1. Grant of License

In exchange for your payment of the license fee (“License Fee”) associated with the applicable sound and/or sample provided via this website (each, a “Sample”), we grant you a non-exclusive, non-transferable, perpetual right to use the Sample in combination with other sounds in music productions to create new recordings (“Recording(s)”), which shall be considered a “derivative work” as that term is used in the United States Copyright Act of 1976, as amended. This license permits you to modify, reproduce, and use the Sample as incorporated in your Recording solely pursuant to the following terms and conditions.

2. Restrictions

2.1. You may not use or sublicense the Sample in isolation as sound effects, loops, or as source material for any other form of sample (regardless of whether or not the Sample is modified by you).

2.2. You may not use or sublicense Samples in a manner competitive to us, or redistribute Samples in new sample packs.

2.3. You may not sublicense, sell, loan, share, lend, broadcast, rent, lease, assign, distribute, or transfer any Sample to a third party except as incorporated into a Recording.

2.4. You may not use the name, image, or likeness of the artist, producer, or writer associated with a Sample in any way without that party’s express written permission.

2.5. Content ID. You may not register, claim, or apply any Sample to YouTube Content ID or any other content identification system. Any such action will result in immediate termination of the rights granted by this license.

2.6. Artificial Intelligence. You acknowledge and agree that neither the Sample(s) nor any Recording(s) or composition(s) derived therefrom may be used — directly, indirectly, in whole, or in part — for the training, fine-tuning, evaluation, or enhancement of any machine-learning or artificial-intelligence system (including generative AI models) without our prior written consent. Any such use without permission constitutes a material breach of this Agreement and will result in immediate termination of all rights granted herein, in addition to any other legal or equitable remedies available to us.

3. Commercial Usage

3.1. Minor Releases. You may use the Sample for Recordings on your own personal projects, independent releases, beat tapes, and mixtapes that are not distributed or released via a Major Label or Qualifying Independent Label (as defined in Section 3.2) (each, a “Minor Release”) at no additional cost beyond the License Fee.

Any Minor Release that exceeds an aggregate of one million (1,000,000) streams across Digital Service Providers (“DSPs”) such as Apple Music, Spotify, and YouTube shall be reclassified as a Major Release and is thereafter subject to the Major Release terms in Section 3.2. The seven (7)-day written-notice period in Section 3.2 shall run from the date the Recording crosses that threshold, and you shall provide documentation of the DSP streaming counts upon our request.

3.2. Major Releases. A “Major Release” is any Recording that is: (a) distributed via a Major Label; (b) distributed via a Qualifying Independent Label; or (c) any Minor Release that exceeds 1,000,000 aggregate DSP streams.

A “Major Label” means Universal, Sony, or Warner Music Group/WEA, or any parent, subsidiary, or affiliate thereof.

A “Qualifying Independent Label” means any label that is not a Major Label and that either (i) is one of The Orchard, Alamo, Empire, Caroline, Kobalt/AWAL, 300, E1, or a comparable label; or (ii) has, across its catalog, distributed any release that exceeded one hundred thousand (100,000) aggregate DSP streams in a single calendar month or one million (1,000,000) aggregate DSP streams in total.

For any Major Release, you shall be required to:

• (a) Contact us in writing within seven (7) days to seek clearance;
• (b) Allocate to us fifty percent (50%) of any advances, royalties, and publishing ownership received by you in connection with the Recording, including for synch licenses;
• (c) Grant co-producer credit to the applicable Sample creator on liner notes, advertisements, and wherever metadata permits.

3.3. Synch Placements. Contact us immediately upon any synch opportunity or placement.

4. Additional Provisions

4.1. Trigger Obligations and Enforcement. Failure to notify us and comply with the Major Release terms after a qualifying trigger shall constitute a material breach. In such cases, we reserve the right to revoke your license, claim backdated royalties, and pursue any other legal or equitable remedies.

4.2. Audit Rights. We reserve the right to audit your streaming and royalty data for any Recording incorporating a Sample. You agree to provide such information within ten (10) business days of our request.

5. Contact

houseofwavesmusiclibrary@gmail.com or via our contact page.