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Sampling License for New Zealand

Sampling License Template for New Zealand

A Sampling License is a legal agreement governed by New Zealand law that grants permission to use portions of copyrighted musical works, sound recordings, or other audio material in new creative works. This document outlines the specific terms and conditions under which samples may be used, including payment terms, attribution requirements, and usage limitations. It complies with New Zealand's Copyright Act 1994 and related legislation, providing a comprehensive framework for both rights holders and creators to protect their interests while enabling creative collaboration.

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What is a Sampling License?

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.

What sections should be included in a Sampling License?

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

What sections are optional to include in a Sampling License?

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

What schedules should be included in a Sampling License?

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

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

New Zealand

Publisher

Ƶ

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
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

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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