Exclusive License Agreement
This license agreement is made on {DATE OF PURCHASE} (“Effective Date”) between {YOUR NAME} (hereinafter referred to as the “Licensee”), also known professionally as {YOUR ARTISTIC NAME}, and {NICOLAS MORENO RIVERO} (“Composer”) (hereinafter referred to as the “Licensor”).
The Licensor warrants that they control the mechanical rights to the copyrighted musical work titled {NAME OF THE BEAT} (“Composition”) as of and prior to the Effective Date. The Composition, including its music, was composed by {NICOLAS MORENO RIVERO} (“Composer”) and is managed by the Licensor.
This license is non-refundable and non-transferable.
The Licensor grants the Licensee an exclusive license (“License”) to record vocal synchronization of the Composition, in whole or in part, substantially in its original form (“Master Recording”).
The Licensor grants the Licensee an exclusive license to use the instrumental in the reproduction, duplication, manufacture, and distribution of phonographic records, cassette tapes, compact discs, digital downloads, and other audio and digital recordings (collectively, “Recordings”) worldwide. This includes the right to sell unlimited copies of the Recordings, provided the Licensee pays the Licensor a fee of $ AUD, receipt of which is acknowledged.
Additionally, the Licensee is permitted to distribute free internet downloads or streams for non-commercial and nonprofit purposes. This license also allows unlimited monetized audio streams on platforms like Spotify, Rdio, Rhapsody, and YouTube.
The Licensor grants the Licensee an exclusive license to use the Master Recording in unlimited profit-based performances, shows, or concerts.
The Licensee may exploit and monetize their unique derivative works incorporating the Composition for use in TV, film, video games, or other synchronization projects. The Licensee may represent other rights holders of the original composition for its exploitation and has the authority to grant non-exclusive licenses for synchronization use, provided appropriate credit and publishing details are provided.
The Licensor grants the Licensee unlimited broadcasting rights on radio stations.
The Licensee must credit the original authorship of the Composition under the name “Nicolas Moreno Rivero” in all performance mediums, in writing where possible, and verbally otherwise.
In exchange for the rights granted under this agreement, the Licensee shall pay the Licensor $ AUD and other good and valuable consideration, payable to “Nicolas Moreno Rivero”. If the Licensee fails to make timely payments or fulfil other obligations under this agreement, the Licensor reserves the right to terminate the License by written notice. Upon termination, any unauthorized use of the Composition or Recordings will be actionable under applicable Australian copyright laws, including the Copyright Act 1968.
The Licensee must create a new song (“New Song”) incorporating the Composition. Selling the Beat in its original form without creating a New Song constitutes a material breach of this Agreement. The Licensee is not authorized to license or sub-license the Beat or New Song for use in third-party “samples.”
The Licensee agrees to indemnify and hold the Licensor harmless from any claims, losses, damages, costs, or expenses arising from breaches of the Licensee’s representations or obligations under this Agreement.
Approval of third-party samples is the responsibility of the Licensee.
Ownership of the derivative composition incorporated in the New Song is divided as follows:
Licensee: 50% of the writer’s share.
Licensor: 50% of the writer’s share and retains 50% of the publisher’s share.
The Licensor reserves the right to terminate this License within three (3) years by providing written notice to the Licensee. Upon termination, the Licensor must refund 200% of the License Fee paid. The Licensee must immediately cease distribution of the New Song across all physical and digital platforms.
This License is governed by the laws of the Commonwealth of Australia. Any disputes will be resolved in Australian courts.
This agreement constitutes the entire agreement between the parties regarding the Composition and supersedes all prior agreements. If any provision of this Agreement is deemed invalid, the remaining provisions shall remain in effect.
By signing below, the Licensor and Licensee acknowledge that they have read, understood, and agree to the terms of this Agreement.