The Remix License Agreement is a specialized legal document used in the Malaysian music and entertainment industry when an artist or producer wishes to create and distribute a new version of an existing copyrighted work. This agreement is essential for compliance with the Malaysian Copyright Act 1987 and provides legal protection for both the original rights holder and the remix artist. It covers crucial aspects such as creative rights, commercial exploitation, revenue sharing, digital distribution, and attribution requirements. The document is particularly relevant in today's digital age where remixes form a significant part of musical content across streaming platforms and live performances. It includes specific provisions for quality control, platform-specific requirements, and territory restrictions while ensuring proper compensation for all parties involved.
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1. Parties: Identification of the licensor (original work copyright holder) and licensee (remix artist), including full legal names and addresses
2. Background: Context of the agreement, including reference to the original work and the intended remix project
3. Definitions: Definitions of key terms including 'Original Work', 'Remix Work', 'Revenue', 'Territory', and other relevant terms
4. Grant of Rights: Specific rights granted to create and distribute the remix, including any territorial or temporal limitations
5. License Fees and Royalties: Financial terms including upfront fees, revenue sharing arrangements, and payment schedules
6. Attribution and Credits: Requirements for crediting the original work and artist in the remix and promotional materials
7. Restrictions and Limitations: Specific restrictions on usage, prohibited modifications, and limitations of the license
8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
9. Representations and Warranties: Parties' assertions regarding rights ownership and authority to enter agreement
10. Quality Control: Standards for the remix quality and approval process if required
11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Live Performance Rights: Additional rights and terms for live performance of the remix, used when live performances are anticipated
2. Synchronization Rights: Terms for using the remix in video productions, needed if sync licensing is part of the agreement
3. Digital Platform Restrictions: Specific terms for digital platform distribution, relevant for digital-only releases
4. Moral Rights Waiver: Specific waiver of moral rights where applicable, needed in jurisdictions with strong moral rights protection
5. Promotional Use: Additional terms for promotional use of the remix, needed for commercial releases
6. Sub-licensing Rights: Terms for allowing the licensee to sub-license the remix, needed if sub-licensing will be permitted
7. Territory-Specific Requirements: Additional requirements for specific territories, needed for international distribution
1. Schedule A - Original Work Details: Detailed information about the original work including title, copyright registration, and original release details
2. Schedule B - Remix Specifications: Technical requirements and creative guidelines for the remix
3. Schedule C - Revenue Sharing Calculations: Detailed breakdown of revenue sharing percentages and calculation methods
4. Schedule D - Approved Distribution Platforms: List of approved platforms and channels for remix distribution
5. Appendix 1 - Attribution Requirements: Specific format and placement requirements for credits and attribution
6. Appendix 2 - Quality Control Standards: Detailed technical and artistic standards for the remix
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