My Exclusive License Agreement: Good or Bad?

DJ Idol

DJ-Idol.Com
Ok, I'm working on getting my website going and filled out before I really start promoting it, and I just finished my exclusive license agreement, and wanted your opinions on it.

All beats for sale are exclusive licenses only. For purchasing information, please Contact me.

An Exclusive Beat is a beat that only one person can purchase and own the rights to use it. If an Exclusive beat is sold, the buyer gains rights to use to beat. The buyer of the beat is the only person or company allowed to use this beat. The buyer gains the sole rights to use the beat, but cannot re sell the purchased beat. The producer (DJ Idol Productions) must always receive credit for the beat, unless otherwise agreed upon by the two parties.

Buyers of Exclusive beats are subject to the following license agreement:
EXCLUSIVE BEAT LICENSE AGREEMENT
The Exclusive Producer, DJ Idol Productions (hereinafter referred to as the “Seller”), in accordance with the terms stated in this agreement gives the buyer the rights to exclusive beats purchased from DJ Idol Productions.
RIGHTS GRANTED TO THE BUYER
Buyer does have the worldwide, exclusive, transferable right for the use of the Music as long as additional audio/visual performances are recorded with our musical compositions (hereinafter referred to as “synchronization”) The Buyer is granted permission to sell or broadcast only in synchronization or mechanical reproduction with other visual or audio performances (vocals) added by Buyer. Rights include distribution of phono-record demos created using the Exclusive Producer compositions. Buyer has distribution, performance and radio rights as long as they adhere to the following restrictions. Buyer understands that the rights that are being granted to the Buyer in this Agreement are exclusive and that the Seller will have the no authority and no right to issue other parties the right to use the Original Instrumental Composition that is being licensed in this agreement.
1. The License expressly FORBIDS resale or other distribution of the Exclusive Producer’s compositions, either as they exist or any modification thereof. You CANNOT sell, loan, rent, lease, assign, remix, rearrange, remove any melodies, instruments, drum programming or transfer all OR any of the products sold or their rights under to another user (example – Record Label, another production company, another producer), or for use in any competitive product without written consent and or another license agreement.
2. The Buyer understands that the Original Instrumental Composition that is being licensed in this agreement may or may not contain unapproved samples. The Buyer also understands that they are responsible for clearing all samples that they choose to use and that the Seller cannot and will not be held liable for the misuse of any sampled material that the Buyer uses in conjunction with the Original Instrumental Composition that is being licensed in this agreement.
3. Buyer cannot resell, lease or license any compositions to another user without written permission from Seller. The Buyer understands that The Seller maintains 100% copyright and ownership of the Original Instrumental Composition that is being licensed in this agreement, and the Buyer has the right to sell or license the rights to the Original Instrumental Composition weather in whole or part to any other party with written permission from the Seller.
4. Buyer cannot use beat compositions as a background element in TV, Film and DVD projects without obtaining written consent and or another license agreement.
5. Buyer must supply the Exclusive Producer with at least 1 copy of each final recording made using the Exclusive Producer’s Music.
6. Buyer must include on all productions the producer’s name. Buyer agrees to display this statement on all physical media containing a portion or sum of the Original Instrumental Composition that is being licensed in this agreement. Including but not limited to CD’s, CD covers, Cassette tapes, Cards, etc.
Example Credits
Music produced by DJ Idol Productions.
Music © 2011 All Rights Reserved.
MP3 Files Must Include – Produced by DJ Idol Productions or (Prod. by DJ Idol Productions).
7. Buyer may sell completed work using music in any format.
8. Buyer must contact and inform Seller of CD sales if the Original Instrumental Composition is used for commercial purposes with a record label with gross revenue of over $1,000,000, the Seller must receive credit for the Original Instrumental Composition, unless agreed upon otherwise by the two parties.
9. Use of the Exclusive Producer’s compositions in isolation (without synchronization of vocal performance) is not permitted without obtaining a special Multimedia license directly from the Exclusive Producer. If you are interested in using the Exclusive Producer’s compositions for Radio Broadcast, Commercial Advertisement, Television Broadcast, Video Games, Internet, On-hold & In House Background Music, or film Soundtracks you must contact the Exclusive Producer directly in order to be granted such license.
PERFORMANCE AGREEMENT
1. Buyer has the right to perform with the Exclusive Producer’s music in public. If the Exclusive Producer’s music composition purchased by Buyer is exploited regionally, nationally or worldwide via radio, television, motion picture or in any other form of entertainment, Buyer must contact Seller so that Seller can take proper steps in obtaining any performance royalties generated.
2. Buyer is the sole owner of the music referred to in this agreement. Buyer has no ownership of the Exclusive Producer’s copyrights.
3. Buyer must comply with every aspect of this agreement or this license will be terminated.
By signing below, you agree to all of the terms above. This agreement shall be binding upon the parties, their successors, assigns and personal representatives. Time is of the essence on all undertakings. This agreement shall be enforced under the laws of the state of Texas.
This is the entire agreement.

Thanks for any help!
 
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Does it fit your needs...? Does it CYA? If so then its good

I guess so, the main thing I was worried about is getting the point across that I must always be credited for the production, and that it is the buyer's responsibility to clear the samples, and I believe I got those 2 things covered.
 
I guess so, the main thing I was worried about is getting the point across that I must always be credited for the production, and that it is the buyer's responsibility to clear the samples, and I believe I got those 2 things covered.

Mission accomplished
 
Thanks for sharing your exclusive lease agreement ....very nice... I'll be sharing my business plan here soon.. too.. to give ppl insights on what a business plan should be like.. of course I'll be taking out senisitive info out..
 
Wait...Someone clarify please. If I (the buyer) purchased a beat from the (seller) I would get the tracked out parts AS WELL as the midi files. So if i own the rights i would be able to adjust the track as I see fit right? Since I bought out the rights? Like I know Eminem when he did the song Not Afraid by Boi-1da he didnt use it str8 off what the producer did. He had his additional elements added from piano, choirs, pads and other elements.
 
Wait...Someone clarify please. If I (the buyer) purchased a beat from the (seller) I would get the tracked out parts AS WELL as the midi files. So if i own the rights i would be able to adjust the track as I see fit right? Since I bought out the rights? Like I know Eminem when he did the song Not Afraid by Boi-1da he didnt use it str8 off what the producer did. He had his additional elements added from piano, choirs, pads and other elements.


if you buy an exclusive instrumental yes any real producer provides track outs...
but you probably won't get MIDI tracks at all I never gave any artist MIDI tracks because you don't need it them...you can add to the compisition of the beat if you want ...so you would be doing a remix...
the producer who sold you the orginal beat will still own the rights to the orginal beats and will get royalities ...of course you could buyout the producers buying his copyright
 
if you buy an exclusive instrumental yes any real producer provides track outs...
but you probably won't get MIDI tracks at all I never gave any artist MIDI tracks because you don't need it them...you can add to the compisition of the beat if you want ...so you would be doing a remix...
the producer who sold you the orginal beat will still own the rights to the orginal beats and will get royalities ...of course you could buyout the producers buying his copyright

I mean they could want to change the sequence of chords using that same sound from the midi. or add onto it using something totally different. So the PRODUCER who sold the exclusive rights still owns rights and will recieve royalties (if agreed upon) if thats so WHO owns the MASTERS the artist?
 
yeah if you want to customize the beat that much ...the producer probably going to want alot more....
 
yeah if you want to customize the beat that much ...the producer probably going to want alot more....

Producer will want alot more for the entire collection of rights? meaning he has ZERO control over it once handed over?
 
you can negotiate that in the contract ...that's what I call a buyout...in which you buy the copyright from the producer and you become the registered owner..
now some producers who are just starting out haven't registered their copyright and you can just buy them out and then register the copyright ...
talk to the producer...have a relationship



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