“BASIC LEASE” NON-EXCLUSIVE BEAT LICENSE AGREEMENT”
This Beat License Agreement is made May 1st, 2019 between Reiwa Beats, the licensor hereinafter referred to as the (“Seller”), and you hereinafter referred to as the (“Buyer”).
By this agreement, the Seller in consideration of the full payment of $29 USD grants to the Buyer all the rights set out below in the copyrighted musical composition Beat Title hereinafter referred to as (“the Beat”).
This agreement shall commence on May 1st, 2019 (“Effective Date”)
DISCLAIMER: NON-REFUNDABILITY AND NON-TRANSFERABILITY OF LICENCE
It is hereby agreed by the parties that this license agreement and all audio files are delivered only upon full payment of the consideration as set out above. By purchasing, the Buyer agrees to the terms that any sale pursuant to this agreement is final and non-refundable.
This is however without prejudice to the fact that if the Buyer has a change of mind about any purchase where the Buyer is yet to download the product, the Seller will be obliged to make a refund upon Buyer’s request. The Seller shall also make a refund upon Buyer’s request where Buyer by accident makes a double order of the same instrumentals.
1. SELLER’S WARRANTY
The Seller warrants that the Beat is a composition and master recording, and contains sounds produced by the Seller or sounds over which the Seller have obtained the proper license. The Seller also warrants that the Beat is protected by copyrights.
2. BEAT RIGHTS GRANTED TO BUYER
The right granted by the Seller to the Buyer over the Beat shall for all time be limited, non-exclusive, non-transferable. The Buyer is granted the rights to use the Beat in the creation of one new musical composition and master recording (“New Song.”)
The new song shall be created by the Buyer by mixing the Beat with substantial new elements including vocals, samples, lyrics, instrumental tracks, or other sounds owned by or properly licensed to the Buyer.
3. BEAT RIGHTS RETAINED BY SELLER
Copyright ownership of the Beat shall be retained in the Seller and the Buyer shall not reserve the right to exercise any right of ownership over the Beat which includes but is not limited to loaning, renting, sharing, uploading, or reselling the Beat. The Buyer shall not also reserve the right to re-assign rights to the Beat to any party, either in whole or in part.
Upon the execution of this Agreement, the Seller shall reserve the right to continue to transfer or license any and all rights to the Beat to any other parties for any purpose, exclusively or non-exclusively. Any such subsequent exercise of ownership rights by the seller shall be without prejudice to the existing licensee’s full rights in line with their agreement with the Seller.
4. PERMITTED USES OF THE NEW SONG
The Buyer may perform record, reproduce, distribute, stream, monetize, and sell the New Song worldwide in whatever quantity and for however long, in so far as Buyer complies with the following restrictions:
- Miscellaneous: Buyer reserves the right to distribute a unit not exceeding One thousand (1,000) of the “New Song” mixing hard copies, digital copies, and digital downloads, including all units, provided free and with no profit-making motives.
- Streaming/Distribution: Buyer is NOT PERMITTED to release the “New Song” on Spotify, Pandora, Apple Music, and similar distribution services.
- YouTube and Online site: The Buyer reserves the right to use the “New Song” as an audio track in the production of up to One (1) single audio-video. The Buyer also reserves the right to upload this video to One (1) YouTube channel and other related platforms for up to Two hundred thousand (200,000) plays on total all site, and monetization on YouTube is NOT PERMITTED.
- ContentID and AudioID Fingerprinting program: Right of registering the New Song shall be reserved by only the Seller. It is prohibited under this agreement for the Buyer to register or attempt to register the New Song and/or the Beat with the ‘’YouTube ContentID or AudioID program’’.
- Synchronization: The Buyer is hereby granted by the Seller, limited synchronization rights for One (1) single audio-video streamed online (Youtube, Vimeo, etc.) for up to Two hundred thousand (200,000) plays non-monetized video streams on all total sites. The use of the New Song in film, television, video games, singles, and commercials is licensed separately and such synchronization uses.
- Right to Broadcast: NOT PERMITTED
The right of the Buyer for distribution and streaming of the New Song under this Agreement immediately lapses when distribution or streaming reaches its limits. The parties must renew the license before Buyer can recommence exercising any rights over the song.
In any event where the Buyer continues to distribute or stream the New Song after lapse of the Buyer’s rights to do so under this Agreement pursuant to the paragraph above, total copyright interests in any New Song composition and master recording shall be irrevocably transferred from the Buyer to the Seller from the time the Buyer’s license lapsed.
Where the Beat has not already been exclusively licensed to another party, the Buyer may apply to extend the distribution and streaming limits of the New Song by executing a new agreement with the Seller. The Seller reserves the right to exercise absolute discretion on whether or not to execute a new agreement with the Buyer.
5. COPYRIGHT AND ROYALTIES
Proprietary interest over copyrights in the New Song and the master sound recording shall be shared as follows:
- Composition Copyright (“Songwriter/Publishing”): 80% to the Buyer and 20% to the Seller.
- Master Sound Recording Copyright: 100% exclusively to the Buyer.
If any of the two copyright listed above (Seller’s Royalties) is exploited, the Seller shall in the proportion set out in the paragraph above, receive an income of any kind and from any source.
The Buyer must disclose the Seller’s copyright proprietary interest proportion (“split sheet”) to all material parties, including the Buyer’s record label, aggregator, distributor, and publisher.
The Buyer shall also have a duty to disclose Seller’s copyright proprietary interest proportion where Buyer registers the New Song with any copyright authority worldwide (i.e. United States Copyright Office) or with any Performing Rights Organization worldwide (i.e. ASCAP).
The Buyer shall forward and inform all material parties mentioned above to forward to the Seller, all Seller’s Royalties. The said Seller’s Royalties shall be forwarded to the seller directly and expeditiously.
The Buyer undertakes to fully indemnify the Seller (including Seller’s officers, agents, and employees) in the event of any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, caused by the Buyer’s breach or alleged breach of any term, representation, or warranty of this agreement, including but not limited to the Buyer’s use or alleged use of unlicensed or improperly licensed material in the creation of the New Song and the master sound recording. The Seller in any of the following events shall not be liable to the Buyer.
7. AUDIO SAMPLES
Where the beat is included 3rd-party samples, it shall be the duty of the Buyer to clear the 3rd-party sample.
8. SELLER CREDIT
For the purposes of media releases, the Buyer shall give credit to the Seller as “REIWA BEATS”. The nature of the credit is such that indicates that the Beat produced by Reiwa Beats.
9. DELIVERY OF THE BEAT
Delivery of the Beat shall be done by the Seller in an untagged mp3 file.
This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of Thailand, under which Reiwa Beats is registered.
This Agreement shall be for a term of Two (2) years beginning on the “Effective Date” first mentioned above.
12. ACCEPTANCE OF THIS AGREEMENT
This Agreement constitutes the entire agreement between the parties thereto and by the Seller signing this agreement, it is agreed that the covenants, obligations, and conditions herein contained shall be binding on the parties.
- Digital Signature by Reiwa Beats (“Seller”) Founder & Director of Reiwa Beats.
Unclaim your YouTube video(s):
If you received a third-party copyright claim by REIWA BEATS in your video production(s). Please submit an unclaim request here: https://reiwabeats.website/#Contact or contact us via email.