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Jo-B Platinum Producer

RamFam Records

Rap beats, Timbaland style, hip hop beats, swizz beats, neptunes, dre beats, dr dre

Exclusive License Agreement

EXCLUSIVE COPYRIGHT LICENSE AGREEMENT

AGREEMENT made and entered into on this herein below date between the undersigned LINCENSOR and the undersigned LICENSEE is as follows:

1.  OWNER OF MUSICAL WORK LINCENSOR warrants that LINCENSOR is the owner, or has the right to grant licenses under Section 1-E of the Copyright Act of 1909, as amended, in connection with a certain musical composition:

Entitled: ______________________

Written by: ____________________

Copyright Office Registration No: ____________________

Price: ______________________

2.  TRANSFER OF LICENSE 
LINCENSOR hereby grants LICENSEE the exclusive right to the music listed in paragraph 1 for use in commercial record sales, public performance, demo purposes & radio plays.

3.  PAYMENT OF ROYALTIES
LICENSEE hereby agrees to pay LINCENSOR, for every record in accordance with current industry practice, which serves to reproduce the said musical composition, a royalty of: $.10 for any product sold including, but not limited to, Records, CD’s, Tapes, Internet Song Downloads, Internet Album Downloads.

4.  RIGHT OF LINCENSOR TO ROYALTY STATEMENTS
LICENSEE agrees to furnish royalty statements to LINCENSOR quarterly within forty-five days after the end of each calendar quarter.  LICENSEE agrees to pay all royalties within twelve (12) months of songs first release for sale.

5.  RIGHT OF LINCENSOR IF PAYMENTS ARE NOT MADE
In the event that LICENSEE fails to make all necessary payment in a timely manner of fails to furnish necessary documentation including Royalty Payment Information, said License shall be revoked immediately and LINCENSOR will be free to exercise its Rights under paragraph ten (10) below.

6.  LICENSOR LABEL RIGHTS.
LICENSEE shall list on all record labels the name of LICENSOR followed by LICENSOR'S performance rights society affiliation (ASCAP), for each song the LICENSOR produces.  LICENSOR to provide and approve LICENSOR logo.

7.  LICENSE GRANTS THE LICENSEE THE FOLLOWING RIGHTS
License grants the LICENSEE the right to use said musical work in commercial record sales, public performance, and demo purposes.  LICENSEE is not granted the right to sell or transfer the license.

8.  DURATION OF LICENSE
The license shall be granted for a term of 2 years (24 Months), after which LICENSEE must repurchase new license or have written permission from LICENSOR in order to exercise the rights defined in paragraph seven (7).  At that time, if the LICENSEE does not purchase a new license and intends on exercising rights in paragraph seven (7), LINCENSOR will be free to exercise its Rights under paragraph ten (10) below.

9.  REPRODUCTION RIGHTS
LINCENSOR does not grant LICENSEE, under any circumstances, the legal right to reproduce, or alter the original musical compositions produced by LICENSOR in any way, unless LINCENSOR gives his written consent.

10.  NON-TRANSFERABLE AND SPECIFICALLY DEFINED RIGHTS.  License grants the LICENSEE, and not other person, or entity the right to use the subject matter musical composition for the EXCLUSIVE Works identified or contemplated herein.  LICENSEE shall have no right of any kind to sell or transfer rights granted under this EXCLUSIVE license as defined above and herein. Further, LICENSOR acknowledges that the narrowly defined and EXCLUSIVE rights of this Agreement, does not impair, prevent, prohibit or in anyway encumber LICENSOR from selling, marketing or using the Musical Composition, the final song, or the Works of LICENSEE for any other purposes LICENSOR deems appropriate or beneficial to LICENSOR’S business. In the event that LICENSOR chooses to use such works in this manner, LICENSOR agrees to pay LICENSEE the following Royalties/Compensation for such use:

 $.10  for any product sold including, but not limited to, Records, CD’s, Tapes, Internet Song Downloads, Internet Album Downloads, Ringtone sales.   50% of any net publishing and licensing revenue received from final song.

11.  PENALTY PROVISION FOR UNAUTHORIZED USE OF MUSICAL COMPOSITION
LICENSEE and LINCENSOR both mutually agree that any unauthorized use of the subject matter Musical Composition by LICENSOR as set forth and defined above in Paragraph 2 or failure to pay Royalties and or provide Royalty Statements as provided in Paragraphs 3 and 4 of this Agreement will result in:

(a) A one time penalty/fine of $1,000.00 paid directly to LICENSOR by LICENSEE within 30 days of said breach; and

(b) Following a breach or violation of this Agreement as set forth in any of the Paragraphs or Provisions above, the Parties hereto specifically agree that LICENSOR will be entitled to an ongoing royalty fee of: 50% of gross revenue for any product sold including, but not limited to, Records, CD’s, Tapes, Internet Song Downloads, Internet Album Downloads. Licensor will be required to account for, and make appropriate royalty payments for the unauthorized product sales as defined in Paragraphs 4 and 5 below in this Agreement.

 
12. INJUNCTIVE RELIEF/EXTRAORDINARY REMEDY
The LICENSEE understands and acknowledges that any disclosure or misappropriation of any of the Confidential Information in violation of this agreement may cause the LINCENSOR irreparable harm, the amount of which may be difficult to immediately ascertain and, therefore, agrees that LINCENSOR shall have the right to apply to a court of competent jurisdiction for an order restraining any such further disclosure, misappropriation, or wrongful and unauthorized use, and for such other relief as the LINCENSOR shall deem appropriate.  Such right of LINCENSOR shall be in addition to remedies otherwise available to the LINCENSOR at law or in equity.

13. BINDING AGREEMENT
This Agreement and the LICENSEE’s obligations hereunder shall be binding on the representatives, assigns and successors of the LICENSEE and shall inure to the benefits of the assigns and successors of LINCENSOR.

 
14.  JURISDICTION/VENUE/FORUM FOR DISPUTE
This Agreement shall be governed by and construed in accordance with the laws of the State of California, and both parties hereto specifically agree that the commencement of any litigation to enforce and or interpret any aspect of this Agreement may only take place in the appropriate court in Orange County California.

15.  ATTORNEY FEES & COST OF LITIGATION
If any action at law or equity or any other proceeding is commenced pursuant to paragraph 11 above, LINCENSOR, as prevailing party, in any amount, in any such litigation or action shall be entitled to reasonable attorney fees and related costs of such action.

16.  COMPLETE & SOLE AGREEMENT
This Agreement constitutes the sole understanding of the parties about the subject matter hereof and may not be amended or otherwise modified except in writing by each of the parties to the Agreement;

17.  INVALID PROVISION
If any provisions of this Agreement shall be deemed invalid or unenforceable for any reason, such invalidity or unenforceability shall solely attach to such provision and shall not in any manner affect or render invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if any such invalid or unenforceable provision were not contained herein.

18.  EXISTING LICENSES
LICENSEE acknowledges and accepts the posible existance of pending non-exclusive license issued prior to the date of sale of this exclusive license that must be honored by LICENSOR according the the non-exclusive aggreement.

19. PROFIT PARTICIPATION IN MUSICAL WORKS
In consideration of and compensation for the efforts of the respective parties as partially set forth in the Paragraphs immediately below, LINCENSEE and LINCENSOR Company agree that all Gross Profits derived from any and all Musical Works originated under this Agreement (from any sources including Licensing of song to movies, commercials, video games, TV Shows, Radio Jingles, Mechanical royalties) shall be split on a percentage basis as follows:

LICENSEE shall receive:                                                  50%
LICENSOR shall receive:                                               50%

20. PERFORMANCE ROYALTIES
LICENSEE and LICENSOR agree that all performance revenues resulting from the final song received from ASCAP, BMI, or SESAC will be split in the following way:

                LICENSEE shall own:   50% of Writers revenue (Author) and 50% Publishing revenue
LICENSOR shall own:   50% Writers revenue (Composer) and 50% Publishing revenue

 

LICENSOR                                                                                            LICENSEE

 

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