The Non-Exclusive License Agreement Music is essential for businesses and individuals seeking to legally use musical works in India while allowing the rights holder to maintain the ability to license the same works to others. This agreement type is commonly used when multiple parties need access to the same musical content, such as for broadcasting, public performance, or digital distribution. The document, governed by Indian law, particularly the Copyright Act, 1957 and Copyright Rules, 2013, includes crucial details about usage rights, territorial scope, duration, payment terms, and compliance requirements. It's particularly relevant in today's digital age where music licensing has become increasingly complex and requires careful attention to both traditional and digital rights management.
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1. Parties: Identification of the licensor (rights holder) and licensee with full legal names and addresses
2. Background: Context of the agreement, confirmation of ownership of rights, and general purpose of the license
3. Definitions: Definitions of key terms including 'Musical Work', 'Territory', 'Term', 'Licensed Rights', and other relevant terms
4. Grant of License: Specific rights being granted, scope of use, and confirmation of non-exclusive nature
5. Territory and Term: Geographic scope of the license and duration of the agreement
6. License Fee and Payment Terms: Financial terms, payment schedule, and royalty calculations if applicable
7. Licensee Obligations: Responsibilities of the licensee including usage restrictions and quality control
8. Intellectual Property Rights: Acknowledgment of ownership and protection of IP rights
9. Representations and Warranties: Standard warranties regarding ownership, right to license, and non-infringement
10. Indemnification: Mutual or one-way indemnification provisions for breach or third-party claims
11. Termination: Circumstances for termination, notice requirements, and post-termination obligations
12. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution
1. Sub-Licensing Rights: Include when licensee is permitted to sub-license the music to third parties
2. Digital Rights Management: Include for digital distribution to specify technical protection measures
3. Performance Rights: Include when public performance rights are part of the license scope
4. Marketing and Promotion: Include when specific marketing rights or obligations are involved
5. Moral Rights: Include when addressing attribution and integrity rights of the original artists
6. Audit Rights: Include for revenue-sharing arrangements requiring financial verification
7. Territory Restrictions: Include when specific territorial limitations or requirements apply
8. Synchronization Rights: Include when music is licensed for use with visual media
1. Schedule A - Licensed Musical Works: Detailed list of all musical works covered by the license, including titles, composers, and duration
2. Schedule B - Approved Usage Formats: Specific formats and mediums in which the music can be used
3. Schedule C - Fee Schedule: Detailed breakdown of license fees, royalty rates, and payment terms
4. Schedule D - Technical Specifications: Technical requirements for music delivery and usage
5. Schedule E - Credit and Attribution Requirements: Specific requirements for crediting artists and rights holders
6. Appendix 1 - Copyright Registrations: Details of copyright registrations for all licensed works
7. Appendix 2 - Territory-Specific Requirements: Any specific legal or regulatory requirements for different territories
Authors
Relevant legal definitions
Clauses
Relevant Industries
Music and Entertainment
Media and Broadcasting
Digital Technology
Advertising and Marketing
Hospitality
Retail
Film and Television Production
Gaming and Interactive Entertainment
Events and Live Entertainment
Digital Content Creation
Relevant Teams
Legal
Licensing
Business Development
Content Acquisition
Rights Management
Commercial
Digital Operations
Compliance
Entertainment
Music Production
Content Strategy
Relevant Roles
Legal Counsel
Music Rights Manager
Licensing Manager
Content Acquisition Manager
Business Development Manager
Music Supervisor
Commercial Director
IP Rights Manager
Entertainment Lawyer
Digital Rights Manager
Content Strategy Director
Publishing Manager
Operations Manager
Compliance Officer
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