The Copyright License For Music is a vital legal instrument used in Hong Kong's entertainment and media industry to facilitate the authorized use of copyrighted musical works. This document is essential when a party wishes to legally use, reproduce, distribute, or perform copyrighted music, whether for commercial or non-commercial purposes. It ensures compliance with Hong Kong's Copyright Ordinance while protecting both the rights holder's interests and providing clear parameters for the licensee's usage. The agreement is particularly relevant in today's digital age, where music distribution spans multiple platforms and territories. It includes comprehensive terms covering digital rights, performance rights, and mechanical reproduction rights, along with specific provisions for royalty payments and reporting requirements.
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1. Parties: Identification of the licensor (copyright owner) and licensee, including full legal names and addresses
2. Background: Context of the agreement, including ownership confirmation of the musical works and purpose of the license
3. Definitions: Detailed definitions of key terms including 'Musical Works', 'Territory', 'Term', 'Reproduction Rights', 'Distribution Rights', and other technical terms
4. Grant of Rights: Specific rights being licensed, including reproduction, distribution, public performance, and digital transmission rights
5. Territory and Term: Geographic scope of the license and duration, including renewal terms
6. License Fees and Royalties: Payment terms, royalty rates, payment schedule, and reporting requirements
7. Use Restrictions: Limitations on how the licensed music can be used, including any prohibited uses
8. Quality Control: Standards for reproduction and use of the musical works
9. Representations and Warranties: Warranties regarding ownership, right to license, and non-infringement
10. Attribution and Notices: Requirements for crediting the copyright owner and displaying copyright notices
11. Record Keeping and Audit Rights: Requirements for maintaining records and right of licensor to audit
12. Termination: Circumstances under which the license can be terminated and consequences of termination
13. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
14. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Synchronization Rights: Additional section when the license includes right to sync music with visual content
2. Sub-licensing Rights: Include when licensee is permitted to sub-license the musical works to third parties
3. Digital Platform Requirements: Specific terms for digital distribution platforms when applicable
4. Live Performance Rights: Terms for live performance rights if included in the license scope
5. Moral Rights: Specific provisions regarding moral rights recognition and waiver where applicable
6. Marketing and Promotion: Terms regarding the use of music in promotional materials
7. Territory-Specific Requirements: Additional requirements for specific territories if international use is permitted
1. Schedule 1 - Licensed Musical Works: Detailed list of all musical works covered by the license, including titles, composers, and registration numbers
2. Schedule 2 - Royalty Calculations: Detailed breakdown of royalty rates and calculation methods for different types of use
3. Schedule 3 - Technical Specifications: Technical requirements for reproduction and distribution of the musical works
4. Schedule 4 - Reporting Template: Template for regular royalty reporting and usage statements
5. Appendix A - Copyright Registration Certificates: Copies of copyright registration certificates for the licensed works
6. Appendix B - Approved Usage Examples: Examples of approved uses and formatting of the licensed music
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