The following is an Agreement between the parties ("Licensor") and ("Licensee") indicated in section Draft 10 of this document. This Agreement shall be Draft effective (the "Effective Date") as of the date designated by the Licensor and indicated in Schedule A of this agreement. Definitions: The following terms in thisDraft Agreement shall have the meaning as defined below: a. "Effective Date" - The date on which this Agreement takes effect as determined by the date Indicated in Schedule A of this Agreement;
- "Restrictions" Specific restrictions on use of the work as indicated in Draft A of this agreement
- "Royalties" Performance royalties which are generated each time a work is performed in public or performed (broadcast) on television or radio.
- "Work" Song, Backing Track, Beat, Draft, Arrangement, Instrumental, Lyric.
- Licensor's Grant of Rights:
- Compensation:
License Types
Digital Download
-
- If the purchased Draft is a 'Digital download', indicated 'Download' in schedule A of this agreement, the work can be used privately, i.e., It must not be copied or distributed in any way. The licensor retains All rights of ownership.
Cover Version
-
- If the purchased license is a 'Cover Version', indicated 'Cover Version' in schedule A of this agreement, the work may be made into a Draft (rerecorded) version of the original song or lyric.
- Draft
- of reproduction on to CD or for digital downloading is granted at the rate of 9.1 cents per copy or download.
-
-
- Making a cover
- rerecorded) version of the original song or lyric and selling as a CD or digital download.
-
-
- Right to public performance is NOT granted.
-
-
- Right to sync with video/
- content is NOT granted.
-
-
- Right to any form of Internet broadcasting is NOT granted.
-
-
- Right to use on Radio and Television
- and for any form of Radio or Television advertising is NOT granted
-
-
- Right to reproduce onto DVD is NOT granted.
-
-
- The licensor retains
- All rights to the original song or Lyric.
-
Standard License
-
- If the purchased license is a 'Standard License', indicated 'Standard License' in schedule A of this agreement, the work may be used forDraftall non commercial and limited commercial application worldwide. The work may be used for a single application only. A separate license is required for each additional application of the work.
-
- Right to public performance is granted.
-
- Right to sync with video/visual content is granted.
-
-
- Right to Internet
- is granted.
-
-
- Using in a video and uploading to Youtube or other video sites
-
- Internet use
- Draft
-
- Corporate presentations
-
- Live performances
-
- Audio/Visual Presentations
-
- Ring tones
-
-
- Music
- hold
-
-
- Background Music
-
- Educational Use
-
-
- Copying to
- and Digital downloading is restricted to 1000 copies/downloads.
-
-
- Right to reproduce onto DVD is NOT granted.
-
-
- Right to use in Radio and Television broadcasts
- for any Radio or Television advertising is NOT granted.
-
-
- Right to use in Film, Games, or Musical Theatre productions is Not granted.
-
-
- If a lyric and combining with audio to create a completely new song, the purchaser (licensee) must credit the licensor (lyricist) as a Co /writer of the song,
- grant a 25% writing share of the new song.
-
-
-
- Crediting of the songwriter
- and lyricists on all advertised titling, programme notes, video, packaging Information, etc is legally required, in this format:
-
-
-
- For Songs, titling
- read as follows:
-
-
- For Instrumentals / Backing tracks/ Beats:
-
- For Lyrics only:
-
-
- *It is strictly forbidden to attempt to re-license the
- song to any third party. All rights to the song remain with the seller (licensor)
-
- A 'Standard License' is a 'non-exclusive' agreement, the Licensor (seller) retains All rights to the song or lyric .
Extended License
If the purchased license is an Draft License , indicated 'Extended License' in schedule A of this agreement, the work may be used for all non commercial and most commercial application worldwide. Rights Granted All rights as per a 'Standard License' (above), plus these additional rights are granted: Right of reproduction on to CD or for digital Draft up to 2000 copies is granted. Right to reproduce on to DVD is permitted up to 1000 copies (For further copies, please contact us first to discuss your requirements). Right to use in Radio and Television broadcasts and for Radio and Television advertising purposes is granted. *Conditional Rights to use in Film, Draft Games, Animation, and Musical Theatre are granted subject to conditions. Please contact us first to discuss your requirements for such use. Suitable for: Full commercial use Radio Draft (Adverts) TV Commercials (Adverts) TV Shows *Conditional Right to use in Film, Animation and Musical Theatre **Please contact us first to discuss your requirements for such use. If a lyric and combining with audio to create a completely new song, the purchaser (licensee) must credit the licensor (lyricist) as a Co /writer of the song, and grant a 25% writing share of the new song. Crediting Artists Crediting of the songwriter and lyricists on all Draft titling, programme notes, video, packaging Information, etc is legally required, in this format: For Songs, titling should read as follows: "Music and Lyrics by (artist name)". For Instrumentals / Backing tracks/ Beats: "Music by (artist name)." For Lyrics only: "Lyrics by (artist name). *It is strictly forbidden to attempt to Draft-license the song to any third party. All rights to the song remain with the seller (licensor) An 'Extended license' is a 'non-exclusive' agreement, the Licensor (seller) retains All rights to the song or lyric.- Reservation of Rights and Ownership of Copyright:
Warranties and Representation of Licensor: DraftThe Licensor, (and each individual listed in Licensor Identification who have signed this Agreement) hereby Draft warrant and represent that:
a. They have all the necessary rights and authority to enter into this Agreement and grant all of the rights herein;
b. None of the Works designated by Licensor for use by Licensee under this DraftAgreement violate or infringe the proprietary or contractual rights of any third party;
c. Licensor has no agreements or Draft understandings with any third party that would allow such third party to make a claim for payments by Licensee for any of the rights granted herein;
d. During the term of this Agreement, Licensor has not, nor will not, enter into any other agreement that would prohibit or restrict the rights granted to Licensee herein;
Draft 5. Indemnity: The Licensor agrees to indemnify Licensee and their respective officers, directors, employees, agents, and contractors from and against any claims, actions, suits, damages, liabilities, costs, and expenses (including reasonable legal expenses), relating to or arising from: (i) any breach or Draft breach by Licensor of this agreement or undertakings hereunder, (ii) Draft negligence, misinterpretation or willful misconduct by Licensor Draft entering into this agreement, (iii) failure of representations made by Licensor in this Agreement to be true and accurate, (iv) any claims by a third party that the Licensor's work violate or infringe their proprietary or contractual rights and by consequence, are mistakenly directed at Licensee.
TheDraftLicensee agrees to indemnify Licensor and their respective officers, directors, employees, agents, and contractors from and against any claims, actions, suits, damages, liabilities, costs, and expenses (including reasonable Draft expenses), relating to or arising from: (i) any breach or alleged breach by Licensee of this Agreement or undertakings hereunder, (ii) any negligence, misinterpretation, willful misconduct,Draftor illegal behavior by Licensee in the application of this Agreement, (iii) any claims in connection with the marketing, promotion, sale, distribution, or use of Licensed work, including noncompliance with or violation of international, national, state, local, or municipal rules, laws, codes.
6. TERMINATION: Draft
Licensor shall have the right to terminate this Agreement and terminate Licensee's right to use Licensor's Intellectual Property immediately upon breach of this Agreement by Licensee. Upon termination, Licensee shall cease using the Intellectual Property and shall return to Licensor all copies of the Intellectual Property. Termination of this Agreement shall not limit Licensor from pursuing any other remedies available to it,Draft including, but not limited to, injunctive relief, nor shall termination relieve Licensee of its obligations to pay Draft Licensor all License Fees and other sums accrued prior to the effective date of termination.
7. Licensor's Designation and Delivery of its Works:
Licensor shall designate which of its musical compositions, i.e., Songs, Instrumental compositions, backing tracks, samples, beats or lyrics shall be considered Works under this Agreement. Such designation shall be indicated in Schedule A of thisDraftagreement. The delivery of Licensor's Works to Licensee shall beDraft via digital or physical means in an audio format acceptable to Licensee. Licensee shall make Draft available to Licensor all the information necessary for Licensor to be able to effect a successful delivery of its Works.
8. Licensor's Credit for a Licensed Use:
In the event that a Licensee uses a Work for a Licensed Use, Licensee will make all best efforts in appropriate circumstances to properly Draftcredit Licensor's artist name in the titling of Licensee's video/film/program/recording or wherever the Licensor's Work is being used.
9. General: Draft
a. This Agreement shall ensure to and be binding upon the parties
b. In the event that any provision(s) of this Agreement are held to be illegal or otherwise unenforceable, such provision(s) shall be considered to be severed from this Agreement and the balance of the Agreement shall remain in full force and effect.
c. The waiver of any term or condition of this Agreement by Draft party in any individual circumstance shall not be construed as a waiver of the similar term or condition for any future circumstance;
d. This Agreement shall be governed by, and construed and enforced in accordance with the laws of England and DraftWales; and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Draft Agreement.
e. Both Licensor and Licensee acknowledge having fully read this Agreement and have either consulted with legal counsel, or have voluntarily declined the right to legal counsel being satisfied that they both fully understand and accept the terms of this agreement.
10. By requesting that their names be added to the following section, the parties are indicating their acceptance of this Agreement.
The following person or persons are collectively known as the Licensor: Draft Name: Seller's name to go here
Address: Seller's address to go here
Email: Seller's email address to go here
Licensee Name: Buyer's name to go here
Address: Buyer'sDraftaddress to go here
E-mail Addess: Buyer's email address to go here.
Draft
Schedule A Effective Date (Date of acceptance between buyer and seller) Date of sale to go here
Work Details
Title of Work(s)
Song or Lyric title to go here
Type of work Listing description to go here either:
Song, Instrumental,DraftSample, Backing track, Beat
Territories
Worldwide
Term
Unlimited
Compensation
Purchase fee toDraftgo here
Copyright Exchange:
Assignment of Copyright Agreement
DraftThe following is an Assignment of Copyright between the parties (Assignor and (Assignee).
The Assignor owns the Assignment Draft Rights, and has agreed to assign the Assignment Rights to the Assignee on the terms of this Assignment.
This Agreement shall be deemed effective as of the Effective Date, indicated on this Agreement.
PARTIES:
(1) COMPANY DraftNAME or Artist Name or Family Name, (Artist name to go here)having its address at [Artistaddress to go here] (the Assignor); and
2) COMPANY NAME or Artist Name or Draft Family Name, (Buyers name to go here)Having its address at [Buyersaddress to go here] (the Draft).
AGREEMENT:
- Definitions and interpretation In this DraftAssignment:
Assignor- the person or persons named in the section designated who own, control and administer all of the Draftcopyright and intellectual right to the work.
Assigneeť - Entities who are assigned Draft ownership, control and administration of all the copyright and intellectual right to a work.
Assignment Rights means all copyright and other Draft DraftProperty Rights in the Works[excluding the Excluded Rights];
Assignmentť means this Draft assignment of all copyright and other Intellectual Property Rights.
[ExcludedDraft Rightsť means [all Rights specified in Part A of the Schedule.
Intellectual Property Rightsť means all intellectual property Draftrights wherever in the world, whether registrable or unregistrable, and whether registered or unregistered, including any application or Draft right of application for such rights relating to the work.
Schedulemeans the schedule attached Draft this Assignment.
Work means the copyright works Draftspecified in Section 1 of this Agreement.
"Effective Date" means the date the assignment comes into effect.
- Assignment
For and in consideration Draftof the sum of ___Agreed sale fee to go Draft
receipt of which is hereby acknowledged, the Assignor
does (do) hereby sell, and forever assign, Draft and set over to the assignee, the title, interest and copyright(s) vested and contingent in and to the following work:
Work
Title: Title of song or lyric to go here
Description: either "Song, Instrumental, Draft Track, Beat or Lyric"to go here
Author/Composer: Sellers name to go here
Drafttogether with any and all assignor's rights of every kind, nature or description attaching to or which may attach to the said work withoutDraftreservation or exclusion.
The Assignor agrees that the Assignee shall from here on own the Draftsaid copyrights in the Work, and may benefit and dispose of these rights in any way and at his/her sole discretion.
- Warranties
The Assignor warrants to the Assignee:
(a) that it has the Draftlegal right and authority to enter into and perform its obligations under this Assignment;
[(b) that it is the sole owner of all right, title and Draft in the Assignment Rights; and
(c) that there are, at the date of Draftthis Assignment, no subsisting licences of any Assignment Rights, and no subsisting agreements for the licensing of anyAssignment Rights.
(D) That None of the Works designated by Assignor in this Agreement violate or Draft infringe the proprietary, copyright, Intellectual or contractual rights of any third party.
(E) That it has no Draft or understandings with any third party that would allow such third party to make a claim for payments from Assignee for any of the rights granted herein.
Draft All of the parties' liabilities and obligations in respect of the subject matter of this Assignment are expressly set out in the terms of this Assignment to the maximum extent permitted by applicable law, no other terms Draft concerning the subject matter of this Assignment will be implied into this Assignment or any related contract.
- Indemnity
The Assignor hereby Draftindemnifies the Assignee and undertakes to keep the Assignee indemnified against any and all damages, liabilities, losses, costs and expenses (including legal expenses and amounts paid in settlement Draft of claims upon legal advice) arising out of or as a result Draft of any breach by the Assignor of any term of this Assignment.
Specifically, The Assignor agrees to indemnify Assignee and their respective officers, directors, employees, agents, and Draftcontractors from and against any claims, actions, Draftsuits, damages, liabilities, costs, and expenses (including reasonable legal expenses), arising out of alleged breach or breach by assignor of this Draft agreement, and/or arising out of any claim by a third party that Assignor's Work/s violate or infringe their proprietary rights, intellectual Draftrights, contractual rights or copyrights. In the event of such a claim, Assignee retains the right to take all final decisions in all matters surrounding the claim including any settlement. In addition, upon receipt of such a claim, Assignee shall have the right to withhold any payments due to Assignor or demand a Draftrefund from Assignor for any payments already made to Assignor under this Agreement.
- General
4.1 This Assignment Draftwill be governed by and construed in accordance with the laws of England and Wales; and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Assignment.
4.2 Both Assignor and Assignee acknowledge having Draft fully read this Assignment and have either consulted with legal counsel, or have voluntarily declined the right to legal counsel being satisfied Draftthat they both fully understand and agree to this entire Assignment.
By requesting that theirDraft names be added to the following section, and by the voluntary transferring of funds by Assignee (Paypal account:. Buyers's Paypal address to go here........) Draft assignor (Paypal account: Sellers's Paypal address to go here......Draft....) for the agreed sum of: (Sale fee to go here...), the parties indicate their acceptance of this Assignment. EXECUTION:
Name of Assignor [Sellers name Draft go here]
Name of Assignee [Buyersname Draft go here]
Effective Date: (Date of Draft transfer to go here)
The Schedule
Part A -Excluded Draft rights
