SYNCHRONIZATION AND/OR MASTER USE LICENSE TERMS
In consideration of the sum specified on the invoice page and upon receipt of payment thereof, DMCMUSIC ("Licensor") hereby grants {fullName}/{licensee} ("Licensee") the non-exclusive right, license, privilege, and/or authority to use the musical composition(s) and/or master recording(s) titled {songTitle} ("Audio Track") as specified on the invoice page, all in accordance with the terms, conditions, and limitations set forth hereafter and on the invoice page in connection to {licensee} ("Licensee") usage of the Audio Track on the production titled {production} ("Production").
License Terms and Conditions:
1. License Designation The invoice page designates whether a synchronization license, master use license, and/or both licenses are being granted under this agreement. If a synchronization license is granted, Licensee may synchronize the musical composition in timed relation with the Production. If a master use license is granted, Licensee may use the master recording in the Production. Licensee warrants it will obtain any other necessary rights not granted hereunder.
1.A. Free License Requirement and Limitations If the license type displayed for an Audio Track is marked as "Free," Licensee must still formally obtain the license by completing the checkout process and agreeing to this Agreement’s terms and conditions. Licensee must comply fully with all listed requirements, including but not limited to cue sheet submission and/or credit attribution. "Free" use does not grant unlimited rights; all other restrictions, limitations, and obligations in this Agreement apply equally to Free licenses. If Licensee’s use exceeds the defined use (e.g., the project becomes commercial, exceeds budget thresholds, or is otherwise inconsistent with the original license type), Licensee must promptly notify Licensor and obtain the appropriate commercial license.
2. Territory The license(s) extend worldwide for the Production. For Commercial/Promo Spots for radio or television, the license(s) only cover territories specified under "Clearance Type." If none are specified, rights are limited to the USA.
3. Term The synchronization and master use licenses granted are in perpetuity unless otherwise stated.
4. Modification Restrictions Licensee may not modify the Audio Track except to shorten it using contiguous portions unless expressly authorized for collaboration under the terms below.
4.A. Collaboration Grant of License Licensee is permitted to create a "Collaboration" by substantially modifying the Audio Track by adding new musical, vocal, or production elements, provided that:
-The Collaboration must include substantial new elements.
-The Collaboration must only be used according to the original license type obtained.
-Licensee must credit the original Audio Track as per the crediting obligations.
-Licensee must submit any Collaboration intended for third-party distribution, public performance, synchronization, use in AI generative music systems, or other uses to Licensor for written approval prior to use.
-Lack of objection by Licensor shall not be considered implied permission.
-Licensor may revoke permission for any Collaboration at any time at its sole discretion. Licensor retains all ownership and rights to the original Audio Track and any Collaboration based upon it.
Revenue Share for Commercial Collaborations: If Licensee desires to commercially exploit any Collaboration, a separate commercial license must be obtained from Licensor. In such case, and unless otherwise agreed in writing, Licensor shall retain at minimum fifty-one percent (51%) of any gross income generated by the permitted exploitation of the Collaboration, with the Licensee’s share not exceeding forty-nine percent (49%). Licensor reserves the right to determine the specific revenue share arrangement at its sole discretion, on a case-by-case basis. No commercial use or revenue share shall be permitted without an executed commercial license agreement approved by Licensor.
5. Cue Sheet Requirement Licensee must submit all cue sheets related to the Production to ASCAP within 10 days after completion, and provide a copy to office@domcapuanomusic.com.
6. Use of Licensor's Name Licensor grants the right to use its name and likeness solely in connection with the Production and its promotion.
7. Assignment Restrictions Licensee may not assign or sublicense rights without Licensor's prior written consent, except to a party acquiring substantially all assets or stock.
8. License Continuity Assignments shall not relieve Licensee of obligations. Successors and assigns must agree to be bound by these terms.
9 Warranties and Limitation of Liability Licensor warrants it has the rights to grant the license(s). Licensor's liability is limited to repayment of the license fee or indemnification up to that amount.
10. Notices All notices must be sent to the addresses listed or updated in writing, by courier, registered mail, or email.
11. Effectiveness The license(s) become effective only upon full payment within 10 business days of agreement execution.
12. Entire Agreement This agreement constitutes the entire understanding and can only be modified by a signed writing. It shall be governed by California law.
13. Governing Law and Jurisdiction This Agreement shall be governed by the laws of California, USA. Any disputes shall be resolved exclusively in California courts.
Ownership and Rights:
DMCMUSIC retains all ownership rights to the original Audio Track, all Collaborations, and any master recordings derived from it, including full copyright.
Licensees agree that they shall not reference DMCMUSIC by personal name unless otherwise permitted. Credit must be given to "DMCMUSIC" on all projects using licensed tracks, whether original or collaborative.