The Non-Exclusive Music License Agreement is essential for businesses and individuals seeking to legally use copyrighted musical works in Indonesia. This document is specifically designed to comply with Indonesian copyright law, particularly Law No. 28 of 2014, and related regulations governing intellectual property rights. It provides a comprehensive framework for licensing musical works while maintaining the copyright owner's ability to license the same work to others. The agreement is commonly used when licensing music for various purposes including broadcasting, digital streaming, public performance, and commercial use. It includes detailed provisions for royalty payments, usage restrictions, and territorial limitations, while ensuring compliance with Indonesian legal requirements for copyright protection and licensing.
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1. Parties: Identification of the Licensor (rights holder) and Licensee, including full legal names, addresses, and company registration details if applicable
2. Background: Context of the agreement, confirmation of copyright ownership, and general purpose of the license
3. Definitions: Definitions of key terms used throughout the agreement, including 'Musical Work', 'Territory', 'Term', 'Licensed Rights', and 'Royalties'
4. Grant of License: Specific rights being granted, scope of use, territory, and non-exclusive nature of the license
5. Term and Termination: Duration of the license, renewal terms, and circumstances for termination
6. Royalties and Payment Terms: Payment structure, royalty rates, payment schedule, and reporting requirements
7. Licensor's Rights and Obligations: Responsibilities of the copyright holder, including warranties of ownership and right to license
8. Licensee's Rights and Obligations: Permitted uses, restrictions, and obligations regarding the licensed music
9. Copyright Notices: Requirements for displaying copyright information and attributions
10. Representations and Warranties: Standard warranties regarding ownership, non-infringement, and authority to enter agreement
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
12. General Provisions: Standard clauses including notices, amendments, and severability
1. Sub-licensing Rights: Include when the licensee needs the right to grant sub-licenses to third parties
2. Digital Rights Management: Include when the music will be distributed digitally, specifying technical protection measures
3. International Use: Include for licenses extending beyond Indonesian territory
4. Moral Rights: Include detailed provisions when the music will be modified or adapted
5. Synchronization Rights: Include when the music will be used in combination with visual media
6. Audit Rights: Include for higher-value licenses where regular auditing of usage may be necessary
7. Marketing and Promotion: Include when specific marketing obligations or restrictions are required
8. Exclusivity Carve-outs: Include when certain uses or territories need to be protected from non-exclusive licensing
1. Schedule A - Musical Works: 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 - Royalty Calculations: Detailed breakdown of royalty rates for different types of use
4. Schedule D - Reporting Template: Standard format for usage reports and royalty calculations
5. Appendix 1 - Technical Specifications: Technical requirements for music delivery and usage
6. Appendix 2 - Copyright Registrations: Copies of copyright registration certificates or documentation
7. Appendix 3 - Territory Specifications: Detailed description of geographic territories covered by the license
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