Exclusive Rights Agreement

Due to recent events of third-parties unauthorised usage of images, text and audio/visual recordings to fraudulently pose as Leigh Brown and Dirty Boxers Show during Spring/Summer 2012, Digital Rhapsody and Leigh Brown have agreed to create this Exclusive Rights Agreement to help eliminate future issues, concerns and/or problems over copyright and trademark ownership.

Please note: As this is a public edition of the Exclusive Rights Agreement, Digital Rhapsody agreed to redact sections for security and privacy reasons. Digital Rhapsody is willing to supply the full uncensored version upon request, for ‘public review’, but is completely at Digital Rhapsody’s discretion.

1.1 ‘The Company’ is Digital Rhapsody – a multimedia production company, copyright and trademark owner, and “licensing body”, governed by United Kingdom and European Laws.

1.2 ‘The Undersigned’ is Leigh Brown – a radio presenter / podcaster, author and videographer.

1.3 ‘Author’ – from this point onwards is in accordance with Section 9 of the Copyright, Designs and Patents act 1988: ““author”, in relation to a work, means the person who creates it.”

1.4 ‘Copyright’ – is in accordance with Section 1 of the Copyright, Designs and Patents act 1988: “Copyright is a property right which subsists in accordance with this Part in the following descriptions of work— (a) original literary, dramatic, musical or artistic works, (b) sound recordings, films or broadcasts, and (c) the typographical arrangement of published editions.”

1.5 ‘Trademark’ – from this point onwards is in accordance with Section 1 of the Trade Marks Act 1994: “Act a “trade mark” means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A trade mark may, in particular, consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging.”

1.6 ‘Activity and/or Venture’ – any event that triggers the need for using any copyright and/or trademark protected material held by The Company for any purpose, at the discretion of The Company, and if The Company approves of such an event, through the production of a valid and lawful ‘Licensing Agreement’.

1.7 ‘Licensing Agreement’ – a legal contract issued by The Company acting as a “Licensing body” (Copyright, Designs and Patents act 1988, Section 116), allowing third-parties to use copyright and/or trademark protected material held by The Company for a specified and predetermined amount of time, activity and/or venture (Copyright, Designs and Patents act 1988, Sections 117 & 124 and Trade Marks act 1994, Sections 28 – 31). A ‘Licensing Agreement’ must be sought by The Undersigned and/or third-parties at least 15 days prior to the activity and/or venture.

1.8 ‘Amendments’ – from time to time The Company and The Undersigned may wish to add or amend information to this Exclusive Rights Document, through appendixes. These will be referred to as Amendments. The Amendments must clearly define the information that is being added or changed, with the signatures of The Undersigned, a representative with the power to sign on behalf of The Company and by two witnesses. For convenience, it is agreed that all Amendments will adopt the same anniversary date as the Exclusive Rights Agreement, and will need to be renewed at the same time.

The above organisations do not have the permission to “transfer” their rights or privileges of using The Company’s copyright and/or trademark materials to any other organisation. Nor do they have permission to use their privilege for any personal, commercial and/or public consumption.

The above organisations are allowed to store and copy the copyright and trademark materials for internal purposes only – for record keeping. Any other use is strictly prohibited and would constitute as copyright and trademark infringement.

No other organisation are allowed to use The Company’s copyright and trademark materials listed without prior consent from The Company through a licensing agreement. Failure to do so, constitutes as copyright and trademark infringement.

The Company and The Undersigned has the right to add or remove organisations to/from the list through Amendments, as or when it is deemed appropriate to do so.

2.3 The Company and The Undersigned agree that out of goodwill and in good faith, this agreement will not infringe on any person who’s birth name is listed above, for example, but not limited to:

2.4 The Company has complete and exclusive rights over licensing agreements of the above copyrights and trademarks. It is also the responsibility of The Undersigned to inform The Company of all previous and current licensing agreements for review.

2.5 The Undersigned accepts and understands that a new licensing agreement must be sort and obtained by any third-party interests for any public, private, promotional, personal and/or commercial activity and/or venture, in accordance to copyright and trademark law. This licensing agreement must be sort at least 15 days prior to the activity and/or venture in question to be a valid and legal license.

2.6 It is the responsibility of The Undersigned to notify The Company of any unauthorised breeches of these copyrights and/or trademarks.

2.7 This is a private understanding and agreement between The Company and The Undersigned – for the internal running of The Company.

2.8 This is a private understanding and agreement between The Company and The Undersigned – for the internal running of The Company.

3.1 All ownership of works – Literary, Dramatic, Musical, Artistic, Audio/Visual recordings, Broadcasts and published – authored by The Undersigned previously, before the existence of this Exclusive Rights Agreement and that are still owned by The Undersigned, are now transferred exclusively to The Company with immediate affect.

3.2 All future works – Literary, Dramatic, Musical, Artistic, Audio/Visual recordings, Broadcasts and published – authored by The Undersigned, in accordance with this exclusive rights agreement are automatically copyrighted and/or trademarked by The Company for the duration of this contract.

These include, but are not limited to:

(a) Letters / Correspondence
(b) Emails
(c) Audio Recordings
(d) Radio Broadcasts
(e) Television Broadcasts
(f) Audio and/or video streaming “broadcasts”
(g) Jingles
(h) Music
(i) Podcasts
(j) Video/Film Recordings
(k) Edited Videos/Films
(l) YouTube Videos
(m) Photographs
(n) Sketches & Drawings
(o) Website Designs
(p) Logo Designs
(q) Books / Unpublished Manuscripts
(r) Notebooks / Handwritten works
(s) Short Message Service (SMS) / Text Messages Communications
(t) Instant Messaging Services Communications
(u) Blog Posts
(v) Social Media Posts
(w) Social Media uploaded Artwork
(x) Social Media uploaded Logos / Graphic Design
(y) Social Media uploaded Photographs and Audio/Video works

4.1 The Company understands that from time-to-time, The Undersigned may wish to author, create or generally explore ideas in partnership with other individuals and/or organisations involving either specialist projects, activities and/or ventures or generally discussing, and exploring concepts and ideas in a creative space/manner.

4.2 The Undersigned understands that their portion of ownership from any co-authored or partnership works – Literary, Dramatic, Musical, Artistic, Audio/Visual recordings, Broadcasts or published, will be owned, copyright and/or trademark by The Company for the duration of this Exclusive Rights Agreement.

4.3 The Undersigned understands that if there is no Partnership Agreement agreed prior to any co-authored or partnership works, then it will be owned entirely, copyright and/or trademark by The Company for the duration of this Exclusive Rights Agreement. The Company will hold complete ownership of Co-Authored works indefinitely, unless and/or until a Partnership Agreement can be established with The Undersigned and the third-parties.

4.4 Co-Authored works – Literary, Dramatic, Musical, Artistic, Audio/Visual recordings, Broadcasts and published – automatically owned by The Company until a Partnership Agreement can be established include, but not limited to:

(a) Letters / Correspondence
(b) Emails
(c) Audio Recordings
(d) Radio Broadcasts
(e) Television Broadcasts
(f) Audio and/or video streaming “broadcasts”
(g) Jingles
(h) Music
(i) Podcasts
(j) Video/Film Recordings
(k) Edited Videos/Films
(l) YouTube Videos
(m) Photographs
(n) Sketches & Drawings
(o) Website Designs
(p) Logo Designs
(q) Books / Unpublished Manuscripts
(r) Notebooks / Handwritten works
(s) Short Message Service (SMS) / Text Messages Communications
(t) Instant Messaging Services Communications
(u) Blog Posts
(v) Social Media Posts
(w) Social Media Comments / Messages
(x) Social Media uploaded Artwork
(y) Social Media uploaded Logos / Graphic Design
(z) Social Media uploaded Photographs and Audio/Video works

4.5 All ownership of works created by partnership with The Undersigned and third-parties previously, before the existence of this Exclusive Rights Agreement and without a partnership contract, are now transferred exclusively to The Company with immediate affect. The third-parties will be notified by The Company of the change of ownership, and will invited to have a Partnership Contract agreement established – if the third-parties wish.

4.6 All ownership of works created by partnership with The Undersigned and third-parties previously, before the existence of this Exclusive Rights Agreement and with a partnership contract, The Undersigned’s portion of ownership is now transferred exclusively to The Company with immediate affect. The third-parties will be notified by The Company of the change of ownership of The Undersigned’s portion, out of common decency.

4.7 All future works created by The Undersigned and third-parties, and without a Partnership Contract, in accordance with this exclusive rights agreement are automatically copyrighted and/or trademarked by The Company for the duration of this contract.

4.8 If any third-parties wish to use, copy or distribute any co-authored works under a Partnership Contract, they must obtain a licensing agreement from The Company for the contribution The Undersigned made to the activity and/or venture. All subsequent uses, copies or distribution from third-parties to forth-parties must also need a licensing agreement from The Company – to ensure a paper-trail of authorisation and administration is created (especially in territory markets).

4.9 If any third-parties wish to use, copy or distribute any co-authored works that do not have a Partnership Contract, they must obtain a full licensing agreement from The Company – like any other authored work – at least 15 days prior to the activity and/or venture. All subsequent uses, copies or distribution from third-parties to forth-parties must also need a licensing agreement from The Company – to ensure a paper-trail of authorisation and administration is created (especially in territory markets).

5.1 The Company, with immediate effect of this Exclusive Rights Agreement, owns the complete exclusive ‘Performance Rights’ of The Undersigned, as according to the Copyright, Designs and Patents Act 1988, Section 180.

5.2 The Company, with immediate effect of this Exclusive Rights Agreement, in all the countries and territories where/as it is applicable, owns the complete exclusive copyright and/or trademark, as well as management and complete ownership of The Undersigned’s likeness, image rights, personality rights, right to privacy, tort laws issues, defamation protection, passing off / extended passing off issues and persona protection.

5.3 The Company, with immediate effect of this Exclusive Rights Agreement, owns the complete exclusive ‘Artistic Rights’ to copyright and/or trademark The Undersigned – as according to the Copyright, Designs and Patents Act 1988, Section 4 – in all photographic representation of The Undersigned.

5.4 The Company, with immediate effect of this Exclusive Rights Agreement, owns the complete ‘Exclusive Recording Rights’ of all audio/visual recordings The Undersigned, as according to the Copyright, Designs and Patents Act 1988, Section 185.

5.5 Any third-party organisation or individual wishing to record The Undersigned by audio/visual recordings, must obtain a Licensing Agreement from The Company, at least 15 days prior to the recording. Any company, organisation or individual found with an illicit recording of The Undersigned will be criminally liable.

5.6 Photographs of The Undersigned for ‘personal use only’ are permitted, as long as they remain out of the public domain. Photographs from Weddings, Social Gatherings and Family Occasions are the only permitted for personal use. All other photographs that have not been authorised by consent of a Licensing Agreement at least 15 days prior to the event from The Company, will be a direct breech of this Exclusive Rights Agreement contract – and may result in legal action.

5.7 As soon as the photograph of The Undersigned is released to the public be it for personal or commercial reasons without prior permission or consent from The Company, this Exclusive Rights Agreement gives permission for The Company to deem it an unauthorised partnership work without prior Partnership Contract – as stated in 4.7 of this Exclusive Rights Agreement.

By the action of releasing of the unauthorised work to the public domain, the ‘original owner’ acknowledges and concedes that he automatically forfeits ownership of the work, and all rights over it. The ownership, rights, copyright and/or trademark of the photograph automatically transferred to The Company – and The Company can do with it as they see fit.

Failure or refusal to transfer ownership to The Company, the ‘original owner’ acknowledges through their own actions they automatically (a) admit fault and/or guilt for an unauthorised production/product, (b) that they are at fault and legally liable to the legal consequences and repercussions of such actions – which will constitute as a copyright and/or trademark infringements and legal proceedings will follow accordingly.

5.8 The Undersigned gives, with immediate effect total ownership of all characteristics that make The Undersigned clearly identifiable (in any and all ways) and recognisable as The Undersigned.

These characteristics include, but not limited to:

5.9 On the acceptance of the above unique identifiable data and information transferred to and owned by The Company, The Undersigned gives permission for The Company to copyright and/or trademark all the data, in all combinations, to ensure complete lawful and legal protection is managed and maintained by The Company.

5.10 Any third-party wishing to use, obtain and/or store any personally identifiable data including by not limited to the above list in 5.8, will need to obtain a Licensing Agreement from The Company 15 days prior to the activity and/or venture.

5.11 Any third-party found using, obtaining and/or storing these copyrighted and/or trademarked personally identifiable data of The Undersigned without a valid licensing agreement from The Company, will be face legal action for copyright and/or trademark infringements and possible data protection breech (according to Data Protection Act 1998).

6.1 The Company agrees that The Unsigned has the right at any time to pursue Activities and/or Ventures that may not be in keeping with The Company’s overall vision or purpose. For these instances, The Company may have to issue The Undersigned a licensing agreement to allowing The Undersigned to participate with such ‘hobbies’.

6.2 The Company agrees that The Undersigned can obtain a licensing agreement to allow The Undersigned to pursue these ‘hobby interests’ with anyone and any organisation that The Undersigned sees fit, as long as it does not interfere, diminish the credibility of protected works, copyrights and/or trademarks owned by The Company or interfere with the working relationship between The Company and The Undersigned.

6.3 The Company and The Undersigned agrees that the licensing agreement must be issued at least 15 days prior to the commencement of the hobby interest. Failure to do so will be constituted as copyright and/or trademark infringement.

7.1 The Company and The Undersigned agree to a fixed term of 10 years from the signature date of this agreement. This will be known as the ‘Anniversary Date’.

7.2 Before this anniversary date, The Company and The Undersigned may agree to continue the relationship held within this contract – by which a new Exclusive Rights Agreement will need to be sort to continue.

7.3 If The Company and The Undersigned do not wish to continue the relationship held within this contract, then all authored works created during this contract will still be held and managed by The Company.

7.4 The Company will continue to have the right to use any copyright and/or trademark works held within the authored material created up to the anniversary date.

7.5 The ownership and management of future works after the anniversary date, if a new exclusive rights agreement is not reached, will revert back to The Undersigned.

7.6 If a new exclusive rights agreement is not reached by the anniversary date, The Undersigned will be allowed to continue to use any copyright and/or trademark works that he created unrestricted. The Company agrees to issue The Undersigned a full unrestricted licensing agreement for any authored works The Undersigned created.

7.7 The Company and The Undersigned agree that upon signature of this Exclusive Rights Agreement a digital version will be publicly available, minus signatures and with personal details redacted, allowing pubic notice of these agreements, restrictions and possible ownership forfeits to be referred to, as and when the need arises.

8.1 The Company and The Undersigned understand that unforeseen circumstances may occur. Solely in the case of an emergency as deemed by the next of kin to The Undersigned, the next of kin to The Undersigned has the ability to use copyrighted and/or trademarked works owned by The Company without fear of reprisals, as they see fit – until the case of emergency is resolved.

8.2 Only the next of kin to The Undersigned has the authorisation and authority to choose, use, share and/or publish the works that they use. All other works will remain copyrighted and/or trademarked to The Company.

1 Definitions

2 Names, Characters, Shows & Tag-lines

3 Authorship and Ownership of Works

4 Co-Authorship and Ownership of Co-Authored Works

5 Images and Likeness

6 Permitted Hobby Interests

7 Duration of Exclusive Rights Agreement

8 In case of emergency