A fixed fee agreement for unlimited domestic synchronization of the music collection for any production completed during the one year term of the agreement.
Visual and audio content produced for broadcast on television, radio and/or other broadcast media, with the intention of promoting, selling and/or marketing products, services, companies, entertainment entities including other television or radio programming or the like. Commercials and promos are typically less than :90 seconds in length.
Regional - For broadcast in more than one but less than six US states. OR for broadcast in any single major market city such as LA, Chicago, NY, Washington DC, Miami, Atlanta.
National - For broadcast in six or more US states. Also applies to broadcast in more than any major US city.
A use is an uninterrupted application or synchronization of a music track. In some instances, a single piece of music is used in a production in two (or more) times within the program. This would be considered two (or more) uses and would incur a “per use” or “ drop” charge for each time the music started and stopped. Every different version used or broadcast becomes a separate use. For example, if the music stays identical, and the voiceover or picture changes, this would constitute a separate use for each version of the production used or broadcast.
Public service announcement - a commercial or promo produced for the benefit of a non-profit or charitable organization.
A fixed fee agreement for unlimited synchronization of music from the collection within a particular production with a specified running time (length) and type of use.
Productions that are exchanged for any kind of currency or consideration, or used as incentive, product premium or the like. These could include retail sales, business-to-business sales, award/reward programs or sales promotions, etc.
Productions produced for broadcast on television, radio or other media with the intention of entertaining, informing, educating or the like. Programs are usually greater than 91 seconds in length. Other than informercials, programs tend not to have primarily promotional purposes.
Production of any kind, but typically film or video produced for exhibition to live audiences in exchange for paid admission to the exhibition.
Trailer All Rights - rights to synchronize any single laserdrop with trailers (for broadcast on National, Network, Regional and Local TV and Basic, Premium Cable/Satellite TV) to promote the release and/or exhibition of a specific theatrical production. Includes multiple versions of trailers, rights for theater exhibition of trailers, rights for Non-Broadcast use of trailers and for Production for Sale distribution up to 10,000 copies.
Film - theatrical production of any kind, but typically film or video produced for exhibition to live audiences in exchange for paid admission to the exhibition.
Film All Rights - rights to synchronize any single laserdrop within a particular theatrical production for theatre release and exhibition, broadcast on National, Network, Regional and Local TV and Basic, Premium Cable/Satellite TV, Non-Broadcast, and Production for Sale- distribution up to 10,000 copies.
1. The compositions and recordings that comprise the Elasticmusic Collection may not be publicly performed, copied, recorded or synchronized for any purpose, other than in-house presentations with the intention of deciding upon the use of the music for any given production, without the prior written permission of Elasticmusic.
2. Applications for a synchronization licenses must be made by phone, fax, mail, or via our web site immediately following the completion of a production and prior to any exhibition or broadcast. Please be sure to check for any restrictions that may apply for a particular track at the elasticmusic.com website in the “more info” window next to the edit you are looking to use.
3. Production Blankets are not available for commercials and promos.
4. Distinct edits and versions of the same commercial, promo or program (e.g. if the original production is changed, revised, edited or dubbed in foreign languages, alternate "tags", etc.) must be noted in the usage report and will require additional licensing fees to be paid.
5. All rights granted herein are domestic (for use in the United States of America) and for one year from production date. Term extentions may be available for additional, scalable fees. Some tracks are available in perpetuity. Please call 877-282-7768 for details.
6. Rates are subject to change without notice.
7. Rights cleared for specific uses defined here or on the rate schedule do not include any other clearances except as stated. Please call regarding quotes for types of use not stated on the rate card. These uses include theme music, educational, multimedia blankets, etc.
8. The dollar amounts indicated on the rate schedule are "per use" or "laserdrop" fees. All rates are for each uninterrupted use of one piece of music with the exception of production blankets.
COPYRIGHT
All music compositions and recordings in the Elasticmusic collection are protected by the US Copyright Law. Written permission (license) for any use must be obtained from Elasticmusic. Unauthorized use in any form constitutes a violation of the copyright law, which provides for certain penalties.
A valid license with Elasticmusic grants you the rights to both the recording (master) and the composition (musical copyright) more commonly referred to as the synchronization rights. Synchronization rights are the rights to affix music with visual images or other audio signals and to mechanically reproduce the copyrighted music in soundtracks and copies of soundtracks.
Additional synchronization licensing fees becomes necessary if the original production is changed, revised, edited or dubbed in foreign languages, or if you wish to continue to use the music past the expiration date of the license.
Distinct from synchronization rights, performing rights licenses (rights to broadcast or publicly perform) are the responsibility of the user. In the case of broadcast, (radio, TV, cable, satellite, etc. ) it is the responsibility of the broadcaster. Virtually all broadcasters have negotiated and paid for blanket performance licenses for these rights with major performing rights organization in the United States, ASCAP and/or BMI, SESAC. If no agreement is in place between the user or broadcaster and one of the major performing rights organization additional fees or performance may be required
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©2000 Elasticmusic Inc. All Rights Reserved. |
