and/or as the title of any musical composition contained in any such motion picture or other version or adaptation.

(g)      To use and exploit commercial or merchandise tie-ups and recordings of any sort and nature arising out of or connected with the Property and/or its motion picture or other versions and/or the title or titles thereof and/or the characters thereof and/or their names or characteristics.

(h) 

To use and exploit all music publishing rights and sound track album rights of any sort and nature arising out of or connected with the Property or its motion picture (s) including but not limited to, the right to produce, reproduce, distribute, rent, lend and sell records, tape cassettes, digital sound carriers such as CD, CD-ROM, DCC, DAT, CD-I, CD-DVD, Mini-CD or other sound carriers of any type and form (analogue, digital or other techniques) whatsoever for which the Work and/or the soundtrack of the Production is used or for which the contents of the Work/Production are retold, newly arranged or otherwise adapted as well as the right to radio broadcast, make available such sound carriers and to publicly present same. This includes the right to make and distribute music videos.

All rights, licenses, privileges and property herein granted Purchaser shall be cumulative and Purchaser may exercise or use any or all said rights, licenses, privileges or property simultaneously with or in connection with or separately and apart from the exercise of any other of said rights, licenses, privileges and property. If Owner hereafter makes or publishes or permits to be made or published any revision, adaptation, translation or dramatization or other versions of the Property, then Purchaser shall have and Owner hereby grants to Purchaser without payment therefore all of the same rights therein as are herein granted to Purchaser. The terms «Picture» and Pictures" as used herein shall be deemed to mean or include any present or future kind of motion picture production based upon the Property, with or without sound recorded and reproduced synchronously therewith, whether the same is produced on film or by any other method or means now or hereafter used for the production, exhibition and/or transmission of any kind of motion picture productions. All so-called rental and lending rights under national laws (whether implemented pursuant to the EC Rental and Lending Rights Directive or otherwise), shall be deemed granted and assigned to Purchaser hereunder and the fixed consideration set forth in paragraph 10 hereof to Owner shall be deemed inclusive of consideration for and equitable remuneration for rental lending rights, such consideration and remuneration including but not limited to an agreed allocation to the rental lending rights of 3.8% of such fixed consideration, any sums payable to Owner with respect to rental lending rights under any applicable collective bargaining agreements, and any residual payable to Owner under any applicable collective bargaining agreements, and any residuals payable to writer under any applicable collective bargaining agreement with respect to home video exploitation which are reasonably attributable to the sale of home video devices for rental purposes in the territories and jurisdictions recognizing rental rights. If under the applicable law of any territory or jurisdiction any additional or different compensation is required to be paid to Owner as a form of equitable remuneration, then it is agreed that the grant of rights herein is fully effective and, if necessary, both parties shall in good faith negotiate such additional amount as required under applicable law.

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.

4A. PURCHASE PRICE. As consideration for all rights granted and assigned to Purchaser and for Owner's representations and warranties, Purchaser agrees to pay to Owner, and Owner agrees to accept, with respect to the motion picture produced hereunder based upon the Property the sum of Seventy Five Thousand US$ ($75,000.00) as follows:

Здесь опять про деньги:

4А. ПОКУПНАЯ ЦЕНА. С учетом всех прав предоставленных Владельцем Покупателю, и установленных для Покупателя заявлений, гарантий от Владельца, Покупатель обязуется выплатить Владельцу, а Владелец обязуется принять, на основе созданного игрового фильма, сумму Семьдесят пять тысяч долларов США ($ 75,000.00) в следующем порядке:

(a) the sum of Ten Thousand US$ ($10,000.00) to be paid to Owner upon exercise of the Option but in any event no later than the first day of principal photography of the Picture: and

(b) the sum of Twenty Thousand US$($ 20.000.00) to be paid to Owner no later than the last day of principal photography of the Picture: and

(а) Сумму десять тысяч долларов США ($ 10,000.00) подлежащих выплате Owner не позднее первого дня съемок фильма: и

(б) Сумму двадцать тысяч в ДОЛЛАРАХ США ($ 20.000.00) следует уплатить Owner не позднее последнего дня съемок фильма: и

(c) the sum of Twenty Thousand US$ ($20,000.00) US$2,500 to be paid to Owner no later than the last day of post production of the Picture: and

(d) The sum of Twenty Five Thousand US$ ($25,000.00) as a deferred payment of Purchase Price for Property, to be paid to Owner, before any other deferred payments to be made in connection with the Picture, except for any deferred payment to be paid to actors playing lead roles; and

(c) Сумму 20 тысяч долларов США ($ 20,000.00) США $ 2,500 следует уплатить Owner не позднее последнего дня сдачи фильма и Презентации(Post): и

(d) сумма двадцать пять тысяч долларов США ($ 25,000.00) уплачивается с отсрочкой Владельцу, прежде чем будут уплачены любые другие отсроченные платежи, которые производились в связи с производством фильма, за исключением оплаты артистов, сыгравших главные роли, и…

Короче, без бутылки не разобраться…

4B. CONTINGENT COMPENSATION. Owner shall be entitled to 1% of 100% of the net profits of the Picture. The term “Net Profits” shall be defined, computed, accounted for and paid in the same manner as for Purchaser. Owner shall be accorded customary statements (i.e. quarterly for the first two years from and after release of the Picture in any medium; semiannually for the next two years and then annually thereafter) and annual audit rights.

4B. КОНТИНГЕНТ КОМПЕНСАЦИИ. Владелец имеет право на 1 % от 100 % от чистой прибыли на Фильме. Термин, “ чистая прибыль ” должен быть определен, рассчитан, учитываться и выплачиваться так же, как для Покупателя. Владельцу предоставляется обычное заявление (т.е ежеквартально для первых двух лет и после выхода Фильма на любом носителе, в ближайшие два года и затем ежегодно впоследствии) и ежегодные ревизии прав.

5.      REPRESENTATIONS AND WARRANTIES:

(a)      Sole Proprietor: Owner represents and warrants to