Custom Beat Exclusive Rights Contract
This License agreement is made on 12/11/2023 (“Effective Date”) by and between You (the “Licensee”) and Aj On The Track, (Us, We, Our) (the “Licensor”). Licensor warrants that we control the mechanical rights in and to the musical work (“Composition”) being sold to Licensee as of and prior to the Effective Date. The Licensee and Licensor have agreed to the following terms:
- Master Use. The Licensor hereby grants to Licensee an exclusive License to record vocal synchronization to the Composition partly or in its entirety and substantially in its original form (“Master Recording”). The Licensor guarantees that the Composition will not be sold on to any artist, producer, record label, company, or any other third parties. Licensee will own the Composition outright the day proceeding the Effective Date.
- Mechanical Rights. The Licensor hereby grants to Licensee an exclusive License to use Master Recording in the reproduction, duplication, manufacture, and distribution of phonograph records, cassette tapes, compact disks, internet downloads, digital streams, other and miscellaneous audio and digital recordings, and any lifts and versions thereof (collectively ,”Recordings”) worldwide for the pressing or selling of unlimited copies of such Recordings or any combination of such Recordings. Additionally, the Licensor shall be permitted to distribute unlimited internet downloads for non-profit and/or non-commercial use.
- Performance Rights. The Licensor hereby grants to Licensee an exclusive License to use the Master Recording in unlimited non-profit performances, shows, or concerts. The Licensee is also permitted to earn an unlimited fee in compensation for ticket sales using the Master Recording in said performances.
- Synchronization Rights. The Licensor hereby grants to Licensee an exclusive License to copy, perform, edit and/or loop portions of, record on film, video, digital animations, and video games (collectively, “Projects”) and use the Master Recording in synchronization or timed relation with the productions in unlimited Projects.
- Broadcast Rights. The Licensor hereby grants to Licensee an exclusive license to broadcast or air the Master Recording on an unlimited number of radio stations or station channels, respectively.
- Credit. The Licensee shall acknowledge the original authorship of the Composition appropriately and reasonably in all media and performance formats by acknowledging "Produced By AJ On The Track, Mixed & Mastered by Certified Hit" in writing where possible and vocally otherwise.
- Originality. The Licensor agrees that the Composition will be created and composed specifically for the Licensee without using any samples (unless requested by Licensee) from any other musical Compositions.
- In the case where Samples are utilized. The Licensee agrees that the Composition is purchased as a “Work Made for Hire” whereby the clearing of any sampled materials is the responsibility of Licensee.
- Compensation. Payment for this License is non-refundable. If the Licensee fails to account to the Licensor, timely and complete the payments provided for hereunder, the Licensor shall have the right to terminate this License upon written notice to the Licensee. Such termination shall render the recording, manufacture and/or distribution of Recordings for which monies have not been paid subject to and actionable as infringements under applicable law. Licensee will pay the agreed amount in full prior to beginning work on the Composition.
- Term. Executed by the Licensor and the Licensee, this License agreement is to be effective as for all purposes as of the Effective Date and shall not expire.
- Indemnification. Licensee agrees to indemnify and hold Licensor harmless from and against any and all claims, losses, damages, costs, and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or resulting from a claimed breach of any of Licensee’s representations, warranties or agreements hereunder.
- Miscellaneous. This License is non-transferable and is limited to the Composition specified, constitutes the entire agreement between the Licensor and the Licensee relating to the Composition, and shall be binding upon both Licensor and Licensee and their respective successors, assigns, and legal representatives.
- Governing Law. This License is governed by and shall be construed under the laws of Colorado and the United States, without regard to the conflicts of laws and principles thereof.
- Royalties. The Licensee agrees to upload the final work with the Composition to DistroKid for sale and distribution in the online music retailers. The Licensee agrees to pay an agreed percentage based on digital sales, including downloads and streams via DistroKid's "Automatic Revenue Splits" feature. Any revenues earned from physical, tangible sales are excluded from royalties, including CDs, DVDs, flash drives, etc.
Electronic Signatures. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement, are intended to authenticate this writing and to have the same force and effect as manual signatures.