LICENSING
Licensor = EAR MONSTER
Licensee = Client
Non-exclusive rights = The track is leased to the client and not owned.
Exclusive rights = The track is sold to only one client to use in all projects.
LEASING (NON-EXCLUSIVE) LICENSE
Leasing rights lets the purchaser use the beat for one profitable project that sells under 10,000 copies. Leasing rights can be re-sold to more than one client.
If the beat is part of a project that is part of a release that is expected to sell, or sells, more than 10,000 copies, the Licensee must contact EAR MONSTER in order to work out an agreement in which EAR MONSTER and/or EAR MONSTER affiliated producers receive a percentage of sales. The work will then be registered through BMI based on the agreement reached between the Licensor and Licensee.
The musical production is now and remains the property of EAR MONSTER and is leased to the user only for use as part of recorded performances, web projects, CD-Rom project, film, and personal projects.
This lease expressly forbids resale or other sale or distribution in any form (CD, web, tape, or file). You cannot sell or give the production away. Any usage not specifically allowed by this lease, including but not limited to any usage by an unlicensed individual or organization, will be prosecuted to the maximum possible extent under law.
EXCLUSIVE LICENSE
Exclusive rights let the purchaser use the beat for any and all profitable projects. These rights can only be sold to one person. Once the beat is bought exclusively it is removed from the page/website and cannot be sold again.
If the beat is part of a project that is part of a release that is expected to sell, or sells, more than 10,000 copies, the Licensee must contact EAR MONSTER in order to work out an agreement in which EAR MONSTER and/or EAR MONSTER affiliated producers receive a percentage of sales. The work will then be registered through BMI based on the agreement reached between the Licensor and Licensee.
FURTHER DETAILS APPLIED TO BOTH THE LEASING (NON-EXCLUSIVE) AND EXCLUSIVE LICENSES
1. Music Ownership: The non-exclusive tracks & compositions sold by Licensor remain the exclusive property of Licensor and/or EAR MONSTER affiliated producers. It is understood by the Licensor that the tracks provided under a non-exclusive may be licensed to any number of additional Licensees.
2. Failing to License: If you fail to obtain this legal license from EAR MONSTER legal action will be taken against you.
3. Credits: Licensee shall give Licensor and Affiliates appropriate credit on all compact discs, record and cassette labels, film or commercial credits, or any other record configuration manufactured which is now known or created in the future that embodies the tracks created by EAR MONSTER and/or EAR MONSTER affiliated producers.
4. Indemnity: Licensee agrees to indemnify, defend, and hold Licensor harmless from any and all actions, causes of action, claims, demands, costs, liabilities, expenses and damages (including attorney’s fees) arising out of or in connection with any claim that the tracks furnished by under this License constitutes infringement of any confidential information, trade secret, patent, copyright, trademark, trade name, or other legal right of any third party.
5. Jurisdiction: This agreement shall be construed in accordance with the laws of the United States. Any dispute arising under this agreement shall be subject to binding arbitration with such arbitration being conducted in the United States.