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Master Sync License for Germany

Master Sync License Template for Germany

A comprehensive licensing agreement governed by German law that grants the right to synchronize musical compositions with visual media. This agreement establishes the framework for multiple synchronization licenses, defining the terms, conditions, and fee structures for using musical works in various audiovisual productions. It complies with German copyright law (Urheberrechtsgesetz) and addresses collecting society (GEMA) requirements, while providing flexibility for different types of productions and usage scenarios across various media platforms.

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What is a Master Sync License?

The Master Sync License agreement is essential for entities requiring ongoing rights to synchronize music with visual media across multiple projects. This document, governed by German law, establishes a comprehensive framework for licensing musical works for use in various audiovisual productions, including films, television shows, advertisements, and digital content. It streamlines the licensing process by setting standard terms and conditions, approval procedures, and fee structures upfront, reducing the need for individual negotiations for each use. The agreement ensures compliance with German copyright law and collecting society regulations while addressing modern digital usage requirements. A Master Sync License is particularly valuable for production companies, broadcasters, and digital platforms that regularly need to license music for their content.

What sections should be included in a Master Sync License?

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

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Detailed definitions of key terms including 'Musical Works', 'Synchronization', 'Territory', 'Term', and 'Media'

4. Grant of Rights: Specific synchronization rights being granted, including scope, territory, and duration

5. Reservation of Rights: Rights explicitly reserved by the licensor and not included in the grant

6. License Fees: Fee structure, payment terms, and any advance payments required

7. Reporting and Payments: Requirements for usage reporting, payment schedules, and accounting procedures

8. Approval Rights: Process for approval of specific uses and any pre-approved uses

9. Credit and Attribution: Requirements for crediting rights holders in productions

10. Warranties and Representations: Standard warranties regarding ownership and right to license

11. Indemnification: Mutual indemnification obligations and process

12. Term and Termination: Duration of agreement and termination provisions

13. Confidentiality: Obligations regarding confidential information

14. General Provisions: Standard legal provisions including governing law, jurisdiction, and notices

What sections are optional to include in a Master Sync License?

1. Most Favored Nations: Clause ensuring licensee receives best available terms - include when dealing with major licensees

2. Moral Rights: Specific provisions regarding moral rights under German law - include when working with individual composers/authors

3. Digital Platform Provisions: Specific terms for digital/online usage - include when digital exploitation is contemplated

4. Sub-licensing Rights: Terms for sub-licensing - include when licensee needs to grant further licenses

5. Collecting Society Provisions: Special provisions regarding GEMA and other collecting societies - include when works are registered with collecting societies

6. Co-Production Terms: Special terms for co-productions - include when licensing for co-produced content

What schedules should be included in a Master Sync License?

1. Schedule A - Musical Works: List of musical works covered by the agreement with detailed information

2. Schedule B - Fee Schedule: Detailed fee structure including any territory-specific rates

3. Schedule C - Approved Uses: List of pre-approved uses and formats

4. Schedule D - Technical Delivery Requirements: Technical specifications for music delivery

5. Schedule E - Credit Requirements: Detailed crediting requirements for different formats

6. Appendix 1 - Reporting Forms: Ƶ for usage reporting and accounting

7. Appendix 2 - Approval Process: Detailed workflow for seeking and obtaining approval for uses

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

Licensing Agreement

Sector

IP

Cost

Free to use

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