This agreement is between Melodicloud (“Licensor” or “us”) and you (“Licensee” or “you”). By accepting the terms and conditions contained within this agreement, you enter a binding and legally enforceable contract and agree to the following:
Definitions: In this agreement, the following definitions are used:
- Recording: The sound recording(s) detailed in the Licensed Recording(s) section of this agreement.
- Synchronisation: The permanent time-related inclusion of the Recording within or alongside audio-visual or other media.
- Production: The audio-visual or media project that contains the synchronized Recording including associated episodes, variations, trailers, and releases which share the same title.
- Non-exclusive: The copyright contained within the Recording remains the property of the original copyright owner.
- Non-transferable: The terms contained within this agreement cannot be transferred to any individual, third party or other business except where a Production is created on behalf of a single end client.
Synchronisation Rights: By obtaining a license from us, you are granted a non-exclusive, non-transferable synchronisation license to use the Recording in a single Production for the Term of this license.
Public Performance: This license contains public performance rights for Recordings that are not affiliated with a PRO (“Performing Rights Organisation”).
For PRO affiliated Recordings that are broadcast or publicly performed, you also agree to:
- Verify the broadcaster/public venue has obtained a public performance license from their local PRO.
- Report any relevant broadcast/public performance of the PRO affiliated Recording to the PRO via cue sheet.
You acknowledge that there should be no further license fees associated with your use of PRO registered Recordings as any additional licensing is normally covered by the broadcasters or public venues blanket public performance license.
PRO affiliation details are included in the Licensed Recordings section of this agreement.
Mechanical Rights: This license contains limited rights to reproduce and duplicate a Production containing a Recording. These limits are detailed within the License Option you have selected for a Recording.
License Options: On commencement of this agreement, you agree to pay us a one-time fee for each Recording and to use the Recording within the terms of the License Option selected by you. If the Production or use of the Recording exceeds the limitations of the License Option, you must obtain the correct license to cover this usage.
Online Videos & Podcasts
Productions for general entertainment on websites, social media, video sharing, and podcast platforms e.g. Instagram, Facebook, Twitter, Twitch, TikTok, YouTube, Vimeo
Monetized productions on websites, social media, video sharing, and podcast platforms e.g. Instagram, Facebook, Twitter, Twitch, TikTok, YouTube, Vimeo.
1 million monetized views
Unlimited monetized views
Unlimited monetized views
Productions with a paid media spend advertising brands, products or services on websites, social media, video sharing, and podcast platforms e.g. Instagram, Facebook, Twitter, Twitch, TikTok, YouTube, Vimeo.
Productions with a paid media spend demonstrating products or endorsing brands on websites, social media, video sharing, and podcast platforms e.g. Instagram, Facebook, Twitter, Twitch, TikTok, YouTube, Vimeo.
Client & Commercial Use
Productions created for a client e.g. wedding, funeral and christening videos, community events, school plays, graduation ceremonies, educational courses.
Productions used in-house, on corporate websites and social media or at trade shows and exhibitions. e.g. staff training videos, showreels, and presentations.
On-Hold & In-Store Music Use
Recordings used for on-hold systems or played in public areas of a business premises or e.g. shops, spas, gyms, bars, and restaurants.
5 locations within one organisation
Unlimited locations within one organisation
TV & Radio Programmes
Productions for general entertainment broadcast on terrestrial, cable, or satellite TV and radio networks (including IPTV and IP radio) e.g. TV/radio shows, news, documentaries, films, trailers, and announcements.
TV & Radio Advertising
Productions advertising brands, products, or services broadcast on terrestrial, cable, or satellite TV and radio networks (including IPTV and IP radio).
Film shorts and feature films performed at film festivals.
Film & Theatrical Releases
Films, film trailers and theatrical productions performed to a paying audience in cinemas and theatres.
VOD (Video on Demand) & Streaming Video Services
Film or TV productions available via ad-supported or paid subscription services such as Netflix, Hulu, Disney+, Amazon Video and YouTube Premium.
Commercial video games, software and film/video productions duplicated on to DVD or physical storage media.
Apps, Games & Multimedia
Commercial mobile apps, games, software, film, podcasts, or audiobooks available as digital downloads.
1 Local – A television or radio programme/advertisement made by a producer, television, or radio station for broadcast only within the station’s local or regional transmission area or market within a single country.
2 National – A television or radio programme/advertisement made by a producer, television, or radio station for broadcast only within the station’s nationwide transmission area or market within a single country.
3 Viewers – The total of all viewers charged a fee to watch the production.
4 Copies/Downloads – The total of all physical copies (e.g. DVDs, physical storage media) or digital downloads, paid app/games subscriptions and in-app purchases.
Limitations: In addition to, all other terms contained within this agreement you also agree to the following limitations of use:
- You must not claim ownership through submission of the Recording to any content detection system (e.g. YouTube Content ID).
- You must not sell, sub-license, resell or give away the Recording on its own or as part of a Recording only format (e.g. CD, album).
- You must not create derived works from the Recording and claim it as your own but can edit the Recording to the requirements of the Production by cutting, stretching, and looping.
- You must not use the Recording for website or e-card templates that are sold or given away for free.
Term: The duration of this license agreement is in perpetuity. You will have Synchronisation Rights for the lifetime of the Production.
Territory: The Production can be marketed and distributed worldwide, unless otherwise stated by the terms of the selected License Option.
Credits: Credits are not a requirement of this agreement.
Warranty: Melodicloud makes no warranty or representation, whether express or implied, except that it is the copyright owner, is the agent for or has been given authority by the copyright owner to grant the rights contained within this agreement.
Limitation of Liability: You acknowledge and agree that we will not be liable for any loss or damage arising out of or resulting from our provision of any Recording licensed under this agreement, or any breach of any terms of this agreement by you. Any liability by us shall be limited to the original cost of the license.
Availability: Melodicloud makes no warranty or representation whether express or implied, that any Recording provided by us will always be available and reserve the right to update, modify or suspend licensing of the Recording from our website without notice.
Indemnity: You agree to indemnify, defend, and hold us harmless against any claims (including third party claims), demands, actions, suits, legal expenses, and damages (including indirect or consequential loss) resulting in any way from:
- You or your representatives use of the Recording.
- Any breach of the terms of this license agreement by you or any of your representatives.
You also agree that this clause (11) will survive the termination of this agreement.
Termination: Melodicloud reserves the right to terminate this license agreement immediately if any of the material terms of this License are breached by you or the license fee is reversed or refunded. Upon termination, you agree to cease use of and delete the Recording from any computer, media, or storage device.
Severability: You acknowledge the uncertainty of the law with respect to certain provisions of this agreement and agree that this agreement will be construed in a manner that renders its provisions valid and enforceable to the maximum extent possible under applicable law. To the extent that any provisions of this agreement are determined by a court of competent jurisdiction to be invalid or unenforceable, such provisions will be deleted from this agreement or modified to make them enforceable and the validity and enforceability of the remainder of such provisions and of this agreement will be unaffected.
Governing Law: This agreement is governed by the law of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales.
Last Revised: 01 August 2022