In connection with your exercise of the right and license granted herein, you shall have the right to make a musical arrangement of the Composition(s) (“the "Composition(s)") to the extent necessary to conform the Compositions to the style or manner of interpretation of the performance and/or publication involved, provided however, that any such arrangement shall not change the basic melody or the fundamental character of the Composition(s). You hereby transfer and assign to Publisher(s) all rights, title, and interest in and to any such arrangement.
BMG Rights Management (US), LLC hereby warrants and represents that it is the authorized agent for the BMG Rights Management (US), LLC Clients identified and their respective Composition(s), and possesses full right and authority to grant the rights and license herein described for the percentage of each Composition owned or controlled by said BMG Rights Management (US), LLC Client(s). Licensee warrants and represents that it is the rightful owner or lawful assignee of the owner of the master recordings, if any, to be made and distributed pursuant to this license.
In the event that you fail to pay royalties to BMG Rights Management (US), LLC on all copies manufactured and fail to remedy such default within thirty (30) days after written notice given to you by certified or registered mail, this agreement and all rights herein granted shall automatically terminate and such termination shall render either the making or distribution of copies of the product(s) for which the royalty has not been paid actionable as acts of infringement under the United States Copyright Law.
This license is limited to the rights expressly granted herein and does not authorize any use of the aforesaid musical Composition(s) not expressly set forth herein. By way of illustration, but not limitation, this license does not include the right to change, arrange or adapt the lyrics or music, or alter the fundamental character of said musical Composition(s) or to use the title thereof as the title or sub-title of the product(s).
You agree to identify the Composition(s) on your project as detailed in this license.
BMG Rights Management (US), LLC shall have the right to inspect and audit your books and records relating to transactions involving the rights granted herein upon reasonable notice.
All rights not herein specifically granted are reserved by BMG Rights Management (US), LLC. All rights granted here in are on a non-exclusive basis.
The Territory covered by this license is the United States only.
If we license less than 100% of a composition to you, it means that there are other owners of the composition that BMG Rights Management (US), LLC does not represent. It is your responsibility to secure permission from these publishers directly.
The term of this license shall be a one-time manufacture and eventual distribution of the number of units stated herein. Upon the expiration of this license, all rights herein granted shall cease and terminate, and the right to make or authorize any further use or distribution of the product(s) made hereunder shall cease and terminate.
This agreement shall be binding upon the heirs, legal representatives, successors, and assigns of each of the parties hereto. The rights granted herein may not be transferred or assigned by you to any other party without written permission from BMG Rights Management (US), LLC .
This license constitutes our entire agreement and cannot be modified except by written instrument signed by both parties. This license shall be construed and interpreted by the laws of the state of New York applicable to agreements wholly to be performed therein.
Mechanical License Provisions:
When you authorize BMG Rights Management (US), LLC to bill your credit card for the non-refundable Total Amount Due herein, this will constitute an agreement with respect to a grant by BMG Rights Management (US), LLC to you of a non-exclusive license for the manufacture and distribution of phonorecords (including compact disc, cassette configurations and any other audio device intended for home use) embodying a single performance of the following musical Composition(s).
You are hereby granted the non-exclusive right and license during the term of the United States Copyright in the Composition(s) to make and distribute the following phonorecords embodying a single performance of the Composition(s):
As used in this agreement, all terms and phrases, including the word "phonorecord" and the phrase "made and distributed" shall have the meaning ascribed thereto in the United States Copyright Law and the regulations properly adopted in connection therewith, unless otherwise specified or defined herein.
For phonorecords manufactured and distributed in the United States the royalty rate payable is the statutory mechanical rate.
If applicable, you are hereby granted a nonexclusive license for the manufacture and distribution of digital phonorecord deliveries (“DPDs”), as defined in Section 115 of the Copyright Act, of the following musical composition(s) (the "Composition{s}"). You hereby agree to comply with all applicable provisions of the Copyright Laws of the United States (17 U.S.C. Section 101 et. seq.), unless otherwise modified herein. You will identify the Composition as shown herein on all DPDs distributed hereunder in any graphics and imagery displayed in connection with playback of such DPDs. This agreement covers and is limited to the particular phonorecord identified/licensed herein as performed by the artist identified herein, and this license does not supersede nor in any way affect any prior agreements now in effect respecting phonorecords of the Composition(s) licensed herein. This license is limited to the manufacture and distribution of DPDs, and the making of a copy of a sound recording of the Composition(s) on a computer file server located in the United States, its territories or possessions, solely for the purpose of distributing such DPDs. The authority hereunder does not extend to DPDs where the reproduction and distribution of a phonorecord or the Composition is incidental to the transmission which constitutes the DPD.
