The Master Sync License is essential for any entity seeking to legally incorporate musical works into audiovisual productions within the Austrian legal framework. This document is particularly crucial in the modern media landscape where content is distributed across multiple platforms and territories. The agreement needs to comply with Austrian copyright law (Urheberrechtsgesetz) and relevant EU regulations, while addressing the complex requirements of both rights holders and content creators. The Master Sync License provides a comprehensive framework for managing synchronization rights, including detailed specifications about usage permissions, territorial restrictions, fee structures, and credit requirements. It serves as a foundational document for ongoing relationships between music rights holders and content producers, ensuring proper authorization and compensation for the use of musical works in visual media.
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1. Parties: Identification of the rights holder/licensor and the licensee, including full legal names and addresses
2. Background: Context of the agreement, stating the ownership of the musical works and the licensee's intention to use them
3. Definitions: Key terms including 'Musical Work', 'Synchronization', 'Territory', 'Term', 'Project', and other relevant terminology
4. Grant of Rights: Specific synchronization rights being granted, including scope of use and any restrictions
5. Term and Territory: Duration of the license and geographical areas where the rights can be exercised
6. Fee and Payment Terms: License fees, payment schedule, and any additional compensation arrangements
7. Usage Requirements: Specific conditions for how the music can be used, including any technical specifications
8. Credit and Attribution: Requirements for crediting the rights holders in the project
9. Warranties and Representations: Guarantees regarding ownership and right to license the musical works
10. Indemnification: Provisions for liability and compensation in case of breach or third-party claims
11. Termination: Conditions under which the agreement can be terminated and consequences of termination
12. Notices: How and where formal communications between parties should be sent
13. Governing Law: Specification of Austrian law as governing law and jurisdiction provisions
14. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and severability
1. Sub-Licensing Rights: Include when licensee needs right to grant sub-licenses to third parties
2. Digital Platform Rights: Specific provisions for digital/online usage when relevant
3. Moral Rights Waiver: Include when modification of the musical work might be needed
4. Exclusivity Provisions: When exclusive rights are being granted for specific uses or territories
5. Marketing and Promotion: Special terms for promotional use of the musical works
6. Collection Society Provisions: Special provisions regarding collection society rights and payments
7. Additional Language Versions: Include when synchronization will involve multiple language versions
8. Remake Rights: Include when rights for potential remakes or derivative works are needed
1. Schedule A - Musical Works: Detailed list of musical works covered, including composers, publishers, and ownership details
2. Schedule B - Project Details: Specific details about the audiovisual project(s) where the music will be used
3. Schedule C - Fee Schedule: Detailed breakdown of fees, including any territory-specific or usage-specific fees
4. Schedule D - Technical Specifications: Technical requirements for music delivery and usage
5. Schedule E - Credit Requirements: Detailed requirements for crediting rights holders in different contexts
6. Appendix 1 - Approved Usage Examples: Examples of approved uses of the musical works
7. Appendix 2 - Territory Restrictions: Detailed list of any territory-specific restrictions or requirements
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