Terms and Conditions for Free Beats
THIS LICENSE AGREEMENT (“License”) is made on the date of download for the Composition License selected by Licensee ("Effective Date") by and between you (“Licensee”) and Jamplified Records Limited (“Licensor”). Licensor warrants that it owns or controls all intellectual property rights in and to the musical work identified and selected by Licensee hereunder ("Composition") as of and prior to the date first written above.
This License incorporates the terms and conditions governing the licensing of the Composition to Licensee for use in accordance with this License.
The Licensor hereby grants to Licensee a license in accordance with Chart below, to record vocal synchronization to the Composition partly or in its entirety and substantially in its original form for the creation of a new recording ("Master Recording" or “New Song”)
All licenses are non-transferable.
Upon Licensee agreeing to the terms and conditions of this License, the Composition will be delivered to Licensee along with a split/credit sheet reflecting the names and ownership percentages of the writers of the Composition. Once the Licensee has created the Master Recording and obtained an ISRC code for same, Licensee will deliver to Licensor (a) the ISRC code, (b) a copy of the Master Recording, (c) the split/credit sheet provided to Licensee with the lyric percentage splits information completed, and (d) a list of the names and addresses of the owners of the Master Recording and their ownership percentages, if any.
Ownership and Rights
Copyright
Notwithstanding the grant by Licensor of any category of License hereunder, Licensor maintains and retains 100% ownership and intellectual property rights in the Composition.
Mechanical Rights
The Licensor hereby grants to Licensee a license to use the Composition embodied in the Master Recording in the reproduction, duplication, manufacture, and distribution of phonograph records, cassette tapes, compact disk, digital downloads, other miscellaneous audio and digital recordings, and any lifts and versions thereof in accordance with the type of license granted to Licensee specified in the Chart below (collectively, the "Recordings", and individually, a "Recording") conditional upon the payment to the Licensor on a quarterly basis, a sum equal to 100% of the prevailing US mechanical statutory rate applicable at the date of payment by Licensee for the License, for each unit of the Master Recording sold/exploited.
Performance Rights
The Licensor hereby grants to Licensee a non-exclusive license to use the Master Recording in Unlimited non-profit performances, shows, or concerts for the Term of the applicable License, in accordance with the chart below.
Synchronization Rights
The Licensor hereby grants limited synchronization rights in accordance with the chart below.
The Licensee shall not synchronize, or permit third parties to synchronize, the Beat or New Song with any audiovisual works EXCEPT as expressly provided for use in one (1) Music Video. This restriction includes, but is not limited to, use of the Beat and/or New Song in television, commercials, film/movies, theatrical works, video games, and in any other form on the Internet which is not expressly permitted herein.
Samples
The Licensee shall not have the right to license or sublicense any use of the Beat or of the New Song, in whole or in part, for any so-called “samples”.
Publishing
Save as otherwise expressly stated herein, Licensor grants Licensee 0% of publishing rights in and to the Composition and Licensor maintains all publishing rights therein.
Credits
The Licensee must give production credit to the Licensor as indicated in the credits file supplied with the Composition. If for any reason, this file was not delivered to the Licensee at the time of download, the Licensee must obtain these details from the Licensor prior to Licensee’s usage of the Composition.
Licensee shall acknowledge the original authorship of the Composition appropriately and reasonably in all media and performance formats (as per the credits file sent with the beat) in writing where possible and vocally otherwise.
The Licensee must give production credit to the Licensor for any and all distributed material (also on online platforms) in substantially the manner stated on the split/credit sheet delivered to Licensee hereunder.
This must be done in a clearly visible and legible font in no less prominent a position than any other credit, on the CD booklet or outside cover and in the song/ video descriptions.
Licensee must supply the Licensor with at least one (1) copy of each final recording made using the Composition (download link to [email protected]).
By downloading any of our beats, you automatically agree to the terms and conditions of this License.
Distribution Limitations
The Licensor expressly forbids resale or other distribution of the Composition either as they exist or any modification thereof, except as expressly provided for herein.
Consideration
If the Licensee fails to account to the Licensor, timely complete the payments provided for hereunder, or perform its other obligations hereunder, including having an insufficient bank balance, the Licensor shall have the right to terminate the License upon written notice to the Licensee (email to suffice). Such termination shall render the recording, manufacture and/or distribution of Recordings for which monies have not been paid subject to and actionable infringements under applicable law, including, without limitation, the Jamaica Copyright Act, as amended.
Warranty
Licensee warrants that its contribution to the Master Recording is original and will not infringe any third-party rights including but not limited to any copyright and it shall not be defamatory or derogatory or otherwise bring Licensor into disrepute.
Indemnification
Licensee agrees to indemnify and hold Licensor harmless from and against any and all claims, losses, damages, costs, expenses, including, without limitation, reasonable attorney's fees, arising of or resulting from a claimed breach of any of Licensee's representations, warranties or agreements hereunder.
Audio Samples
3rd party sample clearance is the responsibility of the Licensee.
Miscellaneous
This License is non-transferable and is limited to the Composition selected by Licensee, constitutes the entire agreement between the Licensor and the Licensee relating to the Composition, and shall be binding upon both the Licensor and the Licensee and their respective successors, assigns, and legal representatives.
Governing Law
This License is governed by and shall be construed under the laws of Jamaica, without regard to the conflicts of laws principles thereof.
Term
Executed by the Licensor and the Licensee, to be effective as for all purposes as of the Effective Date first mentioned above and shall terminate upon the expiry of the period set forth in the chart below.
YouTube Policy (content ID)
The Licensor maintains the unlimited, worldwide rights to register the Composition with a content-ID program/institution and be the sole administrator of YouTube rights using such a content ID program. This is necessary and entitles licensor to maintain the administrative and legislative rights to the Composition, in order to be able to ensure non-exclusive and exclusive license owners administrative guidance and license-warranties. The main purpose is to stop people from stealing beats and using/monetizing them in videos without owning a license. Using a content ID program is the only way we can assure that only people with an appropriate beat-license are monetizing their videos rightfully and legally on YouTube. It also protects your videos from receiving fraudulent claims by third parties that claim to own the administrative rights to the beats.
License Chart
MP3 | Yes |
WAVE | No |
Stems (Trackouts) | No |
# of Copies/Units You Can Sell | Unlimited |
Non-profit Performances Allowed | Yes |
Paid Performances Allowed | Yes |
# of Audio Streams (Spotify, Apple Music, etc.) Allowed | Unlimited |
# of Video Streams (YouTube, Vimeo, etc.) Allowed | Unlimited |
Use in your music video | Yes |
TV & Radio Airplay Allowed | Yes |