Derivation
This is a master use and sync audio copyright license agreement. It was drafted for the artist as part of a multipart and multiparty deal for the production of theme music to be synced with streaming video.
Scheme
Beginning with the most subordinate contract and working backwards up the chain of relationships, the artist subcontracted with a producer for creation of the audio, and the producer in turn subcontracted with its buyer for the same, which originally contracted with the programmer that sought the audio for theme music over streaming video. This license was incorporated into the serial production contracts by reference and attached to them as an exhibit. The artist retained ownership of the copyright as an independent contractor, the product specifically not made as work for hire, but passed a limited license through the producer up to the buyer and programmer via their respective production contracts. The various licensees were specifically contemplated in subordinate licenses as third-party licensees.
Design
The license was designed for use in a multiparty arrangement. Transfer and assignment was limited to named and contemplated parties and affiliates. The licenses and production contracts were co-dependent, though the license would supersede in the event of conflict. Please note that therefore the license contains only a fraction of all provisions that defined the contractual nature of the relationships, and that some references in the license are without an included source. The arrangement allowed the client artist to achieve stated goals:
- receive the work through cascading subcontracts;
- retain ownership of the copyright and a measure of discretion over usage; and
- pass a limited license up the cascade, but stop transfer at its end.
Attention was given to the disaggregation of component parts to treat the digital product at a granular level.
Generic party terms are indicated by code blinks.
Please also note that the LICENSE.md document is a [CC0] (http://creativecommons.org/publicdomain/zero/1.0/) license for the copyright license itself. The LICENSE.md document is not the copyright license.
Versions
All welcome:
- Questions
- Suggestions
- Improvements
- Modifications to suit other circumstances
- Repurposing to suit new projects
Disclaimer
Neither I, Justin DuClos, nor J DuClos LLC assumes any responsibility for any consequence of using or relying on these documents, and responsibility is expressly disclaimed. These documents have been prepared for informational purposes only and are not intended to and do not constitute legal advice, create an attorney-client relationship, or equal an advertisement or solicitation of any kind. Each situation is highly fact specific and requires knowledge of state, federal and international law, and therefore any person intending to use any language presented here for any reason should seek legal advice from an attorney licensed in the relevant jurisdictions before proceeding. Both I and J DuClos LLC expressly disclaim any and all liability with respect to actions or omissions based on this repository and website, and the contents thereof.