The Master License Music agreement is a crucial document for businesses and individuals seeking to legally use and commercialize musical works in New Zealand. This agreement is typically used when a rights holder (such as a music publisher or record label) grants permission to another party to use specific musical works for various purposes, including broadcasting, streaming, or public performance. The document must comply with New Zealand's Copyright Act 1994 and related legislation, incorporating local legal requirements and industry standards. It protects both the rights holder's intellectual property and the licensee's commercial interests by clearly defining usage rights, territories, payment terms, and compliance requirements. This agreement type is particularly important in today's digital age, where music usage spans multiple platforms and territories, requiring careful consideration of rights management and commercial terms.
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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, confirmation of ownership/right to license the musical works
3. Definitions: Detailed definitions of key terms including 'Musical Works', 'Territory', 'License Period', 'Royalties', etc.
4. Grant of License: Specific rights being granted, including territory, duration, and scope of use
5. License Fee and Royalties: Payment terms, royalty rates, calculation methods, and payment schedule
6. Reporting and Accounting: Requirements for usage reporting, royalty calculations, and audit rights
7. Intellectual Property Rights: Confirmation of ownership, protection of rights, and handling of infringement
8. Quality Control: Standards for use of the musical works and approval requirements
9. Warranties and Representations: Guarantees regarding ownership, right to license, and non-infringement
10. Term and Termination: Duration of agreement, renewal terms, and termination conditions
11. Confidentiality: Protection of confidential information shared during the agreement
12. General Provisions: Standard clauses including governing law, notices, assignment, and entire agreement
1. Sub-licensing Rights: Include when licensee is permitted to sub-license the musical works to third parties
2. Digital Distribution: Include for digital platform usage and streaming rights
3. Synchronization Rights: Include when music will be used in audiovisual productions
4. Moral Rights: Include specific provisions for handling moral rights under NZ law
5. Marketing and Promotion: Include when specific marketing rights or restrictions apply
6. Territory-Specific Terms: Include when license covers multiple territories with different requirements
7. Minimum Guarantee: Include when there's a minimum payment guarantee requirement
1. Schedule 1 - Licensed Musical Works: Detailed list of all musical works covered by the agreement, including composers and ownership details
2. Schedule 2 - Royalty Rates: Detailed breakdown of royalty rates for different types of usage
3. Schedule 3 - Approved Usage Formats: Specifications for how the music may be used, including technical requirements
4. Schedule 4 - Territory Details: Specific territories covered and any territory-specific terms
5. Schedule 5 - Reporting Ƶ: Standard forms for usage reporting and royalty calculations
6. Appendix A - Copyright Registrations: Details of copyright registrations for all covered works
7. Appendix B - Prior Licenses: List of any existing licenses that may affect the current agreement
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