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Music Licensing Contract for Malaysia

Music Licensing Contract Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the terms and conditions for licensing musical works. This document outlines the rights granted, usage permissions, territorial scope, and financial terms between the rights holder and the licensee. It incorporates provisions from the Malaysian Copyright Act 1987 and related regulations, ensuring compliance with local intellectual property laws while facilitating commercial exploitation of musical works. The agreement includes detailed specifications for royalty calculations, reporting requirements, quality control measures, and dispute resolution mechanisms in accordance with Malaysian jurisdiction.

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Music Licensing Contract

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What is a Music Licensing Contract?

The Music Licensing Contract serves as a crucial legal instrument in Malaysia's music industry, facilitating the authorized use of musical works while protecting intellectual property rights. This document is essential when a party wishes to obtain legal permission to use copyrighted music for various purposes, including broadcasting, public performance, digital distribution, or synchronization with visual media. The agreement must comply with the Malaysian Copyright Act 1987 and related regulations, including the Copyright (Licensing Body) Regulations 2012. It's particularly relevant in today's digital age where music licensing spans multiple platforms and territories. The contract typically details the scope of rights granted, territory limitations, duration, royalty structures, and reporting requirements, while ensuring compliance with Malaysian copyright law and international treaties.

What sections should be included in a Music Licensing Contract?

1. Parties: Identification of the licensor (rights holder) and licensee, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, ownership confirmation of the musical works, and purpose of the license

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Musical Works', 'Territory', 'License Period', 'Royalties', etc.

4. Grant of License: Specific rights being granted, including type of use, territory, and duration

5. License Fee and Royalties: Payment terms, royalty rates, calculation methods, and payment schedules

6. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

7. Representations and Warranties: Declarations regarding ownership, right to license, and non-infringement

8. Obligations of the Licensee: Specific requirements for use of the licensed music, reporting, and compliance

9. Quality Control: Standards for use of the musical works and maintaining their integrity

10. Intellectual Property Protection: Provisions for protecting the licensed music and handling infringement

11. Confidentiality: Protection of confidential information shared during the agreement

12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

13. General Provisions: Standard clauses including notices, amendment procedures, and severability

What sections are optional to include in a Music Licensing Contract?

1. Sub-licensing Rights: Include when the licensee is permitted to sub-license the music to third parties

2. Digital Distribution: Include for licenses involving digital platforms and streaming services

3. Synchronization Rights: Include when licensing music for use with visual media

4. Live Performance Rights: Include when granting rights for public performance or concert use

5. Territory-Specific Requirements: Include when the license covers multiple territories with specific requirements

6. Moral Rights: Include specific provisions regarding moral rights protection under Malaysian law

7. Marketing and Promotion: Include when the license includes rights for promotional use

8. Audit Rights: Include detailed audit provisions for high-value or complex licensing arrangements

What schedules should be included in a Music Licensing Contract?

1. Schedule 1: Licensed Musical Works: Comprehensive list of all musical works covered by the license, including titles, composers, and registration numbers

2. Schedule 2: Royalty Rates: Detailed breakdown of royalty rates for different types of use and territories

3. Schedule 3: Reporting Requirements: Templates and specifications for usage reporting and royalty calculations

4. Schedule 4: Technical Specifications: Technical requirements for music delivery, format specifications, and quality standards

5. Schedule 5: Approved Use Cases: Specific examples and guidelines for permitted uses of the licensed music

6. Appendix A: Copyright Registrations: Copies of copyright registrations and ownership documentation

7. Appendix B: Territory List: Detailed list of territories covered by the license and any territory-specific requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions








































Clauses






























Relevant Industries

Entertainment

Media & Broadcasting

Digital Technology

Film & Television

Hospitality

Retail

Advertising

Gaming

Events & Live Entertainment

Education

Relevant Teams

Legal

Rights Management

Business Affairs

Content Acquisition

Licensing

Royalty Administration

Compliance

Copyright Administration

Digital Operations

Finance

Relevant Roles

Legal Counsel

Rights Management Director

Licensing Manager

Music Publisher

Copyright Administrator

Business Affairs Director

Content Acquisition Manager

Digital Rights Manager

Music Supervisor

Intellectual Property Lawyer

Contract Administrator

Entertainment Lawyer

Royalty Manager

Compliance Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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