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The fundamental engagement of the editorial, design or post production company is to create, assemble and deliver one or more finished commercials, spots or other media to the agency or client. The agency or client buys only the finished media, not any intermediate data or materials that may be generated and used by the editorial, design or post production company to create the finished media.

Accordingly, at the conclusion of the engagement, the agency or client is entitled to possession of all of the original elements delivered to the editorial, design or post production company by the production company or other third parties on behalf of the agency or client and to a master recording or master data file of the finished media.

All intermediate materials created by the editor, artist or designer, including but not limited to transcodes, project files, selects bins, rough cut bins, versions bins, audio bins, graphics bins and all other metadata files created by the editor, artist or designer, constitute the exclusive property of the editorial, design or post production company. The agency or client is not entitled to possession of these intermediate materials and acquires no rights with respect thereto.