“H&W” warrants that it controls the master recording(s) and the publishing of the musical work(s) represented in the website, and has the right to enter into agreements on behalf of itself and of composer(s), lyricist(s), publisher(s) and master owner(s) of the musical works.
The rights granted herein to PRODUCER are limited to the rights to reproduce, perform, communicate to the public and otherwise use and exploit musical works, in whole or in part, only in synchronization with images from the PRODUCTION declared by the PRODUCER at the time of purchase. PRODUCER cannot use musical works, in whole or in part, in an audiovisual production other than the PRODUCTION, without a specific license granted for such other audiovisual production.
Musical works, in whole or in part, are licensed only for the type and maximum allowable duration for the PRODUCTION declared according the criteria selected by the PRODUCER at the time of purchase (type of production – film, TV, video games, etc. – duration, territories, type of use – theme, background, etc.)
H&W reserves all rights and uses in and to master recording(s) and in and to publishing of the musical compositions incorporated in the musical works, except for the limited use expressly licensed to the PRODUCER.
PRODUCER may not claim or register in his name, or in any other name, any copyright pertaining to the composition(s) or the sound recording(s) of musical works. Music publisher(s), composer(s) and lyricists of musical compositions of musical works shall remain entitled to receive all worldwide public performance monies payable in relation with the use of the musical works in the PRODUCTION.
Cue Sheet Obligations: PRODUCER shall deliver to H&W and to the appropriate performance rights societies (SOCAN, BMI, ASCAP, SACEM etc…) a musical content cue sheet with regard to the use of musical works in the PRODUCTION promptly after the later of: (i) complete execution of the agreement after the purchase or (ii) within sixty (60) days of the initial commercial broadcast.
Note: cue sheets are required when there is public broadcast of PRODUCTION whether film, television or web projects. Corporate films, corporate web sites, student projects do not require a cue sheet.
Type of use definition
"Background” or “Incidental” Music: music used as an accompaniment to the scene portrayed, but not represented as being audible to one or more of the characters therein.
“Feature” Music: music which is performed by, or represented as being audible to and directly related to the specific actions of, one or more of the characters in the scene portrayed.
“Theme” Music: music which identifies, at the beginning or end, a program, film, series, video game or other.
“Trailer” or “Out of context use”: music which is used to advertise or promote the PRODUCTION in advance or as a preview.
“Duration” shall mean the total time of usage of the given music track in PRODUCTION.
This information is to be provided by PRODUCER
Closing Credits Obligations: Industry standard credit shall be provided and appropriately displayed for use in any public broadcast or for other uses of PRODUCTION by PRODUCER, where applicable.
LICENSE does not grant PRODUCER the right to include, in whole or in part, the musical works in soundtrack albums of PRODUCTION. Any such exploitation requires a written permission from H&W to be negotiated separately.
As stated in general Terms and Conditions of web site use, PRODUCER may not use or reproduce the MUSICAL WORKS for any production or any project or use that includes pornographic content or hate propaganda or gratuitous violence as defined under current Canadian or US laws or for any illegal purposes, illegal schemes or scams.