Licensing Terms & Conditions

Brainstorm Productions Terms of Service & Beat Licensing Agreement

(1) FREE DOWNLOADS

Free Downloads are NOT FREE BEATS. Only non-commercial / non-profitable use. The purpose of free downloads is to offer the possibility to record / write a song to them and have a test-drive to see if the final results are worth it investing in a license. The free downloads contain tags and these tags may not be removed under any circumstances.

(2) STANDARD LEASE

You will receive an encoded MP3 file of the tagged song [track may still have one signature in the beginning], and/or a copy of the raw WAV file. The song file will be delivered digitally through e-mail. Leasing rights allow you to use the beat (or song) for ONE commercial recording or broadcast (e.g. album, EP or mixtape). This recording can then be distributed at your price for up to 3,000 copies. Selling more than 3,000 copies means you must acquire a new lease or exclusive rights. You may also use the beat for non-profit promotional use or demos. The licensor expressly forbids re-sale or any other distribution of the producer’s compositions, either as they exist or any modification thereof. You (the customer) cannot sell, loan, rent, lease, assign, remix, rearrange, remove any melodies, instruments, drum programming or transfer all or any of the products sold or the corresponding rights to another person (example – Record Label, another production company, another producer, another artist), or for use in any competitive product. The artist will assume all responsibility for clearing any samples used in any beat/instrumental that is purchased or downloaded. In the event that theres a lawsuit, the artist, and NOT the producer, will assume all responsibility for settling the copyright infringement and the producer will not be liable. You will receive a contract in your e-mail granting you non-exclusive rights to the beat. In the event that someone buys exclusive rights to the beat you have leased, your rights shall stand and the beat is still yours to use. You may also acquire new leasing rights if you sell more than 3,000 copies since your contract predates exclusive sale. The seller will not receive a royalty from the sale of records or downloads. You must however give full credit to the seller (artist and/or producer name) on all commercial recordings. Upon purchasing leasing rights, the seller still owns the beat(s) and the seller is able to resell the beat(s) to any other party until exclusive rights have been purchased. The licensee understands that the licensor maintains 100% copyright & ownership of the original instrumental composition. Licensee cannot use any beat compositions as background element in TV, Film & DVD / computer game projects without obtaining written consent & a separate license agreement. Licensee must include on all productions & products the producer’s name. Licensee agrees to display the producer’s name in all physical media or within web presentation of a portion (e.g. pre-listening) or sum of the original instrumental composition that is being licensed in this agreement. Including but not limited to CD’s, CD covers, Cassette tapes, LP’s, Cards, Youtube titles, Soundcloud, etc. (Example credits: ‘Beat prod. by Breezy Brainstorm’ or ‘Music produced by Brainstorm Prod.’ … Music © 2016 All rights reserved. Used under license. Any displayed or downloadable MP3 files must include ‘produced by Breezy Brainstorm’ within the file name. Furthermore, LEASING RIGHTS are subject to registrations in points (6) – (8).

(3) EXCLUSIVE RIGHTS

You will receive a CD-quality redbook format PCM (*.wav) file (44.1 kHz, 16 bit dithered) w/ ~ -3db of headroom for vocal track(s), as well as a low-fidelity MP3 file, and a folder containing the separated multi-tracks in high quality (48 kHz, 32 bit). In addition, you will receive a contract/invoice in your e-mail stating the rights of use. The product will be delivered via e-mail or via a download link by a file-sending service such as dropbox.com/wetransfer.com within a maximum of 24/48 business hours after payment. Exclusive beats are delivered. Exclusive rights grant you unlimited commercial recordings and broadcasts. The artist will assume all responsibility for clearing any samples used in any beat/instrumental that is purchased or downloaded. In the event that theres a lawsuit, the artist, and NOT the producer, will assume all responsibility for settling the copyright infringement and the producer will not be liable. Once a beat has been sold with exclusive rights, it will no longer be available for any kind of leasing/sale. Previous leasing rights being sold before the beat has been sold exclusively are not affected hereby & stay valid until the sales cap has been reached. It is therefore possible that a beat has been leased several times before exclusive rights are sold. The beat will be marked as ‘sold’ & any possible download & licensing option will be removed. The seller will receive a royalty from the sale of records or downloads. You must give full credit to the seller (artist and/or producer name) on all commercial recordings. Breezy Brainstorm & “Artist” split mechanical royalties (Publishing Rights) 50\50. Song also must be registered through B.M.I., ASCAP, or with the artists PRO (Performing Rights Organization) of choice with “Breezy Brainstorm” as the Producer. The licensor expressly forbids (notwithstanding a master recording accompanied by vocal performance) re-sale or other distribution of the producer’s composition, either as they exist or any modifications thereof. You (the customer) cannot sell, loan, rent, lease, assign, remix, re-arrange, remove any melodies, instruments, drum programming or transfer all or any of the products sold or their rights to another person (example – Record Label, another production company, another producer, another artist), or for use in any competitive product. The licensee understands that the licensor maintains 100% copyright & ownership of the original instrumental composition. Licensee cannot use beat compositions as background element in TV, Film & DVD / computer game projects without obtaining written consent & or another license agreement (sync) by Breezy Brainstorm. Licensee must include on all productions the producer’s name and official website. Licensee agrees to display the producer’s name and official website in all physical media or within web presentation a portion or some of the original instrumental composition that is being licensed in this agreement. Including but not limited to CD’s, CD covers, Cassette tapes, LP’s, Cards, etc. (Example credits: ‘Beat prod. by Breezy Brainstorm’ or ‘Music produced by Brainstorm Prod.’) …Breezy Brainstorm © 2016 All rights reserved. Used under license. Any displayed or downloadable media files must include ‘produced by Breezy Brainstorm’ within the file name. Furthermore, EXCLUSIVE RIGHTS are subject to registrations in point (6) – (8).

CONTACT FOR EXCLUSIVES!!!

(4) CUSTOM (EXCLUSIVE) BEATS

For those who want a beat made from scratch.
We will work with you on the beat, tailoring it to your preference.
Exclusive rights included.

Custom beats require a 50% deposit to get started. You can request
a custom beat and you will be sent a link to paypal.com to pay
the 50% deposit to start production.

(5) SPECIAL USES: TV, Movies, Commercials, Websites

Charity organizations: can use song for free, but must give full credit to artist/producer

Student projects for school/college: can use song for free, but must give full credit to artist/producer

Commercials, In-house, company publications: for publications with less than 50,000 viewers exclusive rights suffice. Please Contact for more info.

Websites (less than 100,000 monthly hits): leasing rights suffice

Websites (other): must acquire exclusive rights

TV/Movie: Please Contact for more info

(6) PAYMENTS

All payments are to be paid or are paid upfront before delivery of the product. E.g. this means at the same time that services or products by Brainstorm Prod. (Breezy Brainstorm) will only be delivered after receiving the payment(s). Payments that are still pending & not being credited yet need to be credited first before delivery! The installment payment is only applicable to Exclusive Rights.

(7) CREDIT AGREEMENT

Credits should be given to ‘Breezy Brainstorm’ or ‘Brainstorm Prod.’ By making a purchase of any kind, the customer declares that he will give credit to the producer where possible in a written form (cd cover/booklet, youtube videos, social network pages such as twitter or facebook, etc.). Proper credit is given as follows: (Example credits: ‘Beat prod. by Breezy Brainstorm’ or ‘Music produced by Brainstorm Prod.’ … Music © 2016 All rights reserved. Used under license. Any displayed or downloadable MP3 files must include ‘produced by Breezy Brainstorm’ within the file name.

(8) GENERAL TERMS OF SERVICE (TOS)

By making a payment the customer declares that he is fully aware of the terms & conditions & accepts & agrees to them. All terms & conditions are listed on the webpage www.breezybrainstorm.com/licensing-info. In case of a change in any of the listed points or should one point become invalid, all other points stay unaffected & are still valid. Rights that are given to a customer are not transferable. No matter if exclusive rights are sold to a beat, Brainstorm Prod. will always be allowed to use that beat for own promotional uses. Therefore all beats sold exclusively stay on the webpage. Download & license options to that beat will be removed & the beat will be marked as ‘sold’. All tracks, including beats declared untagged, are subject to one signature drop in the beginning. Customers may edit/alter the length of a beat as they see fit, aslong as they own a license to the beat & do not change the sound-structure of the beat itself. No changes to a beat are allowed, except of length changes. Therefore it is also not allowed to use any parts, melodies, instruments, sounds, drum arrangements, etc. of the original instrumental composition for other compositions. After the delivery of the beat, Brainstorm Prod will be unbound of any further responsibilities to the customer & legally freed of any further duties. The customer will receive pertinent beat information such as track BPM, sample information, etc. Brainstorm Productions mandates production credit in any commercial and/or non-profit recording(s) of the beat (master recording), and potential sample clearance issues are the sole responsibility of the purchaser. By doing business with Brainstorm Productions you accept these general terms, terms for leasing and exclusive rights, and leasing/exclusive rights contract terms. All terms subject to negotiation. Any Beat by Brainstorm Prod. may NOT be uploaded on any website without his permission. Brainstorm Productions is not responsible for other sites claiming to sell its beats. Anybody abusing or disrespecting the listed terms & conditions will likely face a law suit.

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