Instrumental Terms of Use

Beat Licensing Agreement: Terms Of Use

 

This Instrumental has been produced by “Consensus” (Antoine Gittens-Jackson). A/V Revolution Ltd has been authorised by the copyright owner, Consensus, to grant license of this Instrumental thereby making A/V Revolution Ltd the Licensor of the Instrumental. The following serves as a legally binding agreement between A/V Revolution Ltd (“Licensor”) and the purchaser (“Licensee”). This agreement grants the Licensee rights (non-exclusive/exclusive) to the instrumental being purchased “Instrumental“. By making a purchase of any kind, the Licensee declares that he will give credit to the producer Consensus where possible in a written form. Further details of the agreement can be found below:

1. Master Recording (Standard Lease Rights)

The Licensor hereby grants the Licensee the right to record vocal and/or instrumental synchronization to any or all parts of the Instrumental. The Licensee understands that their non-exclusive usage of the Instrumental is limited to one new composition and if the Licensee wishes to use the Instrumental in other new compositions, then the Licensee must obtain another license to use the Instrumental from the Licensor. The Licensee also agrees to refrain from editing the Instrumental that is being licensed in this agreement, by changing the arrangement of the Instrumental or by removing any melodies, instruments, drum programming or sounds that are contained within the original instrumental composition for other compositions. Licensees may edit/alter the length of the instrumental as they see fit, as long as they own a license to the beat and do not change the sound structure of the Instrumental itself.

2. Premium Lease Rights

(if applicable) “Premium Lease” rights are subject to the same registrations in points 1. and 5-13. including the following differences: a premium lease comes as a mixed tag free WAV/MP3, the corresponding separate track lines and a contract/Invoice, stating the rights of use. Instead of an allowed circulation of up to 2500 sales, the premium lease allows up to 5000 sales units. In addition, the customer is allowed to use the Instrumental: a) in airplay of the song for up to three (3) radio station rotations of such a song, b) two (2) video synchronizations of such a song, and c). unlimited earnings for up to one (1) live show, concert, or stage event of such a song.

3. Extended Premium Lease Rights

(if applicable) “Extended Premium Lease” rights are subject to the same registrations in points 1-2. and 5-13. including the following differences: Instead of an allowed circulation of up to 2500 or 5000 sales units, the extended premium lease allows up to 10000 sales units. All other terms concerning extended premium leasing rights are listed in point 2.. These terms stay the same for all types of extended premium leasing.

4. Exclusive Rights

(if applicable) – “ Exclusive Rights” are subject to the same registrations in points 1. and 5-13. including the following differences:  the purchase of exclusive rights grants the customer full artistic and commercial rights to the purchased Instrumental. There is no sales cap related to exclusive rights. An exclusive rights purchase comes as a mixed tag-free WAV/MP3-file, the corresponding separate track-lines (stems) and contact/invoice stating the rights to use. Once an Instrumental has been sold with exclusive rights, it will no longer be available for any kind of leasing/sale. Previous leasing rights being sold before the Instrumental has been sold exclusively are not affected hereby and stay valid until the sales cap has been reached. It is therefore possible that an Instrumental has been leased several times before exclusive rights are sold. The Instrumental will be marked as ‘sold’ and any possible download and licensing option will be removed. Upon request, a sold Instrumental will be removed from any website and marketing space where it has been offered by the Licensor. The Licensor expressively forbids re-sale or other distribution of the producer’s composition, either as they exist or any modifications thereof.

5. Profitable Distribution

Also known as non-exclusive rights, purchasing a lease grants the Licensee limited artistic and legislative rights to the corresponding Instrumental(s) for one single profitable/commercial use on any medium (e.g. album, EP, or mixtape) with a circulation of up to 2500 sales units. If this point of sales is reached and further sales are desired, further rights with a new sales cap also need to be obtained (if the Instrumental has not yet been sold with exclusive rights and is still available). If the Instrumental is no longer available for leasing, no further sales can be made after the sales cap is reached. The Licensee is not allowed to get radio, video, or television airplay or to perform the song on commercial/profitable shows with this license agreement. For these purpose the Licensee must own a “Premium Lease” or  exclusive rights to the Instrumental.

A lease (“Standard Lease”) comes as a mixed Tag Free MP3-file and a contract/invoice, stating the rights of use. An Instrumental can be leased to more than one person at a time until exclusive rights are sold to the Instrumental. Once an Instrumental has been sold with exclusive rights, it will no longer be available for any kind of leasing. Previous leasing rights that have been sold before are not affected and stay valid until the sales  cap  has been reached.

 6. Ownership

Leasing does not make the Licensee the sole owner of the Instrumental. The Licensor expressly forbids re-sale or any other distribution of the producer’s compositions, either as they exist or any modification thereof. The Licensee cannot sell, loan, rent, lease assign, remix, re-arrange, remove any melodies, instruments, drum programming or transfer all or any of the products sold or their corresponding rights to another person (example – record label, another production company, another producer, another artist), or for use in any competitive product. The Licensee understands that the Licensor maintains 100% copyright and ownership of the original Instrumental composition. The Licensee cannot use any Instrumental composition as background element in TV, Film and DVD or Computer Game projects without written consent and a separate license agreement.

7. Credit

This Instrumental has been produced by ‘Consensus’ (Antoine Gittens-Jackson). Credit must always be given to Consensus. By making a purchase of any kind, the Licensee declares that he will give credit to the producer where possible in a written form. The Licensee must include on all productions and products the producers name. The Licensee agrees to display the producer’s name in all physical media or within web presentation or a portion (e.g. pre-listening) or some of the original Instrumental composition that is being licensed in this agreement. Including but not limited to CD’s, CD covers, Cassette tapes, LP’s, Cards etc. (example Credits: beat prod. by “Consensus” or Instrumental produced by  “Consensus” ..Music ©2012 all rights reserved) Any displayed or downloadable Mp3 files must include ‘produced by “Consensus” within the file name.

8. Sample Clearance

If an Instrumental contains sampled material, the sample clearing needs to be done by the Licensee(s) not by the Licensor nor by “Consensus” (Antoine Gittens-Jackson). The Licensee understands that they are responsible for clearing all samples that they choose to use and that neither the Licensor nor Consensus” will be held liable for misuse of any sampled material.

9. Payments

The Licensee agrees to pay the Licensor a non-refundable fee for the non-exclusive use of the Instrumental that is being licensed in this agreement. This payment  is for the purpose of creating a new composition subject to the terms of this agreement. The Licensor accepts payments through PayPal. ALL payments are to be paid or are paid upfront before delivery of the product. E.g. this means at the same time that services or products by the Licensor will only be delivered after receiving payment(s). Purchases within the European Union include taxes of 20% listed separately on the invoice under Tax. All purchases from countries which are not a member of the European Union do not include any taxes and are tax-free.

10. Public performances

Non-Profitable public performances are allowed for any license type. Profitable performances are only allowed with “Premium Lease” or exclusive rights to the instrumental. You may NOT use free download versions for public performances!

11. Delivery

Products are not delivered via an automatic system. A delivery time frame of 48 business hours is possible. All products are delivered via email or a download link by file-sending services such as sendspace.com. No tangible copies will be delivered.

12. General Terms

By making a payment the Licensee declares that he is fully aware of the terms and conditions and accepts and agrees to them. All terms and conditions are listed on the webpage (https://www.avr-music.com/about-us/instrumental-terms-of-use/). In the case of a change in any of the listed points or should one point become invalid, all other points stay unaffected and are still valid.

Under no circumstances is the Licensee allowed to resell the Instrumental in any form. No matter if the exclusive rights are sold to an Instrumental, ‘Consensus’ (Antoine Gittens-Jackson) will always be allowed to use that Instrumental for his own promotional uses. Therefore all Instrumentals sold exclusively stay on the webpage. Download and license options to that Instrumental will be removed and the Instrumental will be marked as ‘sold’. After the delivery of the Instrumental, both the Licensor and “Consensus” (Antoine Gittens-Jackson)  will be unburdened from any further responsibilities to the Licensees and legally freed of any further duties. Any Instrumental by “Consensus” may NOT be uploaded on any website without his permission. Consensus is not responsible for other sites claiming to see his Instrumentals.

13. Governing Law

The terms of this agreement, and your (the Licensee’s) relationship with A/V Revolution Ltd and “Consensus” (Antoine Gittens-Jackson) under these terms, shall be governed by English law. The Licensee and Licensor agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from this agreement. Notwithstanding this, you agree that the Licensor and/or “Consensus” (Antoine Gittens-Jackson) shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Anybody abusing or disrespecting the listed terms and conditions will likely face a lawsuit.