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Sampling License
"I need a Sampling License Agreement under Austrian law for worldwide commercial use of a 30-second sample from a classical recording, with rights beginning January 2025, including streaming and broadcast rights, and permission to create multiple derivative works."
1. Parties: Identification of the Licensor (rights holder of the original work) and Licensee (party seeking to use the sample)
2. Background: Context of the agreement, identification of the original work, and general purpose of the sampling license
3. Definitions: Key terms including 'Original Work', 'Sample', 'Derivative Work', 'Commercial Use', 'Territory', and other relevant terminology
4. Grant of Rights: Specific rights granted to sample and use the Original Work, including any limitations on usage
5. Scope of License: Detailed parameters of permitted sampling, including duration, portion of work that may be sampled, and any technical specifications
6. Attribution and Credit: Requirements for crediting the original work and artist, reflecting Austrian moral rights requirements
7. Payment Terms: Financial terms including any upfront payments, royalties, and payment schedules
8. Term and Termination: Duration of the license and circumstances under which it may be terminated
9. Representations and Warranties: Guarantees regarding ownership and right to license the original work
10. Indemnification: Provisions for liability and responsibility in case of third-party claims
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. Territory Restrictions: Used when the license is limited to specific geographic regions
2. Sub-licensing Rights: Include when the Licensee is permitted to sub-license the sampled work to third parties
3. Approval Process: Include when the Licensor requires approval of the final use of the sample
4. Promotional Rights: Used when specific terms are needed for promotional use of the sampled work
5. Moral Rights Waiver: Specific provisions regarding waiver of certain moral rights (to the extent permitted under Austrian law)
6. Collective Management: Include when the work is registered with collecting societies
7. Exclusivity Provisions: Used when the sampling rights are granted on an exclusive basis
8. Technical Requirements: Include when specific technical parameters must be followed in creating/using the sample
1. Schedule A - Original Work Details: Detailed description of the original work including title, duration, copyright registration details
2. Schedule B - Sample Specifications: Technical details of the permitted sample including duration, portion of work, format
3. Schedule C - Payment Schedule: Detailed breakdown of payments, royalty calculations, and payment terms
4. Schedule D - Territory List: If applicable, list of territories where the license applies
5. Schedule E - Credit Requirements: Specific requirements for how the original work and artist must be credited
6. Appendix 1 - Approved Usage Examples: Examples of permitted uses of the sample
7. Appendix 2 - Technical Standards: Technical requirements for sampling and usage
Authors
Original Work
Sample
Derivative Work
Licensed Rights
Territory
Term
Commercial Use
Non-Commercial Use
Master Recording
Composition
Moral Rights
Neighboring Rights
Royalties
Permitted Use
Sampling Rate
Digital Format
Attribution Requirements
Clearance
Distribution Channels
Revenue Share
Exploitation Rights
Publishing Rights
Mechanical Rights
Synchronization Rights
Performance Rights
Digital Rights
Recording Format
Creative Control
Quality Standards
Release
Project
Sub-License
Collective Management Organization
Exclusive Rights
Non-Exclusive Rights
Intellectual Property Rights
Copyright
Payment Terms
Effective Date
License Scope
Territory
Term and Duration
Payment and Royalties
Technical Specifications
Attribution Requirements
Moral Rights
Approval Process
Quality Control
Warranties and Representations
Indemnification
Confidentiality
Distribution Rights
Sub-licensing
Termination
Force Majeure
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Amendment
Severability
Usage Restrictions
Credit Requirements
Clearance Rights
Exploitation Rights
Recording Requirements
Release Conditions
Commercialization Rights
Promotional Use
Intellectual Property Protection
Audit Rights
Reporting Requirements
Music Industry
Entertainment
Media Production
Advertising
Gaming
Digital Content Creation
Broadcasting
Film Production
Performing Arts
Legal
Music Production
Rights Management
Creative Services
Business Affairs
Digital Content
Artist Relations
Copyright Administration
Licensing Operations
Publishing
Music Producer
Legal Counsel
Copyright Administrator
Content Licensing Manager
Music Supervisor
Artist Manager
A&R Representative
Publishing Rights Manager
Digital Rights Manager
Creative Director
Sample Clearance Specialist
Recording Artist
Music Library Manager
Intellectual Property Attorney
Licensing Coordinator
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