1. Grant of Rights The Licensor grants the Licensee exclusive rights to use the Instrumental for the following purposes: • Unlimited commercial recordings or broadcasts, including physical sales, digital downloads, and streaming platforms (e.g., Spotify, Apple Music, Tidal, YouTube Music). • Monetised streaming and content creation across digital platforms, including social media and video-sharing sites, provided the Licensee complies with platform guidelines. • Live performances and public events. • Film, TV, video games, and commercials (written consent may be required as detailed in Section 7). Licensor Rights: • The Licensor retains copyright to the Instrumental and the right to modify, alter, or record the Instrumental for non-competitive purposes. • The Licensor relinquishes the ability to resell or license the Instrumental to any other party.
2. Deliverables Upon purchase of the exclusive rights, the Licensee will receive the following files: • MP3 file of the Instrumental. • WAV file of the Instrumental (high-quality, uncompressed audio). • Trackout stems of the Instrumental (individual audio tracks for each element of the Instrumental). Note: • The files provided are not mixed or mastered. It is the Licensee's responsibility to arrange for mixing and mastering as needed for final production.
3. Restrictions The Licensee must comply with the following restrictions: • Resale or Redistribution: The Licensee may not resell, sub-license, or redistribute the Instrumental in any form. • Alterations: Modifications to the Instrumental are allowed, but the Licensee may not distribute the Instrumental, or any derivative works, as standalone music without prior written consent from the Licensor.
4. Credit Requirements The Licensee agrees to give proper credit to the Licensor as follows: • On all platforms and media: "Produced by [BARRY.]" or similar acknowledgment must be displayed in descriptions, liner notes, credits, or metadata of any project that includes the Instrumental. • Streaming Platforms: The Licensor must be credited in metadata fields available on platforms such as Spotify, YouTube, and Apple Music. Failure to provide proper credit will constitute a breach of this agreement.
5. Sample Clearance If the Instrumental includes any samples: • The sequence and arrangement created by the Licensor is considered original work. • The Licensee is solely responsible for obtaining clearance for any samples used in the Instrumental. • The Licensor is not liable for any legal disputes related to uncleared samples.
6. Performance Royalties The Licensor retains the right to collect performance royalties through their Performing Rights Organisation (PRO) for public performance, radio play, and streaming revenue. • The Licensee must ensure all relevant PRO information is included during registration of songs using the Instrumental.
7. Delivery and Usage Requirements • The Licensee must supply the Licensor with at least one (1) copy of the final recording made using the Instrumental, in physical or digital format, upon release. • The Licensee must notify the Licensor of any major commercial use (e.g., with a record label) generating gross revenue exceeding $1,000,000 AUD
8. Streaming and Monetisation The Licensee may use the Instrumental for the following monetised purposes: • Streaming platforms such as Spotify, Apple Music, Tidal, and others, with no limit on streams or revenue. • YouTube and other video platforms: The Licensee may monetise videos containing the Instrumental. However, the Licensee must ensure copyright claims do not block or suppress the Licensor's rights. • Social Media Platforms (e.g., TikTok, Instagram, Facebook): The Instrumental may be used for promotional and monetised content.
9. Broadcast and Licensing for Media Written consent from the Licensor is required for the following uses: • Radio broadcasts • Television advertisements or programmes • Commercial advertisements • Video games or apps • On-hold or in-house background music • Film soundtracks If any of these uses are planned, an additional agreement or licence may be required.
10. Refund Policy All sales are final. • The Instrumental and accompanying files are delivered "as-is" and cannot be returned or exchanged. • In the rare event of a technical issue, the Licensor will work with the Licensee to resolve it.
11. Dispute Resolution In the event of a dispute: • Both parties agree to first attempt resolution through good-faith negotiation. • If a resolution cannot be reached, disputes will be settled through binding arbitration in the Licensor's jurisdiction.
12. Indemnification The Licensee agrees to indemnify and hold harmless the Licensor against any claims, liabilities, or damages resulting from the misuse of the Instrumental or failure to clear samples.
13. Optional Services The Licensor can provide additional services such as mixing and mastering for an agreed-upon fee. This service is not included in the purchase of the Instrumental but can be discussed as a separate arrangement
14. Agreement Acceptance By purchasing this Instrumental and on receiving this contract via email, the Licensee automatically agrees to the terms outlined in this agreement. Signed by Licensor:[BARRY./ BARRY.STREET.CO]
Terms and Conditions for Digital Art Sales and Licensing
1. Agreement to Terms
These Terms and Conditions ("Agreement") govern the relationship between [BARRY.] (Artist) and the Buyer ("you"). By purchasing, commissioning, or licensing digital art from us, you acknowledge and agree to comply with these terms.
2. Definitions
Digital Art: Any artwork created digitally and delivered electronically (e.g., PNG, JPG, PSD, PDF, etc.).
Commissioned Art: Custom digital artwork requested and paid for by the Client.
Personal Use: Non-commercial use of the artwork, such as private printing, personal display, or social media sharing (with proper credit).
Commercial Use: Use of artwork for any profit-generating or promotional purposes, such as business branding, merchandise, advertising, or resale.
NFTs: Non-Fungible Tokens, digital assets linked to blockchain technology.
AI Usage: Use of the artwork for training, input, or integration in Artificial Intelligence systems.
3. Copyright and Ownership
3.1 Artist’s Rights
The Artist retains full copyright to all artwork created, including commissioned work, unless explicitly agreed otherwise in writing.
The Artist reserves the right to:
Display and share the artwork in portfolios, exhibitions, and promotional materials.
Create derivative works (variations or extensions of the original artwork).
License non-commissioned work to other parties in the future.
3.2 Client Rights
Upon payment, the Client is granted specific usage rights depending on the license purchased:
Personal License: Non-commercial use only.
Commercial License: Allows usage for financial gain as defined in Section 4.
Ownership of the original files remains with the Artist.
3.3 NFTs and AI Restrictions
The Client may not tokenize, mint, or sell the artwork as an NFT without an NFT License Agreement approved by the Artist.
The artwork may not be used in training, input, or datasets for Artificial Intelligence (AI) without written consent and licensing.
Unauthorized use for NFTs or AI training will result in immediate legal action and/or licensing penalties.
4. Licensing Tiers
4.1 Personal License
Permits:
Personal use, including private printing and social media posting (with credit).
Use as desktop wallpapers, avatars, or private displays.
Prohibits:
Resale, redistribution, or monetization of the artwork.
Commercial usage or integration into NFTs and AI systems.
4.2 Commercial License
Permits:
Use in promotional materials (ads, websites, social media).
Integration in products for sale (e.g., apparel, books, or branding materials).
Conditions:
Licensing fees and terms are subject to negotiation based on scope.
Artwork credit is still required in visible formats (e.g., "Art by [BARRY.]").
4.3 Exclusive Rights
If the Client requires exclusive rights to the artwork (ownership and control of distribution), this must be negotiated in a separate Exclusive License Agreement, and additional fees will apply.
5. Payment Terms
All prices are listed in [AUD].
Payment is required upfront, or per an agreed-upon payment schedule for large commissions
6. Revisions and Delivery
Delivery Format: Artwork will be delivered digitally in agreed formats (e.g., PNG, JPG, etc.) to your specified email or cloud storage link.
Timeline: Delivery timelines will be provided during commission discussions.
7. Refund and Cancellation Policy
No Refunds: Payments are non-refundable once the artwork process has started.
Cancellation: If the Client cancels mid-project, the Artist retains any completed portions of the artwork and payment made thus far.
8. Prohibited Uses
You may not:
Remove or alter the Artist’s watermark/signature.
Claim authorship or ownership of the artwork.
Resell, redistribute, or use the artwork in any way not outlined in your license agreement.
Use the artwork in association with illegal, defamatory, or harmful content.
9. Credit and Attribution
Proper credit to the Artist must accompany the artwork in public displays:
Example: "Artwork by [BARRY.]" or a direct link to the Artist’s website/social media.
10. Dispute Resolution
Both parties agree to resolve disputes through mediation before taking legal action.
Any legal disputes shall be handled in the jurisdiction of [Australia/NSW].
Legal fees and costs incurred due to copyright infringement or breach of this Agreement will be the responsibility of the offending party.
11. Updates to Terms
The Artist reserves the right to amend these Terms and Conditions at any time. Updated terms will be posted at [BARRY./Terms and Conditions] and take effect immediately.
12. Contact Information
For any questions or clarifications, please contact:
