LICENSE TERMS

 

Music License Agreement


1.1 This License Agreement (the “Agreement”), having been made on and effective as of purchase date (the “Effective Date”) by and between WavebeatsMusic (the “Producer” or “Licensor”); and you, The Customer Name (“You” or “Licensee”), residing at The Customer Address, sets forth the terms and conditions of the Licensee’s use, and the rights granted in, the Producer’s instrumental music track entitled Track Name (the “Music Track”) in consideration for Licensee’s payment, on a so-called “License Name” basis.

1.2 This Agreement is issued solely in connection with and for Licensee use of the Music Track pursuant and subject to all terms and conditions set forth herein.

2 Definitions

2.1 The following defined terms shall have the following meanings under this Agreement:

“Music Track” means each and every music contained in the WavebeatsMusic music catalogue on www.wavebeatsmusic.com.

3 License Fee

3.1 The Licensee to shall make payment of the License Fee to Licensor on the date of this Agreement. All rights granted to Licensee by Producer in the Music Track are conditional upon Licensee’s timely payment of the License Fee. The License Fee is a one-time payment for the rights granted to Licensee and this Agreement is not valid until the License Fee has been paid.

4 The Services and Delivery

4.1 Licensor provides you with an array of Music Tracks that are made available to Licensee via the Website and which we:

  • allow Licensee to browse and listen to on the Website;
  • allow Licensee, under the applicable/selected License, to download from the Website for use in your Project(s);
  • permit Licensee, subject to Section 5 (License Grant and Restrictions), to use in your Project(s).

4.2 Licensor agrees to deliver the Music Track as a high-quality file, as such terms are understood in the music industry. Licensor shall use commercially reasonable efforts to deliver the Music Track to Licensee immediately after payment of the License Fee is made. Licensee also will receive the Music Track downloadable link via email, to the email address Licensee provided to Licensor.

5 Licenses

5.1 As part of the Services and subject to Section 6 (Limitations and Restrictions) and/or this Agreement, Licensor grants Licensee a non-exclusive, worldwide, non-transferable, non-sublicensable, right to use, download, modify, in whole or in part, the Music Track(s), solely in accordance with the terms and conditions of this Agreement and the applicable License you choose to purchase..

5.2 Licensor offers you the choice of one of the three (3) licenses, namely the Basic License, Standard License and Premium License (as defined below), that permits you to download and use Music Track available on the Website, for your Project. Each Licenses (as defined below) shall be granted in perpetuity. The features and details of each License are as follows:

  • Basic License: This License allows you to download and use one (1) Music Track, for a one-off licensing fee (as detailed on the Website), in your Project as part of a video, film, documentary, animation, presentation or slideshow that is published AND accessible online free of charge, on-hold music, or background music in websites (background to web page), bars, hotels, restaurants, shops or gyms. You may clear one (1) YouTube channel.(“Basic License”).
  • Standard License: This License grants Licensee the same rights as the Basic License but also the right to download and use one (1) Music Track, for a one-off licensing fee (as detailed on the Website), in your Project as part of an online advertisement, a video game, application, software, an online course, a video or indie film or documentary or animation or presentation that will be screened publicly, physical end products (dvd, games, apps, audiobooks, etc. up to 10.000 copy limit). You may clear up to three (3) YouTube channels. (“Standard License”).
  • Premium License: This License grants Licensee the same rights as the Standard License but also grants you the right to download and use one (1) Music Track, for a one-off licensing fee (as detailed on the Website), in your Project as part of a video, film, documentary, animation or advertisement that will be broadcasted on TV, online on a VOD platform, or in cinemas, or a show broadcasted on the Radio. Furthermore, the Premium License allows you to sell Projects, containing the Music Track, to multiple clients for their commercial usage. You may clear an unlimited number of YouTube channels, provided that you keep it reasonable. Licensor reserves the right, in its sole discretion, to determine what constitutes an unreasonable use of its unlimited YouTube channel clearance feature.(“Premium License”).

 

5.3 The Licensor gives Licensee the right to make reasonable use of the Musical Tracks available on the Website, and does not limit the number of Projects in which you are entitled to integrate and/or synchronize the Music Tracks you download from the Website. With the exception of the “Premium License”, such projects are not meant to be sold to several clients for their commercial usage.

5.4 The Licensor shall provide Licensee with a license certificate for each Music Track that you download and purchase from the Website.

5.5 For the avoidance of doubt, you may use our Music Track in videos which are posted on Facebook, but you must not register the Music Track with the Facebook rights manager service.

5.6 All rights not expressly granted to you by Licensor are hereby reserved.

6 Limitations And Restrictions

6.1 Except if expressly permitted under the Services and Licenses of this Agreement, you shall not:

(a) redistribution of as a music track “as-is”,

(b) use the Music Tracks in applications or software that produces or generates videos,

(c) adding vocals and reselling as a song,

(d) use the Music Tracks in audio podcasts, audiobooks, meditation soundtracks and Projects that contain only audio material,

(e) make any re-mixes with the Music Tracks,

(f) falsely represent, expressly or impliedly, that you are the original creator/owner/author of the Music Tracks,

(g) use the Music Tracks and any derivative work containing the Music Tracks, in whole or in part, in any other stock product, library, collection, or database for distribution or resale

(h) use the Music Tracks in Projects that promote violence, hate, discrimination, illegal activity, cruelty and/or harmful content,

(i) permit a third party to use or copy the Music Track(s)

(j) make the Music Tracks available and/or distribute, resell, or perform the Music Tracks separately from the Project into which the Music Tracks has been incorporated

(k) use the Services for any purpose not expressly permitted by this Agreement or the applicable License.

6.2 Licensor reserves its full right to determine at its sole discretion whether the use of a Music Track constitutes a violation of this Section. In such event, Licensor may demand that you immediately cease using any of the Music Track(s), Website and/or Services.

7 Ownership and intellectual Property Rights

7.1 The Producer holds all copyrights and neighboring rights in and to the music catalogue and is the sole rights holder in respect of the Music Tracks.

7.2 You hereby acknowledge that you do not acquire any proprietary rights as a result of this Agreement in relation to any Music Tracks. The Music Tracks are the sole property of the Producer.

8 Liability

8.1 Subject to the liability limitations set forth below, each of the parties will be liable for any direct damages incurred by the non-breaching party as a result of the breaching party’s breach and/or failure to perform its obligations under the Agreement.

8.2 EXCEPT AS NOTED BELOW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS.

8.3 IN NO CASE WILL AUDIOSTOCKBOX BE LIABLE TO YOU FOR DAMAGES THAT CORRESPOND TO A HIGHER VALUE THAN ALL LICENSE FEE AMOUNTS RECEIVED BY AUDIOSTOCKBOX FROM YOU DURING THE TERM OF THIS AGREEMENT PRIOR TO THE TIME SUCH DAMAGE AROSE.

8.4 The above limitations of liability do not apply with respect to damage occasioned by fraud, willful misconduct, or gross negligence of a party.

9 Assignment

9.1 You may not wholly or partially assign or pledge any of its rights and/or obligations under this Agreement without Licensor prior written consent. Licensor may transfer this Agreement and/or wholly or partially assign or pledge any of its rights and/or obligations under this Agreement to any third party provided that such third party agrees to be bound to this Agreement.

10 Applicable Law

10.1 This Agreement shall be governed by and construed under the laws of the Mount Colah, AUSTRALIA without regard to any conflict of law provision.

Why you should always use royalty-free music protected with Content ID in your videos

For a long time, I measured the pros and cons of using digital fingerprints or ‘content ID’ to protect my music. The major con was that all customers who have already purchased my music legally and thus, have valid licenses, would receive copyright claims and would need to clear the videos. As not everyone is familiar with this process, I was concerned about the frustration this would cause. While it’s just a notice (not to be confused with a strike against an account) I feared that it would cause unnecessary stress to customers.

However, due to two recent events, I decided to go ahead and register my entire portfolio. Long story short: first, I accidentally found out that someone has been using one of my tracks to monetize from a streaming website by allowing people to download it for free; second, I discovered that an overseas company had registered one of my tracks with Content ID and claimed as their own. Then, I received a few emails from customers (who had legally purchased licenses to use this track) complaining about copyright claims on their videos as well as their videos being blocked on Instagram. The worst part, I was unable to clear those claims. In both cases, I had absolutely no idea what was going on. I felt outraged that my ability to have full control over my music (and thus provide proper support to my customers) was unrightfully taken from me.

The only way to remedy the situation and avoid similar cases in the future was to register all my portfolio with ‘content ID’. This move ensured: 1. That my work would be protected against infringement 2. That no other person or entity could be claiming my work elsewhere and 3. That I had access to the tools needed to assist legit customers to clear their videos quickly and easily.

While I understand that this will add an extra step to use my music in your projects (only if you wish to monetize your video), I believe it is a necessary step, and one that protects you, your videos, and your online channels/accounts and at the same time, it protects me and my work.

If you have questions, please feel free to contact me at contact@wavebeatsmusic.com

Thank you for your support!

Henrique Dib

Composer and founder of WavebeatsMusic