The Master Use License Music agreement is essential for businesses seeking to legally use recorded music in Germany and potentially other territories. This document type is particularly crucial when companies need to obtain rights to use specific master recordings for commercial purposes, such as in films, advertisements, games, or streaming platforms. The agreement must comply with German copyright law (Urheberrechtsgesetz) and related regulations, while often considering EU-wide implications. It typically includes detailed provisions about usage rights, territorial restrictions, payment terms, and technical requirements for the master recordings. The document serves as a critical tool for protecting both the rights holders' interests and ensuring legal compliance for users of the musical content.
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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, identifying the musical work(s) and the parties' authority to enter into the agreement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Master Recording', 'Territory', 'Term', and 'Licensed Use'
4. Grant of Rights: Specific rights being licensed, including scope, territory, and duration of the license
5. License Fees and Payment Terms: Financial terms, including upfront payments, royalties, accounting periods, and payment methods
6. Usage Restrictions: Specific limitations on how the music can be used, including any prohibited uses
7. Quality Control: Standards for reproduction and use of the master recording
8. Credits and Attribution: Requirements for crediting artists, songwriters, and copyright holders
9. Representations and Warranties: Parties' assurances regarding rights ownership and authority to license
10. Term and Termination: Duration of the agreement and conditions for early termination
11. Indemnification: Mutual or unilateral indemnification obligations
12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
13. General Provisions: Standard clauses including notices, assignment, entire agreement, and severability
1. Digital Distribution Rights: Specific terms for digital distribution platforms, including streaming services - include when digital distribution is part of the license
2. International Use: Additional terms for use in multiple territories - include when license extends beyond Germany
3. Synchronization Rights: Terms for using the music in audiovisual productions - include when sync rights are part of the license
4. Sampling Rights: Terms for allowing/restricting sampling of the master recording - include when relevant to the use case
5. Sub-licensing Rights: Terms for allowing/restricting sublicensing - include when sublicensing is permitted
6. Marketing and Promotion: Terms for promotional use of the music - include when promotional rights are granted
7. Moral Rights: Specific provisions regarding moral rights under German law - include when significant modifications are permitted
1. Schedule A - Licensed Recordings: Detailed list of master recordings covered by the agreement, including recording details and ISRC codes
2. Schedule B - Approved Uses: Specific approved uses and formats for the licensed recordings
3. Schedule C - Fee Schedule: Detailed breakdown of all fees, royalty rates, and payment terms
4. Schedule D - Technical Specifications: Technical requirements for music file formats and quality standards
5. Schedule E - Credit Requirements: Detailed requirements for artist and copyright credits in different contexts
6. Appendix 1 - Territory Restrictions: Specific territorial restrictions or requirements by country/region
7. Appendix 2 - Required Notices: Standard copyright notices and other required legal text
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