The Single Use Music License is a crucial legal instrument in New Zealand's music industry, designed to facilitate the authorized one-time use of copyrighted musical works. This document becomes necessary when an entity requires permission to use a specific piece of music for a singular purpose, such as in an advertisement, film, public event, or digital content. The agreement ensures compliance with New Zealand's Copyright Act 1994 and related intellectual property laws, while protecting both the rights holder's interests and providing clear parameters for the licensee's permitted use. It includes detailed specifications about the musical work, intended use, territory restrictions, and payment terms, making it essential for any business or individual seeking to legally utilize copyrighted music for a specific purpose.
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1. Parties: Identifies and defines the Licensor (rights holder) and Licensee (user)
2. Background: Establishes the context, confirms ownership of the music, and states the intention to grant a single-use license
3. Definitions: Defines key terms used throughout the agreement including 'Musical Work', 'Recording', 'Territory', and 'Licensed Use'
4. Grant of License: Specifies the exact rights being granted and the scope of permitted use
5. License Fee and Payment Terms: Details the license fee, payment schedule, and any applicable royalties
6. Usage Restrictions: Clearly outlines what the Licensee cannot do with the musical work
7. Duration: Specifies the term or period for which the single use is licensed
8. Warranties and Representations: Licensor's warranties regarding ownership and rights to license the music
9. Intellectual Property: Confirms ongoing ownership of IP rights and protection measures
10. Termination: Circumstances under which the license can be terminated and consequences
11. General Provisions: Standard contractual terms including governing law, notices, and entire agreement
1. Synchronization Rights: Additional section when the music will be synchronized with visual media
2. Territory Extensions: Required when use extends beyond New Zealand
3. Digital Platform Specifications: Needed when the music will be used on specific digital platforms
4. Credit and Attribution: Details how the artist/composer should be credited in the licensed use
5. Moral Rights: Specific provisions regarding the protection of moral rights when relevant
6. Quality Control: When the licensor requires approval rights over the final use
7. Indemnification: Additional protection clauses for high-risk uses
1. Schedule 1: Musical Work Details: Detailed information about the licensed music including title, composer, duration, and recording details
2. Schedule 2: Licensed Use Specifications: Specific details about how, when, and where the music will be used
3. Schedule 3: Technical Requirements: Technical specifications for the delivery and use of the music
4. Schedule 4: Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
5. Appendix A: Copyright Registration: Copies of copyright registration certificates or other ownership documentation
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