The Music License For Commercial Use agreement is essential for businesses operating in Belgium that require legal authorization to use musical works in their commercial activities. This document is specifically designed to comply with Belgian copyright law and EU regulations, providing a comprehensive framework for licensing musical works for various commercial purposes. It becomes necessary when businesses need to use music in their establishments, advertising, digital platforms, or other commercial contexts. The agreement covers crucial elements including scope of usage rights, territorial limitations, fee structures, reporting requirements, and compliance with collective management organizations like SABAM. It's particularly relevant in the current digital age where music usage in commercial contexts has become increasingly complex and requires careful attention to both local and EU-wide regulatory requirements.
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1. Parties: Identification of the licensor (rights holder) and licensee (commercial user), including full legal names and addresses
2. Background: Context of the agreement, confirmation of ownership/right to license the musical works, and general purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Musical Works', 'Commercial Use', 'Territory', 'Revenue', etc.
4. Grant of License: Specific rights being granted, including type of use, territory, and duration of the license
5. License Fees and Payment Terms: Details of licensing fees, payment schedule, reporting requirements, and audit rights
6. Usage Restrictions: Specific limitations on how the music can be used, including any prohibited uses or modifications
7. Quality Control: Requirements for maintaining the quality and integrity of the musical works in their commercial use
8. Attribution and Credits: Requirements for crediting the rights holders and displaying copyright notices
9. Warranties and Representations: Guarantees from both parties regarding rights ownership, authority to enter agreement, etc.
10. Term and Termination: Duration of the agreement, renewal terms, and conditions for early termination
11. Intellectual Property: Confirmation of IP ownership and protection of rights
12. Confidentiality: Obligations regarding confidential information shared during the agreement
13. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
14. General Provisions: Standard clauses including notices, amendments, assignment, and severability
1. Synchronization Rights: Additional section when the license includes right to synchronize music with visual media
2. Digital Platform Requirements: Specific terms for digital platform usage, needed when music will be used on online platforms
3. Territory-Specific Requirements: Additional requirements for specific territories where the music will be used
4. Sub-licensing Rights: Terms for sub-licensing when the licensee needs to grant rights to third parties
5. Moral Rights: Specific provisions regarding moral rights, particularly relevant for certain jurisdictions
6. Marketing and Promotion: Specific terms for using the music in marketing materials
7. Performance Reporting: Detailed reporting requirements for public performances or broadcasts
1. Schedule A - Licensed Musical Works: Detailed list of all musical works covered by the license, including titles, composers, and unique identifiers
2. Schedule B - Approved Uses: Specific approved commercial uses and contexts for the licensed music
3. Schedule C - Fee Schedule: Detailed breakdown of all applicable fees, royalty rates, and payment calculations
4. Schedule D - Technical Requirements: Technical specifications for music usage, including format requirements and quality standards
5. Appendix 1 - Reporting Templates: Standard templates for usage reporting and royalty calculations
6. Appendix 2 - Attribution Requirements: Detailed requirements and examples for proper attribution and credits
7. Appendix 3 - Territory List: Comprehensive list of territories covered by the license and any territory-specific requirements
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