LICENSING INFO

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BEAT LEASING TERMS/RIGHTS

 

FREE DOWNLOADS

 

Free downloads of any beat produced by BeatDwellers.com do not include any artistic or legislative rights to the beat. Those versions are only for non-profitable use, meaning only for demonstrational tracks. You are allowed to upload tracks (recorded over free downloaded beats on Internet pages like Myspace, Soundclick, Facebook, Soundcloud or Youtube, etc. When being uploaded or presented for demonstration use only, credit always has to be given in a written form to BeatDwellers.com in the song description along with the producer who produced the beat, for example (… Produced by Elixir for BeatDwellers.com). You are not allowed to put the track on a mixtape or album, even if it is for promotional use only. For this purpose you need to purchase at least a Standard Lease. The meaning of free downloads is to do a song for yourself, to do the first pre-recordings  and to see if the song works out well and is worth it to make investments in one of the license types. It is not allowed to make any kind of profit with free download versions. No video-, no TV-, no radio- airplay allowed. Furthermore it is not allowed to make any changes to the beat or remove any of the used tags. Copying or ripping any audio material (e.g. beat, tag, sounds, instruments, drums, etc.) is prohibited & will not be tolerated at any time. Persons infringing this rule may face legal prosecution.

 

STANDARD LEASING RIGHTS

 

This is also known as leasing rights. Purchasing a lease grants the customer limited artistic & legislative rights to the corresponding beat(s) for one single profitable/commercial use on any medium (e.g. album, EP or mixtape) with a circulation of up to 2,500 sales units. If this point of sale is reached & further sales are desired, the lessee must purchase the beat exclusively from the BeatDwellers.com website (if the beat has not yet been sold with exclusive rights and  is still available).

No additional lease agreement can be given to a lessee that has reached the 2,500 sales unit cap and therefore the lessee must purchase exclusive rights to the beat if they wish to continue selling the beat. If the beat is no longer available for leasing, no more sales can be made after the sales cap is reached.

A Standard Lease comes as a mixed tag-free MP3-file and a contract/invoice, stating the rights of use. A beat can be leased to more than one person at the same time until exclusive rights are sold to the beat. Once a beat has been sold with exclusive rights, it will no longer be available for any kind of leasing. Previous leasing rights that have been sold before are not affected & stay valid until the sales cap has been reached. Leasing a beat does not make the customer the sole owner of the beat. The licensee is not allowed to get profitable radio-, video- or television-airplay or to perform the song on commercial/profitable shows with a leasing license. For this purpose licensee must own exclusive rights to the beat. 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, re-arrange, 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 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 and products the producer’s name along with proper credit for Beat Dwellers, for example (… Produced by Elixir for BeatDwellers.com). 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, etc. (Example credits: ‘Beat prod. by Elixir for Beat Dwellers … Music © 2016 All rights reserved. Used under license). Any displayed or downloadable MP3 files must include ‘produced by (producer name who produced beat) for Beat Dwellers’ within the file name. If you fail to adhere to the lease agreement your lease will be invalid and void.

 

 

COMMERCIAL LEASING RIGHTS

 

Same restrictions as in non-exclusive rights including the following differences: A Premium Beat Lease comes as a mixed tag-free WAV-file, the corresponding separate track out, and a contract/invoice, stating the rights of use. Instead of an allowed circulation of up to 2.500 sales units, the premium lease allows up to 5.000 sales units. In addition, the customer is allowed to use the beat for 5 profitable public performances with up to $1,500 USD earnings in total for the performances. All other terms concerning premium leasing rights are listed in point leasing rights. These terms stay the same for all types of premium leasing rights.

 

 

PREMIUM LEASING RIGHTS

 

Same restrictions as in non-exclusive rights and premium rights including the following differences: Instead of an allowed circulation of up to 2.500 or 5.000 sales units, The Commercial Lease allows up to 10,000 sales units.  In addition, the customer is allowed to use the beat for 10 profitable public performances with up to $2.500 USD earnings in total for the performances. All other terms concerning Commercial Leasing rights are listed in Standard Leasing rights and Premium Leasing rights. These terms stay the same for all types of Commercial Leasing rights.

 

EXCLUSIVE RIGHTS

 

The purchase of exclusive rights grants the customer full creative and commercial rights to the purchased beat. There is no sales cap related to exclusive rights. An exclusive rights purchase comes as a mixed tag-free WAV-file, the corresponding separate track outs and contract/invoice stating the rights of use. 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 and 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. Upon request, a sold beat will be removed from any website and marketing space where it has been offered by the licensor. The licensor expressly forbids 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 music 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. Licensee must include on all productions the producer’s name. Licensee agrees to display the producer’s name in all physical media or within web presentation a portion 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, etc.. (Example credits: ‘Beat produced by Elixir for Beat Dwellers… Music © 2016 All rights reserved. Used under license). Any displayed or downloadable WAV files must include ‘produced by ‘Producer name who produced beat’ for BeatDwellers.com’, within the file name. If you fail to adhere to the lease agreement your lease will be invalid and void.

 

 

CREDIT AGREEMENT

 

Credit must always be given to ‘(Producer Name) for Beat Dwellers’. 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 myspace or facebook, etc.). Proper credit is given as follows: (Example credits: Beat produced by Elixir for Beat Dwellers Music © 2016 All rights reserved. Used under license). Any displayed or downloadable MP3 files must include ‘produced by ‘(Producer Name)’ for ‘(BeatDwellers.com)’ within the file name.

 

 

PAYMENTS

 

Beat Dwellers accepts PayPal. 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 Beat Dwellers 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. Payment plans for services & products, can be set up individually. A separate individual agreement therefore is necessary. Payment plans can vary from 2-12 payment steps, at least 1⁄4 of the total price of the service/product needs to be paid upfront. If the customer does not fulfill his payment plan obligations, and does not complete the payment plan, there will be no refund of any payments made due to the administrative work and possible financial losses. The beat will be available again for sale and the customer will keep a basic lease to the beat. Beats that are being paid with payment plans may no longer be sold with exclusive rights but may still be leased until the customer has completed the last payment step of the payment plan. In case of a money-refund by any of the parties, the issued contract becomes invalid.

 

 

PUBLIC PERFORMANCES

 

Non-profitable performances are allowed for any license type. Profitable performances are only allowed with Exclusive rights. You may not use free download versions for public performances.

 

 

DELIVERY

 

Products are delivered via an automatic system – a delivery time frame of 24 business hours is possible. All products are delivered via e-mail or via a download link by a file-sending service such as sendspace.com. No tangible copies will be delivered.

 

 

GENERAL TERMS & CONDITIONS

 

By making a payment the customer declares that he is fully aware of the terms & conditions & accepts and agrees to them. All terms and conditions are listed on the website www.BeatDwellers.com. In case of a change in any of the listed points or should one point become invalid, all other points stay unaffected and are still valid. If a beat contains sampled material, the sample-clearing of itself needs to be done by the customer(s), not by Beat Dwellers. The licensee understands that they are responsible for clearing all samples that they choose to use and that the licensor cannot and will not be held liable for the misuse of any sampled material that the licensee uses in conjunction with the original instrumental composition that is being licensed in this agreement. The licensee understands & accepts that he or she only paid for the production work of the producer. The licensor does not claim to have any rights on any sampled material. Under no circumstances is a customer allowed to re-sell the beat in any form. Rights that are given to a customer are not transferable. No matter if exclusive rights are sold to a beat, Beat Dwellers will always be allowed to use that beat for own promotional uses. Therefore all beats sold exclusively stay on the webpage. Download and license options to that beat will be removed and the beat will be marked as ‘sold’. Customers may edit/alter the length of a beat as they see fit, as long as they own a license to the beat and do not change 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, Beat Dwellers will be unbound of any further responsibilities to the customer and legally freed of any further duties. Any beat by Beat Dwellers may not be uploaded on any website without our permission. Beat Dwellers are not responsible for other sites claiming to sell our beats. Anybody abusing or abusing the listed terms & conditions will likely face a lawsuit.