End-User License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING AND DOWNLOADING ANY OF THE CONTENT ON THIS SITE, YOU (“Licensee”) HEREBY AGREE TO AND ARE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER AGREEMENT.
Section 1. Overview
There are three license types. You must choose one license that best matches your intended use of the tracks. By selecting a license option and purchasing a track under that license option, you are agreeing to the terms set forth in that license below.
Any performance music on free television, cable television, internet, or other performance venues under the jurisdiction of ASCAP or BMI or any similar performance rights agency may incur additional fees independent of this Agreement. Please consult with ASCAP, BMI or any other relevant performance rights organizations regarding this if you are planning to release your project in such a fashion. Normally, these fees are paid by the broadcasting network and not you, but please consult with ASCAP, BMI or whatever performance rights organization is relevant to the music or sound you have selected to license. Generally speaking the artists on our site have listed which performance rights organization they belong to.
If your project is broadcast on television, cable or released to theatres, you will need to provide a cue sheet for your project when your project is finished.
Section 2. License Terms
Licensee must select one of the following options at the time of purchase. By selecting a license option and purchasing a track under that license option, Licensee agrees to the terms set forth by the chosen option.
License Option 1: Standard license (This is automatically included with your purchase if no additional license is purchased)
1. Licensee, or their customers, shall have a worldwide, non-exclusive, royalty-free, non-assignable and non-transferable right to use the Music only in synchronization or timed-relation with other audio and/or audio-visual productions (“Projects”) for-profit, non-profit and non-broadcast purposes and shall have mechanical reproduction rights in all mediums only in connection with Projects subject to the following restrictions:
a. The Music may not be transferred, copied, or duplicated by itself, either in whole or in part, other than in timed-relation with the Projects with the exception that Licensee may make one copy for back-up or archive purposes. Further, the Music, apart from the Projects, may not be resold, licensed, leased or in any way distributed to any third party without the express written permission of the copyright owner.
b. Licensee shall not have the right to alter the fundamental character of the Music, to use the title or subtitle of the Music, as the title of a Project, or to add lyrics to the Music without the express written permission of the copyright owner. Licensee may otherwise cut or alter the music to fit the intended use.
2. Licensee is hereby granted the perpetual, non-exclusive right and license to publicly perform, for for-profit, non-profit, commercial, non-commercial, private, or educational use only, in accordance with the following restrictions:
a. The project may NOT be broadcast on television and radio networks (including national networks, pay-per-view networks, cable, and local networks).
b. The project may be shown or played in theaters with paying audiences or in exchange for donations or transmitted for profit or donation digitally over the internet or via satellite.
c. All venues or mediums in which a public performance occurs must have valid performance licenses from the governing applicable performing rights societies in the territory of broadcast (e.g., ASCAP, BMI, SESAC, SOCAN, etc.) or from any other licensor acting for or on behalf of the copyright owner of the Music, unless the copyright owner is not a member of a performing rights society.
d. The Music may be used in a project for use in software or productions released on physical media (excluding audio-only CDs)?(up to 10,000 copies)
e. The Music may be used as part of a product available for purchase online or in a physical store (excluding audio-only CDs)
3. This license is subject to the additional terms outlined in Sections 3 of this agreement.
License Option 2: Broadcast license (up to an audience size of 1 million)
1. Licensee, or their customers, shall have a worldwide, non-exclusive, royalty-free, non-assignable and non-transferable right to use the Music only in synchronization or timed-relation with other audio and/or audio-visual productions (“Projects”) in all mediums, now known or hereafter devised, and shall have mechanical reproduction rights in all mediums, now known or hereafter devised, only in connection with Projects subject to the following restrictions:
a. The Music may not be transferred, copied, or duplicated by itself, either in whole or in part, other than in timed-relation with the Projects with the exception that Licensee may make one copy for back-up or archive purposes. Further, the Music, apart from the Projects, may not be resold, licensed, leased or in any way distributed to any third party without the express written permission of the copyright owner.
b. Licensee shall not have the right to alter the fundamental character of the Music, to use the title or subtitle of the Music as the title of a Project, or to add lyrics to the Music without the express written permission of the copyright owner. Licensee may otherwise cut or alter the music to fit the intended use.
c. Release of the Music on any commercially available audio-only product (e.g., compact disc or other phonorecords, audiobooks, etc) shall require prior written approval by the copyright owner, and may require additional mechanical license fees. Mechanical licenses for duplication of audio-only material may be obtained from the publisher of the music.
d. The Music may be used in a project for use in software or productions released on physical media (excluding audio-only CDs) (unlimited copies)
e. The Music may be used as part of a product available for purchase online or in a physical store (excluding audio-only CDs)
2. Licensee is hereby granted the perpetual, non-exclusive right and license to publicly perform, for-profit or non-profit, commercial, or non-commercial and authorize others to perform the Music, in connection with the Projects and assign its rights in connection with the Projects to a third-party subject to the following:
a. Projects may be exhibited by means of television or radio by networks, local stations, pay-television systems or closed-circuits (up to an audience size on 1 million) having valid performance licenses from the governing applicable performing rights societies in the territory of broadcast (e.g., ASCAP, BMI, SESAC, SOCAN, etc.) or from any other licensor acting for or on behalf of the copyright owner of the Music, unless the copyright owner is not a member of a performing rights society.
b. It is understood that clearance by performing rights societies in such portion of the territory as-is outside of the U.S. will be in accordance with said performing rights societies’ customary practices and the payment of their customary fees. (Note: performing license fees are typically paid by the broadcasters and by the Licensees of the Music.)
c. Licensee agrees to promptly furnish Mark Hatter Music with a complete and accurate music cue sheet for any Project that is broadcast on television or distributed theatrically. Such cue sheet shall correctly identify the copyright owner, publisher, song title, and length of use for all Music licensed from Mark Hatter Music (markhattermusic.com/royaltyfreemusic).
3. This license is subject to the additional terms outlined in Sections 3 of this agreement.
4. Sampling / DJ Use. When this license option is available, the licensee is hereby granted the perpetual, non-exclusive right and license to use the music or sounds to create derivative works subject to all of the following:
a. The copyright owner has made the music or sound available under this extended option, and your receipt shows this option. Tracks with this option available will show a notice on their track information pages on markhattermusic.com/royaltyfreemusic. Under no circumstances shall any track not displaying the Sampling / DJ option be used for this purpose; and
b. The derivative work(s) constitute a good-faith partial or recombined usage employing “sampling,” “collage,” “mash-up,” or other comparable artistic technique, whether now known or hereafter devised, that is highly transformative of the original, as appropriate to the medium, genre, and market niche; and
c. Your Derivative Work(s) must only make partial use of the Original Work, or if you choose to use the original Work as a whole, You must either use the Work as an insubstantial portion of Your Derivative Work(s) or transform it into something substantially different from the original Work.
License Option 3: Broadcast license (unlimited audience)
1. Licensee, or their customers, shall have a worldwide, non-exclusive, royalty-free, non-assignable and non-transferable right to use the Music only in synchronization or timed-relation with other audio and/or audio-visual productions (“Projects”) in all mediums, now known or hereafter devised, and shall have mechanical reproduction rights in all mediums, now known or hereafter devised, only in connection with Projects subject to the following restrictions:
a. The Music may not be transferred, copied, or duplicated by itself, either in whole or in part, other than in timed-relation with the Projects with the exception that Licensee may make one copy for back-up or archive purposes. Further, the Music, apart from the Projects, may not be resold, licensed, leased or in any way distributed to any third party without the express written permission of the copyright owner.
b. Licensee shall not have the right to alter the fundamental character of the Music, to use the title or subtitle of the Music as the title of a Project, or to add lyrics to the Music without the express written permission of the copyright owner. Licensee may otherwise cut or alter the music to fit the intended use.
c. Release of the Music on any commercially available audio-only product (e.g., compact disc or other phonorecords, audiobooks, etc) shall require prior written approval by the copyright owner, and may require additional mechanical license fees. Mechanical licenses for duplication of audio-only material may be obtained from the publisher of the music.
d. The Music may be used in a project for use in software or productions released on physical media (excluding audio-only CDs) (unlimited copies)
e. The Music may be used as part of a product available for purchase online or in a physical store (excluding audio-only CDs)
2. Licensee is hereby granted the perpetual, non-exclusive right and license to publicly perform, for-profit or non-profit, commercial, or non-commercial and authorize others to perform the Music, in connection with the Projects and assign its rights in connection with the Projects to a third-party subject to the following:
a. Projects may be exhibited by means of television or radio by networks, local stations, pay-television systems or closed-circuits (unlimited audience size) having valid performance licenses from the governing applicable performing rights societies in the territory of broadcast (e.g., ASCAP, BMI, SESAC, SOCAN, etc.) or from any other licensor acting for or on behalf of the copyright owner of the Music, unless the copyright owner is not a member of a performing rights society
b. It is understood that clearance by performing rights societies in such portion of the territory as-is outside of the U.S. will be in accordance with said performing rights societies’ customary practices and the payment of their customary fees. (Note: performing license fees are typically paid by the broadcasters and by the Licensees of the Music.)
c. Licensee agrees to promptly furnish Mark Hatter Music with a complete and accurate music cue sheet for any Project that is broadcast on television or distributed theatrically. Such cue sheet shall correctly identify the copyright owner, publisher, song title, and length of use for all Music licensed from Mark Hatter Music (markhattermusic.com/royaltyfreemusic).
3. This license is subject to the additional terms outlined in Sections 3 of this agreement.
4. Sampling / DJ Use. When this license option is available, the licensee is hereby granted the perpetual, non-exclusive right and license to use the music or sounds to create derivative works subject to all of the following:
a. The copyright owner has made the music or sound available under this extended option, and your receipt shows this option. Tracks with this option available will show a notice on their track information pages on markhattermusic.com/royaltyfreemusic. Under no circumstances shall any track not displaying the Sampling / DJ option be used for this purpose; and
b. The derivative work(s) constitute a good-faith partial or recombined usage employing “sampling,” “collage,” “mash-up,” or other comparable artistic technique, whether now known or hereafter devised, that is highly transformative of the original, as appropriate to the medium, genre, and market niche; and
c. Your Derivative Work(s) must only make partial use of the Original Work, or if you choose to use the original Work as a whole, You must either use the Work as an insubstantial portion of Your Derivative Work(s) or transform it into something substantially different from the original Work.
Section 3: Additional Terms Applicable to Both License Options
3.1. Mark Hatter Music (markhattermusic.com/royaltyfreemusic) represents and warrants that it has the right to license one hundred percent (100%) of the Music, throughout the territory and grant all the rights herein granted to Licensee and that this Agreement does not infringe on any the rights of any third parties.
3.2. The term of this Agreement is for the remainder of the current term of the U.S. Copyright in the Track(s) (composition and sound recording) and all renewal terms thereof.
3.3. This Agreement does not authorize or permit any use of the Music not expressly set forth herein or to make any other use of the Music, not expressly authorized hereunder. Mark Hatter Music reserves all rights not expressly granted to Licensee hereunder. All rights granted hereunder are granted on a non-exclusive basis.
3.4. Mark Hatter Music?s (markhattermusic.com/royaltyfreemusic) liability shall in no event exceed the actual license fee paid by Licensee. Mark Hatter Music accepts no responsibility for any loss of business or business profits resulting directly or indirectly from the performance of the Music.
3.5. This license is binding upon and shall inure to the benefit of the respective successors and/or assigns of the parties hereto.
3.7 Grandfathering of previous license terms. Music and sounds purchased before the effective date of this license will be governed by the license terms under which the music and sounds were originally purchased.
IN THE EVENT OF ANY MATERIAL BREACH OF THIS AGREEMENT ALL RIGHTS GRANTED UNDER THIS AGREEMENT SHALL TERMINATE IMMEDIATELY. ANY CONTINUED USE OF THE MUSIC, BY LICENSEE, SHALL CONSTITUTE AN INTENTIONAL INFRINGEMENT OF THE COPYRIGHTS IN AND TO THE CONTENT. THE COPYRIGHT OWNER(S) OF THE CONTENT HEREBY RESERVES ALL THEIR RIGHTS TO LEGAL AND FINANCIAL REMEDIES AND RELIEF.