The Music License Agreement serves as a crucial legal instrument in New Zealand's music industry, facilitating the authorized use of musical works while protecting the rights of creators and publishers. This document is essential when any business or individual needs to legally use copyrighted music for commercial purposes, such as in advertising, broadcasting, public venues, or digital platforms. The agreement must comply with New Zealand's Copyright Act 1994 and related legislation, addressing both traditional and digital music usage rights. It specifies critical elements including scope of use, territory, duration, royalty structures, and reporting requirements. The document is particularly relevant in today's digital age where music licensing has become increasingly complex due to multiple distribution channels and usage types. This agreement helps prevent copyright infringement while ensuring fair compensation for rights holders within the New Zealand legal framework.
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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, identification of the musical work(s), and general purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Musical Work', 'Territory', 'Term', 'Royalties', etc.
4. Grant of License: Specific rights being granted, including type of use, territory, and duration
5. License Fee and Royalties: Payment terms, royalty rates, calculation methods, and payment schedule
6. Licensee Obligations: Specific responsibilities of the licensee regarding use of the music, quality control, and reporting
7. Intellectual Property Rights: Confirmation of ownership and protection of intellectual property rights
8. Term and Termination: Duration of agreement, renewal terms, and circumstances for termination
9. Warranties and Representations: Guarantees by both parties regarding rights, authority to enter agreement, and other assurances
10. General Provisions: Standard legal clauses including governing law, notices, assignment, and entire agreement
1. Minimum Guarantee: Used when there's a minimum payment guarantee regardless of actual usage
2. Sub-licensing Rights: Include when licensee is permitted to sub-license the music to third parties
3. Territory Restrictions: Detailed section needed when license is restricted to specific geographical areas
4. Marketing and Promotion: Include when specific marketing or promotional requirements exist
5. Quality Control: Used when licensor requires specific quality standards for music usage
6. Audit Rights: Include when licensor requires right to audit licensee's books
7. Moral Rights: Specific section needed when addressing composer's moral rights
8. Synchronization Rights: Include when license covers syncing music with visual media
9. Digital Rights: Used when specifically addressing digital distribution and streaming
10. Performance Rights: Include when covering live or public performance rights
1. Schedule 1 - Licensed Musical Works: Detailed list of all musical works covered by the agreement, including composers, publishers, and ownership details
2. Schedule 2 - Territory: Detailed description of geographical territories where license applies
3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, royalty rates, and payment terms
4. Schedule 4 - Reporting Requirements: Templates and specifications for usage reporting
5. Schedule 5 - Technical Specifications: Technical requirements for music delivery and usage
6. Appendix A - Copyright Registrations: Details of copyright registrations for all musical works
7. Appendix B - Prior Licenses: List of any existing licenses that may affect this agreement
8. Appendix C - Approved Usage Examples: Examples of approved uses of the licensed music
Authors
Relevant legal definitions
Clauses
Relevant Industries
Entertainment
Media
Broadcasting
Digital Technology
Hospitality
Advertising
Film and Television
Gaming
Retail
Events and Conferences
Software Development
Music Production
Digital Publishing
Mobile Applications
Relevant Teams
Legal
Licensing
Business Affairs
Content Acquisition
Rights Management
Publishing
Digital Operations
Compliance
Creative Services
Business Development
Intellectual Property
Contract Administration
Relevant Roles
Legal Counsel
Music Rights Manager
Licensing Manager
Copyright Administrator
Business Affairs Manager
Content Acquisition Manager
Music Supervisor
Entertainment Lawyer
Digital Rights Manager
Contract Administrator
Publishing Manager
Creative Director
Business Development Manager
Compliance Officer
Intellectual Property Manager
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