Licence
Shown below is an example of the licence agreement. When you download your order you will receive a PDF copy of this agreement, alongside your MP3 files, personalised for your purchase.
Music2license.com
Music Licence Agreement
Please read carefully the terms and conditions of the licence agreement before buying a licence for a music download. You will be asked to click on the "Agree to Music Licence" box before placing an order. By doing this you will be agreeing to be bound by all the terms and conditions in this music licence agreement.
Definitions
In this licence agreement:
References to 'we' shall mean Music2licence.com.
References to 'the licensee' shall mean the named individual or company to whom Music2license.com grants the licence. If the licensee is a company it will include its subsidiaries, holding companies and subsidiaries of holding companies, as defined in the Companies Act 1985 or any successor legislation to that act.
References to 'the music' shall mean the copyrighted musical work or works downloaded from this website named below for which the non-exclusive licence has been granted.
References to 'the composer' shall mean the creator and copyright owner of the music named below.
References to 'the end user' shall mean the production company (if not the licensee), broadcaster or performer of the production incorporating the music.
The following will constitute a music licence agreement on this the [day] day of [month] [year] between:
Music2licence.com
of
40 Broad Street, Carlisle, Cumbria, CA1 2AQ
and
[the licensee]
of
[address]
for
[music title or titles]
composed by
[composer's name]
Fee £
The music licence
On receipt of the fee stated above, we grant the licensee a non-exclusive licence to use the music stated above in accordance with the terms of this agreement. This is a non-exclusive licence agreement and the copyright remains with the composer.
1. Uses permitted under this licence
1.1 The licensee is granted synchronisation rights and may use the music in film, television, radio, theatre, commercials, web and multimedia productions, games or any other production that involves the music being synchronised with other audio and/or visual images.
1.2 The licensee is granted unlimited mechanical rights of the music. That is to say there are no restrictions in the amount of copies that the licensee wishes to make in relation to the duplication of any format containing audio or audio-visual productions incorporating the music. This includes: DVDs, CDs, CD-ROMs, video tapes, computer games or any other format whether for sale or rental to the public or not.
1.3 The licensee may edit the music as they wish to suit their production. This includes looping, lengthening, shortening and fading.
2. Licence limitations
2.1 The licensee may not use or resell the music as a stand-alone item. The music must be incorporated into a production and synchronised with other audio and/or visuals.
2.2 The licensee may not add lyrics or music to the music to create a derived musical work.
2.3 The licensee may not share, transfer or resell this licence to any other parties.
2.4 The licensee may not use the music in any way which encourages or is associated with illegal or illicit activities.
3. Company warranties
3.1 We confirm that we have the authority to enter into this agreement and the right to grant this music licence.
4. Licensee warranties
4.1 The licensee shall not make alterations to the music to the extent that the music becomes unrecognisable when compared with the original.
4.2 The licensee shall not distort or mutilate the music in a derogatory fashion which could damage the reputation of the composer.
4.3 The licensee shall not claim ownership of the music after making any alterations to the music to suit their production.
5. Intellectual property
5.1 This licence agreement does not grant the licensee any right to ownership of any intellectual property rights in the music. The copyright in the music is owned by and will remain with the composer.
6. Performing rights
6.1 This licence does not cover performing rights.
6.2.1 If the music is included in a production that is to be performed publicly, whether by broadcast via television, radio, web streaming, podcast or any other means, or played in a cinema, theatre or to any other paying audience, the licensee will inform the end user of the copyright owner’s name (the composer) and the music details (title and duration used) via music cue sheets. The end user will forward these cue sheets to the relevant performing rights collection organisation. This is to ensure that any performance royalties generated by the music will be paid to the composer by the relevant performing rights collection organisation.
6.2.2 If the music is included in a production that is to be performed publicly and the licensee is the end user, they must obtain the appropriate licence from and submit cue sheets to the relevant performing rights collection organisation.
7. Exclusivity
7.1 This licence is granted on a non-exclusive basis.
8. Territory
8.1 The territory covered by this licence is the world.
9. Term and termination
9.1 The term of this licence will continue until the copyright in the music expires (70 years after the end of the calendar year in which the composer dies) subject to clause 9.2.
9.2 We have the right to terminate this music licence agreement if the licensee breaches any term of this music licence agreement.
9.3 If we become aware of any breach of warranties given to us by the composer resulting in an infringement concerning the music to any third party rights or agreements, the licensee will be informed and the licence terminated. The licence fee will be refunded in full to the licensee.
10. Limitation of liability
10.1 We, Music2license.com, make no warranty or representation, express or implied, except that it warrants that it has the right to grant this music licence (clause 3.1). The total liability of Music2license.com under this agreement shall be limited to that part of the fee paid by the licensee to Music2license.com for the licence. You hereby agree that this licence is granted to you without any other warranty or recourse.
10.2 The licensee acknowledges that we are reliant upon the warranties given to us by the composer that the music does not infringe any third party rights or agreements. Music2license.com will not be liable for any infringements in this respect.
10.3 The licensee agrees that they will fully and effectively indemnify us against all costs, claims, expenses and damages including legal fees which may occur as a result of the licensee breaching any term or condition of this music licence agreement.
11. General provisions
11.1 The licensee and Music2license.com both agree to be governed by English law if any dispute arises concerning this music licence agreement and the courts of England and Wales will have exclusive jurisdiction.
11.2 If any term or terms of this agreement are declared invalid, unenforceable or void, the remaining terms shall not be affected and shall continue to be in full force and effect.
11.3 This agreement supersedes any previous agreements between the licensee and Music2license.com relating to the subject matter of this agreement and establishes the entire agreement and understanding of the parties.
11.4 Any amendments or variations to this agreement will not be valid unless approved by both parties and an additional document stating the amendments or variations is signed by both parties.