This agreement (hereinafter referred to as "this Agreement") sets forth the terms and conditions for the use of the "commercial license" (hereinafter referred to as "this Service") provided by Beats By Beats (hereinafter referred to as "the Company") by customers using this Service (hereinafter referred to as "Customers") and each Beat Maker who has entered into a management outsourcing agreement with the Company (hereinafter referred to as "Beat Maker"). Please note that this Agreement is primarily intended for use in music production but also applies to cases where it is used for background music (BGM) purposes.
Article 1: Service Provided
This Service allows Beat Makers who have entered into a management outsourcing agreement with the Company to grant customers a license to use beats for which they hold copyrights, enabling customers to create music using those beats and commercially utilize the completed music.
Article 2: Definition of Commercial Use
Commercial use refers to releasing recorded music with the intention of generating revenue on various internet platforms, physical media such as CDs, and actually earning income from it.
Article 3: This Service and License Management
This Service and license management are conducted by the Company, "Beats By Beats," which has received management outsourcing from Beat Makers.
Article 4: Copyright
This Service involves the "granting of commercial use rights" rather than the transfer of copyright. Even if you purchase this Service, the copyright of the beat itself and any associated rights are not transferred, and all rights remain with the Beat Maker. Furthermore, even if a customer records vocals, and the vocals and beat become integrated into a single musical composition, the copyright of that composition will still belong to the Beat Maker. However, unless customers violate this Agreement, the Company and Beat Makers cannot arbitrarily revoke or sell licenses or misuse rights.
Article 5: Secondary Use
Secondary use refers to the situation where a customer records vocals, and the vocals and beat become integrated into a single musical composition, and then a third party uses that composition for commercial purposes. In such cases, customers are obligated to inform the secondary user of the existence of this Agreement, and the secondary user is deemed to have agreed to this Agreement upon using it. However, "beat-only" secondary use is not allowed. Customers are responsible for any disputes that arise with the secondary user, and they must compensate the Company for any damages caused by disputes.
Article 6: Royalty Distribution
After release, there is no obligation to distribute revenue generated from the music to the Company or Beat Makers.
Article 7: Validity Period of the License
The license is perpetual after delivery.
Article 8: Number of Valid Licenses
The license is valid for a single use (one license per release). If you release remixes or different versions of a previously released track, you will need a similar license for those as well. However, if you withdraw a previously released original track and re-release it after a certain period, you do not need a new license, and you can re-release it with the existing license. Additionally, if you release a previously released track on a different platform or physical media such as a CD after a certain period, you can do so with the existing license.
Article 9: Commercial License Registration Form
The purchase process for this Service is done through the "Commercial License Registration Form," which customers must complete themselves. The information provided on the commercial license registration form must be accurate.
Article 10: Payment Methods and Prices
Payment for services such as commercial licenses is generally made through PayPal. The price of the license may vary for each track and will be notified to customers through the pricing table on the Service's website or by the method specified by the Company.
Article 11: Cancellation/Returns/Refunds
Due to the nature of the product, returns and cancellations are not possible once the process has started. If an overpayment is made in error, a refund will be processed in accordance with PayPal's system. In such cases, a refund fee ranging from $3 to $5 may be deducted.
Article 12: Name of the Person to Be Released
The name of the person to be released is based on the information provided on the commercial license registration form.
Article 13: Group Purchase and Release
If this Service is purchased and released under the name of a group to which multiple individuals belong, a license will be granted to the entire group. For example, if A, B, and C are members of a group called Z and this Service is registered and purchased under the name of Z, the release will be accepted according to the terms of this Agreement. However, individuals A, B, and C cannot use the same license to release separately.
Article 14: Change of Registration Information
If there is a change in the information provided on the license registration form, customers must promptly notify the Company by email.
Email Address: beats,by.beats.information@gmail.com
Article 15: Credit Attribution
Even when purchasing this Service, credit attribution is required. The content of the credit should be as follows.
◼︎For paid distribution registration procedures (such as through TuneCore):
In the "Composer" section, mention the "Beat Maker's name."
◼︎For distribution on various free social media platforms:
Add "Prod by 'Beat Maker's name'" to the end of the song title.
(Note: You may modify the wording slightly, such as "Produced by" or "Prod.," as long as the essential attribution is preserved.)
This Service is offered at an affordable price, and in return, it helps promote Beat Makers. Therefore, please cooperate with Beat Maker's credit and promotion in places other than those mentioned above whenever possible.
Article 16: Reporting After Release
Reporting after release is not required.
Article 17: Obligation to Provide Official Identification
While official identification is not required at the time of purchasing a commercial license, the Company may request it in the future as needed. In such cases, customers must promptly provide the requested identification. Refusal to provide identification or providing inadequate official identification may result in penalties as specified in Article 21.
Article 18: Public Release as a Portfolio (Production Record)
Customers who create and release music using this Service may have their work featured in Beat Makers' portfolios (e.g., videos, playlists, company website portfolios, etc.).
Article 19: Sample Audio
The beats managed by this Service may include copyright-free sample audio (loop materials, sound effects, etc.). If you release a beat that uses such sample audio, you may receive emails in the future stating that "a copyright owner using Content ID has claimed some of your video." This may occur when a third party registers a music composition using the same copyright-free sample audio with Content ID. While this is different from "penalized copyright infringement," it will simply result in the suspension of monetization (ad revenue) on your channel for videos that use the beat. This is an issue that cannot be prevented or resolved by this Service and is generally considered an inconvenience for Beat Makers and performers. Therefore, the Company is not liable for any damages. Please be aware that there is a risk of this nature when using tracks from commercial license categories, and the specific beats that use sample audio are generally not disclosed.
Article 20: Prohibited Activities
20-1: Registration with YouTube Content ID and Similar Systems
Registering with Content ID will result in the removal of ads and the inability to monetize all videos using the same track, including the original video of the Beat Maker. This can cause significant financial loss, and the penalties are substantial, so please exercise caution. In particular, when distributing through TuneCore Japan, there is a service called "YouTube Content Monetization Service," which is similar to Content ID registration. Please avoid applying for this service. Moreover, there is now a service called "Facebook Music Product," which operates similarly, and it is expected that various other platforms will offer similar services in the future. Please refrain from registering on all such platforms.
20-2: Delegation of Copyright Management to Copyright Management Organizations
Delegating copyright management to copyright management organizations is generally the prerogative of the copyright owner. As stated in Article 4, the copyright of the music belongs to the Beat Maker, and therefore, delegation to copyright management organizations is not allowed.
20-3: Transfer/Sale/Lending/Resale of This Service to Third Parties
This Service cannot be transferred, sold, lent, or resold to third parties other than customers. However, collaborating with a third party as a featured artist, producing music, and releasing it in the customer's name is allowed.
20-4: Transfer/Sale/Lending/Resale of Music Copyright to Third Parties
As stated in Article 4, the copyright belongs to the Beat Maker. Therefore, transferring, selling, lending, or reselling music copyrights to third parties is not allowed.
20-5: Transfer/Sale/Lending/Resale of the Beat Itself to Third Parties
As stated in Article 4, the copyright belongs to the Beat Maker. Therefore, transferring, lending, or reselling the track itself is not allowed.
20-6: Karaoke Distribution
Karaoke distribution is not allowed.
20-7: Modification of Beat Composition or Pitch
Except for cases where options such as "stem data" or "pitch composition change" have been purchased, modifying the beat is not allowed.
20-8: Distribution of Videos with the Beat as the Main Content
Videos produced with the beat as the main content, such as music videos or lyric videos that do not feature the customer's vocals, are not allowed to be distributed.
20-9: Cancellation of Process
Cancellation is possible before the start of the commercial use license registration process, but it is not allowed after the process has started. Additionally, behaviors that lead to a lack of communication during the process are prohibited.
20-10: Use Contrary to Social Norms and Public Order and Morality
Use contrary to social norms and public order and morality is not allowed.
20-11: Actions That Damage the Reputation and Social Evaluation of the Company and Beat Makers
Actions that allow third parties to identify the Company and Beat Makers in a manner that damages their reputation, social, or business evaluations are prohibited.
20-12: Other Actions Deemed Inappropriate by the Company
Actions not explicitly mentioned in the prohibitions of this Agreement may still be prohibited at the Company's discretion if they are deemed inappropriate.
Article 21: Penalties
In the event of a failure to fulfill obligations or prohibited activities as defined in this Agreement, the Company may impose the following penalties on customers:
- A fine of $500
- Claims for damages commensurate with the harm caused
- Termination of all commercial license agreements (including past agreements)
- Removal of all content from various platforms
- Filing a complaint with the police in cases where copyright law violations occur and a civil settlement is not possible
Article 22: Disclaimer
The Company and Beat Makers shall not be held liable for any troubles that may arise when using this Service, except in cases of intentional or gross negligence. Additionally, the Company reserves the right to change, delete, or close the Service without prior notice.
Article 23: Amendment of the Agreement
The Company may change this Agreement within the scope of the Service's objectives as needed. In such cases, the Company will notify customers of the content and effective date of the revised Agreement through its website or by the method specified by the Company. The revised Agreement will take effect from the effective date. Therefore, customers should review this Agreement before each purchase.
Article 24: Governing Law and Jurisdiction
This Agreement is written in Japanese, and Japanese law governs it. Disputes arising between customers and the Company related to the Service will be subject to the exclusive jurisdiction of the court located at the Company's address for the first-instance trial.
Note: This is a translation of the provided text, and the original text in Japanese is the legally binding version.
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