New Jersey Reservation of A Call on, Or Preferential Right to Purchase Production by Lessor

State:
Multi-State
Control #:
US-OG-820
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

How to fill out Reservation Of A Call On, Or Preferential Right To Purchase Production By Lessor?

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FAQ

Rights Recognized In Majority of States Although many states recognize that everyone has a right of publicity, some only recognize celebrity rights. Many states also recognize a post-mortem right of publicity, with terms ranging from 10 years to 100 years, even as long as continuously used.

In the United States, no federal statute or case law recognizes the right of publicity, although federal unfair competition law recognizes a related statutory right to protection against false endorsement, association, or affiliation.

Common Law - Right of Publicity To establish a common law claim a plaintiff must prove: (1) the defendant used the plaintiff's identity; (2) the appropriation was for defendant's advantage, commercially or otherwise; (3) lack of consent; and (4) resulting injury.

New Jersey's Wiretapping Act requires the consent of at least one party to a conversation before recording an in-person conversation in which a person has a reasonable expectation that such communication is not subject to recording. N.J. Stat. Ann. §§ 2A:156A-2, -3, -4.

There is no New Jersey statute that recognizes a right of publicity. Under New Jersey common law, the right extends to all natural persons, celebrity and noncelebrity alike. The issue of commercial value is relevant only to the question of the amount of damages.

The right of publicity prevents the unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona. It gives an individual the exclusive right to license the use of their identity for commercial promotion.

Penalties for Violating New Jersey's Move Over Law Violation of New Jersey's move over law does not carry any points. A person, however, will be fined between $100 to $500. A person's insurance carrier will also likely increase their motor vehicle insurance as the result of one of these offenses.

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New Jersey Reservation of A Call on, Or Preferential Right to Purchase Production by Lessor