MASTER CLEARANCE AGREEMENT
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. This license permits you to modify, reproduce and use the Sample as incorporated in your Recording solely pursuant to the following terms and conditions:
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) You may not use or sublicense Samples in a manner competitive to us or redistribute Samples in new sample packs
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
4) You may not use the name, image, or likeness of the artist or producer associated with a Sample in any way without that artist's or producer's express written permission
5) You may not use/apply for YouTube Content ID or any content ID system with respect to any Sample licensed—if you do, it will result in the termination of the rights given by this license.
Additionally, with respect to commercial usage of Recordings containing Samples, the following shall apply:
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" (i.e., Universal, Sony/BMG, WEA, or their subsidiaries) or "Qualifying Independent Label" (i.e., The Orchard, Alamo, Empire, Caroline, Kobalt/AWAL, 300, E1 or comparable label) (each such release, a "Minor Release") at no additional cost outside of the License Fee (including, for the avoidance of doubt, without providing us with publishing splits), provided that any Minor Release that exceeds an aggregate of one million (1,000,000) streams on Digital Service Providers (DSP’s) such as Apple Music, Spotify and YouTube shall be considered a Major Release for purposes of this license and shall be subject to the below terms for Major Releases.
2) Major Releases: For Recordings to be distributed or released via a Major Label or Qualifying Independent Label, or any Minor Release that exceeds an aggregate of one million (1,000,000) streams on Digital Service Providers (DSP’s) such as Apple Music, Spotify and YouTube (each such release, a "Major Release"), you shall be required to:
(a) Contact us at promptly to seek clearance for use of the Sample on a Major Release;
(b) Provide for a 50/50 split of any Advances, Producer Royalty and Publishing, including for the avoidance of doubt, in relation to any so-called 'synch licenses'; and
(c) Provide [us/the creator of the applicable Sample] with Co-Producer credit on the liner notes of any singles or albums (in any configuration), in advertisements, and wherever metadata permits.
3) Synch Placements: Contact us immediately.
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