Freelance question

Thanks AlumoAudio! Yes, it’s not lite question as we already learned, and it takes time to compose the right contract, depending on different situations. Anyway it’s the most unpleasant part of our work

I’ve been licensing music for movie trailers and commercials for years. Here’s some example but quite common language which has been developed through multiple licensing agreements that I’ve made over the years with my lawyer and other companies lawyers.

One thing that’s important, you should not consider it an unpleasant part of your work. Doing things the right way, and promoting how to do things the right way is actually one of our greatest responsibilities as musicians, because there are so many out there who wish to exploit our services.

As always, you need to make sure that the laws comply according to what ever country/state you are in, so do NOT take this document as something that is final. As always, for stuff like this, it’s cheaper (in the long term) to get a lawyer to draft up an agreement that you can use for multiple projects, and that suits you.

With that, here goes. It is not overly complicated, because it doesn’t need to be. This contract is a non-exclusive license that also avoids royalty payments (something that a lot of medium-level independent productions want because they can’t afford the blanket license from BMI , etc…)

This represents a contract between {name of licensee} and {name of author} for the purpose of licensing the following audio tracks and any of their variations or stems submitted by the author.

MUSIC – “My Incredible Music That Everyone Should Buy.wav”

Hereafter referred to as “the track”.

This license will be issued on a non-exclusive basis to the licensee.

This license allows the licensee unlimited and unrestricted use of the track, and its stems (if provided), in the creation of marketing materials for promotion of the feature film “Gareth Conquers Envato” (the Picture) for use worldwide in all media now known or hereinafter devised in perpetuity from the contract signature date.

For the avoidance of doubt the licence provides for the exploitation of internet rights by means of streaming and downloading, re-use of the music in any additional cutdowns, promotional materials, alternate trailers as long as the material is solely related for promotion of the Picture.

The author guarantees that the one off non-exclusive buyout payment by the licensee will preclude any further publishing or performance royalty payout in any worldwide territory by the licensee. The buyout sum presents a single payment with no other monies due within the license period under any circumstances.

Licensor represents and warrants that he owns or controls, and administers 100% of all rights in and to the Masters and Compositions for the Territory, that he owns or controls all other rights necessary to enter into and fully perform this agreement, that he has the full right and authority to enter into this agreement for its 100% interest and to grant

Licensee all of the rights granted herein, and that Licensee’s use of the Master and Compositions will not infringe upon the rights of any third party. Licensor shall indemnify and otherwise hold Licensee harmless from and against any and all claims, liabilities, demands, damages, costs, and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or resulting from any breach or claims of breach of any warranties, representations or agreements made by Licensor hereunder. The parties hereto shall each have the right to assign their respective rights and obligations under this license to any party whatsoever. This agreement is binding upon and shall inure to the benefit of the respective successors, licensees and/or assigns of the parties hereto.

In the event of any breach or alleged breach of any provision of this agreement by Licensee, Licensor’s sole remedy will be an action at law for damages, if any, and in no event will Licensor or any third party be entitled to enjoin or restrain or seek to enjoin or restrain the distribution, exhibition, exploitation, advertising or marketing of the Picture.

This license in no way prevents any other exploitation of the tracks by the author in any other world territory.

I agree to be bound by the terms of the above contract for the aforementioned license period. I am of lawful age and sound mind, and have read and understand this Licensing Agreement.

{Signatures}

So yeah, that’s one small example. But there are so many, and honestly – EVERY PROJECT IS DIFFERENT . So if you are in doubt, consult someone who deals with this professionally. Many agreements are much longer, and some are even shorter, it all depends on the project.