Music & Master Synch Agreement Checklist

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When allowing someone to use your music and recordings/masters, you need a Music and Master Synch Agreement to set out the terms on which you are granting the licence.

Synch licences can seem simple, but there are lots of layers and parameters to be considered in connection with such licences. The following questions are designed to provide us with enough information to draft a Music & Master Synch Agreement i.e. a licence agreement in which you grant someone the rights to use both musical works and sound recordings in an audio-visual production. If the owner/controller of the musical work is different to the owner/controller of the sound recording/masters, then you will need two separate agreements - a 'Master Synch Licence' and a 'Music Synch Licence'.

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Submit your answers to the checklist questions below if you’d like us to draft a Music and Master Synch Agreement to fit your needs. If you can’t answer certain questions, you’ll probably need legal advice, so just put ‘I don’t know’ or get in touch!

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1. Parties to the Contract

A. What is the name, address and ABN of the owner/controller of the musical work and sound recording (i.e. the person granting the rights in the music)?
B. What is the name, address and ABN of the party being granted the licence (e.g. the Company or Producer)?
C. What is the name of the band/performing artist on the Masters?
D. What are the names of each of the songwriters of the musical works (and lyrics) and what are the songwriting splits (i.e. list the writer's registered with APRA and the percentage of the song such songwriter owns)?

2. Term and Territory

A. For how long can the licensee use the music (i.e. what is the 'Term' of the licence)?
B. Will there be an option for the licensee to extend the Term? If so, what are the details? (If the Term is 'perpetual/forever', insert "N/A".)
C. What is the licence territory (e.g. Australia, the world, etc)?
D. Will there be an option to expand the territory? (If the Territory is worldwide, insert "N/A".)

3. Delivery Details

A. What is the song/sound recording(s) title(s)?
B. What needs to be delivered by the licensor (e.g. digital master or stems, lyric sheet and/or something else)?
C. How will delivery take place? (If it hasn't been decided, insert "to be agreed".)
D. When will delivery take place (e.g. on a specific date or "within X days of payment")?

4. Usage and Exclusivity

A. Is the licence exclusive or non-exclusive (e.g. will there be any restrictions on granting rights to the music to others)?
B. What is the name of the project/campaign/production/brand in relation to which the music and masters will be used?
C. What is the scope of the project the licence will cover (e.g. film, advertisement, series, etc)?
D. What restrictions will be placed on the use of the music and/or sound recording (e.g. edits to be approved, no use as theme music etc)?
E. What approval requirements (if any) will be put in place (e.g. out-of-context use, edits, final approval of TVC)?

5. Credit and Promotion

A. What credit(s) (if any) will be given (e.g. writers, publishers, labels, artists, etc)?
B. Can the licensee use the artist's and/or writer's names in connection with the use of the music?
C. Can the licensor use the licensee's name, brand and materials to promote the artist and/or writers?

6. Fees

A. What is the licence fee?
B. When will the fee be paid?
C. What are the option fees, if any? (Please provide full details of the options and the fees which align with the relevant options.)

Your Details

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