The Sync License Agreement is a crucial document in the entertainment and media industries, particularly when incorporating music into audiovisual productions. This agreement type is essential when any party wishes to legally use copyrighted music in conjunction with visual media in Hong Kong and potentially other territories. The document addresses key aspects including rights granted, usage limitations, fee structures, and territorial restrictions, all while complying with Hong Kong's legal framework, particularly the Copyright Ordinance (Cap. 528) and related regulations. It serves as a comprehensive legal instrument that protects both the rights holders' intellectual property and the licensees' commercial interests, while ensuring proper compensation and attribution for the use of musical works in various media formats.
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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, establishing ownership of the musical work and intended synchronization purpose
3. Definitions: Definitions of key terms used throughout the agreement, including 'Musical Work', 'Audiovisual Production', 'Territory', etc.
4. Grant of Rights: Specific synchronization rights being granted, including scope and limitations
5. Term: Duration of the license agreement
6. Territory: Geographical areas where the synchronization rights may be exercised
7. Fee and Payment Terms: Compensation details, including synchronization fee, payment schedule, and any royalty arrangements
8. Usage Requirements: Specific requirements for how the music can be used, including any restrictions or technical specifications
9. Warranties and Representations: Guarantees from both parties, especially regarding ownership and rights to license
10. Credit and Attribution: Requirements for crediting the musical work and rights holders
11. Termination: Conditions under which the agreement can be terminated and consequences of termination
12. General Provisions: Standard legal clauses including governing law, notices, assignment, and entire agreement
1. Multiple Language Versions: Required when the audiovisual content will be produced in multiple languages
2. Digital Platform Rights: Specific provisions for digital/online usage when the content will be distributed on digital platforms
3. Mechanical Rights: Include when the licensee needs rights to make copies of the music
4. Sub-licensing Rights: Required when the licensee needs to grant rights to third parties
5. Moral Rights: Specific provisions regarding moral rights, particularly relevant for jurisdictions where these cannot be waived
6. Marketing and Promotion: Additional rights and restrictions for using the music in promotional materials
7. Exclusivity Provisions: When exclusive rights are being granted for specific uses or territories
8. Music Alterations: Rights and restrictions regarding editing, remixing, or altering the musical work
1. Schedule 1 - Musical Work Details: Complete details of the musical work including title, composer, publisher, duration, and copyright information
2. Schedule 2 - Audiovisual Production Details: Information about the production where the music will be used, including title, format, and duration
3. Schedule 3 - Fee Structure: Detailed breakdown of fees, payment schedule, and any royalty calculations
4. Schedule 4 - Technical Specifications: Technical requirements for music delivery, format specifications, and quality standards
5. Schedule 5 - Territory Restrictions: Detailed list of included and excluded territories if applicable
6. Schedule 6 - Approved Usage Examples: Specific examples or scenarios of permitted uses of the musical work
7. Appendix A - Music Cue Sheet: Technical document detailing exact placement and duration of music usage in the production
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