The Exchange assumes absolutely no intellectual property rights over work created in its residency program at all. Furthermore, The Exchange assumes no royalty participation for any work created during a residency. However, the philosophy of the Exchange is to request that its investment in your work be reflected with the same communication and rights other co-producer may have, and that, as an early backer of your work, The Exchange be provided with an opportunity to further invest in it.
As such, if the opportunity ever arises that work created in your residency be turned into a capitalizable property, you agree to provide the Exchange with the opportunity to invest in said property on a most favored nations basis with other limited investors.
The Exchange may also, with your permission, assign this right to an agent acting on its behalf, and such assignment must be mutually agreed upon but not unreasonably withheld.
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As a Lead Resident Artist, or representative of a company in residence at The Orchard Project, I agree to the following:
As it pertains to work(s) I develop in-part or in-full during my residency, the following credit, with Orchard Project logo, will appear in all program and marketing materials, printed or online, alone on a separate line or on title credit pages, with the exception of printed paid advertising of less than 1Ž4 page;
"[Title of Project] was developed, in part, with assistance from the Orchard Project, a program of The Exchange ( www.exchangenyc.org) ."
Ari Edelson, Artistic Director Dean Strober, Executive Director
(with logo)
Author shall also require that the Exchange/Orchard Project logo appear on the page preceding the first page of the text of the published Play issued in connection with a production of the Play. Author shall also use reasonable efforts that a brief bio and a listing of The Exchange/Orchard Project staff appear where bios and staff listings of other producers and institutions appear in all programs (e.g. Playbill) issued in connection with a production of the Play. The Exchange will provide the bio, staff listing and logo.
Credit shall also be provided in catalogues, publications of the Play in book, magazine or recorded form, and all multi-media or audio-visual reproductions or adaptations of the Play, including, but not limited to: motion picture, television, audio or video tape, compact disc, digital versatile disc (DVD), internet or any future such medium. Credits hereunder shall be in accordance with the format of the particular catalogue, book, magazine, recording, or audio- visual reproduction or adaptation, but shall in no instance be smaller than that provided to artists or staff also receiving credit.
Author shall use best efforts to provide The Exchange’s developmental credit in all publicity and press releases about the Play and productions.
It is further agreed and understood that an artist residency represents a significant financial investment by the Exchange and The Orchard Project, and remaining part of the narrative of your work is a key condition of the support the The Exchange provides to you. Therefore, in circumstances when the forementioned credit is under my control, should I fail to provide the credit as mentioned,I will be considered in breach of this agreement and agree to pay one thousand ($1000.00US) dollars to the Exchange as a partial reimbursement for residency costs.
PLAYWRIGHT, COMPANY AND OR PRODUCER ASSUME ALL RESPONSIBILITY FOR COMMUNICATING THIS REQUIREMENT TO OTHER PARTIES, SUBLICENSEES AND OTHERS. IF THE INCLUSION OF THE AFOREMENTIONED CREDIT IS OUT OF MY CONTROL, I WILL PERSUE BEST ATTEMPTS TO BOTH CORRECT OMISSIONS AND MAKE THE EXCHANGE PREEMPTIVELY AWARE OF SUCH OMISSION.