Music Licensing Terms
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Licence Agreement: Commissioned Music for Sync
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 sync, subject to the terms outlined below.
1. Copyright & Ownership
All copyrights in the commissioned musical work — including both the musical composition and the sound recording(s) — are retained by the composer (“Composer”). No transfer of ownership, publishing rights, or master rights is granted under this license.
The Client receives an exclusive license to use the work for the agreed single project only. This license does not constitute a buyout or transfer of any intellectual property rights.
2. License Scope and Usage Rights
The Composer grants the Client the following rights, on an exclusive-use basis for the specified project:
- Use of the final sound recording(s) in the Client’s project.
- Synchronization of the composition and sound recording(s) to the film, video, or other audiovisual media of the project without payment of additional synchronization fees.
- Unlimited distribution and public exhibition of the final project incorporating the music.
Important: This license does not permit the creation of derivative recordings or adaptations of the musical work without prior written consent from the Composer.
3. Royalty Status and Payments
This license is not royalty-free.
The Client is not responsible for paying mechanical or performance royalties directly. However, the Composer may collect performance royalties through Performing Rights Organizations (PROs) or similar entities when the project is publicly broadcast or performed.
4. 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.
5. Deliverables and Usage
Included deliverables:
- The final mixed sound recording(s).
- Audio stems (isolated instrument groups or tracks).
Excluded deliverables (potentially available for a separate fee):
- DAW project files (e.g., Steinberg Cubase / Reason Studios Reason).
- Engraved sheet music or notation.
Permitted uses of stems:
- Mixing adjustments to balance, EQ, or volume levels within the licensed project.
- Muting or soloing of individual stems to accommodate dialogue, sound effects, or voiceover.
- Minor edits such as fading stems in or out to fit the project’s timing.
Prohibited uses of stems:
- Creating new or alternative versions of the work (e.g., remixing, re-arranging, or remixing stems into new tracks).
- Using stems in subgroups or individually outside the context of the full licensed composition.
- Sampling or repurposing stems for other projects or third-party works.
- Adding vocals, additional instrumentation, or other elements to create derivative works.
Any use beyond the permitted scope requires a separate license.
6.1 Moral Rights and Composer Credit
The Composer retains all moral rights and does not waive them.
This includes:
- The right to be identified as the author.
- The right to object to derogatory treatment or misuse.
- The right to maintain the integrity of the composition.
The Client must credit the Composer wherever music credits appear, using the format:
Music by James Brecknell
6.2 Credit Placement
Composer credit must be included in accordance with industry norms, depending on the format:
- Film / Television / Streaming Content: Credit must appear in the end credits (or opening credits, where applicable), in a font size and style consistent with other music-related credits (e.g., "Original Score by" or "Music by").
- Online Videos / Web Series / YouTube / Social Media: Credit must appear in the video description and/or in on-screen end credits when other production credits are listed.
- Advertising (TV, radio, online, cinema): Where composer or music credits are included (e.g., in case studies, award submissions, or agency reels), the Composer must be appropriately credited.
- Performances / Installations / Exhibitions: Composer credit must appear in programs, signage, or digital materials in a clearly visible and appropriate location.
- Video Games / Apps: Credit must appear within the credits section of the game or app, in line with other music credits.
6.3 Exceptions
If the format does not traditionally include music credits (e.g., short social media reels, radio ads, etc.), the Client shall make reasonable efforts to ensure the Composer is credited wherever credits do appear (e.g., metadata, promotional materials, or accompanying descriptions).
6.4 No Alteration
The Composer’s name must not be altered, abbreviated, or replaced with pseudonyms or aliases unless agreed in writing.
7. Promotional, Educational and Distribution Rights of Composer
The Composer retains the right to:
- Use excerpts or full versions of the commissioned work for portfolio, showreel, promotional and educational purposes.
- Upload, distribute, and monetize the commissioned composition and sound recordings on streaming platforms or other digital services, collect royalties and maintain ownership.
These rights do not conflict with the Client’s exclusive use of the music within the licensed project.
8. Exclusivity
The Client has exclusive rights to use the commissioned music for the specified project only. The Composer will not license the same music to other third parties.
This exclusivity does not restrict the Composer’s right to:
- Showcase the work for self-promotion.
- Reuse compositional ideas in substantially different works.
- License other unrelated compositions.
Summary of Key Points
- Exclusive license for one agreed project only.
- No sync fees required for use in the project.
- Final mixed recordings and stems included.
- Stems included for mixing adjustments only.
- DAW project files and sheet music not included unless separately licensed.
- Derivative uses (e.g., adding vocals, remixing) not permitted without separate license.
- Composer retains copyright and moral rights.
- Client must provide composer credit.
- Royalties may be collected by Composer via PROs.
- Composer may upload and monetize the work on streaming platforms.
- 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.