This document summarizes the key information for clients of E.I.U.M.T regarding music licensing. E.I.U.M.T is a one-stop shop that allows clients to instantly obtain rights to use songs in their productions. Clients can license music for any type of media use such as films, TV, games, etc. E.I.U.M.T has a wide range of genres available. Licensing costs range from $35 to $30,000 depending on the project. Blanket licenses for a monthly fee are also available. The document also provides sample music licensing agreements between E.I.U.M.T and clients.
During Music Biz 2015 in Nashville, Jacqueline Charlesworth, General Counsel and Associate Register of Copyrights at the U.S. Copyright Office, discussed important legislation surrounding
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During Music Biz 2015 in Nashville, Jacqueline Charlesworth, General Counsel and Associate Register of Copyrights at the U.S. Copyright Office, discussed important legislation surrounding
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This presentation is intended to provide an introduction for non-specialists or new-comers to the subject of copyright and related rights. It explains in layman's terms the fundamentals underpinning copyright law and practice.
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To copyright registration in India, please visit https://www.intepat.com/ip-services/copyright-registration-india/
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INSTALL, OPERATE & MAINTAIN LICENSE AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Legal issues within the music industry. Music Education Share. #TNM The New Movement Inc. Share's vital information with indie artists. www.thenewmovement.com Contact Us 1-888-
This presentation is intended to provide an introduction for non-specialists or new-comers to the subject of copyright and related rights. It explains in layman's terms the fundamentals underpinning copyright law and practice.
It describes the different types of rights which copyright and related rights law protects, as well as the limitations on those rights.
The Indian Copyright Right primarily seeks to protect creative works such as literary, artistic, dramatic and musical works. It offers what is known as ‘copyright protection’ to such works.
Copyright protections debars other individuals from using such literary, artistic, musical or dramatic works without the permission of the author or the creator. Over time, the need to protect ancillary rights was felt, and thus Neighboring Rights were born.
To copyright registration in India, please visit https://www.intepat.com/ip-services/copyright-registration-india/
Ever wonder how to go about getting the approval to record your favorite cover song? Making it in Music's Hugh Hession gives you everything you need to know in this presentation.The Step by Step Guide on How to Get Permission to Record a Cover Song.
INSTALL, OPERATE & MAINTAIN LICENSE AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Legal issues within the music industry. Music Education Share. #TNM The New Movement Inc. Share's vital information with indie artists. www.thenewmovement.com Contact Us 1-888-
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FIVE TOWNS COLLEGEDix Hills, New York 11746MUB 2.docxgertrudebellgrove
FIVE TOWNS COLLEGE
Dix Hills, New York 11746
MUB 202 Name of Student ______________________________
Music Business Contracts Prof. B. Colfin
ASSIGNMENT #2
SPRING 2020
SCORE
ATTACHED you will find a live performance agreement similar to the one I posted on
Schoology. Review the “gig” agreement.and answer some questions about it.
Follow the flow of the Agreement and tell us what you see as the questions focus your attention. Answer the questions directly on the paper. Print Legibly so that it can be read by others. It may be helpful to highlight or underline as I did in the example on schoology. Print your name above and return the answer sheets only. Keep the Agreement for yourself.
1-Who are the parties to the agreement?
2-When is the show and where is the show?
3-How long is the show?
4-Who provides the musicians?
5-Who pays for the musicians?
6-Is ANY drummer OK to be used for the show? Why?
7-If Artist travels to New York for interview s to promote the show, who pays for the flight?
8-Who pays for the rental of Tammany Hall?
9-Who pays for security and stagehands?
10-What if there is not enough electrical power, who gets and pays for the generator?
11-When and How does Artist receive payment? Read carefully.
12-Who pays for Artist’s travel, hotel, transport and meals?
13-May Artist control which photo the Purchaser uses to promote the show?
14-Can another artist on the bill have a larger size name on the concert advertisements?
15-Is it OK for the purchaser to broadcast the show on the internet for a fee?
16- What is the Artist’s compensation for performing? Read carefully!
17- What happens if the Purchaser can’t come up with the money to promote the show?
18- Who pays for the airfare to fly Artist from Montreal to LaGuardia airport?
19- May the Purchaser cancel the show if there is a four foot deep snowfall on March 22.
20- If Purchaser cancels, what does he lose (or must pay)?
21- If Purchaser needs to re-schedule, what needs to be done?
22- If Artist just chooses not to perform that night, what is Artist responsible for?
23- Must Artist share any of its earnings from selling T-Shirts and dancing shoes at the show?
24- Why is a technical rider important to this Agreement?
25- If there are any lawsuits filed, where will the Court be located?
MUB 202 Music Business Contracts Prof Colfin
HOMEWORK ASSIGNMENT #3 DUE FRIDAY 2/21/20 on Schoology
1 The assignment concerns the attached Exclusive Songwriter Agreement which follows these directions below.
GO Through the contract with a highlighter and focus on the 3-6 important words in each sentence or clause. This will help you spot the important information. The KEY WORDS in each clause.
On a separate sheet TYPE UP IN OUTLINE FORM, using short statements, at least 20 of the important points found in the Agreement below.
Use plain English. Write short, simple, clearly stated numbered points in YOUR OWN WORDS. Follow the flow of the a.
1. EIUMT BUYERS GUIDE
CLIENTS
• Why should I license music from E.I.U.M.T.?
E.I.U.M.T. is a one-stop music licensing shop. This means you can immediately obtain
master and synchronization rights to use a song in your production. You can license
music instantly and online or you can ask us to look for a specific music genre on your
behalf. Our music licensing system is quick, easy and efficient.
• What type of use can I make of this music?
Any use you can think of. Film, TV, advertising, background music for public spaces,
DVDs, sonic branding, video games, telephone on hold and any other media use. If we
have not thought about the licensing use, please contact us and we’ll create a custom
license for you.
• What type of music can I find here?
E.I.U.M.T. carefully selects only the best independent musicians. We cover every
possible musical genre, from Classical, Country, Hip Hop, Instrumentals, Jazz, Latin,
Neo-Soul, Pop, Rap, R&B, Reggae, Rock, Jazz, Theme Music to Electronic experiments.
We also have classical/electronic composers under contract who can help if you are
seeking for a piece of music to be composed for a specific need.
2. • What are the costs of music licensing at E.I.U.M.T.?
Music licensing at E.I.U.M.T. can range between $35 USD to $30,000 USD depending
on the type of project you are working upon.
• Is it possible to obtain personalized “blanket” licenses for a certain period of time?
Definitely! E.I.U.M.T. is willing to set up a “blanket” license for you, so as to provide you
with as much music as you may need, for as long as you need, for a monthly fee. For
example, companies producing daily/weekly/monthly episodes of content can decide to
fix a maximum number of tracks per month for a specific monthly fee. This type of deal
also comprehends ad hoc backend features we develop alongside the client in order to
satisfy each specific requirement.
• Does E.I.U.M.T. include any artists who are not members of collecting societies?
Many artists on E.I.U.M.T. are members with either with BMI or ASCAP. Overseas
artist/writers are members with their own country pro rights organizations with their own
country sometimes takes a while for their own PRO to go thru. Allowing our music
publisher on board works with both BMI and ASCAP. All artists/writers need to be
associated with either a United States Pro Rights Organization or an overseas pro
countries within their country.
If you would like to receive a link to hear some of these artists, please contact us
specifying your preferred musical genre, and you will receive a selection within 48 hours.
MUSIC LICENSING AGREEMENT
Thanks for licensing
music at E.I.U.M.T.
Email:
Fax:
Telephone Numbers:
Urgent Enquiries:
3. Skype:
Date: 15 May, 2015
Licensee: E.I.U.M.T
Company: E.I.U.M.T
Address:
Email:
Tel:
Project description: This is a Fac-simile version of the licensing agreement from
eiumt.com
Description:
License of Music For Commercial Purposes
Custom License/All Media
Songs:
Total Due: $
Terms: Due on Receipt
4. CUSTOMER LICENSE AGREEEMENT
This Customer License Agreement (“Agreement”) is made as of 14 May, 2015 between
E.I.U.M.T. and the entity identified in Schedule “A” hereto (“Licensee”)
Purpose
1. E.I.U.M.T. is authorized to grant certain rights on behalf of an artist who owns the
copyright (“Artist”) in and to (i) the sound recording (“Master”) and, (ii) the underlying
music composition (“Work”), as described in Schedule “A” attached hereto, collectively
(the Tracks).
2. Licensee seeks to license the Tracks described in Schedule “A”. which were located on
E.I.U.M.T website www.eiumt.com (“the site”). Licensee is engaged in the production of
a production described in Schedule “A” (the “Project”) and wishes to license the Tracks
for use in connection with the Project, including use in connection with the production,
exhibition and exploitation of the Project that may be used in the promotion thereof as
described in Schedule “A” (“the Use”)
NOW THEREFORE, the parties hereto, intending to be legally bound by the terms and
conditions contained herein, hereby agree as follows:
Agreement
1. License Grant and Performance Rights.
1.1 License Grant. In consideration of the terms, conditions, covenants and warranties
herein, E.I.U.M.T., on behalf of Artist, grants to Licensee a non-exclusive and non-
assignable license to use the Tracks and the approved name and likeness and biography of
Artist and producer, writer and composer of the Tracks (“the Materials”) in connection
with the Use only, limited to the Territory, and during the Term hereof (as each of the
foregoing are defined in Schedule “A”) (“the License”).
5. 1.2 Performance Rights. Any public performance of the Project is subject to the
clearance of the applicable public performance rights is force from time to time applied
by the performing rights society in each part of the Territory in accordance with their
respective prevailing terms and conditions.
1.3 License for Use on Licensee’s Website. Where Licensee shall designate E.I.U.M.T
to collect Internet Performance Royalties then E.I.U.M.T., on behalf of Artist, hereby
grants Licensee a license to publicly perform the Tracks in connection with the exhibition
of the Project on Licensee’s web site only (as set forth on Schedule “A”). Such license
shall be limited to the Tracks only and Licensee shall obtain separate Internet
Performance licenses for all Tracks not licensed hereunder from the applicable
performing rights society in accordance with their customary terms and conditions.
1. License Fee and Payment Terms.
2.1 License Fee. In consideration of the License, Licensee shall pay E.I.U.M.T the
License Fee set forth in Schedule “A”.
2.2 Payment Terms. Licensee shall pay the License Fee in full at the time of execution
of
this Agreement. Licensee expressly agrees that the terms of the License granted under
this
Agreement shall be valid only AFTER Licensee has made payment in full for the License
Fee to E.I.U.M.T and such payment has cleared. Any use by Licensee of the License
granted under Section 1 without completing full payment of the License Fee shall
constitute
a material breach of this Agreement, entitling E.I.M.U.T all available remedies under
English
law.
2.3 Taxes. Licensees shall pay and be responsible for all taxes and levies.
1. Attribution of Tracks.
6. Licensee shall attribute and credit the Tracks in all promotion, exhibition and exploitation
of
the Project in a substantially similar form to that set forth in Schedule “A”.
1. Alteration of the Tracks.
Licensee shall be permitted to shorten the length of the Tracks or remix the Tracks, or any
part thereof, as necessary for its use in the Project provided that Licensee complies with
the
warranties stated in Section 6.
1. Reserved Rights.
Licensee acknowledges and agrees that all rights in and to the Tracks, whether now
known
or hereafter in existence, that are not licensed hereunder are specifically reserved by
E.I.U.M.T on behalf of Artist.
1. Licensee’s Warranties and Indemnity.
Licensee shall indemnify, hold harmless and defend E.I.U.M.T from and
against any and all claims, demands, suits, damages, liabilities and all reasonable
expenses connected thereto, including attorneys’ fees, against or suffered by E.I.U.M.T
with
respect to any matter that arises from or is a result of a breach or attempted breach of this
Agreement by Licensee.
6.7 Performance Rights Societies.
Licensee will comply with all requirements of the
applicable performing rights societies as set forth in Section 1.0 above.
7. 7.0. E.I.U.M.T’s Warranty, Indemnity, Disclaimer and Limitations of Liability.
7.1 Warranties. E.I.U.M.T warrants only that it has the right to grant the License on
behalf
of Artist. E.I.U.M.T agrees to indemnify and hold harmless Licensee from and against
any
and all claims, costs, losses, expenses, damages, judgments and liability (including
reasonable attorney’s fees) which may arise as a result of or in connection with a breach
of
E.I.U.M.T.’s warranty herein provided, however, that in no event shall E.I.U.M.T total
liability
exceed the License Fee paid by Licensee hereunder.
7.2 Disclaimer. E.I.U.M.T is acting on behalf of third party copyright owners and
disclaims in
connection with any Tracks(s) or Materials offered by the Site or otherwise any and all
warranties of title, copyright infringement, merchantability or fitness for any purpose,
application or condition of whatsoever nature without limitation.
7.3 Limitation of Liability. E.I.U.M.T shall not be liable for any indirect, special or
consequential damages including but not limited to loss of anticipated profits, in
connection
with or arising from this Agreement and shall not be liable for any loss, damage, claim or
liability arising from or related to any software program, data errors, digital transmission
errors, failures, interruptions or delays, regardless of cause.
8.0 Additional Restrictions and Rights.
8. Licensee acknowledges and agrees to the following restrictions and rights concerning use
of the License conferred under this Agreement:
8.1 No Use Encouraging Illegal Activities. No uses encouraging or associated with
illegal
or illicit activities allowed.
8.2 Motion Picture Broad Rights. The right throughout the Territory to fix and record
the
Tracks in synchronization or timed relation with the Project and to make copies thereof
and
of the Materials in the form of negatives and prints necessary for distribution, exhibition
and
exploitation in all media now known or hereafter devised, including, without limitation,
theatrical and non-theatrical exhibition and broadcast on all forms of television, including
network, non-network, local or syndicated broadcasts, “pay television”, “cable television”,
“subscription television”, “CATV”, closed circuit television and to import and export film
copies of any gauge of the Project embodying the Tracks and the Materials.
8.3 Resale of Tracks as Soundtrack: The right throughout the Territory to cause or
authorize the resell the Tracks as a soundtrack on any audio devices and in any format
whether now known or hereinafter devised (“Audio Devices”), and the use of the
Materials
in and as part of the resell of the Tracks. Notwithstanding anything to the contrary
contained
in this Agreement, in the event that Licensee shall receive a royalty or sale fee of any
9. description in connection with the resell of the Tracks, whether sold or licensed directly
or
indirectly, then Licensee shall account to and pay E.I.U.M.T a royalty fee (“Royalty Fee”)
which shall amount to 100% of the Statutory Rate and not less than .08 cents per Track.
Licensee shall account to and pay such royalties to E.I.U.M.T within thirty (30) days of
Licensee’s receipt thereof.
8.4 Out of Context Trailers. The right throughout the Territory to use and perform the
Tracks and the Materials as authorized herein in connection with trailers, adverts and
promo’s (out of context with the use in the Project) utilized to advertise and publicize the
Project.
8.5 Motion Picture Trailers. The right throughout the Territory to fix and record the
Tracks
in synchronization or timed relation with the visual elements of the Trailer and to make
copies thereof and of the Materials in the form of negatives and prints necessary for
distribution and exhibition of the Trailer in all media now known or hereafter devised,
including, without limitation, theatrical and non-theatrical exhibition and broadcast on all
forms of television, including network, non-network, local or syndicated broadcasts, “pay
television”, “cable television”, “subscription television”, “CATV”, closed circuit television
and
to import and export film copies of any gauge of the Project embodying the Tracks and
the
Materials.
10. 8.6 Free Television Only. The right throughout the Territory to fix and record the Tracks
in
synchronization or timed relation with the Project and to make copies thereof and of the
Materials in the form of negatives and prints necessary for distribution, exploitation and
exhibition of the Project in all forms of free television, including network, non-network,
local
or syndicated broadcasts (but excluding cable transmission or “CATV” television).
8.7 Pay and Subscription TV Only. The right throughout the Territory to fix and record
the
Tracks in any manner, medium, form, or language in synchronization or timed relation
with
the Project and to make copies thereof and of the Materials in the form of negatives and
prints necessary for distribution, exhibition and exploitation via cable television, pay
television, subscription television, CATV systems or via any form of receiver for which a
fixed fee or subscription fee is charged to the viewer for the viewing of the Project alone
or
as part of a program of viewer selections.
8.8 All TV. The right throughout the Territory to fix and record the Tracks in any manner,
medium, form, or language in synchronization or timed relation with the Project and to
make
copies thereof and of the Materials in the form of negatives and prints necessary for
distribution, exhibition and exploitation via all forms of television, including free
television,
network, non-network, local or syndicated broadcasts, cable television, pay television,
11. subscription television, CATV systems or otherwise, including exhibition on common
carriers.
8.10 Internet. The right throughout the Territory to fix and record the Tracks in any
manner,
medium, form, or language in synchronization or timed relation with the Project and to
make
copies thereof and of the Materials in the form necessary for transmission via the Internet
by means of so-called real-time streaming or similar methods of interpreter program
transfer,
Save that such right shall exclude the right to include transfers via compiler programs or
compressed methods (i.e. “batch” modes) or otherwise.
8.11 Student E.I.U.M.T License. The right to synchronize the Tracks in timed relation
with
the visual elements of the Project. No rights are granted hereunder for the use of the
Tracks
or the Materials in the creation of any advertising, trailers, videogames, tapes or discs or
for
any other ancillary purpose. The Tracks may only be used in the Project where it shall be
exhibited, performed or otherwise used by currently enrolled students of accredited
educational institutions for academic purposes and no right is granted hereunder to make
multiple copies of the Tracks or to perform the Tracks as embodied in the Project for any
non-academic purpose.
9.0 General.
12. 9.1 Notices. All notices permitted or required under this Agreement shall be in writing
and
shall be delivered as follows (i) by email, (ii) by U.K. Mail (iii) by facsimile
transmission, or
(iv) by certified or registered mail, return receipt requested, five days after deposit in the
mail.
9.2 Waiver and Severability. The failure of either party to require performance by the
other
party of any provision hereof shall not affect the full right to require such performance at
any
time thereafter; nor shall the waiver by either party of a breach of any provision hereof be
taken or held to be a waiver of the provision itself. In the event that any provision of this
Agreement shall be unenforceable or invalid under any applicable law or be so held by
applicable court decision, such unenforceability or invalidity shall not render this
Agreement
unenforceable or invalid as a whole, and, in such event, such provision shall be changed
and interpreted so as to best accomplish the objectives of such provisions within the
limits
of applicable law or applicable court decisions.
9.3 Arbitration and Controlling Law. Any and all disputes that may arise between the
Parties under or in connection with this Agreement shall, by agreement of both parties, be
resolved by arbitration.
9.4. No Agency. The relationship between E.I.U.M.T and Artist is that of independent
13. contractors. Nothing contained herein shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties or to allow either party
to
bind the other or incur any obligation on its behalf.
9.5. Counterparts. This Agreement may be executed in two or more counterparts, each
of
which will be considered an original, but all of which together will constitute one and the
same instrument.
9.6 Assignment. E.I.U.M.T may assign this Agreement to any entity to which it transfers
all
or substantially all of its ownership interest, whether through merger, acquisition or sale
of
assets. Otherwise, neither party may assign, voluntarily, by operation of law, or
otherwise,
this Agreement without the other party’s prior written consent, and any attempt to do so
without that consent will be void. This Agreement will bind and inure to the benefit of the
parties and their respective successors and permitted assigns.
9.7 Termination. E.I.U.M.T shall have the right to terminate this Agreement forthwith
upon a
material breach or attempted breach by Licensee of any of the terms and conditions
hereof
unless such breach is cured within thirty (30) days following written notice to Licensee
thereof, except that Licensee’s failure to pay the License Fee as required under the terms
of
14. Section 2 shall be deemed a material breach. Upon expiration or termination, Licensee
shall
have no further right to use the Tracks or the Materials and any further use thereof
whatsoever shall represent an act of copyright infringement.
9.8 E.I.U.M.T Site. E.I.U.M.T reserves the right, at its sole discretion, to change, modify,
add or remove portions of the Site and/or to vary suspend or discontinue any aspect
thereof
at any time. The Site is protected by copyright as a collective work and/or compilation,
pursuant to copyright law and Licensee may not modify, publish, transmit, participate in
the transfer or sale of, reproduce (except as provided herein), create derivative works
from, distribute, perform, display, or in any way exploit any E.I.U.M.T Protected
Materials in whole or in part.
9.9 E.I.U.M.T’s Protected Materials. E.I.U.M.T Protected Materials and all rights
therein,
are protected by all applicable copyright laws, and are owned and/or controlled by
E.I.U.M.T
or the party credited by E.I.U.M.T’s as the provider thereof.
9.10 Entire Agreement. This Agreement is the entire agreement between Artist and
E.I.U.M.T, which supersedes any prior or contemporaneous agreement or understanding,
whether written or oral, and any other communications between Artist and E.I.U.M.T but
only by a writing signed by both parties which specifically references this Agreement.
9.11 Survival: The provisions of Sections 2, 5, and 9 shall survive termination of this
Agreement.
15. 9.12 Headings. The headings herein are for convenience only and are not intended by the
parties of or to affect the meaning or interpretation of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
by
their Authorized representatives below as of the date first above written.
Licensee:
By: __________________________________ .
E.I.U.M.T. Representative:
By: __________________________________ .
Title: __________________________________ .
E.I.U.M.T validation date: 15 May, 2015
E.I.U.M.T
Schedule “A”
Licensee Information
16. Company Name: E.I.U.M.T
Name of Licensee: E.I.U.M.T
Address:
Email Address:
NOTE: This license will be invalid without complete and accurate address and contact
information.
eiumt.com
Schedule “B”
Use, Project and License Fee
Description:
License of Music For Commercial Purposes
Custom License/All Media
Songs:
Project Description:
This is a Fac-simile version of the licensing agreement from eiumt.com
Note: if insufficient information about the Project is provided, your license may be
deemed invalid. Please provide a detailed description of the Project.
17. License fee:
Licensee is granted the Licensed under this Agreement only to use the Tracks in the
Project within the Territory and strictly in accordance with the terms and conditions of
this agreement.