Collection License
The exact terms you accept at checkout. Your beat, your name and your order date are filled in on the copy you receive; here they stand in as the bracketed references below.
COLLECTION LICENSE AGREEMENT SchoenerBeats — schoenerbeats.com LICENSE CERTIFICATE — This executed copy is issued to the Licensee named below; verify it any time at schoenerbeats.com/verify with the License ID. Licensee: completed automatically on purchase Email: completed automatically on purchase Order: completed automatically on purchase Order date: completed automatically on purchase License ID: assigned on purchase (SB-<order number>) This Non-Exclusive Collection License Agreement (the "Agreement") is entered into and effective as of the date of the order placed through the Producer's store at schoenerbeats.com (the "Order"; its date, the "Effective Date"), by and between SchoenerBeats (the "Producer"), and the individual or entity identified as the purchaser of record on the Order (the "Artist" or "Licensee"). The Order confirmation and receipt email evidence the Licensee's identity, the Effective Date, and payment of the License Fee. This Agreement sets forth the terms and conditions of the Licensee's use of, and the rights granted in, the Producer's collection of instrumental music files entitled "the SchoenerBeats collection shown on the tape page you came from" (the "Collection"), in consideration for the Licensee's payment of the License Fee stated on the Order. The Collection comprises multiple individual Beat files (each a "Beat" and collectively the "Beats"). This Agreement grants the Artist a separate license to each Beat in the Collection, each on the same terms set forth herein. 1. GRANT OF LICENSE. In return for payment of the License Fee, the Producer grants the Artist a non-exclusive, non-transferable license to use each Beat in the Collection to create one (1) new recording per Beat (each a "Track"), and to commercially release each Track throughout the world, subject to the terms and limits set out below. 2. SELLER AND PAYMENT PROCESSING. The Collection is sold by the Producer directly, through the Producer's own store at schoenerbeats.com. The Producer is the seller and the merchant of record for the transaction. Payment details are handled by Stripe, Inc. and its affiliates acting solely as the Producer's payment service provider; Stripe is not a party to this Agreement, is not a reseller, and grants no rights in the Beats. The Producer is a small business within the meaning of § 19 UStG (German Value Added Tax Act) and therefore charges no value added tax; the License Fee is the full amount payable. Where the Producer is required by law to collect a tax on a sale, that amount is stated separately on the Order. 3. FILES DELIVERED. The Producer shall deliver each Beat in the Collection as a 320 kbps MP3 and a 24-bit / 48 kHz WAV, the industry-standard delivery formats. Any higher resolution the Artist requires is available from the Producer on request, free of charge. 4. TERM. This license is for a term of ten (10) years from the Effective Date (the "Term"). After the Term, the license shall automatically end. The Artist will be required to extend the Term by paying an additional fee at the Producer's then-current rates. 5. SCOPE OF USE. The following use limits apply PER BEAT during the Term: (a) unlimited for-profit downloads, physical sales, and digital sales of each Track; (b) unlimited audio streams per Track via subscription and ad-supported streaming services; (c) unlimited video streams per Track on user-generated content platforms such as YouTube; (d) unlimited music videos per Track, which may be monetized; (e) unlimited play on terrestrial and internet radio stations; (f) unlimited for-profit and non-profit public performances of each Track. Modification of the Beats is limited as set out in Section 7. 6. BROADCASTING RIGHTS. The broadcasting rights granted under this license are those described in Section 5 — unlimited terrestrial and internet radio play, and unlimited music videos — and no others. All other broadcasting and synchronization rights are expressly reserved by the Producer, including but not limited to: television broadcast, film, advertising, video games, theatrical productions, satellite radio, streaming-service algorithmic radio, and use as background music in any commercial venue or broadcast medium. Use of any Track in any reserved context requires a separate sync license from the Producer. 7. MODIFICATION OF THE BEATS. Each Beat is delivered as a finished creative work bearing the Producer's name in credit. The Artist acknowledges that the Producer's professional identity and reputation are tied to the integrity of any released version. Modification of the Beats is restricted as follows: classic mixing and mastering operations within reasonable limits (EQ, compression, saturation, level adjustments) are permitted; however, any modification that materially alters the character, arrangement, length, tempo, or pitch of any Beat — or any extreme or distortive application of mixing/mastering tools that has the same effect — is prohibited. Each released Track must remain recognizable as containing the Producer's respective Beat as originally delivered. 8. MODIFICATION BREACH REMEDY. Upon any modification breach pursuant to Section 7 with respect to any Beat, the Artist shall: (i) immediately, and in any event within fourteen (14) days of notice from the Producer, remove the affected Track from all distribution, streaming, and broadcast platforms worldwide; (ii) cease all further use of that Beat; and (iii) pay to the Producer the agreed liquidated damages of one hundred ($100) US Dollars per Beat in breach, as Vertragsstrafe pursuant to §§ 339-345 BGB. Payment of the Vertragsstrafe shall not constitute consent to continued use, cure of the breach, or waiver of any of the Producer's rights. The license for the breached Beat shall terminate automatically, and any continued exploitation after termination shall constitute copyright infringement. Licenses to other Beats in the Collection not in breach remain unaffected. 9. PUBLISHING. (a) TWO SEPARATE WORKS. Each Beat is the Producer's own preexisting musical work and sound recording and remains one hundred percent (100%) the Producer's. Any lyrics, vocal melody, or other original creative elements the Artist composes for a Track are the Artist's own work. The Beat and the Artist's contribution are separately exploitable works joined for common exploitation by this Agreement (verbundene Werke, § 9 UrhG); they do not merge into a single work of joint authorship. (b) THE PRODUCER'S SHARE. In the resulting musical work embodied in each Track — the combination of the Beat and the Artist's contribution — the Producer holds a fifty percent (50%) share of the Writer's Share and a fifty percent (50%) share of the Publisher's Share, and shall receive that income directly from the applicable collection society. The Artist holds the remainder. (c) THE PRODUCER MAY REGISTER. The Artist irrevocably authorises the Producer to register each resulting musical work and the shares set out in (b) with the Producer's collection society (GEMA in Germany) and with any other collection society, naming the Artist as co-author, and confirms the Artist's consent to those shares for the purposes of any declaration or form such a society requires. (d) THE ARTIST SHALL ALSO REGISTER. The Artist shall register each resulting musical work and the Producer's share, on the Producer's behalf, at the collection society in the Artist's home territory. This obligation applies whether or not the Artist registers an interest of their own. (e) RELEASE DETAILS. Within thirty (30) days of any release of a Track, the Artist shall notify the Producer in writing of the release title, the recording artist name, the release date, the ISRC of the recording, and the distributor. (f) ADMINISTRATION AND SYNC. The Producer and the Artist shall each administer their respective shares. Any sync licenses for a Track must be pre-approved in writing by the Producer. 10. NEIGHBORING RIGHTS. The Producer performs on each Beat and therefore on every recording embodying it. The Artist confirms that the Producer is a performer on each Track and shall, on request, sign any confirmation of participation required by a collection society (e.g., GVL in Germany). The Producer shall receive neighboring rights income as a performer directly from the applicable collection society. The Artist shall register the Producer's interest accordingly, using the release details supplied under Section 9(e). 11. PRODUCER WARRANTIES. The Producer warrants and represents that: he is the owner of the copyright in each Beat; he has the right to enter into this Agreement and to grant all rights granted herein; no Beat contains any third-party samples or infringing material; all necessary consents under law are granted to the Artist; he waives any moral rights with respect to commercial exploitation of the Tracks within the limits of this Agreement; and all necessary publishing licenses will be made available to the Artist free of charge for non-monetized advertising and promotion of the Tracks. 12. ARTIST WARRANTIES. The Artist warrants and represents that: the Artist has the right to enter into this Agreement; the Tracks shall not infringe the rights of any third party; and the Artist shall comply with all obligations and limitations set out in this Agreement. 13. CREDIT. The Artist agrees to credit the Producer on all metadata, packaging, and promotional materials for each Track as follows: "Produced by SchoenerBeats". 14. CONTENT IDENTIFICATION. (a) THE BEATS ARE REGISTERED. Each Beat is registered by the Producer with YouTube's Content ID system. A claim may therefore appear automatically on any video containing a Beat, including the Artist's own. Such a claim does not withdraw any right granted under this Agreement, and the Producer expressly reserves the right to register the Beats and to claim matching videos, both before and after the grant of this license. (b) HOW TO CLEAR A CLAIM. To have a claim released on a video that is within the scope of this license, the Artist shall dispute the claim through YouTube and quote the Order number shown at the top of this Agreement. The Producer shall release the claim upon confirming a valid license. A Content ID claim is not a copyright strike and does not affect the standing of the Artist's channel. (c) THE ARTIST MAY NOT REGISTER. The Artist shall not submit any Beat or Track, in whole or in part, as a reference file to any content identification or fingerprinting system (including but not limited to YouTube Content ID, Facebook Rights Manager, or any equivalent), and shall not authorise any distributor, aggregator, record label, or rights administration service to do so. Where a distributor offers content identification, fingerprinting, or "YouTube monetization" as an option, the Artist shall decline it. For the avoidance of doubt, this does not restrict the Artist's use of a distributor or aggregator to release a Track, which is permitted under Section 1. (d) BREACH. Any breach of subsection (c) shall constitute a material breach of this Agreement and may result in immediate termination of the license to the affected Beat without notice or compensation. 15. INDEMNIFICATION. The Artist agrees to indemnify the Producer and hold him harmless from all claims, losses, and expenses, including reasonable legal fees, arising from any breach of the Artist's warranties, representations, or obligations under this Agreement, or from the Artist's use of any Beat or Track outside the scope of this license. 16. SAMPLE CLAIMS. The Artist shall indemnify the Producer from all losses and costs arising from any (false) claims from third parties concerning sample clearance. 17. OWNERSHIP. The Producer shall retain ownership of the copyright in the master and the underlying composition of each Beat, and shall have the right to grant separate non-exclusive licenses of any Beat to other artists. The Artist owns the lyrics and any other original creative elements the Artist solely composed for each Track. 18. RESALE PROHIBITION. The Artist may not sell, sublicense, transfer, or distribute any Beat in its original form or in any substantially similar form. The rights granted under this Agreement are non-transferable and non-assignable. 19. TERMINATION. The Artist acknowledges that the License Fee is non-refundable. If the Artist fails to comply with any obligation under this Agreement with respect to a Beat, the Producer shall have the right, upon notice to the Artist, to terminate the license to that Beat. Breach with respect to one Beat does not automatically terminate licenses to other Beats in the Collection. Upon termination, all rights granted in the affected Beat shall revert to the Producer, and any further use of that Beat or its Track by the Artist shall constitute copyright infringement. 20. ELECTRONIC ACCEPTANCE. The Artist's completion of the Order and payment of the License Fee constitutes the Artist's signature, acceptance, and ratification of all terms and conditions of this Agreement, with the same legal effect as a written signature. 21. ENTIRE AGREEMENT. This license constitutes the entire agreement between the parties and supersedes all prior agreements, whether oral or written. 22. LANGUAGE. This Agreement is executed in English. In the event of any translation into another language for the convenience of the Artist, the English version shall be the controlling version in any conflict of interpretation. 23. GOVERNING LAW AND JURISDICTION. This Agreement shall be construed in accordance with the laws of Germany. The parties agree that the exclusive jurisdiction and venue for any dispute arising under or relating to this Agreement shall be the courts of Darmstadt, Germany.