A Sampling License is essential for legally incorporating portions of existing musical works into new productions under Irish law. This document type is used when an artist, producer, or company wishes to sample another artist's work, ensuring compliance with Irish copyright law and EU regulations. The agreement typically includes specific details about the original work, the permitted sample length and use, financial terms, territorial scope, and duration of rights granted. The Sampling License is particularly crucial in the modern music industry where sampling is common practice, and it helps prevent copyright infringement while ensuring fair compensation for rights holders. This document type must align with the Copyright and Related Rights Act 2000 and other relevant Irish legislation, while also considering EU copyright directives that have been incorporated into Irish law.
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1. Parties: Identification of the licensor (rights holder) and licensee (sampler), including full legal names and addresses
2. Background: Context of the agreement, identifying the original work and the intended sampling use
3. Definitions: Definitions of key terms used throughout the agreement, including 'Sample', 'Original Work', 'New Work', etc.
4. Grant of License: Specific rights being granted, including scope of permitted sampling use
5. License Fee and Payment Terms: Financial compensation, payment schedule, and royalty arrangements
6. Duration and Territory: Term of the license and geographical limitations of use
7. Warranties and Representations: Guarantees by both parties regarding rights ownership and authority to enter agreement
8. Credit and Attribution: Requirements for crediting the original work and artist
9. Restrictions and Limitations: Specific limitations on use of the sample and prohibited activities
10. Termination: Circumstances under which the license can be terminated and consequences
11. Governing Law and Jurisdiction: Specification of Irish law governance and jurisdiction for disputes
1. Moral Rights: Specific provisions regarding moral rights protection, particularly relevant for high-profile or artistic works
2. Sub-Licensing Rights: Include when licensee may need to sub-license the sample to third parties
3. Promotional Use: Special terms for using the sample in promotional materials or advertising
4. Digital Distribution: Specific provisions for digital platforms and streaming services
5. Collaboration: Terms for involving other artists or producers in the creation of derivative works
6. International Use: Additional provisions for international distribution and use
7. Sample Modification Rights: Specific terms regarding permitted alterations to the original sample
1. Schedule A - Original Work Details: Detailed description of the original work, including duration, timestamp of sample, and registration details
2. Schedule B - Sample Specifications: Technical details of the permitted sample, including length, format, and any technical requirements
3. Schedule C - Payment Schedule: Detailed breakdown of payments, including advance payments, royalties, and payment dates
4. Schedule D - Approved Uses: List of specific approved uses and contexts for the sample
5. Appendix 1 - Credit Requirements: Detailed requirements for crediting the original work in various contexts
6. Appendix 2 - Territory Restrictions: Detailed breakdown of territorial restrictions or specific territory-based requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Music Industry
Entertainment
Media Production
Advertising
Film Production
Gaming Industry
Digital Content Creation
Broadcasting
Live Entertainment
Music Publishing
Relevant Teams
Legal
Music Publishing
Licensing
Business Affairs
Copyright Administration
Creative Services
Artist & Repertoire
Music Production
Content Acquisition
Rights Management
Relevant Roles
Music Licensing Manager
Copyright Administrator
Legal Counsel
Music Producer
A&R Manager
Publishing Rights Manager
Sample Clearance Coordinator
Music Supervisor
Intellectual Property Lawyer
Recording Artist
Music Business Affairs Executive
Creative Director
Content Licensing Specialist
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