SoundVault

User Licensing Agreement for Music & Sound Effect Use

Version 1.0 as of 3rd July 2008

This document should be read in conjunction with our Terms and Conditions (T&Cs).

Unauthorised synchronisation use, copying, hiring, lending, broadcast and public performance are strictly prohibited.

1. Purchase Types

The following may be purchased from SoundVault:

A single track licence for use within a single media production.

A programme blanket licence to cover an unlimited number of music tracks for a single media production.

A retail distribution extension may be added to the licence(s) covering a single media production – see Retail Distribution below.

A reversioning fee may be paid to cover the licence(s) for a version of a production that does not include any additional music tracks – see Changes to the Production and Reversioning, below.

Bulk track licence credits that are bought in advance. The credits may then be used to obtain single track licences. These may only be applied to broadcast programming (see Usage Categories below). The credits cannot be used to purchase licences for any production that has been designated to have retail distribution. Bulk track licence credits may also not be used when reversioning a production.

2. Usage Categories

Broadcast Programming: This covers synchronisation use with a production in all broadcast media including terrestrial, satellite, cable, analogue & digital television, radio, Internet and mobile phone use. Retail distribution is subject to a fee as detailed in Retail Distribution, below. All rights in the sound recording and music and the dubbing fee are cleared for the above uses for the world.

The licence for broadcast programming, covers each production regardless of the number of different channels and media on which it is carried or the number of times it is transmitted, provided the production is unaltered. So, for example, a production made for television that is broadcast unaltered on a terrestrial channel, two digital channels and two websites would only require a single licence per music track included. Thus either only one programme blanket licence or one set of track licences need be bought to cover those broadcasts.

Productions that are altered in any form will be subject to a reversioning fee – see Changes to the Production and Reversioning, below.

Advertising: Covers use in Commercial Advertising in the following sectors:

  • Pan-media across the following: Television, Radio, Internet (streaming), Mobile Phone.
  • Multi-channel advertising in either Television or Radio (but not both under the same licence).
  • Single-channel advertising in either Television or Radio.
  • Internet (streaming media).
  • Mobile Phone.
  • Cinema, Video, CD, DVD, other Storage Devices.
  • Public Performance/Address/Presentation.

The licence for pan-media advertising, covers each production regardless of the number of different channels and media on which it is carried or the number of times it is transmitted.

The licence for multi-channel advertising within one specific medium (either television or radio) the licence covers each production regardless of the number of different channels on which it is carried or the number of times it is transmitted in that specific medium.

The licence for single-channel advertising covers the production on one particular channel (either on television or radio) regardless of the number of times it is transmitted on that channel. For advertising specific to media other than television or radio, the licence covers all uses within that particular media group. Thus, for example, an advertising licence for the media group, “Cinema, Video, CD, DVD, other Storage Devices” means that an advertisement production may be shown in the cinema and included on a DVD under one licence. Similarly, an advertising licence for an Internet production will cover that advertisement regardless of the number of websites on which it appears.

Feature Films: Covers synchronisation use with Feature Films, Short Films, Student Films, and Trailers. Retail / physical distribution is subject to a fee as detailed in Retail Distribution. All rights in the sound recording and music and the dubbing fee are cleared for the above uses for the world.

Computer Games: Covers use on a per Game basis, for both Gaming Machines and Computer Games distributed on CD, DVD, other Storage Devices, or via the Internet. All rights in the sound recording and music and the dubbing fee are cleared for the above uses for the world.

Non-Broadcast A/V Productions: Covers Audio and Audio Visual Productions not broadcast or released theatrically which are produced in either DVD, CD, Video or Electronic File formats, not made available commercially and only distributed privately. Non-Broadcast A/V Productions may be made available for commercial sale or exploitation subject to an additional distribution fee as detailed in Retail Distribution. All rights in the sound recording and music and the dubbing fee are cleared for the above uses for the world.

3. Retail Distribution

The licence(s) for a production may be extended to cover the duplication on any format for sale or rental of the following categories Broadcast Programming, Feature Films, and Non-Broadcast A/V Productions. All rights in the sound recording and music and the dubbing fee are cleared for the retail use for the world.

4. Time Limits on Downloads and Cue Sheet Completion

90 day limit on downloads: From the commencement of this licensing agreement you will have 90 days in which to download any required music for a given production. After 90 days further downloads will not be possible.

Validating Production Licence: To validate your usage licence you will need to complete and close the relevant online production Cue Sheet within 90 days of its creation. Only when you have completed the Cue Sheet will your production licence be validated. If the production cue sheet is not completed within 90 days then the licence for that production will be void. In such a case an expired production may be reversioned (see below).

5. Changes to the Production and Reversioning

Subsequent Changes to the original production details in any way, such as: category change, cut- downs, trailers, re-versions, re-dubbing, retail licence, etc – will count as a new production. If any alteration to a production that adds to the music tracks included means that a completely new licence will be required. That applies even if only non-SoundVault tracks are added.

Reversioning: If a production is altered in any way but no new music tracks are included then the production will be a reversion. You will need to return to your original production cue sheet, and select modify. This will create a new Cue Sheet populated with the old details that you can alter accordingly. As well as saving you time this will also qualify you for a substantial discount to the licence fee. Reversioning is available for a period of 10 years from the point of creation of that production on the SoundVault system. Bulk track licence credits cannot be used when reversioning a production.

6. Public Performance Fees

Public Performance fees are not covered by the music download fee or any blanket licence. Clearing public performance rights is normally the responsibility of the Broadcaster, public event organiser or web site owner, and do not come out of the producer’s budget. There are no PPL fees payable on the public performance of the sound files made available on this site. However, public performance usage must still be cleared with the ‘PRS’ in the UK, or similar societies in overseas territories in the normal way. For more information on performing rights please feel free to contact us or your local performing rights society.

7. Copyright and General Rights to Use of the Recordings

SoundVault acts an agent for its Music Suppliers who own and/or control all copyright in the Music Recordings and any and all underlying rights in respect thereof (including but not limited to copyright in the music and lyrics). Details of copyright ownership may be found in the music track information in each completed cue sheet.

Transfer, copying, or duplication of any music file or effects file downloaded from this site is strictly prohibited unless authorised in writing by SoundVault, except for the purpose of specific audio and/or visual synchronisation by the licensee.

The Music Recordings may not be released for retail sale purely as music entertainment in their own right. That is, the Music Recordings may not be resold on their own in any way (as CDs, DVDs, audio tapes, downloadable files etc) – they must be part of a media production that has been licensed via the SoundVault website.

No rights are granted to use the websites or materials contained within and/or accessible via the websites for any purposes other than those expressly stated.

8. Fair Use

You warrant and represent that you are 18 years old or over, and agree that you will only use the Websites and the Services in accordance with the purpose prescribed by SoundVault and you warrant that you will not use the Websites and/or the Services in any way which infringes the copyright, trademark, patent or other proprietary right of any party.

In the event of a breach any of the above terms and conditions, contractual and/or copyright infringement action may be taken against you directly by SoundVault and or the relevant music supplier.

9. Modifications to Websites and Services

SoundVault reserves the right to update or amend this Agreement at any time and your continued use of the Websites and/or the Services following any such changes shall be treated as acceptance by you of such changes. An indication that changes have been made to this Agreement will be identifiable by a change in the date at the top of this page. SoundVault reserves the right for any reason in its sole discretion to terminate, change, suspend or discontinue any aspect of the Websites and/or the Services including without limitation the content.

10.Governing Law

This User Licensing Agreement shall be construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.

SoundVault Ltd. Registered company no. (England & Wales): 6602618. VAT reg. no: 934625710
Registered Office: 53 Cambridge Road, Sawbridgeworth, Hertfordshire, CM21 9JP, UK.