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ANALYSE CYRIELLE DE MONTAIGNAC

Par   •  4 Décembre 2018  •  4 819 Mots (20 Pages)  •  411 Vues

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- the permanent and/or temporary reproduction of the Content, without consideration or for valuable consideration, in full or in part, by any means Content is made available to the public, with no limitation of the number, and in any form, in any electronic media (except for televised media) such as social media like Facebook®, Twitter®, Instagram®, YouTube®, Dailymotion® and Snapchat®, whether such distribution is encrypted or unencrypted, free-of-charge or paid, in full or in excerpts and in any form whatsoever (video, sound, advertising banners, newsletters, etc. to present the Content), including for the reproduction of the link that the Content points toward and using any methods;

- the display and distribution of the Content, without consideration or for valuable consideration, in full or in part, by any means Content is made available to the public, with no limitation of the number, and in any form, in any electronic media (except for televised media) such as social media like Facebook®, Twitter®, Instagram®, YouTube®, Dailymotion® and Snapchat®, whether such distribution is encrypted or unencrypted, free-of-charge or paid, in full or in excerpts and in any form whatsoever (video, sound, advertising banners, newsletters, etc. to present the Content), including for the reproduction of the link that the Content points toward and using any methods;

- the extraction of any image from the Content to be made available to the public, with no limitation of the number, and in any form, in any electronic media (except for televised media) such as social media like Facebook®, Twitter®, Instagram®, YouTube®, Dailymotion® and Snapchat®, whether such distribution is encrypted or unencrypted, free-of-charge or paid, in full or in excerpts and in any form whatsoever (video, sound, advertising banners, newsletters, etc.) and using any methods;

- the incorporation, insertion and inclusion of the Content in full or in part in any new work and the rights to reproduce and display the work containing the Content; and

- the adaptation, translation and correction of the Content, without consideration or for valuable consideration, in full or part, by any means.

The Content may be the subject of any montage, sequencing and mixing or compilation provided that the Influencer authorizes it.

The Intellectual Property Rights to the Content are assigned, on an exclusive and worldwide basis, to Ykone and to the Client for the full duration of the protection currently granted and that shall be granted in the future to authors, all their successors, heirs and beneficiaries pursuant to legislation and regulatory provisions and court orders or arbitration awards of any countries as well as under any current or future international conventions or treaties, regardless of the grounds of an extension or a continuation of the protection and even if the grounds for such a measure are due to personal considerations specific to the authors.

The Influencer (as well as any Key Person identified in the Special Terms and Conditions) accepts that his/her name or the pseudonym under which he/she has become known be cited in connection with the Campaign as well as any registered trademark that may be related thereto.

Subsection 2.2: Assignment of Image Rights

The Influencer grants to Ykone and to the Client, on an exclusive basis, the right to use, including for commercial purposes, his/her image and his/her voice (as well as the image and voice of the Key Person identified in the Special Terms and Conditions) as well as all the attributes resulting therefore (the “Image Rights”) in connection with the Campaign.

The Influencer expressly authorizes Ykone and the Client to:

- record, fix, reproduce, cause to reproduce, display, cause to display, adapt, cause to adapt and distribute to the public the image, voice, first name or the pseudonym of the Influencer fixed in the Content for advertising, promotional, internal or external communication purposes in any online media and digital media only, in particular on websites published by the Client, on the social websites including, but not limited to, Facebook®, Twitter®, Instagram®, YouTube®, Dailymotion® and Snapchat®, whether such distribution is encrypted or unencrypted, free-of-charge or paid, in full or in excerpts and in any form whatsoever (video, sound, advertising banners, newsletters, etc. to present the Content), to the exclusion of any commercial use on a televised media that will require the prior agreement of the Influencer, for the duration defined below and for records and references of Ykone and the Client for an unlimited period of time; and

- associate the first name and/or the pseudonym of the Influencer with the Campaign.

This authorization is granted for a period of five (5) years starting from the date the Content is made available to the Client and on a worldwide basis, with the understanding that the date Content is posted online shall be considered to the date it is made available.

It is understood that the Content may be the subject of any montage, sequencing and mixing or compilation without the express authorization of the Influencer.

This authorization gives Ykone and the Client the possibility to make, to the initial fixation of the image of the Influencer, any change, addition or suppression that they deem necessary to the extent that it does not give rise to any alteration of the unequivocal aspects of the identity of the Influencer or any material modification of his/her image. This authorization also provides the possibility to use several versions or montages performed based on the initial Content or shots. The image of the Influencer may be associated with those of other influencers.

Subsection 2.3: Use of the Content for Advertising Purposes

Except as otherwise provided in the Special Terms and Conditions, Ykone and the Client may use the Content for advertising purposes, which the Influencer expressly authorizes.

Subsection 2.4: Exclusivity

The Intellectual Property and Image Rights are assigned to Ykone and to the Client on an exclusive basis. The Influencer may not, without the written authorization of Ykone, use the Content himself/herself for purposes other than contemplated in the Agreement.

Notwithstanding the foregoing, the Influencer retains the right to publish the Content on the communications medias as defined in the Special Terms and Conditions (social networks and/or blogs and/or YouTube, etc.).

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