Explanation of the CC+ license agreement.
Attention: Please read this document carefully before using the free CC+ license agreements.

Wouldn't it be great exposure if music you created was used in a TV commercial, video-game or advertisement?

At Tribe of Noise we use a Creative Commons 4.0 BY -- share-alike license. With certain projects some additional agreements have had to be formalized. We understand that you are very creative and maybe, not so into the legal stuff, we get that. Please, allow us to make your life just a little bit easier.

Picture this scenario:
Your music is uploaded under a CC BY Share alike license; which means that everybody can share, distribute and build upon your music as long as they give you credit (by) and share derived work under the same license (share alike).

Now picture this scenario:
What if a game-developer wants to use your music for his million dollar production but is not willing to use the same license?
We definitely do not want you to miss out on that opportunity, so you need to be able to waive the share-alike part.
How do you do this? Here's one solution: you can use our CC+ license agreement.

download CC+ license agreement
download CC+ license agreement (48Hour Film project example)

download CC+ license (lyrics & music)
download CC+ license (lyrics)
download CC+ license (music)

We'd like to remind you of the "Freedom of Contract" so, of course, it is possible to use your own agreement. We are just giving you a template of an agreement that you could use.

Don't worry in this agreement there is no form of payment involved. You can add this yourself.

We are more than willing to help you, please contact us at Tribe Of Noise.

FAQ

How to fill out the CC+ license agreement?

1. First of all, make sure every person who owns the copyright to the musical and/or lyrical work(s) and/or recording(s) licensed reads, understands and signs the license agreement. In the first part, every person involved needs to fill out his or her name and address.
   
   Licensor is the party giving permission to use the musical and/or lyrical work(s) and/or recording(s) thus, the artist/writer/maker of the musical and/or lyrical work(s) and/or recording(s).
2. Licensee is the party receiving the license, thus, the party who wants to use the musical and/or lyrical work(s) and/or recording(s).
3. It is not an exclusive license, which means other agreements upon the same musical and/or lyrical work(s) and/or recording(s) can be made by the licensor (copyright owner(s)). In fact, this is already done by uploading the musical and/or lyrical work(s) and recording(s), under a CC 4.0 BY -- Share Alike license, on Tribe Of Noise.
4. Songs consist out of three parts that you can license; the musical work, the lyrical work and the recording. The musical work is the written music (sheet music). The lyrical work is the lyrics. The recording is the work "put on tape". So you can license three different things: the lyrics, the written music and/or the recording. It could also be you have several recordings of the same work, you can license these separate. Because of this you need to have to fill out the release year at 1. Music Work(s) Licensed.
   
   Choose if only the lyrical and/or musical work(s) and/or the recording(s) will be used. Licensing only the lyrical and/or musical work(s) is often chosen if a re-recording will be made. Most of the times it will involve the entire song (lyrical work, musical work and a recording of those works).
   Be aware that some countries also have "neighboring rights" (set up to protect the recording artist), thus more people can be involved. These rights are sometimes referred to as "related rights". (http://en.wikipedia.org/wiki/Related_rights)

1. Music work(s) licensed
   Fill out all the details about the musical and/or lyrical work(s) and/or recording(s) involved. This clause (= a paragraph in an agreement) is to make clear what the license and lyrical and/or musical work(s) and/or recording(s) are about.
   1. Artist name: fill in the artist name, not the real name.
   2. Song title: title of the musical and/or lyrical work(s) and/or recording(s) that is licensed.
   3. Lyrics written by: real name of the person(s) that has/have written the lyrics.
   4. Music written by: real name of the person(s) that has/have written the music.
   5. Performance created by: real name of the person(s) that have made the recording.
   6. Master Owner: real name of the person(s) who has the rights to the recording.
   7. Title record: title of the record on which the work and or/recording have been released.
   8. Type of Creative Commons license: this is set because when uploading the work on Tribe Of Noise it has been agreed on to do this under a CC 4.0 BY -- Share Alike license. Therefore you need permission of all the right holders to change the terms on which you have licensed the musical and/or lyrical work(s) and/or recording(s).
   
   
   "Performance created by:" and "Master Owner:" is in red because these don't need to be filled out when only licensing the musical and/or lyrical work(s).



2. Waiving of rights
   All the songs on Tribe Of Noise are uploaded under a CC 4.0 BY -- Share Alike license (http://creativecommons.org/licenses/by-sa/4.0). This means other people are free to copy, distribute and transmit the musical and/or lyrical work(s) and/or recording(s) as well as to adapt the musical and/or lyrical work(s) and/or recording(s). Under the following conditions: the user must attribute the musical and/or lyrical work(s) and/or recording(s) in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the musical and/or lyrical work(s) and/or recording(s)). Also if the user alters, transforms, or builds upon this musical and/or lyrical work(s) and/or recording(s), he or she may distribute the resulting musical and/or lyrical work(s) and/or recording(s), only under the same, similar or a compatible license.
   
   An example:
   A filmmaker wishes to use a song he found on Tribe Of Noise. He reads the CC 4.0 BY-SA license that is on the song. He finds a problem because he has a deal to make his movies exclusively for a certain client. If he uses the song in his movie it would mean his movie would also be released under the CC 4.0 BY-SA license (or a similar or compatible license). His client won't like this because they have an exclusive deal with Bob.
   
   How to solve this problem?
   
   This is quite easy.
   The filmmaker asks the copyright owner of the song to waive (= a legal term for "drop") the Share Alike part of the license. The copyright owner agrees. This means the movie doesn't need to be released under the same, similar or compatible license. Now, the client is happy because the movie is exclusive again. The filmmaker is happy, because he could use the song and, the copyright owner is happy because his song is in a fantastic movie. (Note: the film producer doesn't have the sole ownership to the work. The song stays available under the CC license, non exclusively).
   
   This clause is set up to make the solution given in the example, possible. It is to make clear which rights are waived. Please choose the rights that need to be waived. Think about if you really need these rights (as licensee) or if you really want to waive them (as licensor). Also, think if as a licensor, you want to waive these rights for free or if you like to be compensated in any way. If so you will need to include the compensation in this contract. (price and payment conditions for example).
   
   If you waive your attribution the licensee is free to use your musical and/or lyrical work(s) and/or recording(s), without mentioning your name. Share Alike is still empowered.
   If you waive share alike this means the licensee does not have to share his new work with the public. Attribution (acknowledgement) is still empowered.



3. Term
   This clause is about the term of the license. How long is the license legitimate, in use, valid?
   
   In many licenses you can discuss the term (i.e. 1 year, 3 years, unlimited). The main option in this agreement is to license the musical and/or lyrical work(s) and/or recording(s) for the entire term of the copyright. This is because the term is connected to the project, which wants to use the musical and/or lyrical work(s) and/or recording(s). It can only be used for the project agreed on. Because of this, the project needs to be described as clearly as possible.
   
   Of course, you can license the musical and/or lyrical work(s) and/or recording(s) for less but be aware, you might have to do this license all over again if the term comes to an end and you still want to use it.
   
   It is wise to license the musical and/or lyrical work(s) and/or recording(s) for as long as you want to use the work, and/or as long as the project lasts.



4. Territory
   In this clause the territory is described. Where are the musical and/or lyrical work(s) and/or recording(s), and the project released/used?
   
   If the project will only be released in North America, then you will need to choose "North America". If it will be released in several continents you can choose to do so. Mind that if the project will be released on the Internet you will have to choose "the Universe".
   
   "Universe" might sound like you are licensing your music to be used on Mars or somewhere else in space where there might be a form of life. This is actually the case. (Be prepared, what if there is life there?) Than your music or project will be a legal project to be released there.
   
   Of course you can also choose your territory. In example; several continents or just one country.



5. Type of use by licensee
   Describe the project the musical and/or lyrical work(s) and/or recording(s) will be used for. This is the only project it can be used for! Please describe the project as detailed as possible.
   Please fill out as much details as possible at the "other remarks" section.
   
   • Think of timing, if your project has certain duration. For example, this could come into play if the project is a festival.
   • Think of units produced if the project is i.e. a compilation CD, video game.
   • If the song is used in a video production, where and what for will the music be used in the movie?
   Once again, please fill out this section as detailed as possible to make the license as solid as possible. Though it is not mandatory to do; it is VERY WISE to do so.



6. Indemnity
   To avoid any legal consequences for the licensee, in this clause, the licensor ensures that he or she is the one and only person who owns the copyrights to the licensed musical and/or lyrical work(s) and/or recording(s), or has permission to use the copyrights of the licensed musical and/or lyrical work(s) and/or recording(s).
   
   You don't need to set up this clause but, again, it is a WISE thing to do.



7. Applicable law and jurisdiction
   If for some reason it comes to a court case, in this clause it will be agreed on which court of law has jurisdiction and which law is applicable.
   You can i.e. choose to have the Jamaican court of law deal with the case but use the Swiss law.
   
   It is hard to give advice on which law and court to choose. Every country works with different structures in law. It is hard to say which one is most favorable for a certain agreement. Dutch law and jurisdiction is the standard option because the music uploaded to the website is uploaded under Dutch law, it could be wise to keep this choice.

And last but surely not least, make sure everyone involved signs the license!!!

Other notes:
If you have any questions or need help filling out the agreement please contact Tribe Of Noise.

Tribe Of Noise is not responsible for any consequences that may arise out of this license agreement.