The Music License Agreement is a crucial legal instrument used in Malaysia when a party wishes to obtain rights to use musical works owned by another party. This agreement, governed by Malaysian law including the Copyright Act 1987 and related regulations, provides a comprehensive framework for licensing musical works while protecting the interests of both rights holders and licensees. It is particularly relevant in scenarios involving commercial use of music, broadcasting, public performance, or digital distribution. The document typically includes detailed provisions on permitted uses, territorial scope, payment structures, and compliance requirements specific to the Malaysian entertainment industry. It serves as a vital tool for managing music rights and ensuring proper compensation for rights holders while providing legal certainty for users.
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1. Parties: Identifies and defines the Licensor (rights holder) and Licensee, including full legal names and addresses
2. Background: Sets out the context of the agreement, confirming the Licensor's ownership of the music and the Licensee's desire to use it
3. Definitions: Defines key terms used throughout the agreement, including 'Musical Works', 'Territory', 'Term', 'Royalties', etc.
4. Grant of License: Specifies the exact rights being granted, including type of use, exclusivity/non-exclusivity, and territory
5. Term and Termination: Defines the duration of the agreement and circumstances under which it can be terminated
6. License Fees and Royalties: Details the payment structure, including upfront fees, royalty rates, and payment schedules
7. Reporting and Auditing: Outlines the Licensee's obligations to report usage and the Licensor's rights to audit
8. Representations and Warranties: Contains promises made by both parties regarding rights ownership, authority to contract, etc.
9. Usage Requirements: Specifies how the music must be used, including any crediting requirements
10. Intellectual Property Protection: Addresses copyright notices, protection of rights, and handling of infringement
11. Confidentiality: Governs the treatment of confidential information exchanged under the agreement
12. General Provisions: Standard clauses including governing law, notices, assignment, and entire agreement
1. Sub-Licensing Rights: Include when the Licensee needs the right to grant licenses to third parties
2. Digital Rights Management: Include for digital distribution scenarios to specify technical protection measures
3. Territory-Specific Requirements: Include when the license covers multiple territories with different requirements
4. Minimum Guarantee: Include when there's a minimum payment guarantee regardless of actual usage
5. Marketing and Promotion: Include when specific marketing obligations or restrictions apply
6. Synchronization Rights: Include when music will be used with visual media
7. Mechanical Rights: Include when reproduction rights for physical media are needed
8. Performance Rights: Include when public performance rights are being licensed
1. Schedule A - Licensed Musical Works: Detailed list of all musical works covered by the agreement, including titles, composers, and duration
2. Schedule B - Territory: Detailed description of geographical territories where license applies, including any excluded regions
3. Schedule C - Royalty Rates: Detailed breakdown of royalty rates for different types of usage and territories
4. Schedule D - Reporting Template: Template for usage reporting including required information and format
5. Schedule E - Technical Specifications: Technical requirements for music delivery and usage
6. Appendix 1 - Copyright Registration Certificates: Copies of copyright registration certificates for licensed works
7. Appendix 2 - Prior Third-Party Agreements: List of any existing agreements that might affect the license
Relevant legal definitions
Agreement
Authorized Use
Commencement Date
Confidential Information
Copyright
Digital Platform
Distribution Channel
Effective Date
Gross Revenue
License Fee
Licensed Musical Works
Licensor
Licensee
Marketing Materials
Mechanical Rights
Musical Composition
Net Revenue
Performance Rights
Quarter
Reporting Period
Reproduction Rights
Royalty Rate
Sound Recording
Synchronization Rights
Term
Territory
Third Party
Usage Report
Authorized Use
Commencement Date
Confidential Information
Copyright
Digital Platform
Distribution Channel
Effective Date
Gross Revenue
License Fee
Licensed Musical Works
Licensor
Licensee
Marketing Materials
Mechanical Rights
Musical Composition
Net Revenue
Performance Rights
Quarter
Reporting Period
Reproduction Rights
Royalty Rate
Sound Recording
Synchronization Rights
Term
Territory
Third Party
Usage Report
Clauses
Interpretation
Grant of Rights
License Scope
Territory Restrictions
Term and Duration
Payment Terms
Royalties
Reporting Requirements
Audit Rights
Intellectual Property Rights
Usage Restrictions
Quality Control
Representations and Warranties
Confidentiality
Attribution Requirements
Sub-Licensing
Assignment
Termination
Force Majeure
Indemnification
Dispute Resolution
Governing Law
Notices
Amendment
Severability
Entire Agreement
Third Party Rights
Non-Waiver
Digital Rights Management
Performance Rights
Grant of Rights
License Scope
Territory Restrictions
Term and Duration
Payment Terms
Royalties
Reporting Requirements
Audit Rights
Intellectual Property Rights
Usage Restrictions
Quality Control
Representations and Warranties
Confidentiality
Attribution Requirements
Sub-Licensing
Assignment
Termination
Force Majeure
Indemnification
Dispute Resolution
Governing Law
Notices
Amendment
Severability
Entire Agreement
Third Party Rights
Non-Waiver
Digital Rights Management
Performance Rights
Relevant Industries
Entertainment
Media
Broadcasting
Digital Technology
Hospitality
Retail
Advertising
Film and Television
Gaming
Events and Live Entertainment
Relevant Teams
Legal
Licensing
Business Development
Content Acquisition
Rights Management
Compliance
Creative Services
Operations
Finance
Digital Distribution
Artist Relations
Relevant Roles
Legal Counsel
Music Rights Manager
Licensing Executive
Content Acquisition Manager
Business Development Manager
Copyright Administrator
Entertainment Lawyer
Music Publishing Manager
Digital Rights Manager
Compliance Officer
Contract Administrator
Music Supervisor
Creative Director
Operations Manager
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