Hello everyone
I hate to be a nuisance and ask a question that has been answered before but all of this is really beyond me.
Does anyone by chance have a contract tamplate that I as a film maker can use when working with musicians to gain their permission to use a song in a movie?
What I'm wanting to do is name the musicians in the credits and give them a copy of the final product. They would not be paid and I would have no rights to alter their music other than maybe using only some parts of songs. I want to assure them that their music will not be used in any other productions other than those they explicitly agree to in the contract. This would be for low budget movies (we can't afford to pay for songs at this time) and the songs will be coming from local, unsigned bands looking to promote their music through our movies.
Thank you a bunch for any assistance
Nevermind... I figured it out. I borrowed someone else's contract on here and adjusted it to suit my needs. This is tailored to a situation wherein a person wants to solicit free music to put into their movie. Comments and suggestions are welcome.
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NON-EXCLUSIVE USE LICENSE AGREEMENT
This Agreement is between ______________me_________________ ("Licensee"), and _________band_______________ ("Licensor").
Contact Information: (Please Print Clearly)
LICENSEE:
Name:
Address:
Phone Number:
LICENSOR:
Band Name:
Address:
Phone Number:
Contact Person(s):
___________band name/members names__________ is/are the sole Exclusive Owner(s) of the song __________"song title"___________ that is being licensed in this Agreement.
_________band name/members names ____________ is/are the sole Authorized Licensor(s) of the song ______________"song title"___________ that is being licensed in this Agreement.
The Licensee wishes to have the non-exclusive right of usage of the song ____________"song title"___________ under the provisions of this Agreement.
GRANT OF RIGHTS
The Licensee agrees to give the Licensor credit for musical contribution on the film and provide a copy of the completed product to the Licensor.
Licensee Initials:__________ Licensor Initials:__________
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TERMS
A) The Licensee understands that their non-exclusive use of the song ___________'song title"__________ is limited to the following rights:
The non-exclusive right to use ___________"song title"_________ as music in the new film _____________"film title"___________ (film title is subject to change).
The non-exclusive right to include and exploit __________"song title"___________ to promote the film; this includes portions of the song being used in digital internet usage, radio broadcasts, video clips and audiovisual uses all solely for the purpose of advertising and promoting the film ____________"film title"______________ (film title is subject to change).
B)The Licensee also understands that their non-exclusive usage of _________"song title"__________ is limited to one new film and if the Licensee wishes to use __________"song title"___________ in other new films, then the Licensee must obtain another License to use ________"song name"__________ from the Licensor.
C) Licensor understands that the rights that are being granted to the Licensee in this Agreement are non-exclusive and that the Licensor will have the full authority and full right to issue other parties the right to use the song __________"song title"___________ that is being licensed in this agreement.
D) The Licensee is hereby allowed to use portions of the song or the whole song in the new film _______________"film title" ________________ (film title is subject to change).
The Licensee agrees to refrain from editing the composition of the song __________"song title"___________ that is being licensed in this agreement. The Licensee will not change the arrangement of __________"song title"___________ or add or remove any melodies, instruments, drum programming or sounds that are contained within __________"song title"___________.
E) Licensee understands that the song __________"song title"___________ that is being licensed in this agreement does not contain any unapproved samples. The Licensor also understands that they are responsible for clearing all samples that they choose to use and that the Licensee cannot and will not be held liable for the misuse of any sampled material that the Licensor uses in conjunction with the song __________"song title"___________ that is being licensed in this agreement.
F) The Licensee understands that The Licensor maintains 100% copyright and ownership of the song __________"song title"___________ that is being licensed in this agreement, and the Licensee has neither the right nor authority to sell or license the rights to the song __________"song title"___________ whether in whole or part to any other party.
G) Licensee is required to credit the producer _________producer name___________ on the film that the Licensee creates that contains a portion or sum of the song __________"song title"___________ that is being licensed in this agreement, with the following statement ________Music by band representative initials for X Records___________.
Licensee agrees to display this statement on all physical media containing a portion or sum of __________"song title"___________ that is being licensed in this agreement. Including but not limited to Film end credits, DVD end credits and Video tape end credits.
Licensee Initials:__________ Licensor Initials:__________
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H) Licensee is required to credit ___________band name/members names__________ as the writer(s) of the music on the new film that the Licensee creates that contains a portion or sum of the song __________"song title"___________ that is being licensed in this agreement.
This credit should be placed near the song title as follows: __________song writer's name(s)_____________.
Licensee agrees to display this statement on all physical media containing a portion or sum of the song __________"song title"___________ that is being licensed in this agreement. Including but not limited to Film end credits, DVD end credits and Video tape end credits.
THE TERRITORY
The rights granted under this Agreement shall be for the world.
Licensee Initials:__________ Licensor Initials:__________
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"I have read and understand the terms of this Agreement. I will adhere to the terms outlined within this Agreement, and am aware that any breach of this contract will result in the revocation of my non-exclusive rights.
_______________________________________ ____________________
Licensee (Printed Name) Date
_______________________________________ ____________________
Licensee (Signature) Date
I warrant that I have the power to enter into and grant the rights in this Agreement. I authorize the licensee to use the song __________"song title"___________ that is being licensed in this agreement, in the manner outlined in this Agreement.
_______________________________________ ____________________
Licensor (Printed Name) Date
_______________________________________ ____________________
Licensor (Signature) Date