Sync License Agreement for Hong Kong

Sync License Agreement Template for Hong Kong

A Synchronization License Agreement under Hong Kong law is a legally binding contract that grants permission to use copyrighted musical works in synchronization with visual media. This document, governed by Hong Kong's Copyright Ordinance and related legislation, establishes the terms and conditions for using music in various audiovisual productions, including films, television shows, advertisements, or video games. It details the scope of rights granted, territory restrictions, duration of use, compensation terms, and compliance requirements specific to Hong Kong's legal framework, while ensuring protection for both the rights holders and licensees.

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What is a Sync License Agreement?

The Sync License Agreement is a crucial document in the entertainment and media industries, particularly when incorporating music into audiovisual productions. This agreement type is essential when any party wishes to legally use copyrighted music in conjunction with visual media in Hong Kong and potentially other territories. The document addresses key aspects including rights granted, usage limitations, fee structures, and territorial restrictions, all while complying with Hong Kong's legal framework, particularly the Copyright Ordinance (Cap. 528) and related regulations. It serves as a comprehensive legal instrument that protects both the rights holders' intellectual property and the licensees' commercial interests, while ensuring proper compensation and attribution for the use of musical works in various media formats.

What sections should be included in a Sync License Agreement?

1. Parties: Identification of the licensor (rights holder) and licensee, including full legal names and addresses

2. Background: Context of the agreement, establishing ownership of the musical work and intended synchronization purpose

3. Definitions: Definitions of key terms used throughout the agreement, including 'Musical Work', 'Audiovisual Production', 'Territory', etc.

4. Grant of Rights: Specific synchronization rights being granted, including scope and limitations

5. Term: Duration of the license agreement

6. Territory: Geographical areas where the synchronization rights may be exercised

7. Fee and Payment Terms: Compensation details, including synchronization fee, payment schedule, and any royalty arrangements

8. Usage Requirements: Specific requirements for how the music can be used, including any restrictions or technical specifications

9. Warranties and Representations: Guarantees from both parties, especially regarding ownership and rights to license

10. Credit and Attribution: Requirements for crediting the musical work and rights holders

11. Termination: Conditions under which the agreement can be terminated and consequences of termination

12. General Provisions: Standard legal clauses including governing law, notices, assignment, and entire agreement

What sections are optional to include in a Sync License Agreement?

1. Multiple Language Versions: Required when the audiovisual content will be produced in multiple languages

2. Digital Platform Rights: Specific provisions for digital/online usage when the content will be distributed on digital platforms

3. Mechanical Rights: Include when the licensee needs rights to make copies of the music

4. Sub-licensing Rights: Required when the licensee needs to grant rights to third parties

5. Moral Rights: Specific provisions regarding moral rights, particularly relevant for jurisdictions where these cannot be waived

6. Marketing and Promotion: Additional rights and restrictions for using the music in promotional materials

7. Exclusivity Provisions: When exclusive rights are being granted for specific uses or territories

8. Music Alterations: Rights and restrictions regarding editing, remixing, or altering the musical work

What schedules should be included in a Sync License Agreement?

1. Schedule 1 - Musical Work Details: Complete details of the musical work including title, composer, publisher, duration, and copyright information

2. Schedule 2 - Audiovisual Production Details: Information about the production where the music will be used, including title, format, and duration

3. Schedule 3 - Fee Structure: Detailed breakdown of fees, payment schedule, and any royalty calculations

4. Schedule 4 - Technical Specifications: Technical requirements for music delivery, format specifications, and quality standards

5. Schedule 5 - Territory Restrictions: Detailed list of included and excluded territories if applicable

6. Schedule 6 - Approved Usage Examples: Specific examples or scenarios of permitted uses of the musical work

7. Appendix A - Music Cue Sheet: Technical document detailing exact placement and duration of music usage in the production

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Entertainment

Media

Advertising

Film & Television

Gaming

Digital Content

Music Publishing

Broadcasting

Social Media

Marketing

Relevant Teams

Legal

Licensing

Content Production

Business Affairs

Creative Services

Rights Management

Media Operations

Compliance

Production

Music Supervision

Relevant Roles

Legal Counsel

Music Supervisor

Content Producer

Media Rights Manager

Licensing Manager

Copyright Administrator

Production Director

Creative Director

Business Affairs Executive

Music Rights Coordinator

Entertainment Lawyer

Broadcasting Manager

Digital Content Manager

Film Producer

Music Publisher

Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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