Master Use License Agreement

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This Master Use License is between a record company and a production company/licensee to use a master recording in the soundtrack of a motion picture. This license sets out the agreement between the parties and it is important the license be in writing. This form is available for immediate download.

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This Master Use License is between a record company and a production company/licensee for use of a master recording in the soundtrack of a motion picture. This agreement effectively sets forth the specific license arrangement between the parties. Important provisions within the agreement include the name of the recording, payment for the license and screen credit for the recording, the artist and record company. It is crucial that this license agreement be memorialized in writing. A written Master Use License will prove invaluable in the event of disagreements or misunderstandings between the parties.

This Master Use License Agreement contains the following provisions:
  • Parties: The names of the record company and production company/licensee;
  • Name of Recording: The title of the recording to be included on the soundtrack;
  • Ownership: Sets forth that record company owns the rights to the recording but gives production company license to re-record, reproduce and perform excerpts from the recording for soundtrack;
  • Payment and Screen Credit: Upon payment to record company, production company will give screen credit for the recording itself, the artist and the record company;
  • Warranties: Record company warrants that it has the right to grant the license;
  • Signatures: Both record company and production company/licensor must sign the agreement.

Protect your rights and your property by using our professionally prepared up-to-date forms.

This attorney-prepared packet contains:
  1. General Information
  2. Master Use License
State Law Compliance: This form complies with the laws of all states
Number of Pages5
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28057
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
Master Use License
 
(Production Company/Licensees name and address)
REFERENCE: ______________(Name of Recording)
Gentlemen:
The following terms and conditions shall confirm our mutual understanding and agreement regarding your use of the specified portion of our master recording (“Recording”), listed on Schedule “A” attached hereto, embodying the performances of the artist (“Artist”), in the soundtrack of your motion picture presently entitled _________________(the “Photoplay”).
1. Only in respect of the rights ___________(Record Company) owns or controls, and subject to the provisions hereof, ___________ (Record Company) hereby grants to you a non-exclusive license to re-record, reproduce and perform excerpts from the Recording, as visual and vocal use, in the soundtrack of and in timed relation with the Photoplay for the sole purpose of exhibiting the and exploiting Photoplay in motion picture theaters, on aircraft and ships at sea, and by means of telecasting, including without limitation, pay television, cable television and hotel-motel exhibitions. _________Record Company) also grants you a non-exclusive license to use the Recording, in the content of the entire Photoplay only, in videocassettes and video discs of the Photoplay sold for home use. You shall have the right to reproduce or perform any part of the Recording in air, screen and television trailers of the motion picture provided that the Recording is used only in the same context as the Recording appears in the motion picture.
2. In consideration of ________(Record Company)s execution of this agreement and grant of such license:
 (a) You shall pay ________(Record Company) the non-returnable sum of __________upon the execution hereof.
 (b) You shall accord _________(Record Company) screen credit, substantially as set forth below, with respect to the Recording on the negative and all positive prints of the Photoplay, including all video cassettes and video discs.
“(Recording)
Performed by (Artist)
Courtesy of ________(Record Company)
You will require compliance with the foregoing screen credit requirements in all agreements for the distribution, exhibition, or other exploitation of the Photoplay. A designated representative of  __________(Record Company) shall be afforded a screening of the Photoplay to assure that proper screen credit has been accorded to ________(Record Company).
(c) Within thirty (30) days after the date of the first exhibition of the Photoplay at which admission is charged (except so-called “sneak previews”) or first exhibition of the Photoplay by television, whichever is earlier, you shall furnish ________(Record Company) with a complete and accurate music cue sheet for the Photoplay.
3. You warrant, represent and agree that you will obtain in writing all requisite consents and permissions of labor organizations, the copyright owners, and the Artist (if applicable) whose performances are embodied in the Recording and that you will pay all re-use payments, fees, royalties and other sums required to be paid for such consents and permission, under applicable collective bargaining agreements, or otherwise in connection with your use of the Recording. If ___________(Record Comnpany) so requires, you will obtain from said persons and deliver to  ___________  ___________ (Record Company) any document that  ___________ (Record Company) requires to confirm that they will not look to  ___________ (Record Company) for any payment in connection with the use of the Recording of the Photoplay. You will not be entitled to exercise the license granted to you herein until you have fully complied with the foregoing provisions of this clause. You will indemnify and hold us harmless from any and all claims, liabilities, losses, damages and expenses, including but not limited to attorneys fees and legal expenses, arising from any breach of your warranties, representations or covenants under this agreement, or in any way resulting from or connected with your use of the Recording.
4. ________(Record Company) warrants only that  ___________ (Record Company) has the right to grant the license specified in clause 1 hereof. ___________ (Record Company) will indemnify and hold you harmless against any and all claims, liabilities, losses, damages or expenses actually incurred by you by reason of  ___________ (Record Company)s breach of said warranty, but  ___________ (Record Company)s aggregate liability to you shall be limited to the amount of the consideration actually paid by you to ________(Record Company) hereunder. You accept said license without any other warranty or representation by ________(Record Company) or recourse against.
5. ___________ (Record Company) reserves exclusively to itself and its successors, licensees, and assigns all rights and uses in and to the Recording, whether now or hereafter known or in existence, except the limited use expressly licensed hereunder. By way of illustration and not of limitation, the following rights are specifically reserved to  ___________ (Record Company) for its own use, and may not be exercised by you:
(a) All rights of reproduction or use of the Recording on phonograph records, tapes and any other types of sound reproduction, in all media, whether now or hereafter known or in existence. Without limiting the generality of the foregoing, you shall not have the right to include or authorize the use of the Recording or any portion thereof in any phonograph record of the sound track of the Photoplay or any devices manufactured and sold primarily for home use or private viewing, other than the video cassettes and video discs referred to in clause 1 above.
 (b) The right to use the Recording in other motion pictures or other television programs including uses similar to that authorized thereunder.
(c) The right to alter the Recording in any way.
6. The license granted herein shall be of no force or effect and until you shall pay the consideration specified in subclause 2(a) hereof, comply with the screen credit requirements of subclause 2(b) hereof, and obtain the consents and permissions and make the payments required under clause 3. Said license shall terminate forthwith upon notice to you in the event of any material breach of your obligations hereunder, including without limitation, your obligation to furnish a cue sheet. Your failure to furnish a cue sheet shall not be deemed a material breach of this agreement unless you have failed to deliver same within 30 days following your receipt of written notice by  ___________ (Record Company) that such cue sheet has not been delivered. Any such termination shall be without prejudice to any other remedies ________(Record Company) may have against you. Notwithstanding any such termination, (Record Company) shall have the right to retain as its property all sums paid by you to ________(Record Company) hereunder, free of any claim by you.
7. The license herein granted may not be transferred or assigned by you, in whole or in part, without ________(Record Company)s prior written consent , except to a subsidiary or affiliate controlled by you, sub-distributor, licensee or to a person, firm or corporation acquiring all or substantially all of your stock and/or assets by way of merger, consolidation, sale or reorganization but such assignment shall not relieve you of your obligations hereunder.
8. This agreement sets forth the entire agreement between you and ________(Record Company) with respect to the subject matter hereof, and no modification, amendment, waiver, termination or discharge of this agreement or any provisions hereof shall be binding upon us unless confirmed by a written instrument signed by an officer of ________(Record Company). No waiver of any provision of or default under this agreement, shall affect  ___________ (Production Companys) rights thereafter to enforce such provision or to exercise any right or remedy in the event of any other default, whether or not similar.
9. If you shall license any other master recording at a license fee and/or upon terms more favorable to the licensor than we have been granted herein, then we shall also have the benefit of such more favorable terms.
10. The validity, construction and effect of this agreement, and any and all modifications thereof, shall be governed by the laws of the State of ______________ applicable to contracts entered into and performed entirely with the State of _______________.
 
NEXT PAGE IS SIGNATURE PAGE
AGREED AND ACCEPTED:
THE RECORD COMPANY
 
By: _________________
_________________An Authorized Signatory
 
LICENSOR
By: _________________
_________________An Authorized Signatory
 

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Chatsworth,

CA

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