Sync Licensing Contract for New Zealand

Sync Licensing Contract Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that grants permission to synchronize specific musical works with audiovisual content. This contract establishes the terms and conditions for using copyrighted music in various media productions, including films, television shows, advertisements, video games, or digital content. It addresses crucial elements such as usage rights, territory restrictions, payment terms, and credit requirements while ensuring compliance with New Zealand copyright and commercial law frameworks. The agreement protects both the rights holders' intellectual property and the content producers' needs for legal certainty in their productions.

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What is a Sync Licensing Contract?

The Sync Licensing Contract is a fundamental document in the modern media and entertainment industry, particularly crucial in New Zealand's legal framework where copyright protection is governed by the Copyright Act 1994. This agreement is essential when any party wishes to legally incorporate copyrighted music into audiovisual productions, whether for film, television, advertising, gaming, or digital media. The contract type specifically addresses synchronization rights, which differ from other music licensing forms like mechanical or performance rights. It includes detailed provisions for usage scope, territorial limitations, fee structures, and compliance requirements under New Zealand law. The document is particularly relevant in today's digital age where content creation and distribution occur across multiple platforms and territories, requiring careful consideration of rights management and commercial terms.

What sections should be included in a Sync Licensing Contract?

1. Parties: Identification of the licensor (rights holder) and licensee (party seeking synchronization rights)

2. Background: Context of the agreement, identification of the musical work and intended audiovisual content

3. Definitions: Key terms used throughout the agreement including 'Musical Work', 'Synchronization', 'Territory', 'Term', etc.

4. Grant of Rights: Specific synchronization rights being licensed, including any territory or media restrictions

5. Term and Territory: Duration of the license and geographical areas where the rights can be exercised

6. Payment Terms: License fees, payment schedule, and any ongoing royalties or additional use fees

7. Usage Restrictions: Limitations on how the music can be used, modified, or edited

8. Credit Requirements: How the musical work and rights holders should be credited in the production

9. Warranties and Representations: Assurances from both parties regarding rights ownership and authority to enter agreement

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

11. General Provisions: Standard legal clauses including governing law, notices, and amendment procedures

What sections are optional to include in a Sync Licensing Contract?

1. Third Party Rights: Required when there are multiple rights holders or need to address sampling clearances

2. International Usage: Needed when the license extends beyond New Zealand, addressing international rights and regulations

3. Digital Platform Rights: Specific terms for digital/streaming platform usage, required for digital-first content

4. Exclusivity Provisions: Used when granting exclusive rights for specific uses or territories

5. Music Editing Rights: Detailed terms for permitting alterations to the musical work, if allowed

6. Additional Language Versions: Required when the production will be dubbed or subtitled in other languages

7. Revenue Share: Used when agreement includes profit participation rather than just flat fees

What schedules should be included in a Sync Licensing Contract?

1. Schedule 1: Musical Work Details: Complete details of the musical work including writers, publishers, and recording information

2. Schedule 2: Fee Structure: Detailed breakdown of all fees, including any territory-specific rates or additional use fees

3. Schedule 3: Approved Usage Specifications: Detailed description of how the music will be used in the production

4. Schedule 4: Credit Requirements: Specific format and placement of credits for different media types

5. Schedule 5: Territory Restrictions: Detailed list of included/excluded territories and any territory-specific requirements

6. Appendix A: Chain of Title: Documentation proving ownership and right to license the musical work

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

New Zealand

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Media & Entertainment

Music Industry

Film & Television

Advertising

Gaming

Digital Media

Broadcasting

Social Media

Online Content Creation

Interactive Entertainment

Relevant Teams

Legal

Rights Management

Content Production

Business Affairs

Creative Services

Music Supervision

Licensing Operations

Copyright Administration

Media Production

Publishing

Relevant Roles

Music Licensing Manager

Rights Management Specialist

Legal Counsel

Content Producer

Music Supervisor

Business Affairs Director

Copyright Administrator

Production Manager

Creative Director

Licensing Coordinator

Media Rights Manager

Entertainment Lawyer

Publishing Manager

Film Producer

Game Producer

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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