The Master and Sync License agreement is essential for any media production requiring the use of copyrighted music in South Africa. This document is specifically designed to comply with South African copyright law and entertainment industry regulations, combining the rights to use both the master recording and the underlying musical composition in various media formats. It's typically used when a production company, broadcaster, or content creator needs to incorporate existing music into their content, whether for film, television, advertising, or digital media. The agreement covers crucial elements such as usage scope, territory definitions, fee structures, and compliance requirements, making it suitable for both domestic and international licensing arrangements. The document addresses both traditional and digital exploitation of music, incorporating provisions for modern media usage while adhering to South African legal frameworks.
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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/control of rights, and purpose of the license
3. Definitions: Detailed definitions of key terms including 'Master Recording', 'Composition', 'Territory', 'Term', 'Synchronization', and other relevant terms
4. Grant of Rights: Specific rights granted for both master recording and musical composition, including synchronization and reproduction rights
5. Term and Territory: Duration of the license and geographical areas where rights are granted
6. Fee and Payment Terms: License fees, royalty rates, payment schedule, and accounting requirements
7. Usage Requirements: Specifications for how the music can be used, including any restrictions or approval requirements
8. Warranties and Representations: Assurances regarding ownership of rights, authority to license, and non-infringement
9. Credit and Attribution: Requirements for how the music and rights holders should be credited
10. Termination: Circumstances under which the agreement can be terminated and the consequences of termination
11. General Provisions: Standard legal clauses including governing law, jurisdiction, entire agreement, and amendments
1. Exclusivity: Terms regarding exclusive vs. non-exclusive rights, used when exclusive rights are being granted
2. Sub-licensing Rights: Permission and terms for licensee to sub-license the music, included when sub-licensing is permitted
3. Quality Control: Standards for technical quality and artistic integrity, important for high-profile or sensitive works
4. Moral Rights: Specific provisions regarding moral rights, particularly relevant for international usage
5. Digital Rights Management: Requirements for DRM protection, included when digital distribution is involved
6. Marketing and Promotion: Terms regarding the use of the music in promotional materials
7. Dispute Resolution: Alternative dispute resolution procedures, recommended for international agreements
8. Insurance Requirements: Insurance obligations of the licensee, important for high-value licenses
1. Schedule A - Licensed Works: Detailed list of master recordings and musical compositions covered by the license
2. Schedule B - Fee Schedule: Detailed breakdown of all fees, royalty rates, and payment terms
3. Schedule C - Technical Specifications: Technical requirements for master recordings and delivery formats
4. Schedule D - Territory Restrictions: Specific restrictions or requirements for different territories
5. Schedule E - Approved Uses: Detailed list of approved synchronization uses and any specific restrictions
6. Appendix 1 - Credit Requirements: Detailed requirements for credits and attributions in different contexts
7. Appendix 2 - Reporting Ƶ: Ƶ for usage reports and royalty statements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Entertainment
Media
Music
Film & Television
Advertising
Gaming
Digital Media
Broadcasting
Content Production
Music Publishing
Relevant Teams
Legal
Business Affairs
Music Licensing
Content Production
Rights Management
Media Operations
Creative Services
Copyright Administration
Production
Business Development
Relevant Roles
Music Licensing Manager
Rights Administrator
Legal Counsel
Music Supervisor
Content Producer
Media Rights Manager
Sync Licensing Executive
Entertainment Lawyer
Copyright Administrator
Business Affairs Director
Production Manager
Creative Director
Music Publisher
A&R Manager
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