3. GRANT OF AUTHORITY
3.1 Election of Grant of Authority
Simultaneously with submitting Content to the Site, you must elect to grant to DSS, either an exclusive or a non-exclusive right and license to copy, reproduce, create derivative works, publicly display, market, sublicense, distribute and sell any Accepted Content.
3.2 Exclusive License Grant of Authority
If you elect to grant to DSS an exclusive license right then you hereby appoint DSS as your exclusive agent to license, sublicense, distribute and sell the Accepted Content to third parties worldwide and to collect and remit funds in connection with those endeavors on the terms and conditions set forth in this Agreement. In connection with the Accepted Content, for all exclusive license grants of authority, you grant to DSS:
- the exclusive worldwide right to market and sublicense the right to copy, use, reproduce, distribute, redistribute, sublicense, publish, republish, upload, post, transmit, broadcast, crop, modify, alter, create derivative works of, package, repackage, produce and sell, or publicly perform or display the Accepted Content to prospective licensees in any and all media now in existence or that may in the future be introduced: (i) through the Site; (ii) through other venues owned or operated by DSS or its affiliates from time to time; and
- the right to grant perpetual, worldwide, licenses or sublicenses to end-users. DSS will determine the terms and conditions of all licenses of Accepted Content granted by them, but will not use or license Accepted Content for uses that are defamatory, pornographic or otherwise illegal.
In addition to the foregoing grants, DSS may post, reproduce, modify, display, make derivative works or otherwise use any Accepted Content for their own business purposes relating to the promotion of the Site, the Accepted Content and their distribution programs, and promote the licensing of the Accepted Content (including, without limitation, the use of the Accepted Content and your registered and unregistered trademarks for marketing, sales and promotional efforts whether on the Site or through third parties). You agree that DSS shall have exclusive rights to design marketing literature for the Accepted Content, at its own expense, and you agree to cooperate in that regard. No compensation shall be due to you for use of the Accepted Content for such business purposes.
Accepted Content may be included in one or more current or future content collections (“Collections”) made available for licensing or distribution by DSS. Your Accepted Content may be made available for licensing through a lower price tier royalty-free Collection of a Distribution Partner only if you opt in to the “Partner Program” category (as may be available from time to time) or other applicable indicator under the preferences panel of your account profile on the Site. Unless otherwise provided for in the upload process or on the Site, your Content may be made available for licensing through a similar or higher price tier Collection of a Distribution Partner as may be determined by DSS from time to time upon notice to you either by posting notice on the Site or otherwise. The price tier of a Collection shall be determined by DSS, acting reasonably, taking into consideration the average comparable pricing on the Site. For all Content that moves into another Collection, the Royalties (defined below) paid to you shall be as set out in the Rate Schedule (defined below). The price tier of a Collection shall be subject to promotions and varying discounts from time to time.
The Parties agree that all rights, including title and copyright, in and to the Accepted Content will be retained by you, and no title or copyright is transferred or granted in any way to DSS or any third party except as provided in this Agreement.
DSS may offer license models through an application program interface (API) or other utility that will make Accepted Content available for use by clients on a high-volume basis. Accordingly, where appropriate, the amount due to you will be determined according to: (a) the ratio of the number of individual items of your Exclusive Content to the total number of individual items of content licensed together; or (b) in DSS’s discretion, the relative value of your individual items of Exclusive Content compared to all other content licensed together with it.
3.3 Non- Exclusive License Grant of Authority
If you elect to grant to DSS a non-exclusive license right then you hereby appoint DSS as your non-exclusive distributor to sell, license or sublicense the Accepted Content to third parties worldwide and to collect and remit funds in connection with those endeavors on the terms set forth in this Agreement. In connection with the Accepted Content, for all non- exclusive license grants of authority you grant to DSS:
- The worldwide right to market and sublicense the right to copy, use, reproduce, distribute, redistribute, sublicense, publish, republish, upload, post, transmit, broadcast, crop, modify, alter, create derivative works of, package, repackage, produce and sell, or publicly perform or display Accepted Content to prospective licensees in any and all media now in existence or that may in the future be introduced: (i) through the Site; (ii) through other venues owned or operated by DSS or its affiliates from time to time; and
- The right to grant perpetual, worldwide, licenses or sublicenses to end-users. DSS will determine the terms and conditions of all licenses of Accepted Content granted by them, but will not use or license Accepted Content for uses that are defamatory, pornographic or otherwise illegal.
In addition to the foregoing grants, DSS may post, reproduce, modify, display, make derivative works or otherwise use any Accepted Content for their own business purposes relating to the promotion of the Site, the Accepted Content and their distribution programs, and promote the licensing of the Accepted Content (including, without limitation, the use of the Accepted Content and your registered and unregistered trademarks for marketing, sales and promotional efforts whether on the Site or through third parties). No compensation shall be due to you for use of such Accepted Content for such business purposes.
Your Content may be included in one or more current or future content collections (“Collections”) made available for licensing or distribution by DSS. DSS will determine the Collection and may subsequently move and license the Content through a Collection on notice to you either through the Site or otherwise. For Content that moves into another Collection, the Royalties (defined below) paid to you shall be as set out in the Rate Schedule (defined below).
The Parties agree that all rights, including title and copyright, in and to the Accepted Content will be retained by you, and no title or copyright is transferred or granted in any way to DSS or any third party except as provided in this Agreement.
DSS may offer license models through an application program interface (API) or other utility that will make Accepted Content available for use by clients on a high-volume basis. Accordingly, where appropriate, the amount due to you will be determined according to: (a) the ratio of the number of individual items of your Accepted Content to the total number of individual items of Content licensed together; or (b) in DSS’s discretion, the relative value of your individual items of Accepted Content compared to all other Content licensed together with it.