The Music License Agreement is essential for businesses and individuals seeking to legally use musical works in Belgium and potentially other territories. This agreement is particularly relevant when a party wishes to obtain rights to use, reproduce, distribute, or perform musical works for commercial purposes. The document must comply with Belgian copyright law, including the Copyright Act of 1994 and relevant EU directives, while addressing specific aspects of Belgian legal requirements such as moral rights protection and collective rights management. It's commonly used in various contexts, from traditional broadcasting to digital platforms, and can be adapted for different types of music usage, including synchronization, streaming, or public performance. The agreement typically includes comprehensive details about payment terms, usage restrictions, territorial scope, and reporting requirements, making it suitable for both simple and complex licensing arrangements.
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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, identification of the musical work(s), and confirmation of ownership/right to license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Musical Work', 'Territory', 'Term', 'Royalties', etc.
4. Grant of Rights: Specific rights being licensed, including reproduction, distribution, public performance, and any digital rights
5. Term and Territory: Duration of the license and geographical areas where the license applies
6. Payment Terms: Royalty rates, payment schedules, accounting periods, and reporting requirements
7. Warranties and Representations: Guarantees from both parties, especially regarding ownership and right to license the music
8. Use and Restrictions: Specific permitted uses and limitations on the use of the licensed music
9. Credit and Attribution: Requirements for crediting the rights holders in various contexts
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. Synchronization Rights: Include when the license covers use of music in audiovisual productions
2. Sub-licensing Rights: Include when the licensee is permitted to sub-license the music to third parties
3. Digital Platform Specific Terms: Include when the music will be used on specific digital platforms or streaming services
4. Moral Rights: Include specific provisions about moral rights protection, particularly relevant under Belgian law
5. Collective Management: Include when dealing with rights managed by collecting societies
6. Marketing and Promotion: Include specific terms about how the music can be used in marketing materials
7. Territory-Specific Requirements: Include when there are specific legal requirements for certain territories
8. Data Protection: Include detailed GDPR compliance terms when personal data processing is involved
1. Schedule A - Licensed Musical Works: Detailed list of all musical works covered by the agreement, including composers, publishers, and registration numbers
2. Schedule B - Royalty Rates: Detailed breakdown of royalty rates for different types of use and territories
3. Schedule C - Reporting Template: Template for regular royalty reporting and usage statements
4. Schedule D - Technical Delivery Requirements: Technical specifications for music file delivery and accepted formats
5. Appendix 1 - Approved Usage Examples: Examples of approved uses of the licensed music
6. Appendix 2 - Credit Requirements: Detailed requirements for crediting rights holders in different contexts
7. Appendix 3 - Territory Restrictions: Specific restrictions or requirements for different territories
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