The Song License Agreement is essential for businesses and individuals seeking to legally use musical works in Australia. This agreement is commonly used when a party wishes to obtain rights to use copyrighted musical works for specific purposes such as commercial use, broadcasting, or digital distribution. The document complies with Australian legal requirements, particularly the Copyright Act 1968 (Cth) and related regulations, and includes provisions for royalty payments, usage restrictions, and territorial limitations. It's particularly relevant in today's digital age where music licensing has become increasingly complex and requires careful consideration of various rights and usage scenarios. The agreement helps protect both the rights holders and licensees while ensuring clear terms for the commercial exploitation of musical works.
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1. Parties: Identification of the licensor (rights holder) and licensee, including full legal names and addresses
2. Background: Context of the agreement, confirmation of ownership/right to license the musical work(s)
3. Definitions: Key terms used throughout the agreement, including 'Musical Work', 'Territory', 'Term', 'License Fee', etc.
4. Grant of License: Specific rights being granted, including type of use, territory, and duration
5. License Fee and Payment Terms: Fee structure, payment schedule, reporting requirements, and audit rights
6. Term and Termination: Duration of the agreement, renewal options, and circumstances for early termination
7. Warranties and Representations: Promises by both parties regarding rights ownership, authority to enter agreement, etc.
8. Intellectual Property Rights: Confirmation of ownership, protection of rights, and handling of infringement
9. Confidentiality: Protection of confidential information shared during the agreement
10. General Provisions: Standard clauses including governing law, notices, assignment, and entire agreement
1. Minimum Performance Requirements: Used when setting minimum usage or revenue requirements for maintaining the license
2. Sub-licensing Rights: Include when licensee needs right to authorize others to use the music
3. Quality Control: Include when licensor wants to maintain control over how the music is used
4. Marketing and Promotion: Include when specific marketing requirements or restrictions apply
5. Territory Restrictions: Include when license is limited to specific geographic regions
6. Moral Rights: Include when specific provisions about attribution and integrity of the work are needed
7. Digital Rights Management: Include when specific technical protection measures are required
8. Force Majeure: Include when parties want protection from unforeseen circumstances
9. Dispute Resolution: Include when specific dispute resolution procedures are desired
1. Schedule 1 - Licensed Works: Detailed list of musical works covered by the agreement, including titles, composers, and registration numbers
2. Schedule 2 - License Fee Structure: Detailed breakdown of fees, royalty rates, and payment calculations
3. Schedule 3 - Approved Uses: Specific details about how the music can be used, including any technical specifications
4. Schedule 4 - Territory Details: Detailed list of countries/regions where license applies
5. Schedule 5 - Reporting Requirements: Templates and specifications for usage reports and royalty statements
6. Appendix A - Copyright Registrations: Copies or details of copyright registrations for licensed works
7. Appendix B - Prior Licenses: Details of any existing licenses that may affect this agreement
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