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PURCHASING A BEAT(S) UNDER A NON-EXCLUSIVE LICENSE
Terms of Non-Exclusive License
"Licensee" understands that the
"Licensor" remains the 100% copyright owner of the "beat"
and may sell/re-sell the same non-exclusive license in this agreement to as
many other customers as desired.
All rights granted to the "Licensee" must strictly
adhere to the terms outlined in this agreement, which immediately become in
effect once payment is complete.
Rights Granted By "Licensor" to
"Licensee":
1. The universal, non-exclusive and non-transferable right
to make one (1) recording (track/song - "New work") using the newly
purchased "beat" (license), as long as the "beat" is ALWAYS
accompanied by an audio/visual contribution (i.e. vocal recordings) added by
the "Licensee". The "Licensee" has NO permission to
sell/re-sell the "beat" and/or it's license whatsoever, under any
circumstances.
"New Work": The definition of a "new
work" on the site RapInstrumental.net specifically means that the
"beat" has been modified by the addition and/or contributions of the
"Licensee" (such as recording vocals over the beat), which makes it a
"derivative" of the original copy of the beat, therefor it is deemed
as a "new work". A "new work" is also commonly referred to
as a "track" or "song".
2. The non-exclusive right to use the recording (track/song
- "new work") on a demo or mixtape for promotional and commercial
purposes, in accordance with the following terms outlined below:
(I) The non-exclusive right to commercially release and
distribute the "new work", either digitally (as an mp3) or through
physical means (CD's), limited to 5,000 units/copies combined. The recording of
the "new work" can also be "streamed" (previewed or
listened to) on "social media websites" such as MySpace.com,
SoundClick.com, etc. After 5,000 units/copies of the "New Work" have
been released and distributed, the "Licensee" is legally required by
law to contact the "Producer/Licensor" regarding additional required
payments (mechanical royalties) for monies earned by the "new work"
contained in this "license". A new agreement must be created between
the "Licensor" and "Licensee" to fairly negotiate the
division of mechanical royalties earned by the "new work" contained
in this agreement. "Licensee" may only transfer (sub-license) their
rights in the "new work" to a music distributor, only AFTER written
consent has been obtained by the original creator of the "beat" (the
"Producer/Original Licensor").
(II) The non-exclusive right to publicly perform and
broadcast (either digitally through mediums such as the internet, or via
radio/sattelite radio) the "new work", providing that the "new
work" must first be registered with a Performance Rights Organization
(such as ASCAP, BMI or SESAC). "Licensee" is legally required to
grant the "Producer/Licensor" 50% of the writer's share of ALL
performance and broadcast royalties earned from the performance and/or
broadcast of the "new work". "Licensee" must provide
correct and accurate information to the Performance Rights Organization, so
that the "Licensor" may collect on any and all royalty payments that they
may be entitled to.
(III) "Licensee" must obtain written permission,
as well as pay any additional synchronization fee(s) for synchronizing the
"beat" to an audio/visual work such as moving/motion pictures, a
music video, a short, television program, or any
films/movies."Producer(s)/Licensor(s)" are legally entitled to create
a seperate "synchronization license agreement" with the
"Licensee" for the division of monies (royalties) earned from the
synchronization of the "new work" containing the "beat".
(IV) It is the sole responsibility of the
"Licensee" to clear the use of any "samples" which contain
copyrighted "works" by another person/party, before distribution of
the "new work" can occur. Any and all contributions made by the
"Licensee" to the "new work" must be 100% original and must
not infringe upon the copyrights held by any other person/party. If the
"new work" does in fact contain "samples" which are
copyright protected by law, then the "samples" must be completely
cleared before the "new work" can be released and distributed.
(V)All use of the "new work" (song) must clearly
give accurate credit to the "Producer/Licensor" of the beat. Credit
MUST be given and written like so: "Title of Recording/Track" -
(Artist/Group Name), Produced by: "Producer
Name"/"Licensor" of www.RapInstrumental.net/"Producer
Name"
PURCHASING A BEAT(S) UNDER AN EXCLUSIVE LICENSE:
Terms of Exclusive License:
"Licensee" understands that the
"Licensor" remains the 100% copyright owner of the "beat".
The "Licensor" is now legally bound from selling/re-selling the same
exclusive (or even non-exclusive) license sold in this agreement to any other
customers. All rights granted to the "Licensee" must strictly adhere
to the terms outlined in this agreement, which immediately become in effect
once payment is complete.
Rights Granted By "Licensor" to
"Licensee":
1. The universal, exclusive and transferable right to make
one (1) recording (track/song - "New work") using the newly purchased
"beat" (license), as long as the "beat" is ALWAYS
accompanied by an audio/visual contribution (i.e. vocal recordings) added by the
"Licensee". The "Licensee" has NO permission to
sell/re-sell the "beat" and/or it's license whatsoever, under any
circumstances.
"New Work": The definition of a "new
work" on the site RapInstrumental.net specifically means that the
"beat" has been modified by the addition and/or contributions of the
"Licensee" (such as recording vocals over the beat), which makes it a
"derivative" of the original copy of the beat, therefor it is deemed
as a "new work". A "new work" is also commonly referred to
as a "track" or "song".
2. The universal, transferable and exclusive right to make a
recording (track/song - "new work"), using the newly purchased
"beat" on a demo, mixtape, or album for promotional and commercial
purposes, in accordance with the following terms outlined below:
(I) The right to commercially release and distribute the
"new work", either digitally (as an mp3) or through physical means
(CD's), without limitation to the number of units/copies. Once $250,000
(two-hundred-and-fifty thousand U.S. dollars) have been earned by the "new
work", "Licensee" is obligated to create a new license agreement
with the "Licensor" to fairly and properly distribute the mechanical
royalties that both parties ("Licensor" & "Licensee")
are entitled to. The universal and exclusive right to use the "beat"
is transfered from the "Licensor" to the "Licensee" for the
purposes of creating a deriviative work ("new work").
(II) The exclusive right to publicly perform and broadcast
(either digitally through mediums such as the internet, or via radio/sattelite
radio) the "new work", providing that the "new work" must
first be registered with a Performance Rights Organization (such as ASCAP, BMI
or SESAC). "Licensee" is legally required to grant the
"Producer/Licensor" 50% of the writer's share of ALL performance and
broadcast royalties earned from the performance and/or broadcast of the
"new work". "Licensee" must provide correct and accurate
information to the Performance Rights Organization, so that the "Licensor"
may collect on any and all royalty payments that they may be entitled to.
(III) "Licensee" must obtain written permission,
as well as pay any additional synchronization fee(s) for synchronizing the
"beat" to an audio/visual work such as moving/motion pictures, a music
video, a short DVD, television program, or any films/movies.
"Producer(s)/Licensor(s)" are legally entitled to create a seperate
synch' license agreement with the "Licensee" for the division of
monies (royalties) earned from the synchronization of the "new work"
containing the "beat".
(IV) It is the sole responsibility of the
"Licensee" to clear the use of any "samples" which contain
copyrighted "works" by another person/party, before distribution of
the "new work" can occur. Any and all contributions made by the
"Licensee" to the "new work" must be 100% original and must
not infringe upon the copyrights held by any other person/party.
If the "new work" does in fact contain
"samples" which are copyright protected by law, then the
"samples" must be completely cleared before the "new work"
can be released and distributed.
(V) All use of the song must clearly give accurate credit to
the "Producer"/"Licensor" of the beat. Credit MUST be
given, written like so: "Title of Recording/Track" by (Artist/Group
Name), Produced by: (Name of "Producer/Licensor") of
www.RapInstrumental.net/(Producer Name)
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