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Sampling License Template for Switzerland

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Key Requirements PROMPT example:

Sampling License

"I need a Sampling License for my upcoming EDM album where I'm using a 3-second drum break from a 1980s jazz recording, with worldwide distribution rights starting March 2025 and including streaming, downloads, and vinyl release."

Document background
The Sampling License is a crucial document in modern music production, particularly relevant in Switzerland's sophisticated intellectual property landscape. This agreement is essential when an artist or producer wishes to legally incorporate portions of existing recordings into new works. It ensures compliance with Swiss copyright law while facilitating creative expression and commercial exploitation. The document is typically used when a rights holder authorizes the use of a specific musical excerpt, providing clear parameters for usage, compensation, and attribution. The license includes technical specifications, permitted uses, territorial scope, and duration of rights, all structured within the framework of Swiss legal requirements and international copyright conventions. It's particularly important given Switzerland's role as a significant market in the global music industry and its unique position regarding intellectual property rights.
Suggested Sections

1. Parties: Identification of the rights holder (licensor) and the artist/producer requesting to use the sample (licensee)

2. Background: Context of the agreement, including identification of the original work and the intended sampling use

3. Definitions: Definitions of key terms including 'Sample', 'Derivative Work', 'Master Recording', 'Territory', 'Term', and 'Commercial Release'

4. Grant of Rights: Specific rights granted to use the sample, including scope, territory, and duration

5. Sample Usage Restrictions: Specific limitations on how the sample can be used, modified, or incorporated

6. Payment Terms: Financial terms including upfront fees, royalties, accounting periods, and payment methods

7. Credit and Attribution: Requirements for crediting the original work and rights holders

8. Warranties and Representations: Guarantees from both parties regarding rights ownership and authority to enter agreement

9. Term and Termination: Duration of the license and conditions for termination

10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Live Performance Rights: Additional rights and conditions for performing the sampled work live

2. Remix Rights: Specific provisions for creating remixes using the sample

3. Synchronization Rights: Rights to use the sampled work in audiovisual productions

4. Sub-licensing Rights: Rights and conditions for sub-licensing the sample to third parties

5. Moral Rights: Specific provisions regarding moral rights under Swiss law

6. Insurance Requirements: Insurance obligations for high-value samples or high-risk uses

7. Dispute Resolution: Alternative dispute resolution procedures such as mediation or arbitration

Suggested Schedules

1. Schedule A - Original Work Details: Detailed information about the original work including title, duration, copyright registration, and rights holders

2. Schedule B - Sample Specification: Technical details of the permitted sample including timestamp, duration, and waveform visualization

3. Schedule C - Approved Usage Examples: Examples or demonstrations of approved ways to use the sample

4. Schedule D - Payment Schedule: Detailed breakdown of payment terms, royalty rates, and payment milestones

5. Schedule E - Credit Requirements: Specific format and placement requirements for credits and attributions

6. Appendix 1 - Technical Delivery Requirements: Technical specifications for delivery of the sample and final work

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions












































Clauses






























Relevant Industries

Music Industry

Entertainment

Media Production

Digital Content Creation

Music Publishing

Recording Industry

Film and Television

Gaming Industry

Advertising

Live Entertainment

Relevant Teams

Legal

Music Production

Rights Management

Business Affairs

Creative Services

Publishing Administration

Digital Content

Artist Relations

Copyright Administration

Licensing Operations

Relevant Roles

Music Licensing Manager

Rights Clearance Specialist

Legal Counsel

Music Producer

A&R Manager

Copyright Administrator

Music Supervisor

Sample Clearance Coordinator

Publishing Manager

Recording Artist

Music Industry Attorney

Creative Director

Production Manager

Digital Rights Manager

Business Affairs Executive

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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