The Synchronization And Master Use License Agreement is essential for any business seeking to legally incorporate copyrighted music into audiovisual productions in Indonesia. This agreement is commonly used in film production, television broadcasting, advertising, and digital media creation, where music needs to be synchronized with visual content. It must comply with Indonesian copyright law, particularly Law No. 28 of 2014 and Government Regulation No. 56 of 2021, along with international treaties Indonesia has ratified. The document covers two distinct rights: synchronization rights for the musical composition and master use rights for specific recordings. It includes critical elements such as scope of use, territory definitions, fee structures, payment terms, and various legal protections for all parties involved. This agreement is particularly important in Indonesia's growing media market, where proper music licensing is crucial for both local and international productions.
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1. Parties: Identifies the licensor (rights holder) and licensee, including their legal status and addresses
2. Background: Sets out the context of the agreement, including ownership of the musical works and sound recordings
3. Definitions: Defines key terms used throughout the agreement, including 'Musical Work', 'Sound Recording', 'Synchronization', 'Territory', etc.
4. Grant of Rights: Details the specific rights being licensed, including synchronization rights and master use rights
5. Territory and Term: Specifies the geographic regions where the license applies and its duration
6. Fee and Payment Terms: Outlines the licensing fees, payment schedule, and any royalty arrangements
7. Usage Requirements: Specifies how the musical works and recordings may be used, including any restrictions
8. Credit and Attribution: Details requirements for crediting artists, songwriters, and copyright holders
9. Representations and Warranties: Each party's assurances regarding rights ownership, authority to contract, etc.
10. Indemnification: Mutual obligations to protect against third-party claims
11. Termination: Conditions under which the agreement can be terminated and the consequences
12. Confidentiality: Obligations regarding confidential information shared between parties
13. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including notices, assignment, entire agreement, etc.
1. Digital Platform Rights: Additional provisions for digital/online usage when the synchronization includes streaming or digital platform distribution
2. Advertising Usage: Specific terms for use in advertising campaigns when applicable
3. Third Party Platforms: Terms governing use on specific third-party platforms or services
4. International Usage: Additional provisions for international distribution when territory extends beyond Indonesia
5. Moral Rights: Specific provisions regarding moral rights protection, particularly relevant for Indonesian creators
6. Revenue Share: Details of revenue sharing arrangements if applicable instead of flat fee structure
7. Sub-licensing Rights: Terms governing the licensee's ability to sub-license the music if permitted
1. Schedule 1 - Licensed Works: Detailed list of musical works and recordings covered by the agreement, including composers, performers, and ownership details
2. Schedule 2 - Approved Usage Parameters: Specific details of how the music can be used, including duration, context, and any technical specifications
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, payment schedules, and any royalty calculations
4. Schedule 4 - Technical Delivery Requirements: Specifications for delivery of master recordings and any technical requirements
5. Appendix A - Credit Requirements: Detailed requirements for how credits must appear in various contexts
6. Appendix B - Territory Restrictions: Detailed breakdown of any territory-specific restrictions or requirements
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