The Music Cover License is a crucial document in the New Zealand music industry that facilitates the legal recording and distribution of cover versions of existing songs. This agreement is necessary when an artist wishes to record and commercially release their version of a copyrighted musical work. The document outlines the scope of permitted use, territorial restrictions, royalty obligations, and compliance requirements under New Zealand law, particularly the Copyright Act 1994 and APRA AMCOS regulations. It serves to protect both the original rights holders' interests and provide clear parameters for the covering artist's use of the work. The license typically includes detailed provisions for various exploitation methods, including streaming, physical releases, and potential synchronization uses, making it essential for modern music distribution across multiple platforms.
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1. Parties: Identification of the rights holder/licensor and the artist/licensee seeking to create the cover version
2. Background: Context of the agreement, including identification of the original work and the intended cover version
3. Definitions: Key terms used throughout the agreement including 'Original Work', 'Cover Version', 'Territory', 'Term', 'Royalties'
4. Grant of License: Specific rights granted to create and exploit the cover version
5. Term and Territory: Duration of the license and geographical areas where the cover version can be exploited
6. Royalties and Payment Terms: Financial terms including royalty rates, payment schedules, and accounting requirements
7. Credit and Attribution: Requirements for crediting the original songwriter(s) and publisher
8. Restrictions and Limitations: Specific limitations on the use of the original work and the cover version
9. Representations and Warranties: Guarantees from both parties regarding rights ownership and authority to enter agreement
10. Termination: Conditions under which the license can be terminated and consequences of termination
11. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Marketing and Promotion: Specific requirements or restrictions regarding the marketing of the cover version
2. Synchronization Rights: Additional rights for use in audio-visual productions, if applicable
3. Digital Platform Requirements: Specific terms for digital distribution and streaming platforms
4. Live Performance Rights: Terms regarding live performance of the cover version
5. Arrangement Approval: Process for approval of musical arrangement if required by rights holder
6. Sub-licensing Rights: Terms allowing or restricting the sub-licensing of the cover version
7. Moral Rights: Specific provisions regarding moral rights compliance and requirements
1. Schedule 1 - Original Work Details: Complete details of the original musical work including songwriters, publishers, and copyright registration
2. Schedule 2 - Royalty Calculations: Detailed breakdown of royalty rates and calculation methods for different types of exploitation
3. Schedule 3 - Approved Territory List: Comprehensive list of territories where the license is valid
4. Schedule 4 - Required Credits: Specific format and wording for credits and attributions
5. Appendix A - Reporting Template: Template for regular royalty reporting and sales documentation
6. Appendix B - Technical Requirements: Technical specifications for the recording and distribution of the cover version
Authors
Relevant legal definitions
Clauses
Relevant Industries
Music and Recording
Entertainment
Digital Media
Broadcasting
Publishing
Live Entertainment
Digital Distribution
Performing Arts
Relevant Teams
Legal
Business Affairs
Copyright Administration
Licensing
Royalties
Artist & Repertoire
Publishing Administration
Rights Management
Relevant Roles
Music Licensing Manager
Copyright Administrator
Legal Counsel
A&R Manager
Artist Manager
Publishing Administrator
Business Affairs Director
Royalty Manager
Music Supervisor
Rights Management Coordinator
Contract Administrator
Entertainment Lawyer
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