The Synchronization License is a crucial legal document used when incorporating musical works into audiovisual content such as films, television shows, advertisements, or video games. Under Belgian law, which provides strong protection for authors' rights and moral rights, this license is essential for ensuring legal compliance and proper rights management. The document establishes the scope of permitted use, territorial restrictions, duration, and compensation terms. It must account for both Belgian national copyright law and EU directives, particularly regarding collective rights management. The license typically includes provisions for different exploitation methods, credit requirements, and may involve collecting societies like SABAM. This document is particularly important in Belgium's multilingual media landscape and its position as a hub for European media production.
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1. Parties: Identification of the rights holder (licensor) and the party seeking to use the music (licensee)
2. Background: Context of the agreement, including identification of the musical work and intended audiovisual production
3. Definitions: Key terms including 'Musical Work', 'Production', 'Territory', 'Term', 'Synchronization Rights', and other relevant definitions
4. Grant of Rights: Specific synchronization rights being licensed, including scope, territory, and duration
5. Permitted Uses: Detailed description of how the musical work may be used in the production, including any modifications allowed
6. Payment Terms: License fees, payment schedule, and any additional compensation arrangements
7. Moral Rights: Acknowledgment and protection of moral rights as required under Belgian law
8. Credit and Attribution: Requirements for crediting the rights holders in the production
9. Warranties and Representations: Confirmations regarding ownership and authority to license the musical work
10. Term and Termination: Duration of the license and circumstances under which it may be terminated
11. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Collective Management Organizations: Required when the musical work is managed by collecting societies, specifying their role and rights
2. Sub-licensing Rights: Include when licensee needs the right to sub-license the music to third parties
3. International Distribution: Additional terms for productions intended for international distribution
4. Digital Platform Rights: Specific provisions for digital/online distribution platforms
5. Exclusivity Provisions: Include when granting exclusive rights for specific territories or media
6. Promotional Use: Terms for using the music in promoting the production
7. Assignment and Transfer: Include if rights transfer or assignment is permitted
1. Schedule A - Musical Work Details: Complete details of the musical work including composer, publisher, duration, and recording information
2. Schedule B - Production Details: Specifications of the audiovisual production where the music will be used
3. Schedule C - Payment Schedule: Detailed breakdown of payments, including any royalties or recurring fees
4. Schedule D - Territory Specifications: Detailed list of territories where the license applies
5. Schedule E - Credit Requirements: Specific format and placement of credits for the musical work
6. Appendix 1 - Collecting Society Certificates: Relevant documentation from collecting societies if applicable
7. Appendix 2 - Chain of Title: Documentation proving ownership and right to license the musical work
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