The Music Licensing Agreement For Film is a crucial legal instrument used when incorporating music into film productions under Swiss jurisdiction. This agreement is essential when film producers need to legally secure rights to use specific musical works in their films, whether for background scoring, theme songs, or integrated musical performances. The document addresses the complexities of Swiss copyright law, which provides strong protection for both economic and moral rights of creators. It includes comprehensive provisions for synchronization rights, performing rights, and mechanical rights, while ensuring compliance with SUISA (Swiss collecting society) requirements. The agreement is particularly important given Switzerland's strict copyright regime and its adherence to international copyright conventions.
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1. Parties: Identification of the licensor (music rights holder) and licensee (film producer/production company)
2. Background: Context of the agreement, including description of the musical work(s) and the film project
3. Definitions: Key terms used throughout the agreement, including 'Musical Work', 'Film', 'Territory', 'Term', and 'Synchronization Rights'
4. Grant of Rights: Specific rights being licensed, including synchronization, performing, and mechanical rights
5. Term and Territory: Duration of the license and geographical scope of usage rights
6. License Fees and Payment Terms: Financial terms, including upfront payments, royalties, and payment schedule
7. Delivery of Materials: Requirements for delivery of music files, cue sheets, and related materials
8. Credits and Attribution: Requirements for crediting the composer/rights holder in the film and promotional materials
9. Moral Rights: Acknowledgment and protection of moral rights as per Swiss law
10. Warranties and Representations: Guarantees regarding ownership of rights and authority to license
11. Indemnification: Mutual protection against third-party claims
12. Termination: Conditions under which the agreement can be terminated and consequences
13. Governing Law and Jurisdiction: Specification of Swiss law governance and jurisdiction for disputes
14. General Provisions: Standard clauses including notices, assignment, and entire agreement
1. Collective Management Society Rights: Required when certain rights are managed by collecting societies like SUISA
2. Merchandising Rights: Include when music will be used in film-related merchandise
3. Digital Distribution Rights: Specific terms for streaming and digital platform distribution
4. Remake Rights: Include when covering potential film remakes or adaptations
5. International Distribution: Specific provisions for international distribution and territory-specific requirements
6. Music Alterations: Terms regarding permitted modifications to the musical work
7. Promotional Use: Specific terms for use in film trailers and promotional materials
8. Sub-licensing Rights: Include when licensee needs right to sub-license music to third parties
1. Schedule A - Musical Works: Detailed list of licensed musical works including composer, duration, and registration details
2. Schedule B - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
3. Schedule C - Technical Specifications: Technical requirements for music delivery, including format specifications
4. Schedule D - Credit Requirements: Detailed requirements for crediting in film and promotional materials
5. Schedule E - Cue Sheet: Timing and placement of music within the film
6. Appendix 1 - SUISA Requirements: Specific requirements and forms for Swiss collecting society compliance
7. Appendix 2 - Territory Restrictions: Detailed breakdown of any territory-specific restrictions or requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Entertainment
Media Production
Film Industry
Music Industry
Broadcasting
Digital Media
Performing Arts
Copyright Licensing
Content Creation
Audiovisual Production
Relevant Teams
Legal
Rights Management
Business Affairs
Content Acquisition
Production
Music Supervision
Licensing
Copyright Administration
Distribution
Creative Services
Relevant Roles
Legal Counsel
Music Supervisor
Film Producer
Music Rights Manager
Copyright Administrator
Entertainment Lawyer
Film Production Manager
Music Publisher
Licensing Manager
Content Acquisition Manager
Music Clearance Specialist
Film Distribution Executive
Business Affairs Director
Rights Management Officer
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