Music SYNCH LICENCE Checklist

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When you want  to use/synchronise a composition/musical work in your film/content/production/podcast, you should make sure you obtain the full and proper rights in the underlying musical work – this helps clear chain of title.

When answered and submitted, the following questions are designed to provide us with enough information to draft a Music Synch Licence (where you only need rights in the underlying musical work (and not any sound recordings) for you to obtain (or grant) the necessary rights. Music Synch Licences can seem simple, but there are lots of layers and parameters to be considered in connection with such licences. Submit the checklist below if you’d like us to help you put together a Music Synch Licence. 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 (i.e. the person granting the rights in the music - the "licensor")?
B. What is the name, address and ABN of the party being granted the licence (e.g. the Company or Producer Using the Music - the "licensee")?
C. 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/New Zealand, worldwide 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/are the name(s) of the song/s being licensed?
B. Does the licensor/songwriter need to assist in any way?

4. Usage and Exclusivity

A. Is the licensor restricted from using the song in any way?
B. What is the name of the project/campaign/production/brand in relation to which the music will be used?
C. What is the scope of the project the licence will cover (e.g. film, advertisement, series, podcast, etc)?
D. What restrictions (if any) will be placed on the use of the music (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 songwriter'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 songwriters?

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.)

7. Special Conditions

A. Are there any other elements of the agreement that should be noted?

Your Details

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