The Master Use License Music agreement is a critical document in the music industry, used when one party seeks to legally use master recordings owned by another party. This agreement, structured under Dutch law and compliant with EU regulations, provides a comprehensive framework for licensing master recordings across various media and platforms. It's particularly relevant in today's digital age where music usage spans multiple formats and territories. The document addresses essential elements including scope of use, territory restrictions, payment terms, technical requirements, and quality control measures. It's designed to protect both the rights holder's intellectual property and the licensee's commercial interests while ensuring compliance with Dutch copyright law and neighboring rights legislation. The agreement is adaptable for various use cases, from traditional broadcasting to digital streaming, and can be customized based on specific usage requirements and territorial considerations.
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1. Parties: Identification of the licensor (rights holder) and licensee, including full legal names and addresses
2. Background: Context of the agreement, identification of the musical work(s), and confirmation of ownership/authority to license
3. Definitions: Detailed definitions of key terms including 'Musical Work', 'Master Recording', 'Territory', 'Term', 'Use Rights', and other relevant terms
4. Grant of Rights: Specific rights being granted, including scope, territory, and duration of the license
5. Term and Territory: Duration of the license agreement and geographical areas where the license applies
6. Payment Terms: License fees, royalties, payment schedule, and calculation methods
7. Delivery and Technical Requirements: Specifications for delivery of master recordings and technical quality requirements
8. Usage Requirements: Specific conditions and restrictions on how the music can be used
9. Credit and Attribution: Requirements for crediting artists, songwriters, and rights holders
10. Warranties and Representations: Guarantees regarding ownership, right to license, and non-infringement
11. Reporting and Auditing: Requirements for usage reporting and right to audit
12. Termination: Conditions and process for ending the agreement
13. Governing Law and Jurisdiction: Specification of Dutch law application and jurisdiction
14. General Provisions: Standard legal provisions including notices, assignment, and severability
1. Sub-licensing Rights: Include when licensee is permitted to sub-license the music to third parties
2. Digital Platform Requirements: Include for digital/streaming platform usage with specific technical and delivery requirements
3. Synchronization Rights: Include when music will be synchronized with visual media
4. Mechanical Rights: Include when reproduction rights are being granted
5. Territory-Specific Requirements: Include when license covers multiple territories with varying requirements
6. Marketing and Promotion: Include when specific marketing or promotional rights are granted
7. Collection Society Arrangements: Include when dealing with BUMA/STEMRA or other collection society involvement
8. Moral Rights Waiver: Include when moral rights considerations need to be addressed under Dutch law
1. Schedule A - Licensed Musical Works: Detailed list of all musical works covered by the license, including recordings, versions, and durations
2. Schedule B - Approved Uses: Specific approved uses, formats, and platforms for the licensed music
3. Schedule C - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
4. Schedule D - Technical Specifications: Technical requirements for master recordings and delivery formats
5. Schedule E - Territory List: Detailed list of territories covered by the license and any territory-specific requirements
6. Appendix 1 - Credit Requirements: Detailed requirements for artist and songwriter credits in different usage contexts
7. Appendix 2 - Reporting Templates: Standard forms and templates for usage reporting
8. Appendix 3 - Quality Control Requirements: Specific requirements for maintaining audio quality and integrity
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