Upon purchase of this NFT (the terms of which are governed by the applicable provisions of the Foundation Terms of Service, or, the “Terms”) and notwithstanding anything in the Terms to the contrary, Gerald V. Casale (the "Creator") will assign and transfer to the purchaser (the “Collector”) the copyright in and to the music video for "I’m Gonna Pay U Back” 2021, written and produced by DEVO's Gerald V Casale and directed by Davy Force (the “Video”) subject to [the execution by the Collector of a long form copyright assignment agreement to be provided by Creator following the purchase that incorporates] each of the following provisions:
- The Collector will own the copyright in the final edited master content (2:41 minutes) of the Video, but will not own any underlying materials that are used in the Video, including, without limitation, (i) the master rights in the Creator's recording of the song "I'm Gonna Pay U Back", (ii) the publishing rights to the song "I'm Gonna Pay U Back" (50% Protar’s Music / 50% Slip and Bleed Music), (iii) any of the shorter video loops used in the Video, and (iv) any underlying technology used in the making of the Video including AI programs, Deep Learning programs and/or any CGI EFX, the rights to all of which are reserved by the Creator and/or the applicable copyright owner(s).
- Creator retains the right to use the Video for the personal promotion of producer and director’s work. Creator will make no further commercial use of the Video without the written consent of the Collector.
- Collector may not make any commercial use of the Video that includes the master rights and/or publishing rights in the song/ sound recording of "I'm Gonna Pay U Back" without first obtaining the express prior written consent of the applicable music rights holder(s), which consent(s) may be granted or denied at the sole and exclusive discretion of the Creator and/or the applicable copyright owner(s).
- Upon purchase the Creator will cause the Video to be removed from its channel on YouTube and other applicable video streaming services. Subject to applicable music rights licensing, Collector may then post the Video on such services.