A Music License For Video agreement is essential when incorporating musical works into video content, whether for commercial, promotional, or entertainment purposes. This document, structured under Austrian law, provides the necessary legal framework for both music rights holders and video producers to establish clear terms for music usage in audiovisual content. It addresses key requirements under the Austrian Urheberrechtsgesetz (Copyright Act) and related legislation, including interaction with collective management organizations like AKM. The agreement typically covers synchronization rights, mechanical rights, and public performance rights, while also addressing digital distribution considerations. It's particularly relevant in today's multi-platform environment where video content may be distributed across various media channels and territories.
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1. Parties: Identification of the licensor (rights holder/music publisher) and licensee (video producer/company)
2. Background: Context of the agreement, including description of the musical work and intended video usage
3. Definitions: Key terms including Musical Work, Video, Territory, Term, Synchronization, Public Performance, etc.
4. Grant of Rights: Specific rights granted for using the music in video, including synchronization and public performance rights
5. Scope of License: Detailed parameters of permitted usage, including territory, duration, and platforms
6. License Fee and Payment Terms: Financial terms, payment schedule, and reporting requirements
7. Usage Restrictions: Specific limitations on how the music can be used, modified, or incorporated
8. Credit and Attribution: Requirements for crediting the music creator and copyright holders
9. Representations and Warranties: Guarantees regarding ownership and right to license the music
10. Term and Termination: Duration of the license and conditions for termination
11. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
1. Collective Rights Management: Section addressing relationship with collecting societies (like AKM) - required if the music is registered with collecting societies
2. Digital Rights Management: Technical requirements for protecting the musical work - needed for digital distribution
3. Sub-licensing Rights: Terms for allowing licensee to sub-license the music - included if sub-licensing is permitted
4. International Usage: Additional terms for international distribution - required for multi-territory licenses
5. Modification Rights: Terms allowing editing or remixing of the music - included if modifications are permitted
6. Revenue Share: Terms for sharing revenue from video monetization - needed for commercial video platforms
1. Schedule A - Musical Work Details: Detailed information about the licensed music including title, composer, duration, and registration numbers
2. Schedule B - Payment Schedule: Detailed breakdown of license fees, payment dates, and calculation methods
3. Schedule C - Technical Specifications: Technical requirements for music implementation, including format and quality specifications
4. Schedule D - Approved Platforms: List of approved platforms and media where the video can be distributed
5. Appendix 1 - Credit Requirements: Detailed requirements for how the music should be credited in different contexts
6. Appendix 2 - Territory Restrictions: Detailed breakdown of territorial restrictions or permissions by region
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