The Non-Exclusive License Agreement Music is a fundamental document in the South African music industry, essential for businesses and individuals seeking to legally use musical works while allowing rights holders to maintain control over their intellectual property. This agreement type is commonly used when a rights holder wishes to maximize commercial opportunities by licensing their music to multiple users simultaneously. The document, governed by South African law, particularly the Copyright Act 98 of 1978, provides detailed terms for usage rights, territorial limitations, payment structures, and compliance requirements. It's particularly relevant in today's digital age where music is used across various platforms and mediums, from streaming services to background music in commercial spaces. The agreement ensures proper authorization and compensation for music use while maintaining legal compliance with South African intellectual property regulations.
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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 brief description of the purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Musical Work', 'Territory', 'Term', 'Net Revenue', etc.
4. Grant of Rights: Specific rights being licensed, including scope, territory, and term of the license
5. Reservation of Rights: Clear statement of rights retained by the Licensor and confirmation of non-exclusive nature
6. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination
7. License Fees and Royalties: Payment terms, royalty rates, calculation methods, and payment schedules
8. Reporting and Auditing: Requirements for usage reports, accounting statements, and audit rights
9. Warranties and Representations: Standard warranties regarding ownership, authority to license, and non-infringement
10. Obligations of the Parties: Specific duties and responsibilities of both Licensor and Licensee
11. Credit and Attribution: Requirements for crediting the rights holders and proper attribution
12. Confidentiality: Protection of confidential information exchanged during the agreement
13. General Provisions: Standard legal clauses including governing law, notices, and assignment rights
1. Digital Distribution: Specific terms for digital platform distribution and streaming services
2. Territory-Specific Requirements: Additional provisions for international licensing and local law compliance
3. Sub-licensing Rights: Terms governing the Licensee's ability to sub-license the music, if permitted
4. Synchronization Rights: Specific terms for use of music in audio-visual productions
5. Promotional Use: Terms governing the use of music for promotional purposes
6. Moral Rights: Specific provisions regarding the protection of moral rights, particularly relevant for international agreements
7. Collection Society Arrangements: Provisions relating to collection society memberships and revenue collection
8. Technical Requirements: Specifications for audio quality, format requirements, and technical delivery
1. Schedule A - Licensed Musical Works: Detailed list of all musical works covered by the agreement, including composers, publishers, and rights holders
2. Schedule B - Territory: Detailed description of geographic territories where license applies
3. Schedule C - Fee Schedule: Detailed breakdown of all fees, royalty rates, and payment terms
4. Schedule D - Reporting Template: Standard format for usage reports and royalty calculations
5. Schedule E - Technical Specifications: Detailed technical requirements for music delivery and usage
6. Appendix 1 - Copyright Registrations: Copies of copyright registrations or other proof of ownership
7. Appendix 2 - Prior Licenses: List of any existing licenses that might affect the current agreement
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