TSY Music / TSY Beats
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TSY Music / TSY Beats
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Beat for Lease Agreement

NON-EXCLUSIVE AUDIO BEAT LICENSE AGREEMENT

 

This Audio Beat License Agreement (this “Agreement”) is made effective as of ______________ (the “Effective Date”) by and between Anton Tsygankov (the “Producer”) and __________ (the “Artist”). Both may be referred to herein individually as a “Party” or collectively as the “Parties”.

 

      IT IS AGREED:

 

  1. Producer hereby to the Artists, subject to payment of the fee set forth in this Agreement, a non-exclusive licence to use the chosen musical work titled “______________________” (the “Beat”) to create two (2) new recording (the “Track”). 
  2. The Artist shall have the right to commercially release the Track by any and all means, throughout the world, subject to these terms of this Agreement.
  3. This licence is granted for a period of three (3) years from the Effective Date (the “Term”). Upon the expiry of the Term, the licence will automatically end and the Artist will be required to extend the Term to by paying an additional fee or taking such other steps as required by the Producer.
  4. During the Term, the Artist’s usage of the Beat shall be limited to the following (the “Thresholds”):
      1. ten thousand (10000) for-profit downloads or physical sales of the Track. For the purpose of calculating and the Threshold two hundred (200) streams of the Track via so-called subscription services shall count as one sale, and 
      2. unlimited free internet downloads for non-profit and non-commercial use, and
      3. two hundreds (200) for-profit public performances of the Track with a maximum profit of one thousand ($1,000) US Dollars in compensation or ticket sales using the Track in the performances, and
      4. ten thousands (10000) non-profit public performances of the Track, and
      5. two (2) music videos for the Track.
  5. The Producer maintains the unlimited, worldwide rights to register his beat-compositions with a content-ID program/institution and be the sole administrator of youtube rights using such a content ID program.
  6. The Artist is not required to pay the Producer a royalty or any income from the Track. However, despite this, the Artist agrees that:
  7. the Producer shall have a fifty percent (50%) share of the publishing in the Track and shall receive publishing income directly from the applicable Collection Society.  Producer
      1. The Artist agrees that he/she will register the Producer’s interest, on the Producer’s behalf, at the collection society in the Artist’s home territory to ensure that mechanical and performance royalties are collected throughout the world. Producer’s membership number (00689216600 Anton Tsygankov, IMRO Irish Music Rights Organisation/Collection Society)
      2. The Artist shall use the Producer’s membership number (00689216600 Anton Tsygankov, IMRO Irish Music Rights Organisation/Collection Society) and follow the directions contained in the email that shall be sent to the Artist by the Producer.  [to be drafted separately]
      3. The Producer and the Artist shall each administer their respective shares of the publishing in the Track. Any sync licences for the Track must be pre-approved by the Producer
  1. the Producer shall have the right to receive neighbouring rights income as a performer on the Track directly from the applicable Collection Society.

 

  1. The Artist agrees that he/she will register the Producer’s interest on the Producer’s behalf with the collection society in the Artist’s home territory that that administers neighbouring rights income throughout the world. https://en.wikipedia.org/wiki/List_of_copyright_collection_societies

 

  1. The Artist shall use the Producer’s membership number (00689216600 Anton Tsygankov) and follow the directions contained in the email that shall be sent to the Artist.
  1. The Producer warrants and represents the following:                                                        
    1. that they are the owner of the copyright in the Beat; 
    2. that he/she has the right to enter into this Agreement and to grant all the rights which he granted herein;
    3. subject to the provisions of Para 9 below that the Beat does not infringe the rights of any third party; 
    4. that all necessary consents under law are granted to the Artist;
    5. that he/she waives any and all so called moral rights;
    6. all necessary publishing licences will be made available to the Artist in respect of the Track free of charge for use by the Artist in connection with non-monetised advertising and/or promotion of the Track.
  2. The Artist warrants that and represents the following:
    1. that they have the right to enter this Agreement;
    2. that the Track shall not infringe the rights of any third party;
    3. that they shall comply with all the obligations and limitations set out in this Agreement.               
  3. The Artist agrees to ensure that the Producer is credit on the on the metadata and packaging or promotion of the Track as follows [Produced by “TSY BEATS”]
  4. The Artist agrees to indemnify the Producer, his successors and assigns and hold him/her harmless from all claims, losses and expenses including reasonable legal fees arising out of or resulting from a claimed breach of the Artist’s warranties, representations and obligations in this Agreement. 
  5. If in the description the Beat is stated to contain an uncleared sample then Artist agrees that they will take steps to obtain all clearances of the sample prior to release of the Track. The Artist shall also take steps to clear the publishing sample. The Artist shall indemnify and hold harmless the Producer, his successors and assigns from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees), arising from any claims from third parties concerning the Artist’s  failure to take the required steps.
  6. The Artist acknowledges that the Producer shall retain ownership of the copyright in master and the underlying composition the Beat and shall have the right to grant separate licences thereof to other artists.
  7. The Artist acknowledges that the payment of fee for this licence is non refundable. This Agreement shall be subject to termination at the election of the Producer, by written notice to Artist, where there has been a default in the due observance or performance of any material covenant, condition or Agreement herein by Artist. Upon termination or expiration of this Agreement Artist shall revert all rights to the Producer. Such termination shall render any further exploitation by the Artist as an actionable infringement of copyright.
  8. This rights granted to the Artist are not to be assigned, sold, transferred, delegated or otherwise disposed to any third party.
  9. This Agreement is the sole and entire Agreement between the parties relating to the subject matter hereof.
  10. The validity, operation and performance of this Agreement shall be governed by and interpreted in accordance with the laws of USA.