PREMIUM NON-EXCLUSIVE RIGHTS GRANTED TO THE BUYER
High Quality WAV will be provided
The Buyer is granted permission to sell or broadcast with other visual or audio performances (vocals) added by Buyer. Rights include distribution of demos created using the Instrumental(s) in this agreement. Buyer has the right to distribute and perform any song(s) created with the Instrumental(s) as long as they adhere to the following restrictions.
- The Seller understands that the rights being granted in this Agreement are Non-Exclusive
- The Seller reserves the right to resell the Instrumental(s) to any party not listed in this agreement
- Buyer understands that the Seller still owns 50% of any final recording(s) created using this instrumental.
- The Buyer does not have the right to resell the Instrumental Composition that is being licensed in this agreement.
- This License FORBIDS the resale or distribution of the Seller’s compositions, either as they exist or in any modified form. Buyer CANNOT sell, lease, remix or rearrange (remove any melodies, instruments and drum programming) or transfer Exclusive Rights to another user not listed in this agreement without written consent from the Seller.
- The Buyer CANNOT use any Instrumental(s) in this agreement as a background element in TV, Film, DVD or Radio projects without obtaining written consent from the Seller.
SAMPLE CLEARANCES
The Buyer understands the Instrumental Composition being licensed in this agreement may contain unapproved samples. The Buyer understands The Buyer is responsible for clearing all samples that they choose to use. The Seller is not responsible for clearing these samples and CANNOT be held liable for the misuse of any sampled material that the Buyer uses in conjunction with the Instrumental Composition being licensed in this agreement.
*Original artist and song name from the sample will be provided if necessary
FINAL RECORDING AGREEMENT
The Buyer must supply the Seller with at least ONE (1) digital copy of each final recording made using the Instrumental Composition(s).
PRODUCTION CREDIT AGREEMENT
The Buyer must give credit to The Seller “BlackTalon” and display The Seller’s name on any printed or digital media distributed that uses any Instrumental Composition(s) in this agreement. Buyer agrees to display this statement on all physical media containing the Instrumental Composition(s) being licensed in this agreement. Including but not limited to CD’s, CD covers, Cassette tapes, Business Cards, Flyers, YouTube, Soundcloud, Soundclick, Twitter, Facebooketc. and all forms of Internet Social Media.
The Buyer must contact and inform Seller of CD sales if the Original Instrumental Composition is used for commercial purposes with gross revenue of over $100,000.00, the Seller must receive credit for the Original Instrumental Composition(s)
Use of any Instrumental(s) without Production credit given to the seller may result in Breach of Contract leading to legal action and/or termination of contract.
Seller retains 50% ownership of any final recording(s) created using this instrumental. This agreement does NOT relinquish Seller’s Publishing
COPYRIGHT AND ROYALTIES
The ownership of the copyrights in the New Song and the master sound recording are split as follows:
Composition Copyright (“Songwriter/Publishing”): 50% to the Buyer and 50% to the Seller
Master Sound Recording Copyright: 95% to the Buyer and 5% to the Seller
The Seller shall receive, in the percentages above, income of any kind and from any source resulting from the exploitation of both copyrights (“Seller’s Royalties”). The Buyer must disclose the Seller’s copyright ownership percentages (“split sheet”) to the Buyer’s record label, aggregator, distributor, and publisher. If the Buyer registers the New Song with any copyright authority worldwide (i.e. United States Copyright Office) or with any Performing Rights Organization worldwide (i.e. ASCAP), the Buyer must disclose the Seller’s ownership percentages as listed above. The Buyer is required to forward all Seller’s Royalties to the Seller, and to inform the above parties to forward all Seller’s Royalties directly to the Seller in a timely manner.
INDEMNITY
The Buyer agrees to fully indemnify and hold harmless the Seller (and Seller’s officers, agents, and employees) of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of or relating to the Buyer’s breach or alleged breach of any term, representation, or warranty of this agreement, including but not limited to the Buyer’s use or alleged use of unlicensed or improperly licensed material in the creation of the New Song and the master sound recording.
PERFORMANCE AGREEMENT
The Buyer has the right to engage in live performances with the Instrumental(s) within this License Agreement.
*Failure to comply with every aspect of this agreement may result in Breach of Contract which could lead to termination of this Non-Exclusive Rights License and /or legal action.