MEDIA PRODUCER USAGE LICENSE
The blanket “media producer license” covers any usage in which you, the purchaser are combining the music with graphics, video, or sound elements to create a media product/ production that is clear and distinct from the music itself. This includes content for online videos/ads, corporate videos, audiobooks, mobile applications, and hold music.
The rights granted include:
1. MECHANICAL RIGHTS
The right to re-record, duplicate and release the music as part of your production in whatever medium you choose (e.g. video tape, film, CD ROM, DVD, digital formats), whether now known or hereinafter devised.
If the music is used in software, the music must be “embedded” so that the end user of the software is unable to extract or use the music on its own.
2. SYNCHRONIZATION RIGHTS
The right to use the music as a soundtrack “synced” with visual images as part of your production, and to exploit such production in the content restrictions listed in the Usage License, whether now known or hereinafter devised.
3. PUBLIC PERFORMANCE RIGHTS
The right to use the music as part of the public viewing, broadcast or other exploitation of
your production limited to the content listed in the Usage License, whether now known or hereinafter devised.
Arches Audio Co. guarantees that it owns and controls the rights represented herein with respect to the recordings and the musical compositions in each of the Represented Tracks and has and will hold throughout the Territory and during the Term the above listed rights to exploit the Represented Tracks as contemplated herein. Licensor shall indemnify and hold Licensee harmless from any and all claims, liabilities and costs, losses, damages or expenses (including reasonable attorney’s fees) arising out of any breach or failure of any covenants or warranties made by Licensor herein.
YOU THE PURCHASER MAY:
1. Use the music for content listed in the Usage License.
2. Broadcast the music (as part of your production) over any public or private medium that complies with FCC guidelines.
3. Transfer the music to any medium necessary (video, film, reel to reel, digital, etc.) to complete your production/project, and exploit the production in any and all media now known or hereafter devised.
4. Use the music themes for any production listed in the Usage License.
This track may not be resold as part of other music or audio-related collection, in part or in whole. It may not be used or resold as a commodity except as part of a media production that is clearly unique and distinct from the track itself. It may not be copied or duplicated except for use in the licensee’s production and must only be used by the person to whom the license was given. Tracks may not be traded or exploited for profit or any other reason. Arches Audio Co. maintains all intellectual property rights with regard to the marketing and sales of all tracks and any infringement thereof is punishable by law. With respect to music embodied within a motion picture, film, tv production, video, or other similar production, subject to payment of the license fee, in the event of any breach of this Agreement by you, other than with respect to exceeding the scope of the granted rights, Arches Audio Co.’s sole remedy shall be the recovery of money damages, and it shall not have the right to terminate or rescind this Agreement or to enjoin or restrain the use of or the exhibition, distribution, advertising or exploitation of your production.
YOU THE PURCHASER MAY NOT:
1. Change the music so as to make it unrecognizable or so as to create a derivative work which constitutes a separate musical entity that is distinct from the original, without the written consent of the owners. You may, however, edit and mix the music to fit your production, add effects and/or digital or analog processing to enhance or alter the music as is consistent with typical editing techniques so as to customize or fit the music to your particular production.
2. Claim ownership or authorship of the music represented under this agreement.
3. Transfer, share or sub-lease this license agreement with any other party; provided however, the foregoing is not intended to restrict your ability to transfer, lease, license or otherwise assign the music as embodied within your production.
4. Sell the music contained herein outright to any other individual or party (although the music can be sold as part of your production, which is a clear and distinct product from the music itself.)
This is a legal agreement between you, the end user, and Arches Audio Co.