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Music Licensing Contract Template for England and Wales

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Key Requirements PROMPT example:

Music Licensing Contract

"I need a Music Licensing Contract for my indie record label to license our catalog of 50 songs to a streaming platform, with worldwide rights and a 5-year term starting January 2025, including quarterly reporting requirements."

What is a Music Licensing Contract?

The Music Licensing Contract serves as the primary instrument for authorizing the use of copyrighted music in various commercial and non-commercial contexts. It's essential when any party wishes to legally use musical works owned by another entity. The contract, governed by English and Welsh law, typically includes detailed terms about usage rights, territories, duration, royalty payments, and reporting requirements. It's particularly crucial in today's digital age where music usage spans multiple platforms and territories, requiring clear legal frameworks to protect rights holders while enabling commercial exploitation.

What sections should be included in a Music Licensing Contract?

1. Parties: Details of the licensor and licensee, including registered addresses and company numbers

2. Background: Context of the agreement and ownership confirmation of the musical works

3. Definitions: Key terms including 'Musical Works', 'Territory', 'Term', 'Royalties', 'Net Revenue'

4. Grant of Rights: Specific rights being licensed and any restrictions

5. Term and Territory: Duration of the license and geographical scope

6. Payment Terms: Royalty rates, payment schedule, and accounting provisions

7. Warranties and Representations: Standard warranties about ownership and right to license

8. Termination: Circumstances for termination and consequences

What sections are optional to include in a Music Licensing Contract?

1. Minimum Guarantee: Optional provisions for minimum payment guarantees, typically used for exclusive licenses or high-value works

2. Sub-licensing Rights: Optional provisions for granting sub-licenses, used when licensee needs to further license the rights

3. Creative Control: Optional provisions for approval rights over use of the music, used for sensitive works or brand protection

4. Marketing Obligations: Optional provisions for minimum marketing commitments, used for promotional licenses or new releases

What schedules should be included in a Music Licensing Contract?

1. Schedule 1 - Licensed Works: Detailed list of musical works covered by the license

2. Schedule 2 - Royalty Calculations: Detailed breakdown of royalty rates and calculation methods

3. Schedule 3 - Approved Uses: Specific approved uses and any restrictions

4. Schedule 4 - Technical Delivery Requirements: Format and quality requirements for music delivery

5. Appendix A - Reporting Template: Standard format for royalty reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses






























Industries

Copyright, Designs and Patents Act 1988: Primary UK legislation governing copyright protection, including musical works, sound recordings, performing rights, moral rights, duration of copyright, and licensing provisions

Copyright (Rights in Performances) Regulations 1996: Legislation specifically covering performers' rights and recording rights in musical performances

Intellectual Property (Enforcement, etc.) Regulations 2006: Regulations governing the enforcement of IP rights and remedies for infringement in the UK

Copyright and Related Rights Regulations 2003: Implementation of EU Copyright Directive, including digital rights management provisions

Competition Act 1998: Legislation ensuring fair competition in UK markets, relevant for licensing terms and territorial restrictions

Enterprise Act 2002: Framework for competition law enforcement and market investigations that may affect licensing agreements

Misrepresentation Act 1967: Law governing false or misleading statements made during contract formation

Unfair Contract Terms Act 1977: Legislation controlling the use of unfair terms in contracts, particularly exclusion clauses

Consumer Rights Act 2015: Law protecting consumer rights, applicable if licensing to consumers rather than businesses

Consumer Protection from Unfair Trading Regulations 2008: Regulations protecting consumers from unfair commercial practices

PRS for Music Regulations: Rules and requirements set by the Performing Right Society for music licensing in the UK

PPL Regulations: Requirements set by Phonographic Performance Limited for licensing recorded music

MCPS Guidelines: Guidelines from Mechanical-Copyright Protection Society for mechanical reproduction rights

Berne Convention: International treaty governing copyright protection across member states

Rome Convention: International convention protecting performers, producers of phonograms, and broadcasting organizations

WIPO Copyright Treaty: International treaty addressing copyright protection in the digital environment

TRIPS Agreement: International agreement on trade-related aspects of intellectual property rights

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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