The Commercial Music License is essential for businesses seeking to legally use copyrighted music in commercial settings within Canada. This document is specifically designed to comply with Canadian federal and provincial legislation, particularly the Copyright Act and related regulations. It establishes the legal framework for commercial music usage, including specific rights granted, territorial scope, duration, and compensation terms. The agreement is typically used when businesses need to obtain proper authorization for playing music in commercial establishments, using music in advertising, or incorporating music into digital content. It addresses key aspects such as performance rights, mechanical rights, and synchronization rights as applicable, while ensuring compliance with Canadian copyright law and industry standards.
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1. Parties: Identification of the licensor (rights holder) and licensee, including full legal names and addresses
2. Background: Context of the agreement, confirmation of ownership/right to license the music, and general purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Licensed Music', 'Territory', 'Term', 'Commercial Use', etc.
4. Grant of License: Specific rights being granted, including type of use, restrictions, and exclusivity/non-exclusivity
5. Territory and Term: Geographic scope of the license and duration, including start date and termination conditions
6. License Fees and Payment Terms: Compensation structure, payment schedule, reporting requirements, and audit rights
7. Usage Rights and Restrictions: Detailed specifications of permitted uses and explicit restrictions on usage
8. Credit and Attribution: Requirements for crediting artists, composers, and rights holders
9. Representations and Warranties: Guarantees regarding ownership, right to license, and non-infringement
10. Termination: Conditions for termination, including breach remedies and consequences of termination
11. General Provisions: Standard legal clauses including governing law, notices, assignment, and entire agreement
1. Synchronization Rights: Required when the license includes right to sync music with visual content
2. Digital Rights Management: Include when specific technical protection measures are required
3. Sub-licensing Rights: Include when licensee is permitted to sub-license the music to third parties
4. International Usage: Additional terms for multi-jurisdictional use of the licensed music
5. Modification Rights: Include when licensee is permitted to modify, remix, or adapt the music
6. Revenue Sharing: Include when agreement involves sharing of revenue from music usage
7. Social Media Usage: Specific terms for social media platform usage
8. Dispute Resolution: Alternative dispute resolution procedures, if preferred over court proceedings
1. Schedule A - Licensed Music: Detailed list of licensed music works, including titles, composers, and unique identifiers
2. Schedule B - Approved Usage Examples: Specific examples and guidelines for permitted uses of the licensed music
3. Schedule C - Fee Schedule: Detailed breakdown of licensing fees, including any variable rate structures
4. Schedule D - Technical Specifications: Technical requirements for music delivery, format, and quality specifications
5. Appendix 1 - Reporting Template: Template for usage reporting and royalty calculations
6. Appendix 2 - Attribution Guidelines: Detailed guidelines for proper crediting and attribution in different contexts
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