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2nd RGNUL Sports and Entertainment Law

RAJIV GANDHI NATIONAL LAW UNIVERSITY, PATIALA

INTRODUCTION:
Good afternoon everyone, I am Moulik Shrivastava.
In house counsel for Moony Pictures.

OPENING STATEMENTS:
Representing as counsel to my client, I can see that it is a matter of pertinence to my
client due to both personal and professional reasons. In fact, I would like to praise the
decision taken by parties agreeing to come for a mediation than going for litigation
proceedings. It would not only be cost effective for both of us, but also will not affect our
reputation; which otherwise would have been affected.

INTERESTS:
In light of the opening statement of my client, I would like to quickly highlight the
interests:
We have certain reasons as to come to mediation:
1. It is really important to my client to transfer movie rights of Webslinger to a
potential party.
2. Accounting the net value of character
3. For my client, to maintain the reputation is a matter of consideration not
only for himself but for the company as well.

Also mentioning, the real decision making authority is my client and I only have an
advisory role.

What are your interests in purchasing the character?


NEGOTIATION​:

1. Transfer of movie rights:


In the best interests of my client and the Wonder Comics, we wish to sell
Webslinger which we previously purchased from you. Therefore it is not to
mention that we had past transactions in our respective account books.
There are two spheres in the transaction:
1. Movie rights and
2. Merchandise rights based on Webslinger

Although Webslinger was a brain child of your excellence, but shaping and
polishing the character with incredible facets was on our forte. Thus we may
claim that we added value to the product. We invested our capital, time and
energy in doing so; therefore we entrust Wonder Comics to obtain the rights to
such character.

Even during two setbacks faced by the company, the sales collection from
merchandise remained still and unaffected. A ray of hope can be anticipated from
our audience concerning the character.

2. Estimating value of Webslinger or Finance:

How much is Wonder Comics willing to pay for the character?

DEALS:

1. After a lot of calculation and assessment, we can finally estimate value of


Webslinger to be 40 Crore Rupees upfront. Also,

a. We have an alternative offer of ​FIRST DOLLAR GROSS i.e.


Collection of revenue from ticket sales ​on the first day of
release​. ​90% collection amount will be held by Moony Pictures and
the rest with Wonder Comics.

b. 30% share in the revenue from movie casting the character and
50% share in merchandise sales collection.

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