The Sampling License agreement is essential in modern music production and content creation within Malaysia's legal framework. This document type is used when an artist, producer, or company wishes to legally incorporate portions of existing musical works into new productions. The Sampling License establishes clear parameters for usage, including specific sections that can be sampled, duration limits, and permitted contexts. It addresses key aspects such as royalty payments, attribution requirements, and territory restrictions while ensuring compliance with Malaysian copyright law and industry standards. The agreement is particularly crucial given the increasing importance of sample-based music production and the need to protect both original rights holders and new creators in the Malaysian market. This document type must account for both common law and Shariah law considerations where applicable, making it unique to the Malaysian jurisdiction.
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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 the intended use of the sample
3. Definitions: Key terms including 'Sample', 'Licensed Work', 'Territory', 'Derivative Work', and other relevant terminology
4. Grant of License: Specific rights being granted, including permitted uses of the sample
5. License Fee and Royalties: Financial terms, including upfront payments and ongoing royalties
6. Term and Termination: Duration of the license and conditions for early termination
7. Use Restrictions: Limitations on how the sample can be used, modified, or incorporated
8. Attribution Requirements: How the original work and artist must be credited
9. Warranties and Representations: Guarantees about ownership and rights to license the sample
10. Indemnification: Obligations to protect against third-party claims
11. Governing Law: Specification of Malaysian law as governing law and jurisdiction
1. Exclusivity: Terms making the license exclusive, used when the licensee wants sole rights to use the sample
2. Territory Restrictions: Geographic limitations on where the sampled work can be used
3. Quality Control: Requirements for approval of the final use of the sample, used for high-profile or sensitive works
4. Sub-licensing Rights: Permission and terms for the licensee to grant rights to third parties
5. Moral Rights: Specific provisions regarding the original artist's moral rights under Malaysian law
6. Distribution Channels: Specific platforms or methods through which the sampled work can be distributed
7. Assignment: Rights and restrictions regarding transfer of the license to third parties
1. Schedule 1 - Original Work Details: Detailed description of the original work, including registration numbers and ownership information
2. Schedule 2 - Sample Specification: Technical details of the licensed sample, including timing, duration, and any specific portions being licensed
3. Schedule 3 - Approved Uses: List of specific approved uses and contexts for the sample
4. Schedule 4 - Fee Structure: Detailed breakdown of payments, royalties, and payment schedules
5. Appendix A - Sample Waveform: Visual representation of the licensed sample portion
6. Appendix B - Attribution Requirements: Detailed requirements and examples for proper crediting
Relevant legal definitions
Clauses
Relevant Industries
Music and Recording
Entertainment
Digital Media
Broadcasting
Advertising
Film and Television
Gaming
Live Events
Digital Content Creation
Music Publishing
Relevant Teams
Legal
Rights Management
Music Production
Content Acquisition
Business Affairs
Creative Services
Copyright Administration
Digital Operations
Compliance
Artist & Repertoire
Relevant Roles
Music Licensing Manager
Copyright Administrator
Legal Counsel
Music Producer
A&R Manager
Content Acquisition Manager
Rights Management Specialist
Music Supervisor
Sample Clearance Coordinator
Entertainment Lawyer
Creative Director
Music Publishing Manager
Digital Content Manager
Compliance Officer
Business Affairs Executive
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