“Ancillary/Commercialization/Merchandising Rights” means the right to adapt or use the Work, or any part thereof or any characters therein, as or on products or as logos or trademarks for products, including but not limited to the production, sale and license of character models. “Audio Rights Sound-Reproduction Rights ” means the right to create, to publish and to use the Work, in full-length or in abridged, condensed or adapted form, in non-dramatic readings and non-dramatic sound recordings for all mechanical, electronic, visual and sound reproduction technologies now known or hereafter invented, together with introductory, concluding, transitional and narrative material, as well as synchronized background music and/or other incidental or background sounds, whether in the form of records, tape recordings, sound cassettes, compact discs, electronic media or other technologies now known or hereafter devised (“Audio Editions”).
“Book Publication Rights” means the exclusive right to publish the Work in any print book format (including, but not limited to, hardcover and mass-market and trade paperback), as well as to publish in any other edition, format, or version described in Section 1.
“Dramatic Rights” means the right to adapt or use the Work, or any part thereof or any characters therein, for any dramatic production or stage performance.
“Film Rights” means the right to adapt or use the Work, or any part thereof or any characters therein, for a motion picture or animated film, whether for theatrical or other distribution by any means now or hereafter known (including, without limitation, streaming to computers, tablets and phones, and via mobile applications).
“First Serial Rights” means the rights to use all or any portion of the Work in the English language in newspapers, magazines and other periodicals (whether in one or more issues) before the date the Work is first available for sale to the public in book form, including the right to create for such usage abridged, adapted and condensed versions of the Work.
“Game Rights” means the right to make games adapted from the Work, including games that may be based on the principal characters, the fictional setting/world and/or events, including but not limited to tabletop and board games and electronic games, including video games and mobile applications.
“Graphic Book Rights” means the rights: (i) to create (or have created) Graphic Books in all languages based on the Work and to publish those Graphic Books in book form; (ii) to publish and to use those Graphic Books (as well as text, art or other excerpts from those Graphic Books) in electronic media and in any other form or media, and to exercise and exploit in connection with those Graphic Books the same additional and subsidiary rights that are granted to the Publisher by this Agreement in the Work; and (iii) to use the title of the Work in connection with, and in the advertising, promotion and publicity for those Graphic Books. A “Graphic Book” as used anywhere in this Agreement means a work derived from the Work consisting of vignettes and sequential art with captions, boxes and/or bubbles of text (which text may be original, adapted from the Work and/or taken verbatim from the Work, and will include any Alt-text where needed). Graphic Book Rights include, without limitation, the right to incorporate plot elements, characters, fanciful places, situations, facts, ideas and events taken or derived from the Work into a Graphic Book and to otherwise alter the Work, its characters, title, and fictional world as the Publisher deems fit for adaptation and marketing in such medium.
“Net Revenue” means the revenue actually received by Publisher from Royalty Sales or Licensing Sales, as applicable.
“Performance Marketing Sales” means the sale of any edition of the Work (including, without limitation, hardcover, trade and mass-market paperback, electronic or ebook, or audio editions) directly or indirectly through any method of performance marketing now or hereafter known, including, but not limited to, Facebook Ads, Outbrain Ads, Bookbub Ads, Twitter Ads, Amazon Ads, etc., or through marketing to customer contacts acquired by means of performance marketing.
“Publishing Date” means the date on which Publisher first receives any Net Revenue hereunder.