Terms and Conditions & Right of Recall
- Parties & Rights:
- Flip Entertainment, Johan Huizingalaan 400, 1066JS, Amsterdam, The Netherlands, using the label name “flipmusic.net“ (hereinafter referred to as flipmusic.net) offers the possibility to license either individual or several musical works and musical recordings (hereinafter referred to as “the music”) through the internet site flipmusic.net (hereinafter referred to as “online shops”). The music is also being offered as a full music database including a search engine of DVD or for full download (hereinafter referred to as “database software”). The customers of flipmusic.net are any parties, companies or individuals who want to purchase such music licenses or acquire the right to synchronise the music for usage in any type of media production (hereinafter referred to as: “the customer”).
- The copyrights of the music offered by flipmusic.net are protected by UK copyright law, specifically the Copyright, designs and Patents Act 1988. The customer can either purchase various non-exclusive music licenses or, in the case of TV or Film productions, in-store radio, radio streams or any other form of public viewing, request a synchronisation license either through the online shops or the database software. Such licenses include all project based rights of usage according to the terms of the chosen license. By purchasing such a license the customer does not gain ownership on the music. The license and the according rights of usage are only valid after full payment has been remitted by the customer or at such time that a license agreement for synchronisation use has been signed. The customer is not allowed to use the music without having purchased or signed a valid license.
- In the case of a royalty free license purchase, the music is free from third-party claims or rights (e.g. collection or performance rights societies, musicians, composers and producers) and the customer only has to purchase the license at flipmusic.net and no other cost will apply. In the case of a synchronisation agreement the client will be required to pay the relevant synchronisation fee and complete the relevant cuesheet.
The customer is not allowed to grant sub-licenses to any third party other than related to the project the license has originally been purchased for. The customer needs to specify the project for which the license has been obtained with a project name and the project owner (e.g. the client of the customer, for whom the customer is producing any media content).
- The music may only be used by the customer for a project within the framework of one of the license groups as listed in Exhibit A. Any usage that is outside of the given framework of licenses stated in Exhibit A requires the previous written consent of flipmusic.net.
- Scope of Rights of Usage:
- Subject to the license terms given in Exhibit A, the concession of rights of usage also comprises the right to convert the musical works technically into the required format according to the particular technical requirement of a project, to store and to compress it, an/or to unpack it. Furthermore, it is allowed – taking into account the personal rights of the artist and creator – to shorten the musical works.
- No other editing or changes to the musical works will be allowed. This includes, but is not limited to remixes, samples, cover versions, changes to the content of the works, modifications and adaptations. In all other cases, the copyright and ancillary copyright to the musical works also with permitted adaptations and modifications remain with the relevant copyright holder. Therefore, modified musical works may not be registered with a copyright society, distributed or sold by the customer under his own name.
- In addition, the musical works may not be used, circulated or made available as music archives or music data banks. It is also prohibited to offer the musical works to third persons through exchange markets or electronic peer-to-peer file sharing networks as downloads or to make it available in any other form.
- The customer is not permitted to reproduce musical works or parts thereof for the purposes of resale as a stand-alone product or relicensing; either in their original form or as an adaptation thereof.
- Furthermore, usage that contravenes the laws of the United Kingdom, the European Union, or is harmful to the public order or to public morality is not allowed. This applies especially for uses which are racist or which are in violation of the constitution.
- In the case of violation of the above licensing conditions, flipmusic.net reserves the right to initiate proceedings under civil and criminal law.
- The customer may cancel any music license within 14 days of the purchase. A simple written notice to the flipmusic.net team will suffice.
- With the cancellation of a purchase the customer loses the rights of usage associated with the cancelled license.
- Final Provisions:
- This agreement shall be exclusively subject to the laws of the United Kingdom. The place of jurisdiction for any disputes shall be London.
- Should any provision of this agreement be or become void or not executable, the effectiveness of the remaining agreement shall not be affected thereby. Such void or not executable provision shall be replaced by a provision which best resembles the economic purpose of the original provision.
- The pictures and graphics for some of the album artwork come from www.bigstockphoto.com
Exhibit A: “License Overview”
Unless subject to a specific synchronisation agreement, the musical works may only be used by the licensee for one project only (see the following definitions) within one of the following licence groups, which the licensee selects when ordering.
Licenses declared as "private" exclude any kind of commercial use and monetization.
- License group: Apps & Games (License code: AG)
- Definition: any use, including reproduction, within a video game / app / software application as background music, title music and embedded video sequences. This also includes the secondary exploitation in the form of gameplay trailers / ingame sequences for all media. It does not include the use within dedicated commercials or advertising trailers (online, radio & TV).
- Examples: any form of computer games, apps and software applications. Filmed sequences from the applications are part of the secondary exploitation right.
- Restrictions: Project-related, temporal and spatially unlimited depending on the development budget.
- Project-relatedness: A project refers to the software that runs alone. Extensions and ports of the software to other software platforms (PC, game console, mobile device, etc.) are included in the license as long as they contain the same product. New editions and reproduction within the framework of compilations are also permitted. A license extension is required for stand-alone extensions (stand-alone add-ons), successor products (sequels) and ports to other media (e. g. film conversion).
- License group: Editorial videos (License code: VE)
- Definition: any editorially embedded music usage that is synchronized to an image/video and does not take place within a computer game, a dedicated TV production or usage as an advertising spot/advertising trailer (online & TV).
- Examples: Image films, corporate films, presentation films.
- Restrictions: Project-related, number of copies in case of duplication (e. g. DVD), number of language versions, type of editorial use (editorial only, editorial presentation film).
- Project-relatedness: A project is the final audiovisual production. If the image or audio production changes, a license extension is necessary. The final audiovisual production may be used in various media (online, events, DVD).
- Licence group: Radio or cinema advertising or online or POS (license code: AD)
- Definition: any use in a commercial/advertising trailer in the aforementioned media.
- Examples: Commercial for product advertising in radio, cinema, YouTube or Point of Sales, online in general.
- Restrictions: Project-related, media, spatial and temporal limitation depending on the size of the advertised company (number of employees).
- Project-relatedness: A project is the final audiovisual production. If the image or audio production changes, a license extension is necessary.
Other types of use such as TV productions, in-store radio, radio streams, public viewing, school and university rates, etc. will be permitted via a synchronisation agreement which will be available on request.