“I/we (hereafter “Writer”) hereby grant Southern Methodist University, the Division of Film & Media Arts, and the SMU Summer Film Production (hereafter collectively referred to as “Studio”) a non-exclusive but irrevocable and perpetual license throughout the universe (the “Territory”) to produce a motion picture or other audio/visual work (the “Picture”) based on this script.
Writer understands and agrees that the Studio shall own all right, title and interests in and to the Picture and shall have the right to release, distribute, transmit, broadcast, exhibit, perform, advertise and otherwise exploit the Picture in any and all media, whether now known or hereafter known, in any and all markets whatsoever (including, without limitation, theatrical, non-theatrical, and all forms of home video devices (including, without limitation, DVD, videocassettes, video discs, digital) and television (including, without limitation, pay, free, cable, basic, and satellite); all computer-assisted media containing moving picture images (including, without limitation, CD-ROM, CD-I and any digital, optical and magnetic disc systems, cartridges, Internet, on-line web sites and information systems, digital broadcast systems, wireless network systems, interactive cable (including, without limitation, on-demand and near on-demand) and any other computer assisted devices or method now known or hereafter known)), in any and all languages. Studio further shall have the rights to produce soundtrack recordings for use in and in connection with the Picture, merchandising and commercial tie-in rights (including, without limitation, the exploitation and/or licensing of characters and other elements contained in the Picture for all types of goods and services), and promotional and advertising rights in connection therewith. Studio further shall own all copyrights, neighboring rights, trademarks and any and all other ownership and exploitation rights in the Picture now or hereafter recognized in any and all territories and jurisdictions (including by way of illustration only, reproduction, distribution, adaptation, performance, fixation, rental and lending rights, exhibition, broadcast and all other rights of communication to the public) and the right to exploit such works in all media, markets and languages and in any manner now known or hereafter devised. Studio further shall have the right to change, add to, delete or take from, translate, or otherwise modify the script in any manner Studio may in its discretion determine in connection with the Picture. To the fullest extent allowable under any applicable law, Writer hereby irrevocably waives or assigns to Studio Writer’s so-called “moral rights” or “droit moral” with respect to any such changes.
All rights granted and agreed to be granted to Studio shall be exclusively and irrevocably vested in Studio in perpetuity, including, without limitation, for the full term of copyright protection for the Picture everywhere in the world and any and all renewals, extensions and revivals thereof. No breach by Studio of this agreement shall entitle Writer to equitable relief, whether injunctive or otherwise, against or with respect to the Picture, it being acknowledged and agreed that Writer’s remedy of money damages is adequate.
Writer will retain ownership of the submitted script and is free to sell, option, and/or produce it regardless of whether it is used by the Studio. For purposes of clarity, it is the intention of the parties hereto that Studio shall be free to revise, add to, combine with the work of others, and otherwise modify the script in its sole discretion and produce the Picture therefrom, with Studio owning all right, title and interest in the Picture (including the right to modify and exploit same) and Writer retaining ownership of the original submitted script itself but having no control of, interest in, or right to the Picture or any portion thereof.
Writer acknowledges and agrees that if this submission is chosen to use for the SMU Summer Film Production, changes may be made to the script without approval or consent of Writer. Further, Writer expressly agrees that Writer shall have no control nor consulting or approval rights in connection with the development, production, exhibition or exploitation of the Picture. Without limiting the foregoing, writing credits on the final produced Picture will be decided upon by the Studio subject to the following constraints:
- If, as deemed by Studio, the shooting script retains 70% or more of the original submitted screenplay, Writer shall have the right to sole screenwriting credit.
- If, as deemed by Studio, the shooting script contains less than 70% of the original submitted screenplay, Writer shall have the right to sole “story by” credit as well as to “screenplay by” credit that may be shared with others involved in the rewriting.
- Writer shall be allowed to see a substantially finished version of the produced Picture prior to any public screenings, and has the right to refuse any or all of the writing credits to which Writer would otherwise be entitled.
- The Chair of SMU’s Division of Film & Media Arts shall be the sole arbiter of any credit disputes.
The Studio shall select the director(s) and producer(s) (hereafter collectively "Producer") to realize production of this script. Writer acknowledges that Writer will have no control over selection of Producer. Writer may, at Writer’s discretion, apply for any production or post-production positions (cast or crew) and acknowledges that submission of a screenplay (whether the one selected for production or not) shall not be considered a factor for or against selection of Writer for any position.
Upon completion of Picture, Producer will supply Writer with a digital copy of the completed Picture when commercially available, which Writer may use in part or in whole as a work sample on a reel, on Writer's website, or in competitions, provided Writer does not make more than five (5) minutes of the completed Picture publicly available.