The Sampling License is essential in modern music production where artists seek to legally incorporate portions of existing musical works into new compositions. This document type is particularly relevant in Belgium, where it must comply with both national copyright law and EU directives. The agreement is used when an artist or producer wishes to sample an existing recording or composition, establishing clear terms for usage rights, compensation, and attribution. The Sampling License specifically addresses the unique requirements of Belgian law regarding moral rights and fair compensation, while also considering EU-wide copyright protection. It includes detailed specifications about the sample being licensed, permitted uses, territorial restrictions, and payment terms, making it suitable for both domestic and international music production contexts. The document serves as a crucial tool for ensuring legal compliance and protecting the rights of both the original rights holders and the sampling artists.
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1. Parties: Identification of the rights holder (licensor) and the party seeking to use the sample (licensee)
2. Background: Context of the agreement, including identification of the original work and intended use
3. Definitions: Definitions of key terms including 'Sample', 'Derivative Work', 'Territory', 'Term', 'Commercial Release', and 'Revenue'
4. Grant of Rights: Specific rights granted to use the sample, including permitted modifications and territories
5. Sample Description: Detailed description of the specific portion of the original work being licensed
6. Usage Restrictions: Limitations on how the sample can be used, including any prohibited uses
7. Term and Territory: Duration of the license and geographical areas where the sample can be used
8. Fees and Royalties: Payment terms, including upfront fees and ongoing royalties if applicable
9. Credit and Attribution: Requirements for crediting the original work and artist
10. Representations and Warranties: Guarantees from both parties regarding rights ownership and authority to enter agreement
11. Termination: Conditions under which the agreement can be terminated and consequences
12. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Moral Rights: Specific provisions regarding moral rights under Belgian law, used when the original artist wishes to maintain certain controls
2. Sub-licensing Rights: Include when licensee needs right to sub-license the sample to third parties
3. Digital Rights Management: Include when specific technical protection measures are required
4. Collective Management: Include when involving collecting societies like SABAM
5. Promotional Rights: Include when specific promotional uses need to be addressed
6. Audit Rights: Include for revenue-sharing arrangements where verification rights are needed
7. International Usage: Additional provisions for international use beyond EU territories
1. Schedule A - Sample Specification: Technical details of the sample including duration, timestamp in original work, and waveform
2. Schedule B - Approved Usage Examples: Examples or demonstrations of approved ways to use the sample
3. Schedule C - Payment Schedule: Detailed breakdown of payment terms, royalty calculations, and payment dates
4. Schedule D - Credit Requirements: Specific format and placement of required credits
5. Appendix 1 - Original Work Documentation: Documentation proving ownership and registration of the original work
6. Appendix 2 - Territory List: Detailed list of territories where the license applies
Relevant legal definitions
Clauses
Relevant Industries
Music
Entertainment
Digital Media
Broadcasting
Film Production
Advertising
Gaming
Live Performance
Music Education
Music Technology
Relevant Teams
Legal
Rights Management
Music Production
Artist Relations
Copyright Administration
Business Affairs
Creative Services
Digital Operations
Publishing
Licensing
Relevant Roles
Music Rights Manager
Legal Counsel
Copyright Administrator
Music Producer
Recording Artist
A&R Manager
Music Licensing Specialist
IP Rights Manager
Music Publisher
Content Acquisition Manager
Sample Clearance Specialist
Music Industry Lawyer
Digital Rights Manager
Creative Director
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