The Exclusive License Agreement Music is designed for situations where a rights holder wishes to grant comprehensive exclusive rights to their musical works to another party in Austria and potentially other territories. This agreement type is particularly crucial when the licensee requires assured exclusive control over the licensed music for commercial exploitation. The document incorporates essential elements required under Austrian law, including detailed provisions for rights transfer, territory definitions, and compensation structures. It addresses both traditional and digital distribution channels, ensuring compliance with the Austrian Copyright Act (Urheberrechtsgesetz) and relevant EU regulations. This agreement is commonly used in professional music publishing, recording, and distribution arrangements where exclusive territorial rights are a key business requirement.
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1. Parties: Identification of the Licensor and Licensee with full legal names and addresses
2. Background: Context of the agreement and brief description of the musical works being licensed
3. Definitions: Detailed definitions of key terms including 'Musical Works', 'Territory', 'Term', 'Net Revenue', etc.
4. Grant of Rights: Specific rights being granted exclusively to the Licensee, including reproduction, distribution, and performance rights
5. Territory and Term: Geographic scope of the license and duration of the agreement
6. Financial Terms: Payment structure, including advances, royalties, accounting periods, and payment methods
7. Obligations of the Parties: Key responsibilities of both Licensor and Licensee
8. Quality Control: Standards for use of the musical works and approval processes
9. Intellectual Property Protection: Provisions for protecting the licensed IP and handling infringement
10. Representations and Warranties: Standard warranties about ownership and right to license
11. Term and Termination: Duration, renewal options, and grounds for termination
12. General Provisions: Standard boilerplate including governing law, notices, and assignment
1. Synchronization Rights: Include when the license covers use in film, TV, or other audio-visual works
2. Digital Platform Requirements: Include specific terms for digital distribution platforms
3. Merchandise Rights: Include when the license extends to merchandise featuring elements of the musical works
4. Sub-licensing Rights: Include when Licensee is permitted to sub-license the rights
5. Minimum Performance Requirements: Include when there are specific exploitation or revenue targets
6. Artist Approval Rights: Include when original artist retains certain approval rights
7. Collecting Society Provisions: Include specific terms relating to collecting society membership and revenue allocation
1. Schedule 1 - Licensed Musical Works: Detailed list of all musical works covered by the agreement
2. Schedule 2 - Territory Definition: Detailed description of included and excluded territories
3. Schedule 3 - Royalty Calculations: Detailed methodology for calculating royalties and revenue shares
4. Schedule 4 - Approved Usage Guidelines: Specific requirements for how the musical works may be used
5. Schedule 5 - Reporting Templates: Standard formats for usage and revenue reporting
6. Appendix A - Required Credits and Notices: Specific credit requirements and copyright notices to be used
7. Appendix B - Quality Control Procedures: Detailed processes for approval of uses and quality maintenance
Relevant legal definitions
Clauses
Relevant Industries
Music and Entertainment
Digital Media
Broadcasting
Film and Television
Gaming
Advertising
Digital Technology
Live Events
Retail and Merchandising
Mobile Applications
Relevant Teams
Legal
Business Affairs
Rights Management
Licensing
Digital Distribution
Royalties and Finance
Content Acquisition
Business Development
Copyright Administration
Contract Management
Relevant Roles
Music Rights Manager
Legal Counsel
Copyright Administrator
Business Development Director
Music Publishing Executive
Licensing Manager
A&R Director
Digital Distribution Manager
Music Supervisor
Contract Administrator
Intellectual Property Lawyer
Content Acquisition Manager
Music Industry Consultant
Royalty Manager
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