New York Rights Not Assigned

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Multi-State
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US-OG-487
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Word; 
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Description

In The Rights Not Assigned form, the assignor reserves all oil and gas rights not specifically described in an assignment, and all mineral and leasehold rights at any depths and all rights of ingress, egress, use, occupancy, and any and all other surface rights granted by the Oil and Gas Leases necessary or convenient to exercise and enjoy all oil, gas, mineral, and leasehold rights reserved to assignor.

New York Rights Not Assigned (NRA) is a term commonly used in the publishing and entertainment industries. It refers to a specific clause or condition in a contract where the author or creator of a work does not assign or grant certain rights to the publisher or producer. This clause safeguards the author's control over specific rights associated with their work while still enabling them to collaborate with a publishing or production house. NRA is primarily applied in agreements related to literary works, scripts, musical compositions, and other forms of intellectual property. By invoking New York Rights Not Assigned, the author retains the right to exploit or monetize the intellectual property in ways that are not yet determined or anticipated. It provides authors with flexibility as market trends and technologies evolve, allowing them to reap the benefits of their work in future unforeseen mediums or platforms. There are various types of New York Rights Not Assigned, and they include: 1. Film and TV Rights Not Assigned: This type of NRA ensures that the author retains the rights to license their work for any future film or television adaptations. It assures the author the opportunity to negotiate separate deals for these rights, enabling them to have creative control and a share of any potential profits. 2. Digital Rights Not Assigned: With the ever-expanding digital landscape, this type of NRA allows the author to maintain control over the distribution and licensing of their work in digital formats. Authors can explore new avenues such as e-books, audiobooks, online streaming, or other emerging technologies without being tied to the initial publishing or production agreement. 3. Merchandising Rights Not Assigned: This NRA clause ensures that the author retains the rights to license their work for various merchandise, including apparel, accessories, collectibles, and more. It enables authors to capitalize on the popularity of their work by partnering with companies interested in creating merchandise related to the intellectual property. 4. Foreign Language Translation Rights Not Assigned: Authors may insist on retaining this particular NRA clause to negotiate separate deals for the translation and distribution of their work in different languages or territories. This allows authors to engage with international publishers and reach broader audiences, ensuring their work is available to readers worldwide. In conclusion, New York Rights Not Assigned is a vital stipulation in contracts that safeguard an author's control and monetization options for their intellectual property. It empowers authors to seize opportunities as the market evolves and enables them to negotiate separate deals for film adaptations, digital distribution, merchandise, foreign translations, and beyond.

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FAQ

However, certain contracts cannot be assigned, for example, contracts with personal rights, such as an agreement between an author and a publisher or a sportsperson and their agent. You must obtain consent from all parties to the original contract and the third party agreeing if you want to novate a contract.

The clause that prohibits the assignment of work or service is a valid clause, completely enforceable and does not bear much importance. However, the clause that prohibits the assignment of payment is a more complex clause that affects crucial buying and selling decisions.

Generally speaking, contracts can be freely assigned to third parties. Non-assignment provisions are designed so that contracts cannot be as freely assigned to third parties; or at least, not without first obtaining the contracting counterparty's consent.

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value ...

If the contract is silent on whether or not the benefit of the agreement can be assigned, then in principle, assignment can take place without the other contracted party's consent.

The assignor may assign any right unless (1) doing so would materially change the obligation of the obligor, materially burden him, increase his risk, or otherwise diminish the value to him of the original contract; (2) statute or public policy forbids the assignment; or (3) the contract itself precludes assignment.

Neither party to this Agreement may assign all or any part of the party's rights and obligations under the terms of this Agreement without the prior written consent of the other party.

(The exceptions are (i) contracts that are subject to statutes or public policies prohibiting their assignment, such as intellectual property contracts, or (ii) contracts where an assignment without consent would cause material and adverse consequences to non-assigning counterparties, such as employment agreements and ...

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New York Rights Not Assigned