This page and its contents serves only as an example of a commercial music license granted by David Cutter Music Ltd, it in itself does not serve as a commercial license. Once music is purchased for commercial use, you are able to request a license from David Cutter Music Ltd.
David Cutter Music Ltd - Commercial Music License Example
1. The Commercial Music License grants you, the purchaser, an ongoing, non-exclusive, commercial, worldwide license to make use of the musical work (Item) you have selected, on the following terms.
2. You are licensed to use the Item(s) in one of the following ways (Allowed Use), in a single application (a single product or project):
(a.) Synchronisation with an audio-visual or audio-only work, to create one End Product that incorporates the Item as well as other things, so that it is larger in scope and different in nature than the Item.
(b.) Specific direct playback uses, which are background music for one event, venue or location, one company’s private on-hold music system, or one personal mobile ring-tone.
(c.) Examples of End Products: DVDS, websites, audiobooks, apps, games, online videos (YouTube, Vimeo etc), corporate videos, web promos, live performances, social media.
3. The license includes the right to utilise the Item through communication to the public (performance), display, distribution, and reproduction (but not through Broadcast). Read later clauses for things that are not Allowed Uses.
(a.) All Music licenses are “single application” licenses for one product, one use or one project.
(b.) Examples of downloaded or physical products are downloaded podcasts, apps, downloaded games, downloaded e-books, and DVDs. See the Definitions section to understand what Broadcast means.
(c.) There are no restrictions on views or impressions of an End Product containing the Item. For example, there can be unlimited Internet views or page impressions of an End Product.
4. You can create one End Product for a client, and you can transfer that single End Product to your client. This license is then transferred to your client.
5. You can modify or manipulate the Item, or combine the Item with other works, to suit your End Product. The resulting works based on the Item are subject to the terms of this license. You cannot claim ownership of the Item, whether it’s in original form or altered under this clause. You can do the things allowed in this clause as long as the end use is an Allowed Use under clause 2.
(a) Examples: you can edit, loop or stretch a music track to suit your project. You may not create a remix of a music track and claim or register it as your own song. See clause 16 for more information about ownership rights in the Item.
6. Although this is a “single application” license, under one license you may make allowed variations of an End Product and distribute an End Product through multiple mediums.
(a) Examples of allowed variations: “cut down” versions of a single web promo; language translations of a single video.
7. This is a “single application” license for one Allowed Use, so you will need a separate license for each different Allowed Use.
8. You may not re-distribute the Item as a musical item, as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other items (such as an audio compilation), and even if you modify the Item. You may not re-distribute the Item as-is or with superficial modifications. These things are not allowed even if the re-distribution is for free.
(a) Examples: You can’t modify a music track and distribute it on a music CD. You can’t add lyrics over the top of a music track and sell it as your own song on iTunes. You can’t use a music track in your internet radio service.
9. You can’t use the Item in applications allowing an end user to customise a digital or physical product to their specific needs, such as “on demand”, “made to order” and “build it yourself” applications. You may use the Item in these ways only if you purchase a separate license for each final product created using the Item.
(a) Examples of this specific “single application” requirement: Online video or animation rendering services, “build your own website” services, photo slideshow creators, and e-card generators. You will need one license for each product created by a customer.
10. You must not permit an end user to extract the Item and use it separately from an End Product.
11. You can’t claim trademark or service mark rights over the Item within an End Product.
12. The Items are Non-P.R.O. Music, this means it is not registered with any Performing Rights Organizations (P.R.O.s). Non-P.R.O. Music is generally not subject to any additional fees, but it is your responsibility as a buyer to pay any performing rights fees that may apply in your country, which will depend on the rules of your local P.R.O., your local laws, and your use of the Item.
(a) Nothing in this license acts as a waiver of any P.R.O. fees.
13. You can only use the Item for lawful purposes. Also, you can’t use the Item in connection with defamatory, obscene or demeaning material, or in connection with sensitive subjects.
14. You must not use the Item in violation of any export laws that apply to you.
15. This license can be terminated if you breach it and don’t remedy the breach. If terminated, you must stop the Allowed Use, which includes no longer making copies of or distributing an End Product until you remove the Item from it.
16. David Cutter Music Ltd retains ownership of the Item but grants you the license on these terms. You can’t claim ownership of the Item, even if modified under clause 7, for example through content identification systems.
(a) Example: if you use a music track synced in your video, you can’t claim rights to the music (e.g. through applying “ContentID” or similar systems to the music in your video).
17. This license is between David Cutter Music Ltd and you.
Allowed Use: See clauses 2 and 3.
Broadcast: (a) Traditional television or radio broadcast (e.g. terrestrial, cable or satellite TV, broadcast radio); or (b) Mobile or online substitutes for traditional television or radio broadcast (e.g. mobile TV, IPTV (streaming TV or video-on-demand), streaming radio).
End Product: See clause 2(c).
you: Yourself or your business entity. For an employee acting on behalf of an organisation, that organisation.