Contractual Clause Exclusion Guidance

Summary

The EU Digital Markets Act (DMA) aims to ensure fair competition and consumer protection in digital markets. To exclude DMA provisions in a contract, consider adding a clause that explicitly states the exclusion of any obligations under the DMA. The provided draft clause suggests that the agreement explicitly excludes any obligations or restrictions under the DMA. It is advisable to have this clause reviewed by a legal professional to ensure it aligns with the specifics of your contract. Consulting a legal professional is recommended for further assistance, especially given the international aspects of your project.

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Could I give you the paragraph and you tell me if I need to either *. Delete something, or *. include an affirmative exclusion clause?
Sure, feel free to share the paragraph with me, and I'll provide you with some guidance!
(f) Without prejudice to the agreement of the parties hereto this agreement constitutes a full buyout of all the rights entitlements and interests of the Artist in relation to the Film made pursuant to this agreement and that five percent (*%) of the within consideration represents equitable remuneration for the purposes of any rental or lending rights which may be vested in the Artist his/her licensees and assigns by the laws of this or any other jurisdiction which rental and lending rights in respect of the Film are hereby irrevocably and unconditionally granted and assigned to the Production Company worldwide in all media now known or to be invented for the full period of such rights and to the extent possible in perpetuity. (more in next message)
It looks like you’re dealing with a complex contractual clause. To address the lawyer's comment about excluding EUDMS provisions, you may consider adding a clause that explicitly states the exclusion of any obligations under the EU Digital Markets Act. Would you like guidance on drafting such a clause?
Nothing in this agreement however shall prevent the Artist from being entitled to receive equitable remuneration in respect of rental and lending rights under collective or other agreements negotiated by recognised collection societies under the laws of any jurisdiction. This does not imply any obligation on the Production Company’s part or on the part of its distributors, sales agents, licensees and assigns regarding the collection of such monies.
Case Rating: *
The paragraph you've shared outlines the rights and entitlements related to rental and lending rights for the Artist. To address the EUDMS provisions, you may consider the following:
- *. Exclusion Clause: If you wish to exclude EUDMS provisions, you might add a clause explicitly stating that the agreement does not intend to impose obligations related to the EU Digital Markets Act.
- *. Affirmative Clause: Alternatively, state that the agreement complies with relevant laws, excluding specific obligations under the EUDMS, if applicable.
Would you like further assistance or more detailed legal guidance on this matter?
could you draft an exclusion clause for me that would apply?
Case Rating: *
To address your request, here's a draft exclusion clause that you might consider incorporating into your contract:
Exclusion of EU Digital Markets Act Provisions:
"This agreement explicitly excludes any obligations or restrictions that may arise under the EU Digital Markets Act (DMA). The parties agree that the provisions of the DMA shall not apply to this agreement or the parties' obligations hereunder."
This is a general clause and should be reviewed by a legal professional to ensure it fits the specifics of your contract. Would you like any further assistance?
thanks!
Case Rating: *
It seems like your inquiry involved contractual adjustments concerning the EU Digital Markets Act. The guidance provided included drafting an exclusion clause for the DMA. If you need further assistance or legal advice, especially considering the international nature of your project, consulting a legal professional might be beneficial. Let me know if there's anything else you need!