The Non Exclusive License Agreement Music is a crucial legal instrument in the Irish music industry, designed to facilitate the commercial exploitation of musical works while protecting rights holders' interests. This agreement type is commonly used when a copyright owner wishes to grant permission for the use of their music while retaining the freedom to license the same works to others. It's particularly relevant in today's digital age where musical works are used across multiple platforms and media. The agreement must comply with Irish copyright law, particularly the Copyright and Related Rights Act 2000, and relevant EU regulations. It typically includes specific provisions for digital distribution, performance rights, and royalty calculations, making it suitable for various commercial applications from streaming platforms to background music in retail establishments. The document provides essential protection for both licensors and licensees while ensuring transparency in commercial arrangements.
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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, confirmation of ownership/right to license the musical works
3. Definitions: Definitions of key terms used throughout the agreement, including 'Musical Works', 'Territory', 'Term', 'License Fee', etc.
4. Grant of License: Specific rights being granted, clear statement of non-exclusivity, permitted uses and restrictions
5. Territory and Term: Geographic scope of the license and duration of the agreement
6. License Fees and Payment Terms: Financial terms, payment schedule, reporting requirements, and audit rights
7. Obligations of the Licensee: Licensee's responsibilities regarding use of the music, quality control, and reporting
8. Intellectual Property Rights: Confirmation of IP ownership, protection of rights, and handling of infringement
9. Representations and Warranties: Standard warranties regarding ownership, right to license, and non-infringement
10. Limitation of Liability: Limitations on liability and indemnification provisions
11. Termination: Circumstances for termination, notice requirements, and consequences of termination
12. General Provisions: Standard boilerplate clauses including notices, assignment, governing law, etc.
1. Marketing and Promotion: Requirements for credit attribution and approval of promotional materials
2. Digital Distribution: Specific terms for digital platforms and streaming services
3. Synchronization Rights: Additional terms if the license includes right to sync music with visual media
4. Sub-licensing Rights: Terms governing whether and how the licensee can sub-license the music
5. Performance Reporting: Detailed requirements for tracking and reporting public performances
6. Territory Restrictions: Specific restrictions or requirements for different territories
7. Moral Rights: Specific provisions regarding moral rights where relevant
1. Schedule 1 - Licensed Musical Works: Detailed list of all musical works covered by the license, including composers, recording details
2. Schedule 2 - License Fees and Royalty Calculations: Detailed breakdown of fee structure, royalty rates, and calculation methods
3. Schedule 3 - Reporting Requirements: Templates and specifications for usage reports and royalty statements
4. Schedule 4 - Technical Delivery Requirements: Technical specifications for music files, metadata requirements
5. Appendix A - Credit and Attribution Requirements: Specific requirements for how the music and rights holders should be credited
Relevant legal definitions
Clauses
Relevant Industries
Music and Entertainment
Media and Broadcasting
Digital Technology
Advertising and Marketing
Film and Television
Gaming and Interactive Entertainment
Retail and Hospitality
Events and Live Entertainment
Mobile Applications
Digital Content Distribution
Relevant Teams
Legal
Business Affairs
Licensing
Copyright
Commercial
Content Acquisition
Music Supervision
Publishing
Intellectual Property
Contract Administration
Digital Rights
Artist Management
Business Development
Relevant Roles
Music Rights Manager
Licensing Director
Legal Counsel
Copyright Administrator
Business Affairs Manager
Commercial Director
Content Acquisition Manager
Music Supervisor
Publishing Administrator
Intellectual Property Lawyer
Contract Manager
Digital Rights Manager
Artist Manager
Music Publisher
Business Development Manager
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