MusikPitch

NON-EXCLUSIVE LICENSE

Non-Exclusive License between Musician and Customer. If the Customer has chosen to use the Non-Exclusive License, once the Customer selects the winning Music, the Customer and Musician shall be deemed to have entered into the terms of this Non-Exclusive License between Musician and the Customer. The Non-Exclusive License relates to the transfer of the right to use the Music created by the Musician for the Customer. In consideration of the mutual promises contained herein, and for other good and valuable consideration, the parties hereby agree as follows:

a.Upon selecting the winning Music, as the holder of the copyright, Musician will automatically grant to the Customer this Non-Exclusive License to use the Music. 

b.Musician’s Rights. All rights not expressly granted to Customer in this section are retained by Musician, specifically including the right to grant additional non-exclusive licenses to the Music.  MusikPitch does not claim any ownership rights to the winning Music, the Musician continues to retain all ownership rights, copyrights and Intellectual Property Rights to the Music and continues to have the right to use the Music, subject to this Non-Exclusive License.

c.Grant of Rights. Musician hereby grants this Non-Exclusive License to Customer and assigns the right to manufacture, sell, distribute, advertise, promote, market and exploit, and the right to use the winning Music from the Contest in any and all formats and configurations and by any and all methods now known or hereafter developed.

d.Representations and Warranties of Musician. The Musician has represented and warranted to Customer:

i.That the Music is Musicians sole, exclusive original work, or;

ii.That if multiples persons or parties wrote or composed the work, then all persons or parties have been listed as a composer on musikpitch.com and all parties have agreed to the MusikPitch User Agreement;

iii.That neither the Music nor any part thereof infringes upon the title, literary or musical property or copyright of any other work nor the statutory, common law or other rights (including rights of privacy) of any person, firm, corporation, or other entity;

iv.That Musician is the sole writer and composer and the sole owner of the Music and of all the rights, title and interest therein, except to the extent of the interest of any co-Musicians as set forth herein;

v.That Musician has not sold, assigned, transferred, hypothecated, mortgaged, or otherwise encumbered in any way any right, title or interest that would affect this Non-Exclusive License or any of the rights conveyed hereby;

vi.That Musician has not made or entered into any contract with any other person, firm, corporation or other entity restricting the ability to enter into this Non-Exclusive License;

vii.That no person, firm, corporation or other entity other than Musician has exclusive use or has claimed any exclusive right, title or interest in or to the Music or any part thereof, any use thereof or any copyright therein; and

viii.That Musician has full right, power and authority to enter into the Non-Exclusive License and to make this present instrument of sale and transfer.

e.Payments to Musician - Royalties.   

i.If the Music Contest is for private, non-commercial use, and the Music remains as such, then the Music shall be royalty free andMusician retains no right to any further funds or monies;

ii.If the Music Contest is for commercial use or the Music becomes a commercial piece or enters the stream of commerce (such as phonorecords, digital downloads, or via future technologies) the Music is subject to performance royalties and mechanical royalties;

(1)Mechanical royalties will be paid at the standard Mechanical Rate if the Customer decides in the future to release the song for sale via phonorecords, digital downloads, or via future technologies deemed to be required to pay mechanical royalties; 

(2)Performance royalties will be paid for commercial use by the broadcaster.  Anybody who broadcasts the Music, or plays it in public (for example, at a trade show, or in a sports arena), needs to obtain a license from their country's royalty collection society;

(3)As the Customer, if you commercially publish the Music, you will need to appropriately submit a cue sheet;

a.When you send your production to a broadcasting company, always make sure a copy of the cue-sheet is included along with the film.

b.Send a copy of the cue-sheet to Musician.

f.Assignment.  Customer shall not have the right to transfer or assign this Non-Exclusive License, or any rights or interests herein, or any sums that may be or become due hereunder, without the prior written consent of Musician. No purported assignment or transfer in violation of this restriction shall be valid to pass any interest to the assignee or transferee.