Music License for Social Media

1. Background

This music license concerns the use of music from Soothing Relaxation AS ("Licensor") in one video for social media, purchased by the customer ("Licensee") specified in the footer of this document. This license applies only for the music track ("Licensed Material") that was purchased together with this license (shown on the order confirmation).

 

2.  Scope of license

Licensor hereby grants Licensee a limited, non-exclusive, non-transferrable license ("License") to use the Licensed Material as described in this document. Any other use of the Licensed Material than set out in this document will be construed as breach of contract. Licensee must purchase a new license for other use of the Licensed Material than described herein.

The License is valid worldwide and has no geographical limitations.

The license period is for perpetuity.

 

3.  Permitted use & rules

With this license, Licensee can use the Licensed Material as background music in one video for social media (“Final Product”), if the terms of this agreement are fulfilled.  

The Licensed Material may not be used in a Final Product where the main focus is on the Licensed Material. For instance, you cannot make videos similar to the videos produced by the Licensor, as the main focus of these videos is on the music. In general, your viewers should watch the Final Product because of your original content, not the music.

Furthermore, the title of the Final Product cannot include any of the following terms or phrases:

  1. The title of the Licensed Material
  2. The composer's name (Peder B. Helland)
  3. Licensor’s name or its trademarks
  4. Any mention or description of the music (e.g. "music", "relaxing music", "piano music", "music for relaxation" or similar terms)
    1. If you want to add terms like this to your title, it's highly likely that the main focus of your Final Product is on the music (which is not allowed).

If the Final Product is a guided meditation distributed as a video in social media, it can contain parts without any voice-over as long as there is a voice-over for at least 1/2 of the total duration.

4.  Credits

Both the Licensor and the composer, Peder B. Helland, must be mentioned in the credits. The credits can for instance be written like this: "Insert track name by Peder B. Helland, licensed by Soothing Relaxation AS." A link to soothingrelaxation.com in the credits is appreciated, but it’s not mandatory.

 

5.  Copyright Protection

In order to protect the copyright of the music above and prevent fraudulent actors from taking advantage of the musical work, Licensor undertakes measures to ensure that the music is protected. This includes, but is not limited to, having registered the music in YouTube's Content ID system.

If the Final Product is distributed as a YouTube video, Licensee understands that an automatic copyright claim might be put on the video due to the music being detected by the YouTube system. Licensee should dispute this automatic claim on YouTube and the claim will then be released as soon as possible, assuming the Final Product abides by the terms of this agreement. Note that YouTube holds the earnings from the video in escrow during this period and Licensee should not lose any earnings due to the copyright claim.

By purchasing this License, Licensee understands that the Final Product cannot under any circumstances be registered in databases meant to protect copyright holders' rights, such as YouTube's Content ID mentioned above. If Licensee is part of a YouTube network that uses Content ID to protect their channel's content, it's Licensee's responsibility to ensure that the audio from the video is not added into the Content ID system.

 

6.  Modification of the music

Licensee is allowed to trim, loop and apply fading effects to the Licensed Material in the Final Product. Singing or playing instruments over the music is not allowed, nor adding any kind of musical synth.

 

7.  Warranty

Licensor warrants that it owns and controls the copyright in and to the Licensed Material.

 

8.  Liability and indemnification

Licensor shall have no liability for any damages sustained by Licensee arising from use or inability to use the Licensed Material, including without limitation any direct, indirect, incidental, consequential damages.

Licensor shall indemnify and hold harmless the Licensee from any and all third party claims relating to the copyright in and to the Licensed Material.

Licensee shall indemnify and hold harmless the Licensor from any and all third party claims caused by the Licensee.

 

9.  Intellectual Property Rights

Licensor own all right, title and interest in and to the Licensed Material, including all copyright and other intellectual property rights therein. Licensor retains all copyright and title in and to the Licensed Material. Nothing in this License Agreement shall be construed as a limitation or transfer of such rights. All rights not expressly granted is reserved by Licensor.

Licensee acknowledge that Licensor's trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Licensor.

Licensee's breach of Licensor's rights under this clause shall constitute material breach.

 

10.  Limitation of rights

Licensee may not transfer, share or sub-lease the License to any other party; copy or duplicate the Licensed Material; give any other individual or third party the right to use the Licensed Material in place of the Licensee.

The Licensed Material may not be used in combination with material that is punishable, pornographic, graphically violent, derogatory towards any nationality, race, religion, political belief or sexual orientation, or material that doesn’t abide by YouTube’s community guidelines.

 

11.  Force Majeure

Neither party may be held liable for damages sustained by the other party, if directly or indirectly caused by events of force majeure; including but not limited to war, acts of nature, fire, strike, lockout or other unforeseeable events beyond a party's control.

 

12.  Termination

Material breach of the License Agreement entitles Licensor to terminate Licensee's right to use the music with immediate effect.

Upon Licensor's termination of the License Agreement due to Licensee's breach of terms, license fee that is already paid will not be reimbursed and any outstanding license fee falls due to immediate payment.

 

13.  Choice of law and jurisdiction

Any dispute arising from the License Agreement is governed by Norwegian law, and shall be settled by the City Court of Oslo.