Poets Audio/Video Release 2004
NOTE: Paragraph 5 is new language from previous years. It codifies the rule that says all poems are original work.
1. In consideration of the ability to perform in the National Poetry Slam 2004 to be held in St. Louis, MO on August 4, 5, 6, and 7, 2004 (hereinafter NPS 2004) I, the undersigned, (herein after Poet) hereby grant permission to Poetry Slam Inc., (herein after PSI) to photograph or video and/or audio record me and record my voice, performances, poses, acts, plays and appearances at NPS 2004, and to use my picture, photograph, silhouette and other reproductions of my physical likeness and sound as part of the archiving (for historical preservation as well as for the prospect of use in future commercial ventures) of the National Poetry Slam 2004 (herein after the Project). Further, I agree, that if any of my performances or portions of my performances appear in the final product(s) used for either commercial or educational purposes, depicting the audible portion of any of my performances, I shall receive one (1) copy of said product for the price of shipping and handling only. Any archive copy or promotional footage may be purchased by me for a reasonable duplication fee and the cost of shipping.
2. It is a violation and breach of this agreement for the Poet to assign, sell or transfer footage or audio of his or her NPS 2004 performance, with or without consideration, to any entity that the Poet knows or has reason to believe will use such footage in a commercial product or for any commercial purpose. Any footage assigned, sold or transferred by the Poet shall contain the statement: GÇ£Copyright 2004 by Poetry Slam, Inc. This videocassette is for private home viewing only. It is not licensed for any other use. All other rights reserved. Any public performance, copying, or other use is strictly prohibited. Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution or exhibition of copyrighted motion pictures, videocassettes or laserdiscs. Criminal copyright infringement is investigated by the FBI and may constitute a felony with a maximum penalty of up to five years in prison and/or a $250,000 fine.GÇ¥
3. For the above consideration, and the continued potential exposure of my poetry and performance, I grant Poetry Slam Inc. the right to use any video or audio reproduction of my performances at NPS 2004 for archival, promotional, educational or commercial purposes and use in future commercial products of PSI. I understand that I retain the copyright to the poems themselves.
4. I understand that if any entity other than PSI wishes to use any footage of the PoetGÇÖs NPS 2004 performances for commercial use, that entity must obtain the written permission of PSI.
5. I warrant and represent that all of the material that I will perform at NPS 2004 is my own original material. I further warrant and represent that no other person or entity holds any interest in that material, or my performance of it, whether by contract, common law, or statute, and that I have full and complete authority to convey the rights under this Agreement to PSI, without the need for approval, permission, or authority from any other person or entity. I understand that breach of these warranties and representations may subject PSI to demands or liabilities, and I agree to indemnify PSI for any such demands or liabilities resulting from, directly or indirectly, a breach of these warranties and representations.
6. I agree that I will not maintain or assert against PSI, its successors, assigns, agents, employees, directors, affiliates, or licensees, any claim, action, suit, or demand of any kind or nature whatsoever, including but not limited to, those grounded upon invasion of privacy, rights of publicity or other civil rights, or for any other reason in connection with PSIGÇÖs authorized use of my physical likeness and sound in NPS 2004 as herein provided. I hereby release PSI and its successors, assigns, agents, employees, directors, affiliates, or licensees, and each of them, from and against any and all claims, liabilities, demands, actions, cause(s) of action, costs and expenses whatsoever, at law or in equity, known or unknown, anticipated or unanticipated, which I ever had, now have, or may, shall or hereby after have reason, matter, cause or thing arising out of PSIGÇÖs use as herein provided.
7. The Poet understands and agrees that Illinois law shall govern the interpretation and enforcement of this agreement and consents to a jurisdiction of any competent court within the state of Illinois.
8. The Poet understands and agrees that breach of this agreement will be remedied by appropriate injunctive relief and consents to the entry of said injunctive relief in the event of his or her breach by a court of competent jurisdiction.
I have read the foregoing and fully understand the meaning and effect thereof and, intending to be legally bound, I have signed this release.
1. In consideration of the ability to perform in the National Poetry Slam 2004 to be held in St. Louis, MO on August 4, 5, 6, and 7, 2004 (hereinafter NPS 2004) I, the undersigned, (herein after Poet) hereby grant permission to Poetry Slam Inc., (herein after PSI) to photograph or video and/or audio record me and record my voice, performances, poses, acts, plays and appearances at NPS 2004, and to use my picture, photograph, silhouette and other reproductions of my physical likeness and sound as part of the archiving (for historical preservation as well as for the prospect of use in future commercial ventures) of the National Poetry Slam 2004 (herein after the Project). Further, I agree, that if any of my performances or portions of my performances appear in the final product(s) used for either commercial or educational purposes, depicting the audible portion of any of my performances, I shall receive one (1) copy of said product for the price of shipping and handling only. Any archive copy or promotional footage may be purchased by me for a reasonable duplication fee and the cost of shipping.
2. It is a violation and breach of this agreement for the Poet to assign, sell or transfer footage or audio of his or her NPS 2004 performance, with or without consideration, to any entity that the Poet knows or has reason to believe will use such footage in a commercial product or for any commercial purpose. Any footage assigned, sold or transferred by the Poet shall contain the statement: GÇ£Copyright 2004 by Poetry Slam, Inc. This videocassette is for private home viewing only. It is not licensed for any other use. All other rights reserved. Any public performance, copying, or other use is strictly prohibited. Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution or exhibition of copyrighted motion pictures, videocassettes or laserdiscs. Criminal copyright infringement is investigated by the FBI and may constitute a felony with a maximum penalty of up to five years in prison and/or a $250,000 fine.GÇ¥
3. For the above consideration, and the continued potential exposure of my poetry and performance, I grant Poetry Slam Inc. the right to use any video or audio reproduction of my performances at NPS 2004 for archival, promotional, educational or commercial purposes and use in future commercial products of PSI. I understand that I retain the copyright to the poems themselves.
4. I understand that if any entity other than PSI wishes to use any footage of the PoetGÇÖs NPS 2004 performances for commercial use, that entity must obtain the written permission of PSI.
5. I warrant and represent that all of the material that I will perform at NPS 2004 is my own original material. I further warrant and represent that no other person or entity holds any interest in that material, or my performance of it, whether by contract, common law, or statute, and that I have full and complete authority to convey the rights under this Agreement to PSI, without the need for approval, permission, or authority from any other person or entity. I understand that breach of these warranties and representations may subject PSI to demands or liabilities, and I agree to indemnify PSI for any such demands or liabilities resulting from, directly or indirectly, a breach of these warranties and representations.
6. I agree that I will not maintain or assert against PSI, its successors, assigns, agents, employees, directors, affiliates, or licensees, any claim, action, suit, or demand of any kind or nature whatsoever, including but not limited to, those grounded upon invasion of privacy, rights of publicity or other civil rights, or for any other reason in connection with PSIGÇÖs authorized use of my physical likeness and sound in NPS 2004 as herein provided. I hereby release PSI and its successors, assigns, agents, employees, directors, affiliates, or licensees, and each of them, from and against any and all claims, liabilities, demands, actions, cause(s) of action, costs and expenses whatsoever, at law or in equity, known or unknown, anticipated or unanticipated, which I ever had, now have, or may, shall or hereby after have reason, matter, cause or thing arising out of PSIGÇÖs use as herein provided.
7. The Poet understands and agrees that Illinois law shall govern the interpretation and enforcement of this agreement and consents to a jurisdiction of any competent court within the state of Illinois.
8. The Poet understands and agrees that breach of this agreement will be remedied by appropriate injunctive relief and consents to the entry of said injunctive relief in the event of his or her breach by a court of competent jurisdiction.
I have read the foregoing and fully understand the meaning and effect thereof and, intending to be legally bound, I have signed this release.
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