The Music License For Film agreement is essential for film productions requiring the use of copyrighted musical works in New Zealand. This document is typically used when a film production company needs to secure rights to incorporate specific musical compositions or recordings into their film project. It addresses the complex requirements of New Zealand's copyright law framework, including the Copyright Act 1994 and related legislation. The agreement covers crucial elements such as synchronization rights, performing rights, territory restrictions, and fee structures. It's particularly important as it helps prevent future disputes by clearly defining the scope of music usage, duration of rights, and required attributions. The document should be customized based on whether the license covers pre-existing music or commissioned compositions, and whether it includes rights for soundtrack albums or international distribution.
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1. Parties: Identification of the licensor (music rights holder) and licensee (film producer/production company)
2. Background: Context of the agreement, including brief description of the musical work(s) and the film project
3. Definitions: Key terms including 'Musical Work', 'Recording', 'Territory', 'Term', 'Film', and other technical terms
4. Grant of Rights: Specific rights being licensed, including synchronization rights, performing rights, and any territorial restrictions
5. Term and Territory: Duration of the license and geographical scope of usage rights
6. Fee and Payment Terms: License fees, payment schedule, and any royalty arrangements
7. Music Credit Requirements: Requirements for crediting composers, performers, and rights holders in the film
8. Warranties and Representations: Guarantees regarding ownership and right to license the music
9. Moral Rights: Acknowledgment and handling of moral rights under New Zealand law
10. Termination: Circumstances under which the agreement can be terminated and consequences
11. Governing Law and Jurisdiction: Specification of New Zealand law and jurisdiction for dispute resolution
12. General Provisions: Standard contractual clauses including notices, assignment, and entire agreement
1. Soundtrack Album Rights: Include when the film producer wants rights to release the music as part of a soundtrack album
2. International Distribution Rights: Additional terms for international distribution of the film with the licensed music
3. Digital Platform Rights: Specific terms for streaming and digital platform distribution
4. Music Alterations: Terms regarding permitted modifications to the musical work
5. Promotional Use: Rights and restrictions for using the music in film promotions and trailers
6. Additional Language Versions: Terms for dubbing or subtitling the film while retaining the music
7. Music Performance Rights: Include when public performance rights are being granted alongside sync rights
1. Schedule 1 - Musical Work Details: Detailed information about each musical work including title, composer, duration, and copyright information
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, including any milestone payments or royalty calculations
3. Schedule 3 - Technical Delivery Requirements: Technical specifications for music files and delivery format
4. Schedule 4 - Music Cue Sheet: Detailed timing and placement of music within the film
5. Schedule 5 - Credit Requirements: Specific format and placement of required credits
6. Appendix A - Original Recordings: List of original master recordings being licensed
7. Appendix B - Territory Restrictions: Detailed list of any territorial restrictions or special requirements by territory
Relevant legal definitions
Clauses
Relevant Industries
Entertainment
Media
Film & Television
Music
Digital Media
Broadcasting
Copyright & Licensing
Performing Arts
Creative Industries
Relevant Teams
Legal
Music Supervision
Film Production
Business Affairs
Rights Management
Copyright
Licensing
Media Distribution
Contract Administration
Relevant Roles
Legal Counsel
Music Supervisor
Film Producer
Entertainment Lawyer
Rights Manager
Music Licensing Manager
Film Production Manager
Copyright Officer
Business Affairs Manager
Music Publisher
Film Distribution Manager
Media Rights Manager
Contract Administrator
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