The Non-Exclusive Music License Agreement (Music) is essential for businesses and individuals seeking to legally use musical works in Canada while allowing the rights holder to maintain control over their intellectual property and grant similar rights to others. This document is particularly relevant when the licensee needs to use specific musical works for commercial purposes, such as in advertising, background music, or content creation, but doesn't require exclusive rights. The agreement must comply with Canadian federal legislation, particularly the Copyright Act and SOCAN regulations, while addressing unique Canadian legal requirements such as moral rights protection. It typically includes detailed terms about usage rights, territorial limitations, royalty payments, and reporting requirements, making it suitable for various commercial applications while protecting both parties' interests.
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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 License: Specific rights being granted, clear statement of non-exclusivity, and permitted uses of the musical work
5. Term and Termination: Duration of the license, renewal terms, and conditions for early termination
6. License Fees and Royalties: Payment terms, royalty rates, payment schedule, and reporting requirements
7. Warranties and Representations: Licensor's warranties regarding ownership and right to license; licensee's warranties regarding usage
8. Usage Restrictions: Specific limitations on how the music can be used, including media types and contexts
9. Credit and Attribution: Requirements for crediting the rights holders in various contexts
10. Intellectual Property Rights: Confirmation of ownership and protection of intellectual property rights
11. Confidentiality: Obligations regarding confidential information shared during the agreement
12. General Provisions: Standard legal clauses including governing law, notices, assignment, and entire agreement
1. Territory Restrictions: Specific geographical limitations on the license, used when the license is limited to certain countries or regions
2. Sub-licensing Rights: Terms for allowing the licensee to sub-license the music, if permitted
3. Quality Control: Standards for the technical quality of music reproduction, needed for specific use cases like broadcasting or streaming
4. Moral Rights: Specific provisions regarding moral rights, particularly relevant in Canadian context
5. Distribution Rights: Specific terms for distribution of the music, if applicable
6. Marketing and Promotion: Terms regarding the promotion and marketing of the licensed music
7. Audit Rights: Provisions allowing the licensor to audit the licensee's usage and payments, typically included for larger commercial agreements
8. Insurance Requirements: Specific insurance obligations, typically included for commercial or high-value licenses
1. Schedule A - Licensed Musical Works: Detailed list of all musical works covered by the agreement, including titles, composers, and unique identifiers
2. Schedule B - Approved Usage Contexts: Specific approved uses, platforms, and contexts for the licensed music
3. Schedule C - Fee Schedule: Detailed breakdown of all fees, royalty rates, and payment terms
4. Schedule D - Technical Specifications: Technical requirements for music reproduction and usage
5. Appendix 1 - Reporting Template: Standard template for usage reporting and royalty calculations
6. Appendix 2 - Credit Requirements: Detailed requirements for crediting artists and rights holders in different contexts
Relevant legal definitions
Clauses
Relevant Industries
Entertainment
Music Industry
Media Production
Broadcasting
Digital Media
Retail
Hospitality
Advertising
Gaming Industry
Event Management
Film and Television
Streaming Services
Relevant Teams
Legal
Licensing
Business Development
Content Acquisition
Creative Services
Production
Finance
Compliance
Intellectual Property
Marketing
Digital Rights Management
Relevant Roles
Legal Counsel
Music Rights Manager
Licensing Manager
Copyright Administrator
Business Development Manager
Content Acquisition Manager
Music Supervisor
Entertainment Lawyer
Intellectual Property Specialist
Commercial Director
Creative Director
Production Manager
Digital Rights Manager
Compliance Officer
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