Exclusive Rights Contract - This License agreement is instantly active upon “Moment of Purchase” by and between (purchaser(s)) and (Xavier Santos Hernandez) Licensor warrants that it controls the mechanical rights in and to the musical work being sold to Licensee as of and prior to the Effective Date of the successful payment for this lease.
The Licensee and Licensor have agreed to the following terms:
1. Master Use. The Licensor hereby grants to Licensee an exclusive License to record vocal synchronization to the Composition partly or in it's entirety and substantially in it's original form (``Master Recording``). The Licensor guarantees that the Composition will not be sold on to any third parties.
2. Mechanical Rights. The Licensor hereby grants to Licensee a exclusive License to use Master Recording in the reproduction, duplication, manufacture, and distribution of phonograph records, cassette tapes, compact disks, internet downloads, other and miscellaneous audio and digital recordings, and any lifts and versions thereof (collectively ,”Recordings”) worldwide for up to the pressing of a total of UNLIMITED PROFIT copies of such Recordings or any combination of such Recordings. Additionally, Licensor shall be permitted to distribute UNLIMITED internet downloads for non-profit and non-commercial use.
3. Performance Rights. The Licensor hereby does grant Licensee a exclusive License to use the Master Recording in any performances, shows, or concerts. The Licensor ( Xavier Santos Hernandez ) is also permitted to earn royalties as well as any due compensation for (past current future) ticket sales merchandise plus all other means of related income, using the Master Recording.
4. Synchronization Rights. The Licensor hereby does grant the Licensee a exclusive License to perform, record on film, video, digital animations, and video games (collectively or independently).
5. Broadcast Rights. The Licensor hereby does grant the Licensee a exclusive license to broadcast or air the Master Recording on any radio stations or through station channels, or revenue generating channels respectively.
6. Credit. Licensee shall acknowledge the original authorship of the Composition appropriately, reasonably and visibly in all media and performance formats by acknowledging the relevant author known as Xavier Santos in writing where possible and vocally otherwise. Where a project is commercially released and registered with a performance rights organisation, Licensor shall be acknowledged as a Writer. (Current BMI Member With Copyrights Spanning From 2008 to 2017).
7. Sampling. The Licensee agrees that the Composition is purchased as a “No Fault” whereby the clearing of any sampled materials is the responsibility of Licensee (Purchaser).
8. Compensation. Payment for this License is non-refundable. If the Licensee fails to account to the Licensor, timely and complete the payments provided for hereunder, the Licensor shall have the right to terminate this License upon written notice to the Licensee. Such termination shall render the recording, manufacture and/or distribution of Recordings for which monies have not been paid subject to and actionable as infringements under applicable law (US Copyright Act of 1976).
9. Term. Executed by the Licensor and the Licensee, this License agreement is to be effective as for all purposes as of the Effective Date and shall not expire.
10. Indemnification. Licensee agrees to indemnify and hold Licensor harmless from and against any and all claims, losses, damages, costs, and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or resulting from a claimed breach of any of Licensee’s representations, warranties or agreements hereunder.
11. Miscellaneous. This License is non-transferable and is limited to the Composition specified, constitutes the entire agreement between the Licensor and the Licensee relating to the Composition, and shall be binding upon both Licensor and Licensee and their respective successors, assigns, and legal representatives.
12. Governing Law. This License is governed by and shall be construed under the laws of (United States of America), without regard to the conflicts of laws and principles thereof.
13. An Exclusive rights contract does not grant full ownership. Royalties on all revenues generated in relation to the Instrumental will need to be paid. Xavier Santos retains full ownership of the original Instrumental and only agreeing to allow exclusive use under the conditions of this agreement.
The purchaser of this agreement acknowledges this contract takes place instantaneously. This means at the moment of payment and although we do offer written contracts it is not necessary and there for is being waived.
Any violations of this exclusive rights contract is an infringement, US Copyright Act of 1976. Legal actions will be pursued.
- Xavier Santos Productions
Have any questions, comments or interested in making an offer? Contact us at anytime, we would love to hear from you.