The Commercial Music License agreement serves as a crucial legal instrument for businesses seeking to legally use music in commercial settings within Indonesia. This document is essential when a business entity requires authorization to use copyrighted music in their operations, whether for background music, events, or digital platforms. It ensures compliance with Indonesian Copyright Law No. 28 of 2014 and related regulations while protecting both the rights holder's interests and the licensee's commercial needs. The agreement includes comprehensive terms covering usage rights, territorial scope, payment structures, and reporting requirements, making it suitable for various commercial applications from retail establishments to digital platforms. This document is particularly important given Indonesia's strict enforcement of intellectual property rights and the growing commercial use of music across various business sectors.
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1. Parties: Identification of the licensor (rights holder) and licensee, including complete legal names, registration numbers, and addresses
2. Background: Context of the agreement, confirmation of ownership/right to license the music, and general purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Licensed Music', 'Territory', 'Term', 'Commercial Use', and 'Revenue'
4. Grant of License: Specific rights being granted, including permitted uses, territory, and duration of the license
5. License Fees and Payment Terms: Details of licensing fees, royalty rates, payment schedule, and reporting requirements
6. Usage Rights and Restrictions: Specific permitted uses and limitations on the use of the licensed music
7. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
8. Representations and Warranties: Warranties regarding ownership of rights, authority to license, and non-infringement
9. Intellectual Property Rights: Acknowledgment of ownership and protection of intellectual property rights
10. Reporting and Auditing: Requirements for usage reporting and right to audit
11. Confidentiality: Obligations regarding confidential information shared between parties
12. Governing Law and Dispute Resolution: Application of Indonesian law and dispute resolution procedures
13. General Provisions: Standard clauses including notices, assignment, and entire agreement
1. Digital Distribution Rights: Additional terms specific to digital distribution platforms and streaming services
2. Synchronization Rights: Terms for using the music in combination with visual media
3. Sub-licensing Rights: Terms allowing the licensee to sub-license the music to third parties
4. Territory-Specific Terms: Additional provisions for use in specific territories outside Indonesia
5. Marketing and Promotion: Terms regarding the promotion and marketing of the licensed music
6. Moral Rights: Specific provisions regarding the protection of moral rights under Indonesian law
7. Collection Society Arrangements: Terms relating to collection society memberships and royalty collection
8. Technical Requirements: Specific technical requirements for music reproduction or broadcasting
1. Schedule A - Licensed Music: Detailed list of licensed musical works including titles, composers, and registration numbers
2. Schedule B - Approved Uses: Specific approved uses and formats for the licensed music
3. Schedule C - Fee Schedule: Detailed breakdown of licensing fees, royalty rates, and payment terms
4. Schedule D - Technical Specifications: Technical requirements for music reproduction and quality standards
5. Schedule E - Reporting Templates: Templates for usage reporting and royalty calculations
6. Appendix 1 - Copyright Registrations: Copies of copyright registration certificates for the licensed music
7. Appendix 2 - Territory List: Detailed list of territories covered by the license and any territory-specific terms
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