exclusive license

This License Agreement is made on Purchase Date by and between The Buyer (“Licensee”) and The Seller (“Licensor”). Licensor warrants that it controls the mechanical rights in and to the musical work named “beat” (“Composition”) being sold to the Licensee as of and prior to the Effective Date.

Copyright

The Licensee and Licensor have agreed to the following terms:
the licensee understands that the licensor maintains 100% copyright and ownership of the original instrumental composition and that licensee buys exclusive sales rights and rights of use to the beat-composition(s) but not the intellectual property itself. Exclusive rights allow the Licensee to use the Instrumental for unlimited commercial recordings or broadcasts. The Licensee has full rights to record, alter, mix the Instrumental in any shape, way, or form (except reselling the Instrumental). The Licensee must give full credit to the Licensor as on all commercial recordings. The Licensor still owns copyright to the Instrumental but is no longer be able to sell the Instrumental.

Publishing

Where a project is commercially released and registered with a performance rights organization, Licensor shall be acknowledged as a Writer. The licensee is required to share royalties for synchronization licenses (works that are placed on television shows, film, advertisements, video games, movie trailers, etc.). Displayed below is the information you will need to register your recordings with Performance Rights Organizations such as SIAE, BMI, ASCAP, SESAC, etc.

Licensee owns 50% of the publishing rights created to the beat.
Licensor owns 50% of the publishing rights created to the beat.
Licensor owns still 100% of the instrumental.

Music Videos

The Licensor hereby grants to Licensee an exclusive license to use the Master Recording in unlimited music videos.

100% Royalty Free Beats

The Licensor hereby grants synchronisation rights for unlimited music videos streamed online (YouTube, Vimeo etc..) for unlimited monetised video streams. The Licensor also grants the Licensee synchronisation rights for unlimited monetised audio streams to sites like Spotify, Rhapsody etc.

Broadcast Rights

The Licensor hereby grants to Licensee an exclusive license to broadcast or air the Master Recording on unlimited radio stations or through unlimited station channels, respectively.

Compensation

Payment for this License is non-refundable. If the Licensee fails to account to the Licensor, timely and complete the payments provided for hereunder, the Licensor shall have the right to terminate this License upon written notice to the Licensee. Such termination shall render the recording, manufacture and/or distribution of Recordings for which monies have not been paid subject to and actionable as infringements under applicable law.

Indemnification

Licensee agrees to indemnify and hold Licensor harmless from and against any and all claims, losses, damages, costs, and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or resulting from a claimed breach of any of Licensee’s representations, warranties or agreements hereunder.

Credit

The licensee shall acknowledge the original authorship of the Composition appropriately and reasonably in all media and performance formats by acknowledging the relevant author in writing where possible and vocally otherwise. Licensee must include on all productions, products, medium, physical media or within web presentation of the whole or of a portion (e.g. pre-listening) or sum of the original instrumental composition that is being licensed in this agreement, including but not limited to any displayed or downloadable files such as MP3-files, CD’s, CD covers, Booklets, Cassette tapes, LP’s, Cards, Cases, Boxes, etc. credit to Notes Producer in the written form ‘Beat by Notes Producer www.notesproducer.com. Used under license’.

Miscellaneous

1. The Licensor expressly forbids resale or other distribution of the Instrumental, either as they exist or any modification thereof. The Licensor can not sell, loan, rent, lease, assign, remix, rearrange, remove any melodies, instruments, drum programming or transfer rights under to another user (example – Record Label, another production company, another producer), or for use in any competitive product without written consent and or another license agreement.

2. Licensee must supply the Licensor with at least 1 copy of each final recording made using the Instrumental.

3. Licensee must include credits to Licensor on all physical media containing a portion or sum of the Instrumental that is being licensed in this agreement. Including but not limited to CD’s, CD covers, Cassette tapes, Cards, Mixtapes, Websites, etc.

4. Licensee must contact and inform Licensor of CD sales if the Instrumental is used for commercial purposes with a record label. The Licensor must receive credit for the Instrumental unless agreed upon otherwise by the two parties.

5. Written consent is required if the Instrumental is to be used for Radio Broadcast, Commercial Advertisement, Television Broadcast, Video Games, Internet, On-hold & In House Background Music, or film Soundtracks. By receiving this contract via email, you automatically agree to the terms stated above and gain exclusive rights to the Instrumental.

6. Exclusive beats will no longer be offered for sale in any one of Notes Producer’s stores and marketplaces. An exclusive beat purchase comes as a mixed tag-free WAV-file and the corresponding separate tracks in WAV-format, also known as stems. Licensee is allowed to sell his song over the beat-composition without any sales limitation or sales cap, worldwide and throughout the universe, without terminability, in any commercial/profitable form, and/or transfer the rights to his song over the beat, to another party such as Record Labels, another production company and another artist, but never the rights to the beat-composition itself for a standalone beat-composition product. Licensee can use song(s) over beat compositions as background element in TV, Video, Film and DVD / computer game projects without obtaining written consent and/or another license agreement. Once a beat has been sold with exclusive license, it will no longer be available for any kind of future sale/licensing. Once exclusive beats are sold, the beat(s) will be marked as ‘sold’ or hidden, and any possible download and licensing option will be removed. The licensor expressly forbids re-sale or other distribution of the producer’s beat-composition, either as they exist or any modifications thereof for use in any competitive product, nor can licensee transfer his rights to the beat-composition to a third party if it’s not a full song with artist’s/licensee’s own vocals or at least lyrics.