PHONOFREQ PUBLISHING LICENSE AGREEMENT
Phonofreq Publishing offers three easy, straightforward options to license our musical works. Contact us if you’re not sure which license you need.
a. MUSICAL WORK: a composition and sound recording on which the composition is embodied.
b. LICENSEE: the person or company who wishes to obtain a license for use of the Musical Works(s) in any manner as set as set forth below in paragraphs 2-3.
c. LICENSOR: Phonofreq Publishing, 4634 SE Yamhill St. Portland, OR 97215.
2. LICENSE OPTIONS
We offer three license tiers to meet your needs:
a. Basic License: LICENSEE may use the Musical Works in a single personal or small business project for use on non-broadcast platforms including, but not limited to,
YouTube, Vimeo, Facebook, Instagram, Tik-Tok, Twitch (Monetization), Website (Background to Web page, excludes advertising), Crowdfunding promo videos, Non-Broadcast Audio Visual Production, Podcasts, Music on hold, and Free Mobile Apps.
b. Premium License: LICENSEE may use the Musical Works in a single commercial project for use in various media including, but not limited to, Film, Television, Cable, Radio, Advertising, Audiobooks, Games, Paid Mobile Apps, Commercial Events, Theatrical Performances, and Trade Shows.
c. Subscription / Blanket License: LICENSEE may download UNLIMITED Musical Works and use them in as many projects as they like while they are still a subscriber. Upon termination of a subscription / blanket license, the LICENSEE may not download Musical Works, use, or reuse any Musical Works already downloaded without obtaining a new license. The licenses for Musical Works used by LICENSEE, and embodied within LICENSEE’s projects during the term of the license, remain in effect for those specific projects in perpetuity.
3. Grant of Rights
You are purchasing a license to use our Musical Works. You do not own the Musical Works. The LICENSOR grants LICENSEE certain rights in accordance with the licensing tier selected by LICENSEE as follows:
a. Basic License: The LICENSOR grants LICENSEE worldwide non-exclusive perpetual license to use, copy, edit, modify, manipulate, and synchronize the Musical Works in a single independently authored production/project, as set forth above, in paragraph 2(a), in any type of non-broadcast media now known or hereafter devised.
b. Premium License: The LICENSOR grants LICENSEE worldwide non-exclusive perpetual license to use, copy, edit, modify, manipulate, and synchronize the Musical Works in a single independently authored broadcast and/or commercial production or project, as set forth above, in paragraph 2(b), in any type of media now known or hereafter devised.
c. Subscription / Blanket License: The LICENSOR grants LICENSEE worldwide non-exclusive license to use, copy, edit, modify, manipulate, and synchronize the Musical Works in multiple independently authored productions/projects, of any nature, in any type of media now known or hereafter devised, subject to the limitations set forth above in paragraph 2(c), regarding termination of a subscription / blanket license.
4. Limitation of Rights
a. The LICENSEE may not claim authorship or ownership of the Musical Works
b. The LICENSEE may not reuse the Musical Works in any other projects without purchasing additional licenses.
c. The LICENSEE may not transfer, share, sub-license this AGREEMENT to any other party without the express written consent of the LICENSOR.
d. The LICENSEE may not copy, duplicate, or allow any other party to use the Musical Works for use in any other productions.
e. The LICENSEE may not resell, trade, or exploit the Musical Works for profit in any manner, and
f. The LICENSEE may not use the Musical Works to create derivative musical works of any kind.
5. PUBLIC PERFORMANCE RIGHTS
Notwithstanding any other terms hereunder, the License does not include a waiver of public performance royalties to be paid by a broadcasting or streaming entity. When applicable, LICENSEE agrees to timely file cue sheets with LICENSOR’s performing rights organization (BMI). LICENSOR shall be entitled to the full writer’s and publisher’s shares of any public performance royalties.
6. Mechanical Rights
The rights granted in this AGREEMENT do not include mechanical reproduction rights. The LICENSOR may not re-record, duplicate, release or distribute the Musical Works incorporated within the LICENSEE’s production in any physical or downloadable medium, now inexistence or yet to be invented. Mechanical rights, if desired, may be negotiated as an addition to this AGREEMENT.
The Territory of this AGREEMENT is throughout the entire Universe.
8. Term and Effective Dates
This LICENSE AGREEMENT shall last in perpetuity, effective on the date the license is purchased.
9. REPRESENTATIONS AND WARRANTIES
a. LICENSOR and LICENSEE hereby represent and warrant that each is not legally prohibited from entering into this AGREEMENT and that such entry shall not violate the rights of any third party or contract, agreement, arrangement or understanding to which either the LICENSOR or the LICENSEE is party.
b. LICENSOR represents that it is the sole owner of the Musical Works, including the sound recordings and underlying compositions, and the associated copyrights.
10. Governing law
This AGREEMENT shall be governed by the laws of the State of Oregon, USA. All disputes arising from this contract shall be settled by binding arbitration, conducted in accordance with the rules of the American Arbitration Association. Any such arbitration shall be heard in Portland, Oregon, or in the nearest available location. Nothing, however, in this clause shall preclude an action under 17 U.S. Code Title 17— Copyrights, if necessary.
12. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties. By purchasing this license, the licensee agrees to all the terms contained herein.