A Sampling Licence is essential when artists or producers wish to incorporate portions of existing musical works into new compositions. This document, governed by English and Welsh law, provides legal certainty for both the original rights holder and the sampling artist. The licence typically specifies the exact portion of work being sampled, permitted uses, territory, duration, and financial terms. It ensures compliance with the Copyright, Designs and Patents Act 1988 and other relevant UK legislation, while protecting the interests of all parties involved.
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Key Requirements PROMPT example:
Sampling Licence
"I need a Sampling Licence to allow DJ Spark to use a 10-second clip from our copyrighted song 'Midnight Dreams' in their upcoming remix album, with a 5% royalty rate and worldwide distribution rights starting March 2025."
1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and ownership of the original work
3. Definitions: Key terms used throughout the agreement including 'Original Work', 'Sample', 'New Work'
4. Grant of Rights: Specific sampling rights being licensed and any restrictions on usage
5. Territory: Geographical scope of the licence
6. Term: Duration of the licence and any renewal provisions
7. Fees and Royalties: Payment terms, royalty calculations, and reporting requirements
8. Warranties and Representations: Standard warranties about ownership and right to license the Original Work
9. Termination: Circumstances under which the licence can be terminated and consequences of termination
10. General: Standard boilerplate provisions including governing law, notices, and entire agreement
1. Moral Rights: Waiver or acknowledgment of moral rights, included when required by territory or specific request
2. Quality Control: Included when licensor requires approval rights over the final work incorporating the sample
3. Credit Requirements: Included when specific crediting requirements are needed for the original work or artist
4. Sub-licensing Rights: Included when licensee needs rights to sub-license the sample to third parties
5. Promotional Rights: Included when specific provisions are needed regarding promotion and marketing of the New Work
1. Schedule 1: Original Work: Details and specifications of the original work being sampled
2. Schedule 2: Licensed Sample: Description or audio file reference of the specific sample being licensed, including duration and timestamp
3. Schedule 3: Royalty Calculations: Detailed breakdown of royalty calculations, payment terms, and revenue share arrangements
4. Schedule 4: Approved Credits: Format and wording of required credits and attributions
Authors
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