Standard Licensing Coverage and Definition
Good Oak Recordings (“Good Oak”) currently issues the following types of standard licenses for master recordings and musical compositions in its catalog:
- Independent Film License: Includes the creation of an independent film outside of a formal studio system, either short or feature length, for distribution, online streaming on free-to-consumer platforms (e.g., Vimeo and YouTube), and film festival use for a period of three (3) years from the date of the license. Excludes the creation of any film being funded and/or released by a formal film studio, or any commercial use relating to a business, non-profit, product, or service. For the avoidance of doubt, this license does not include home video, digital downloads, premium streaming services such as Hulu, Amazon Prime, and Netflix, or any traditional distribution rights.
- Commercial/Non-Profit Business License: Includes any work, webisode, film, slideshow, podcast, audio recording, etc. used for commercial, non-profit, exterior, or interior use to highlight products, services, company/employee insights, or raise funds for a product, service or business enterprise.
- Personal Use License: Includes any work, webisode, film, online video (i.e. YouTube, Vimeo, etc.), slideshow, podcast, audio recording, etc. for use in a personal or commercial way such as a home video, wedding video, family reunion video, photo slideshow).
Note: You must contact Good Oak for pre-approval at email@example.com for any uses that could be deemed political, religious, or pornographic in nature.
All standard Good Oak licenses are one hundred dollars (US$100.00), non-exclusive, perpetual, for distribution on the world wide web only (except that the independent film license additionally permits screenings at film festivals), and limited to a single (1) use. If you wish to use a particular master recording or musical composition in more than one project, then you must obtain and pay for an additional license(s).
IMPORTANT: The licenses above incorporate the Standard Terms and Conditions set forth below.
If you have any questions regarding the appropriate licensing option or if your particular circumstances are not addressed in any of the options above, please contact firstname.lastname@example.org
Standard Terms and Conditions
Good Oak Recordings, LLC. PO Box 142764, Austin, Texas 78714
CLICK THROUGH LICENSE AGREEMENT
By clicking “I accept” below, you (“Licensee”, “you” or “your”) are entering into a license agreement (“License Agreement”) with Good Oak Recordings LLC (“Good Oak”) to license from Good Oak one (1) sound recording (“Master”) and one (1) underlying musical composition embodied in the Master (the Master and the composition embodied thereon and any part(s) thereof shall hereinafter be referred to individually and collectively as the “Musical Work”) owned or controlled by Good Oak. The license agreement is comprised of this document, together with the applicable single Standard License you selected (as defined below), and an invoice (“Invoice”) rendered to you in connection with the transaction referred to above (collectively, the “License Agreement”) and constitutes a binding agreement between you and Good Oak.
1. Conditioned upon receipt of payment in full from you of the applicable licensing fee (“Fee”), Good Oak grants you the right to synchronize the Musical Work in your production (“Production”) solely for the single use, territory, term, scope, and other parameters you selected from Good Oak’s website specified in the Invoice and which is a single Standard License available as a click-through license by Good Oak on its website. For the avoidance of doubt, the available Standard Licenses for selection by the click-through process are described above and the terms contained therein are incorporated herein by reference. The license granted by Good Oak to you in respect of the Musical Work is a nonexclusive, non-transferable, single purpose license and is subject to the terms and conditions of this License Agreement.
2. The license granted to you does not authorize or permit any use of the Musical Work not expressly set forth in this License Agreement. The terms of this License Agreement are limited to the use of the Musical Work in synchronization with your Production only as authorized by Good Oak in accordance with the terms of the single Standard License selected by you and subject in all respects to the restrictions set forth therein and without limiting the foregoing, does not include the following rights and you may not use the Musical Work:
(a) on television, in motion pictures (except as explicitly set forth in the Independent Film License section of the Standard License, provided you have selected same), in video games, or on the radio;
(b) for any unlawful activity or in any manner or any means which may be deemed by a reasonable person to be detrimental to Good Oak and/or to the copyright owner(s) of the Musical Work;
(c) on phonorecords;
(d) on any premium streaming service, whether interactive or on demand; and/or
(e) in any manner not specifically enumerated herein or with respect to which no grant of rights is specified.
Furthermore, you may not:
(i) alter the fundamental character of the music or the lyrics of the Musical Work;
(ii) parody the music or the lyrics of the Musical Work;
(iii) make foreign adaptations and/or translations of the music and/or lyrics of the Musical Work;
(iv) use the story of the Musical Work or dramatically depict the Musical Work;
(v) use the title of the Musical Work or the name of the artist and/or songwriter(s) except for the purposes of any required credit; and/or
(vi) otherwise alter, edit or remix the Musical Work.
This license shall not transfer to you nor shall you assert any ownership interest whatsoever (including, but not limited to, copyright, trademark, and/or goodwill) in or to the Musical Work. In no event shall the Musical Work be featured separately from the approved use, or be offered or provided in or as a non-linear, downloadable, or alterable file. You expressly acknowledge and agree that no right of public performance of the Musical Work is granted under this License Agreement and you shall be responsible for securing all necessary public performance licenses and paying all public performance fees. Good Oak reserves all rights not expressly granted under this License Agreement.
3. You have the right to use or refer to the name(s) of the author(s) and performer(s) of the Musical Work in the credits, and in any promotions, advertisements, and publicity of the Production. In this regard, you agree upon our request, to accord credit in substantially the same manner as you accord credit to all other participants in the Production.
4. This License Agreement shall terminate automatically and immediately upon Licensee’s insolvency, assignment for the benefit of creditors, the appointment of a receiver, or the breach by you of any of the provisions of this License Agreement. Good Oak shall have the right to obtain injunctive relief as a result of any use by you of the Musical Work after termination of this License Agreement in addition to any other rights and remedies available, including without limitation pursuing an action at law for copyright infringement in the Musical Work.
5. When using the Musical Work in synchronization with your Production on the Internet or any other online or interactive device or distributed media, you shall use your best efforts to ensure that users may not copy, capture, or download the Musical Work either alone or as synchronized with your Production.
6. Good Oak represents and warrants that it has the right and authority to enter into this License Agreement with you and grant you the rights herein granted. Notwithstanding the preceding sentence, you acknowledge and agree that in granting you these rights, Good Oak is relying on the rights it has received from the copyright proprietors of the Musical Work.
7. Licensee shall defend, indemnify, and hold harmless Good Oak, its affiliates and their respective directors, shareholders, officers, members, agents, employees, successors, and assigns, and the copyright proprietors of the Musical Work, from and against any and all liability, damages and loss, costs and expenses (including without limitation attorneys’ fees and costs), arising from or related to your breach of this License Agreement or your unauthorized use of the Musical Work.
8. Except as specified herein, Good Oak makes no warranty, express or implied, regarding the Musical Work, including without limitation any implied warranties of merchantability or fitness for a particular purpose or non-infringement. Except for any liability which cannot by law be excluded or limited, neither Good Oak nor any third party copyright proprietor shall be liable to you for indirect, incidental, special, or consequential damages arising out of, or relating to the use of the Musical Work, whether framed as a breach of warranty, in tort, in contract, or otherwise. In no event shall Good Oak’s or any third party copyright proprietor’s liability for any claim arising from the use of the musical work exceed the fees stated in the invoice, regardless of the number or type of claims.
9. This License Agreement sets forth the entire agreement and understanding between you and us with respect to the subject matter hereof and supersedes all prior agreements and understandings, if any, whether oral or written pertaining thereto. This License Agreement may not be changed or modified, or any covenant, representation, warranty or provision hereof waived, except by an agreement in writing, signed by the party against whom enforcement of the change, modification, or waiver is sought, and not otherwise. This Agreement shall inure to the benefit of and be binding on the parties, their successors, and assigns, except that the license issued to you pursuant to this License Agreement is personal to you and you may not assign or transfer this License Agreement or any of the rights granted to you and any such assignment shall be void ab initio.
10. The validity, interpretation and legal effect of this License Agreement shall be governed by the laws of the state of Texas applicable to contracts entered into and performed entirely within the state of Texas. You agree that the state and federal courts located in Travis County, Texas shall have exclusive jurisdiction over claims or disputes arising under or otherwise in connection with this License Agreement, and you hereby submit to the jurisdiction of such courts. Notwithstanding the foregoing, Good Oak and its assignees, successors, and designees may seek injunctive or other equitable relief in any jurisdiction to enforce the terms of this License Agreement and Good Oak’s rights hereunder.
Please contact Good Oak at email@example.com with any questions regarding this License Agreement.
BY CHECKING THE “I AGREE” BOX BELOW, AND PRESSING THE “SUBMIT” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND PROVISIONS OF THE GOOD OAK LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I AGREE.”