The Sampling License is essential in today's digital creative landscape where the use of existing audio material in new works has become increasingly common. This document is specifically designed for use in New Zealand, complying with local copyright law and industry standards. It should be used whenever an artist, producer, or content creator wishes to legally incorporate portions of existing copyrighted works into new creative projects. The Sampling License covers crucial elements including the scope of permitted use, territory restrictions, royalty arrangements, and attribution requirements. It provides legal protection for both the original rights holders and the sampling artists, ensuring clear understanding of rights and obligations under New Zealand jurisdiction.
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1. Parties: Identification of the licensor (rights holder) and licensee (sampler), including full legal names and contact details
2. Background: Context of the agreement, identification of the original work(s), and general purpose of the sampling license
3. Definitions: Definitions of key terms including 'Sample', 'Derivative Work', 'Commercial Use', 'Territory', and other relevant terms
4. Grant of Rights: Specific rights granted to sample the work, including scope, territory, and duration
5. Restrictions and Limitations: Specific limitations on use of samples, including any prohibited uses or modifications
6. Payment Terms: Royalty rates, advance payments, accounting periods, and payment methods
7. Credit and Attribution: Requirements for crediting the original work and artist
8. Warranties and Representations: Warranties regarding ownership of rights and authority to license
9. Term and Termination: Duration of the license and circumstances for termination
10. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices
1. Exclusivity: Include when the license grants exclusive rights to use specific samples
2. Sub-licensing Rights: Include when licensee is permitted to sub-license the samples to third parties
3. Quality Control: Include when licensor requires approval rights over the use of samples
4. Marketing Rights: Include when addressing use of licensor's name/likeness in promoting derivative works
5. Technical Specifications: Include when specific technical requirements for sampling need to be detailed
6. Territory Restrictions: Include when the license is limited to specific geographical regions
1. Schedule 1 - Original Works: Detailed list and description of the original works authorized for sampling
2. Schedule 2 - Approved Samples: Specific portions/timestamps of the original works approved for sampling
3. Schedule 3 - Payment Schedule: Detailed breakdown of payment terms, royalty rates, and calculation methods
4. Schedule 4 - Technical Requirements: Technical specifications for sampling, including format requirements and quality standards
5. Appendix A - Credit Requirements: Specific format and placement requirements for credits and attributions
Authors
Relevant legal definitions
Clauses
Relevant Industries
Music and Recording
Digital Entertainment
Media Production
Advertising
Film and Television
Gaming
Social Media Content Creation
Live Entertainment
Music Publishing
Digital Broadcasting
Relevant Teams
Legal
Rights Management
Creative Production
Content Development
Artist Relations
Music Supervision
Licensing Operations
Digital Production
Audio Production
Copyright Administration
Relevant Roles
Music Producer
Legal Counsel
Rights Management Officer
Content Creator
Artist Manager
Music Supervisor
Licensing Manager
Copyright Administrator
A&R Representative
Creative Director
Audio Engineer
Digital Content Producer
Entertainment Lawyer
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