The Music License For Commercial Use agreement is essential for businesses operating in Switzerland that wish to legally incorporate music into their commercial activities. This document is specifically designed to comply with Swiss copyright law (URG/LDA) and related regulations, providing a comprehensive framework for commercial music usage. It becomes necessary when businesses need to use music in public spaces, marketing materials, digital platforms, or other commercial applications. The agreement covers crucial elements including usage rights, territorial scope, payment terms, and moral rights protection, while addressing specific Swiss legal requirements such as SUISA regulations and personality rights protection. It's particularly important in Switzerland where copyright laws strongly protect creators' rights and require specific provisions for 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, identification of the musical work(s), and confirmation of ownership/right to license
3. Definitions: Key terms used throughout the agreement, including 'Musical Work', 'Commercial Use', 'Territory', and 'Term'
4. Grant of License: Specific rights being granted, including type of use, territory, and duration
5. License Fee and Payment Terms: Financial compensation, payment schedule, and reporting requirements
6. Usage Restrictions: Specific limitations on how the music can be used, including any territorial or medium-specific restrictions
7. Attribution and Moral Rights: Requirements for crediting the artist and protecting the integrity of the work as per Swiss law
8. Warranties and Representations: Guarantees from both parties, including ownership of rights and authority to enter agreement
9. Term and Termination: Duration of the license and conditions for early termination
10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Synchronization Rights: Include when the music will be synchronized with visual media
2. Digital Platform Usage: Include when the music will be used on specific digital platforms or streaming services
3. Sub-licensing Rights: Include if the licensee needs the right to sub-license the music to third parties
4. Collecting Society Provisions: Include specific provisions relating to SUISA if relevant
5. Exclusivity Provisions: Include if the license is exclusive for certain territories or uses
6. Marketing and Promotion: Include specific terms for how the music can be used in marketing materials
7. Quality Control: Include when the licensor requires approval rights over the commercial use
1. Schedule A - Musical Work Details: Detailed description of the licensed music, including title, composer, duration, and registration numbers
2. Schedule B - Approved Usage Specifications: Detailed specifications of how the music can be used, including technical requirements
3. Schedule C - Fee Schedule: Detailed breakdown of license fees, including any royalty calculations or payment milestones
4. Schedule D - Territory List: Specific list of countries or regions where the license applies
5. Appendix 1 - Required Credits: Specific format and wording for credits and attributions
6. Appendix 2 - Reporting Template: Template for usage reporting and royalty calculations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Entertainment
Retail
Advertising
Media Production
Hospitality
Film and Television
Gaming
Digital Media
Events and Exhibitions
Fitness and Wellness
Relevant Teams
Legal
Licensing
Marketing
Commercial Operations
Business Development
Compliance
Content Acquisition
Intellectual Property
Brand Management
Events
Relevant Roles
Legal Counsel
Licensing Manager
Commercial Director
Marketing Manager
Business Development Manager
Compliance Officer
Music Rights Administrator
Content Acquisition Manager
Intellectual Property Specialist
Operations Manager
Events Manager
Brand Manager
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