when dealing with a film shoot/project on your property please help me to understand this wording in their contract: Owner agrees that Producer may license, assign and otherwise transfer this contract and all rights granted by Owner to Producer under this contract to any person or entity, specifically excluding the right to enter upon and use the Property, which shall not be licensed, assigned, or transferred by Producer.
Dear Sir or Madam,
Welcome to JustAnswer,
This clause states that only the Producer has the right to enter on your property and use it in the fashion provided in the contract.
And that the Producer can't license or transfer this right that he has to enter on your Property to someone else.
But it does give the Producer the ability to license or transfer all other aspects of the contract to someone else.
So, if they come upon your property to shoot a film, then as part of the contract, they have the right to use the video that they capture.
And, if they want, then can license or transfer this right to use the video to a third party.
So, to make a long story short, the Producer cannot transfer his right to come on your property, but all other rights can be transferred.
Hope this helps.
Kindly accept so that I can be credited with the above assistance.
I am not interested in the project rights but want to ensure that the property has been completely protected that the Producer and whoever they may transfer the rights or license. Does this clause reflect my intention?
Perhasp I should say I am not interested in infringing on the project/producer's rights
The contract does not make any mention of the owner having the rights to any part of the project, the contract is only involved with the property rental, the use of the property, and the cost of the rental. This is why it seems confusing to all of a sudden start extend the contract to beyond the scope of the contract. Is this necessary?
It is impossible for me to tell without reviewing the entire contract.
Of course, this is beyond the scope of this service.
However, the contract almost certainly deals with the rights of the Producer to use the imagery depicting your property. That is what the assignability almost certainly relates to.
The right to actually enter upon the property is personal to the Producer and cannot be assigned.
But as I say, the contract does grant rights to use the video and images depicting your property. They couldn't actually use the film depicting your property otherwise without risk of you making a claim. It is these rights that are assignable.
Hope this clarifies
Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997