MusicTECH End User License Agreement

LoopLibrary.com & NetMusicLibrary.com

This license is designed to protect the rights of our contributors while allowing you affordable, hassle-free usage. Here is a summary of the License in plain terms. It covers usage of samples, loops, sound effects, production music or any combination of these items (which will collectively be referred to as the "Materials"). 

Since there has been some confusion about the wording of the license agreement, YES - YOU CAN USE THE LOOPS/SAMPLES IN COMMERCIALLY RELEASED CDs! As long as the loops/samples are combined with something else to create something unique (i.e., you can't release a product using individual loops all alone by themselves... they need to be mixed in with other musical elements.)

The full Agreement follows this summary:

WHAT YOU CAN DO –

Certain types of usage require you to complete a short usage report form and, in some cases, file cue sheets to appropriate agencies. These reporting procedures are industry-standard and FREE, and can be completed online.

WHAT YOU CAN NOT DO –

 

PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING AND DOWNLOADING ANY OF THE MATERIALS ON THIS SITE, YOU ("Licensee") HEREBY AGREE TO AND ARE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER AGREEMENT.

Section 1. Overview

Normally, the fees required regarding obtaining permission to use musical works, loops, samples or sounds (collectively referred to as the "Materials"), in film, television, radio and games are very costly. Beyond the usually extreme cost of buying the right to use ,materials, the very process of obtaining licenses can be daunting. MusicTECH has minimized the cost and allowed you to easily license materials for your project.

When you license anything from MusicTECH, you are agreeing to the terms set forth in the End User License Below. There are set fees for each work you agree to license.

Any performance of the materials on free television, cable television, 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, and it contains production music, you will need to provide a cue sheet for your project. You can learn more about cue sheets by visiting www.bmi.com. If you use a track in an audio-only product that you intend to distribute commercially (e.g. an audio book or audio CD), you must also obtain a mechanical license for duplication from Harry Fox, or from the publisher of the work, or written approval from the composer.

Section 2: License Terms

By purchasing and downloading any of the materials on this site, you the Licensee are agreeing to the terms listed in this Agreement.

1. Licensee, or their customers, shall have a worldwide, non-exclusive, non-assignable and non-transferable right to use the Materials only in synchronization or timed-relation with other audio and/or audio-visual productions ("Projects") for broadcast and/or non-broadcast purposes and shall have mechanical reproduction rights in all mediums only in connection with Projects subject to the following restrictions:

(A) The Materials may not be transferred, copied, or duplicated alone or solely by themselves, 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 Materials, 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 production music, to use the title or subtitle of any of the Materials as the title of a Project, or to add anything in any manner to production music (including but not limited to adding lyrics to music), without the express written permission of the copyright owner.

(C) Licensee must combine loops and samples with other musical elements supplied by Licensee before using them.

(D) Release of production music on any commercially available audio-only product (e.g., compact disc or other phonorecords, audio books, 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 Harry Fox or from the publisher of the music.

2. Licensee is hereby granted the perpetual, non-exclusive right and license to publicly perform, for profit or non-profit, and authorize others to perform the Materials in connection with the Projects subject to the following:

(A) Projects may be exhibited by means of television by networks, local stations, pay-television systems or closed-circuits 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 Materials.

(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 Materials).

(C) Licensee agrees to promptly furnish MusicTECH with a complete and accurate music cue sheet for any Project that contains production music and is broadcast on television or distributed theatrically (except for those Projects using only sound effects). Such cue sheet shall correctly identify the copyright owner, publisher, song title, and length of use for all Materials licensed from MusicTECH.

3. This license is subject to the additional terms listed below:

(A) MusicTECH represents and warrants that it has the right to license one hundred percent (100%) of the Materials 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.

(B) The term of this Agreement is for the remainder of the current term of the U.S. Copyright in the Track(s) and all renewal terms thereof.

(C) This Agreement does not authorize or permit any use of the Materials not expressly set forth herein or to make any other use of the Materials not expressly authorized hereunder. MusicTECH reserves all rights not expressly granted to Licensee hereunder. All rights granted hereunder are granted on a non-exclusive basis.

(D) MusicTECH’s liability shall in no event exceed the actual license fee paid by Licensee. MusicTECH accepts no responsibility for any loss of business or business profits resulting directly or indirectly from the performance of the Materials.

(E) This Agreement shall be governed by and construed under the law and judicial decisions of the State of Washington. The venue for any legal action regarding this Agreement shall be the courts of King County, Washington. Licensee agrees to be subject to the jurisdiction of the courts of King County, Washington. The prevailing party in any legal action shall be entitled to an award of court costs, expenses and attorney fees in addition to any other legal relief awarded.

(F) Should any paragraph or provision of this Agreement be declared void, invalid or inoperative, the remainder of this Agreement shall be effective as if such void, invalid or inoperative paragraph or provision had not been contained in it.

(G) This license is binding upon and shall inure to the benefit of the respective successors and/or assigns of the parties hereto.

(H) IN THE EVENT OF ANY MATERIAL BREACH OF THIS AGREEMENT BY LICENSEE OR ANY USE OF THE MATERIALS BY A THIRD PARTY, ALL RIGHTS GRANTED UNDER THIS AGREEMENT SHALL TERMINATE IMMEDIATELY. ANY CONTINUED USE OF THE MATERIALS BY LICENSEE SHALL CONSTITUTE AN INTENTIONAL INFRINGEMENT OF THE COPYRIGHTS IN AND TO THE MATERIALS. MUSICTECH AND THE COPYRIGHT OWNER(S) OF THE MATERIALS HEREBY RESERVE ALL THEIR RIGHTS TO LEGAL AND FINANCIAL REMEDIES AND RELIEF.

(J) In certain cases, MusicTECH has been required by the copyright owner to obtain a separate and additional license for the use of certain Materials. If that applies to the Materials you are licensing, then a separate license agreement will appear when you add that work to your cart. Until you agree to the terms of this separate license, you have not obtained the right to use the Materials covered by this separate license.