Music Licensing Terms

Commissioned Music for Sync > Licence Agreement | Commissioned Music for Live Performance > Licence Agreement

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Licence Agreement: Commissioned Music for Live Performance

This License Agreement (“Agreement”) is entered into by and between the Composer and the Client for the musical composition (“the Work”) commissioned for the purpose of live performance, subject to the terms outlined below.

1. Copyright & Ownership

All copyrights in the Work are retained by the Composer. The Composer grants the Client a limited, exclusive license to perform the Work live as detailed herein. No transfer of copyright ownership or publishing rights is made.

2. License Scope

Exclusive Performance Rights

• The Client is granted the exclusive right to perform the Work live for up to twelve (12) public performances within a twelve (12) month period, starting from the date of delivery of the final score.
• During this exclusivity period, the Composer shall not license the Work for live performance to any other party.
• After the exclusivity period or upon completion of the 12 performances (whichever occurs first), the Composer may relicense the Work for additional live performances by others.

First Commercial Recording Rights and Master Ownership

• The Client shall have the exclusive right to make the first commercial recording of the Work for 24 months from delivery of the final score.
• The Client may distribute, sell, or stream that first recording.
• Once the Client has made the first recording, or if the Client does not exercise the right within the 24-month period, the Composer may license others to create additional commercial recordings at any time.
• The Client will own the sound recording (master) of the first recording.
• The Composer retains all rights in the underlying composition and may use the Work for portfolio, promotional, and educational purposes, provided such use does not conflict with the Client’s first-recording rights.

3. Deliverables

The Composer agrees to provide:

• A fully engraved and formatted conductor’s score,
• Individual instrumental parts as required by the ensemble, and
• An audio file of a mockup of the composition.

Note: No audio stems or DAW project files are included unless separately agreed in writing.

4. Performance Rights & Reporting

• The Client is responsible for securing any required performance licenses or clearances from Performing Rights Organizations (PROs) for performances beyond the exclusive rights granted herein.
• The Client agrees to notify the Composer of all scheduled performances during the exclusivity period.

5. Fees & Royalties

• The agreed commission fee includes the exclusive performance rights as described above.
• The Client is not responsible for additional royalties for the twelve (12) permitted performances.
• The Composer retains the right to collect performance royalties via PROs for any performances outside the exclusive period.

6. Payment Schedule and Effectiveness of Licence

The Client must pay fifty percent (50%) of the Base Price the Composer determines in his sole discretion as a non-refundable deposit before the Composer commences work. The remaining balance of the Total Price, which is made up of the Base Price plus the price of additional work charged at an hourly rate, is due upon delivery of the final Deliverables.

The licensed rights granted under this Agreement shall not take effect until the Composer has received payment in full of the Total Price. Until such payment is received, the Composer retains exclusive ownership and control of all aspects of the composition and sound recording(s), and no license is deemed to be in effect.

7. Derivative Works & Adaptations

• The Client may not create derivative works, arrangements, or adaptations without the Composer’s prior written consent.
• Any approved adaptations must be covered under a separate agreement.

8. Moral Rights & Attribution

• The Composer retains all moral rights in the Work.
• The Client agrees to credit the Composer in all printed programs, promotional materials, and recordings using the following format:

Music by James Brecknell

9. Promotional Use

• The Composer retains the right to use the Work for portfolio, promotional, and educational purposes.
• The Client grants the Composer permission to record and use the Client’s performance of the Work for such purposes, subject to mutual agreement. Any recording of the Client’s performance is separate from the Client’s first-recording right.

10. Termination

• If the Client fails to perform the Work within the exclusivity period, the Composer’s exclusivity obligation automatically terminates.
• Either party may terminate this agreement for cause with written notice.

Summary of Key Points

• Deliverables: Full score, parts, mockup audio file.
• Exclusive live performance rights: up to 12 public performances within a 12-month period, ending when either limit is reached, or when the Client waives this right.
• Commission fee covers the exclusive rights; no separate royalties required for the included performances.
• Client has exclusive right to make the first commercial recording of the Work for 24 months; ownership of that sound recording (master) remains with the Client.
• First-recording rights are independent of live performance exclusivity.
• Live performance rights may be re-licensed after the exclusive period (12 performances or 12 months); the Composer may license others to make additional commercial recordings only after the Client has made the first recording, after the 24-month first-recording period expires, or when the Client waives this right.
• Composer retains copyright in the creative work.
• Client responsible for PRO clearances beyond exclusivity period.
• Composer may collect PRO royalties for performances beyond exclusivity period.
• No derivative works without prior written permission.
• Composer retains moral rights.
• Client must provide Composer credit in all programs, promotional materials, and recordings where credits appear.
• Composer may use the Work for promotion and education.
• Payment is 50% of Base Price up front and remainder of Total Price upon delivery of final work.