The Commercial Music License is essential for businesses and organizations in New Zealand seeking to legally use copyrighted music in commercial settings. This document is particularly relevant when a business requires ongoing use of musical works for purposes such as background music, content creation, or public performances. The agreement ensures compliance with New Zealand's Copyright Act 1994 and related legislation, while providing comprehensive coverage of usage rights, territorial restrictions, and payment obligations. It's designed to protect both the rights holders' intellectual property and the licensee's commercial interests, incorporating specific provisions for different types of usage, from digital platforms to physical venues. The document typically includes detailed schedules for licensed works, fee structures, and technical requirements, making it suitable for various commercial applications while maintaining legal compliance in the New Zealand jurisdiction.
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1. Parties: Identification of the licensor (rights holder) and licensee, including full legal names and contact details
2. Background: Context of the agreement, including ownership confirmation of the musical works and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Musical Works', 'Territory', 'Term', and 'Commercial Use'
4. Grant of License: Specific rights being granted, including scope, territory, and duration of the license
5. Licensed Uses: Detailed description of permitted uses of the musical works
6. License Fee and Payment Terms: Financial terms including licensing fees, royalty rates, payment schedule, and reporting requirements
7. Quality Control: Standards for use of the musical works and approval requirements
8. Intellectual Property Rights: Confirmation of ownership and protection of intellectual property rights
9. Warranties and Representations: Legal assurances from both parties regarding rights, ownership, and authority
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Confidentiality: Protection of confidential information shared between parties
12. General Provisions: Standard legal clauses including governing law, dispute resolution, and notices
1. Digital Distribution Rights: Specific terms for digital platform distribution, including streaming and download rights
2. Live Performance Rights: Terms for live performance usage of the musical works
3. Synchronization Rights: Terms for using the music in conjunction with visual media
4. Sub-licensing Rights: Terms allowing the licensee to sub-license the musical works to third parties
5. Territory-Specific Terms: Additional terms specific to certain geographical regions
6. Marketing and Promotion: Terms regarding the promotion and marketing of the licensed music
7. Moral Rights: Specific provisions regarding the moral rights of the original creators
1. Schedule 1 - Licensed Musical Works: Detailed list of all musical works covered by the license, including titles, composers, and recordings
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, royalty rates, and payment terms
3. Schedule 3 - Technical Requirements: Technical specifications for music delivery, format requirements, and quality standards
4. Schedule 4 - Reporting Templates: Templates for usage reporting and royalty calculations
5. Appendix A - Approved Usage Examples: Examples of approved uses of the licensed music
6. Appendix B - Territory List: Detailed list of territories where the license applies
Relevant legal definitions
Clauses
Relevant Industries
Entertainment
Retail
Hospitality
Media and Broadcasting
Digital Content Creation
Events and Venues
Advertising
Film and Television Production
Gaming and Software
Fitness and Wellness
Relevant Teams
Legal
Licensing
Content Production
Marketing
Operations
Digital
Events
Compliance
Creative
Commercial
Business Development
Audio Production
Relevant Roles
Legal Counsel
Music Licensing Manager
Content Producer
Business Development Manager
Marketing Director
Events Manager
Operations Manager
Digital Content Manager
Venue Manager
Compliance Officer
Creative Director
Music Supervisor
Copyright Administrator
Commercial Director
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