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The Sampling License agreement is essential for any entity seeking to legally incorporate portions of existing musical works into new productions under German law. This document type is particularly crucial given Germany's strict copyright protection regime and strong emphasis on moral rights (Urheberpersönlichkeitsrecht). The agreement becomes necessary when artists, producers, or companies wish to sample existing recordings for new musical works, remixes, or other creative projects. It contains detailed provisions for sample usage, technical specifications, payment terms, and attribution requirements, all structured to comply with German legal requirements. The Sampling License includes specific considerations for collecting society involvement (such as GEMA) and addresses both the economic and moral rights aspects of German copyright law. It's designed to provide clear guidelines for sample use while protecting the interests of all parties involved.

1. Parties: Identification of the licensor (rights holder of the original work) and licensee (party seeking to use the sample)

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

3. Definitions: Key terms including 'Original Work', 'Sample', 'Derivative Work', 'Territory', 'Term', and other relevant technical and legal terms

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

5. Sample Specifications: Detailed description of the approved sample, including length, timing, and any modifications permitted

6. Payment Terms: Fee structure, including upfront payments, royalties, and payment schedule

7. Moral Rights: Acknowledgment and protection of moral rights under German law (Urheberpersönlichkeitsrecht)

8. Warranties and Representations: Confirmations regarding ownership and right to license the sample

9. Credit and Attribution: Requirements for crediting the original work and artist

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

11. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction