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Grand Rights License for Germany

Grand Rights License Template for Germany

A Grand Rights License agreement under German law (Urheberrechtsgesetz) is a specialized legal document that governs the licensing of dramatic musical works for theatrical performance. This agreement establishes the terms and conditions under which dramatic works, such as operas, musicals, or ballet performances with music, can be performed. The document addresses crucial elements including performance rights, territorial restrictions, royalty structures, and artistic integrity requirements, all within the framework of German copyright law and civil code provisions. It ensures compliance with German legal requirements while protecting both the rights holders' intellectual property and the licensee's performance rights.

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What is a Grand Rights License?

The Grand Rights License agreement is essential for organizations seeking to perform dramatic musical works in theatrical settings under German law. This document type is specifically used when licensing rights for dramatic performances of musical works such as operas, musicals, or ballet productions, where the music is integrated into a dramatic performance. Unlike small rights licenses, which cover simple performance of musical works, a Grand Rights License addresses the complex requirements of theatrical productions, including staging, dramatization, and visual elements. The agreement is structured to comply with German copyright law (Urheberrechtsgesetz) and civil code requirements, providing comprehensive coverage of performance rights, quality control measures, royalty arrangements, and artistic integrity provisions. It's particularly relevant when negotiating rights for professional theatrical productions, educational performances, or commercial entertainment venues operating within German jurisdiction.

What sections should be included in a Grand Rights License?

1. Parties: Identification of the licensor (rights holder) and licensee, including full legal names and addresses

2. Background: Context of the agreement, description of the work(s), and parties' authority to enter into the agreement

3. Definitions: Key terms including 'Work', 'Territory', 'Term', 'Performance', 'Grand Rights', and other relevant definitions

4. Grant of Rights: Specific grand rights being licensed, including performance rights for dramatic presentations

5. Term and Territory: Duration of the license and geographical scope of permitted performances

6. Performance Requirements: Conditions and standards for performing the work, including artistic integrity requirements

7. Financial Terms: License fees, royalties, payment terms, and reporting requirements

8. Attribution and Credits: Requirements for crediting the original creators in programs, marketing materials, and performances

9. Quality Control: Standards for maintaining artistic integrity and approval rights for modifications

10. Representations and Warranties: Parties' assurances regarding rights ownership and authority to contract

11. Termination: Conditions for ending the agreement and consequences of termination

12. Governing Law and Jurisdiction: Specification of German law governance and jurisdiction for disputes

What sections are optional to include in a Grand Rights License?

1. Exclusivity Provisions: Terms regarding exclusive or non-exclusive rights, used when exclusive territory or venue rights are granted

2. Sublicensing Rights: Terms for allowing or prohibiting sublicensing, included when sublicensing might be relevant

3. Marketing and Promotion: Requirements and restrictions for marketing performances, included for major productions

4. Recording Rights: Terms for recording performances, included when recording permissions are part of the license

5. Digital Rights: Terms for streaming or digital distribution, included for modern production requirements

6. Language Requirements: Specifications for translations and language use, included for international licenses

7. Insurance Requirements: Insurance obligations, included for larger productions or venue-specific requirements

8. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for long-term licenses

What schedules should be included in a Grand Rights License?

1. Schedule A - Licensed Works: Detailed description of the musical work(s), including composer, lyricist, and original production details

2. Schedule B - Approved Venues: List of venues where performances are permitted, if location-specific

3. Schedule C - Technical Requirements: Technical specifications for the performance, including orchestration requirements

4. Schedule D - Fee Schedule: Detailed breakdown of license fees, royalties, and payment terms

5. Schedule E - Marketing Guidelines: Specific requirements for marketing materials and promotional content

6. Appendix 1 - Performance Report Template: Standard format for reporting performances and calculating royalties

7. Appendix 2 - Credit Requirements: Detailed specifications for program credits and marketing attribution

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use

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