MASTER CLEARANCE

 

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:

RESTRICTIONS

  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.

  6. The Licensee acknowledges and agrees 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.

COMMERCIAL USAGE

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.

However, 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 considered a Major Release.

You are required to:

  • Contact us in writing within seven (7) days of any such release;

  • Disclose the Sample’s use and provide credit information;

  • Provide documentation of the DSP streaming counts upon request.

2) Major Releases

For Recordings to be distributed via a Major Label or Qualifying Independent Label, or any Minor Release that exceeds 1,000,000 streams (each a “Major Release”), you shall be required to:

  • Contact us in writing within seven (7) days to seek clearance;

  • Provide for a 50/50 split of any advances, producer royalties, and publishing, including for synch licenses;

  • Grant Co-Producer credit to [us/the applicable Sample creator] on liner notes, advertisements, and wherever metadata permits.

ADDITIONAL PROVISIONS

Work-for-Hire/Transfer Situations

If you use the Sample in a beat or Recording that is later sold or transferred to a third party (e.g., artist or label) under a work-for-hire or similar arrangement, you are responsible for ensuring that the receiving party is made aware of and agrees to all terms of this license, including the revenue sharing, crediting, and clearance obligations described above.

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 other legal remedies.

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 upon request.

CONTACT INFORMATION

houseofwavesmusiclibrary@gmail.com or here.