The Music Video License Agreement is essential for managing the commercial exploitation of music videos in India's entertainment industry. This document is used when a party wishes to obtain rights to use, distribute, or broadcast a music video across various platforms and territories. It comprehensively addresses licensing terms, royalty payments, usage restrictions, and technical requirements while ensuring compliance with Indian copyright laws and industry regulations. The agreement is particularly important given India's complex entertainment rights landscape and the growing digital distribution market. It typically includes provisions for both traditional broadcasting and digital platforms, making it adaptable to various commercial scenarios while protecting the interests of rights holders and content creators.
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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, identifying the music video and underlying works
3. Definitions: Key terms used throughout the agreement, including 'Music Video', 'Territory', 'Term', 'Licensed Rights', etc.
4. Grant of Rights: Specific rights being licensed, including broadcasting, streaming, public performance, and territorial scope
5. Term and Territory: Duration of the license and geographical areas where the license applies
6. License Fees and Payment Terms: Financial compensation, payment schedule, and reporting requirements
7. Usage Restrictions: Limitations on how the music video can be used, modified, or distributed
8. Technical Delivery: Format and specifications for delivery of the music video content
9. Credits and Attribution: Requirements for displaying artist, songwriter, and other credits
10. Representations and Warranties: Guarantees regarding ownership, rights clearance, and authority to license
11. Termination: Conditions under which the agreement can be terminated and consequences
12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
1. Synchronization Rights: Required when the licensee needs rights to synchronize the musical composition with visual elements
2. Editing Rights: Include when licensee requires rights to edit or modify the music video
3. Sub-licensing Rights: Needed when licensee requires ability to sub-license to third parties
4. Digital Rights Management: Include for digital distribution requirements and technological protection measures
5. Minimum Performance Requirements: Include when license is contingent on meeting certain broadcasting or streaming targets
6. Artist Approval Rights: Include when artist retains right to approve certain uses or modifications
7. Revenue Share Provisions: Required for agreements involving revenue sharing from exploitation
8. Moral Rights Waiver: Include when modification rights are granted that might affect moral rights
1. Schedule A - Music Video Specifications: Technical details of the music video, including format, duration, and quality specifications
2. Schedule B - Payment Schedule: Detailed breakdown of license fees, payment dates, and calculation methods
3. Schedule C - Territory List: Comprehensive list of countries/regions where license applies
4. Schedule D - Permitted Platforms: List of authorized platforms and media for music video distribution
5. Schedule E - Credit Requirements: Detailed requirements for artist, songwriter, and production credits
6. Appendix 1 - Copy of Music Video: Reference copy of the licensed music video
7. Appendix 2 - Clearance Certificates: Documentation of rights clearances for all elements in the music video
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