The Non-Exclusive Music License Agreement is a crucial legal instrument in the Australian music industry that enables rights holders to grant permission for the use of their musical works while retaining the ability to license the same works to other parties. This document is essential when businesses, content creators, or organizations need to legally use music in their operations, such as in advertising, public venues, or digital platforms. It ensures compliance with Australian copyright law, particularly the Copyright Act 1968 (Cth), and includes provisions for territory restrictions, permitted uses, payment structures, and reporting requirements. The agreement is designed to protect both the rights holder's intellectual property and the licensee's commercial interests while maintaining flexibility in music licensing arrangements.
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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, brief description of the musical work(s), and the parties' intentions
3. Definitions: Defined terms used throughout the agreement, including 'Musical Work', 'Territory', 'Term', 'License Fee', etc.
4. Grant of License: Specific rights being granted, including permitted uses, territory, and non-exclusive nature of the license
5. Term and Termination: Duration of the license and circumstances under which it can be terminated
6. License Fee and Payment Terms: Financial terms, including license fees, royalties, payment schedule, and reporting requirements
7. Warranties and Representations: Guarantees from both parties regarding rights ownership, authority to enter agreement, etc.
8. Use and Restrictions: Specific permitted uses and limitations on the use of the musical work
9. Intellectual Property Rights: Acknowledgment of ownership and protection of intellectual property
10. Confidentiality: Obligations regarding confidential information shared between parties
11. General Provisions: Standard clauses including governing law, notices, entire agreement, etc.
1. Sub-licensing Rights: Include when licensee may need to grant sub-licenses to third parties
2. International Usage: Additional terms for use in multiple territories or jurisdictions
3. Digital Rights Management: Specific provisions for digital distribution and protection
4. Marketing and Promotion: Terms regarding how the musical work can be used in promotional materials
5. Credit and Attribution: Requirements for crediting the original artists/composers
6. Moral Rights: Specific provisions regarding the moral rights of the creator
7. Audit Rights: Include when regular financial reporting and audit rights are needed
8. Insurance: Requirements for insurance coverage, particularly for commercial uses
1. Schedule A - Licensed Musical Works: Detailed list of musical works covered by the license, including titles, composers, and recordings
2. Schedule B - Territory and Permitted Uses: Specific geographic regions and allowed uses of the licensed works
3. Schedule C - Fee Schedule: Detailed breakdown of license fees, royalty rates, and payment terms
4. Schedule D - Technical Specifications: Technical requirements for use of the musical works, including format specifications
5. Appendix 1 - Reporting Template: Standard format for usage reporting and royalty calculations
6. Appendix 2 - Credit Requirements: Detailed requirements for artist/composer attribution and credits
Authors
Relevant legal definitions
Clauses
Relevant Industries
Entertainment
Music Industry
Media Production
Advertising
Film and Television
Gaming
Retail
Hospitality
Digital Media
Events and Live Entertainment
Mobile Applications
Broadcasting
Relevant Teams
Legal
Rights Management
Business Affairs
Commercial
Content Acquisition
Music Supervision
Publishing
Compliance
Creative
Production
Digital Content
Licensing Operations
Relevant Roles
Legal Counsel
Music Licensing Manager
Rights Management Director
Business Affairs Executive
Commercial Director
Content Acquisition Manager
Music Supervisor
Intellectual Property Lawyer
Contract Administrator
Publishing Manager
Creative Director
Production Manager
Digital Content Manager
Compliance Officer
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