Answers to Frequently Asked Questions about Royalty Free Music
Unsure of something? Here are some frequently asked questions about Royalty Free music from Free Up Down Under. We have also included some guidelines for getting the most from your investment.
However, if in doubt contact us first. Just click on the link for the information you require:
1. What is Royalty Free Music?
2. Is "Copyright Free" the same as Royalty Free?
3. Is Buy Out Music "Royalty-Free"?
4. What rights am I "buying out" when I purchase Royalty Free music?
5. Can a friend at another facility use the music?
6. Can I charge my clients a fee for the music?
7. Can I use Royalty Free music at a trade show?
8. What if my project is broadcast?
10. Are theatrical motion pictures covered by the standard licence?
11. How long does copyright last?
12. What is the sub-licence and do I have to sign it?
13. Guide to getting the most from Royalty Free Music
14. Here's what you CAN do, once you have paid for, signed and returned the licence agreement.
16. What else you should know.
Errors & Omissions
We try to be as accurate as possible in everything we do, but gremlins are a fact of life. So please understand that all our specifications and descriptions are subject to change without notice. Also, what follows is not legal advice. We're not lawyers. If you're not sure about anything please call us or drop us a line at: freeup@royaltyfree.com.au
1. What is Royalty Free Music?
Does this mean no royalty payments? A. No it doesn't mean no royalties, but rather no ongoing royalty payments. Instead of a per use fee or laser drop fee, our licence grants you a 'lifetime blanket'. This form of licensing lets you use the music worldwide as many times as you like for a one time charge. Your licensed uses include audio, video, industrial films and slide presentations as well as multimedia, television, radio and satellite broadcast. Royalty free really means royalties paid up front.
2. Is "Copyright Free" the same as Royalty Free?
No, the term "copyright free" is a misnomer. Even if a piece of music is in the public domain, the sound recording is probably under copyright. Other so called "licence free" approaches can be misleading as well. While they avoid the "work" of signing a licence agreement, they also avoid spelling out the rights you think you are buying.
3. Is Buy Out Music Royalty-Free?
Yes, in the sense that you pay all of your costs for licensed uses up front (cost of media plus licence to use the music). Perhaps a better term would be "royalty up front".
4. What rights am I "buying out" when I purchase Royalty Free music?
Basically there are 3 rights you need for AV, Video: Mechanical, Synchronisation and Public Performance. The mechanical right lets you re-record the music. The synchronisation right lets you put the music into time relationship with a picture. Finally, you need the Public Performance right. Our Licence provides you with all 3 important rights.
5. Can a friend at another facility use the music?
Your licence doesn't cover this use. You may not lend, share or distribute the music or sound effects. Your licence is granted to one individual or organisation and site.
6. Can I charge my clients a fee for the music?
You can charge your clients for the music you include in their projects when you also add other audio and or visual elements. Your investment in a Royalty Free library can provide you with significant added revenue. In fact, its very possible that you'll pay for your library purchase with your very first production.
7. Can I use Royalty Free music at a trade show?
Yes, indeed, even if you are producing an AV, Video project for a client who will actually be the exhibitor. It is a good idea to always supply your client with a copy of your licence along with your invoice. Some shows do require exhibitors to prove their right to use music.
8. What if my project is broadcast?
No problem at all. We do request that you list the music used on the relevant cue sheets. There is no additional fee of any kind for broadcast use. If you are the broadcaster, you would be covered under your arrangement with the Australian Performing Rights Association. (APRA) which has reciprocal arrangements with performing rights associations throughout the world (BMI, ASCAP etc) The necessary information for recording is in your sub-licence.
9. Can I sell, give away, rent, distribute internationally the video, multimedia project etc that includes royalty free music?
Yes, when the music is combined with other audio and or visual elements added by you, the Licensee, and when the music is not a featured part of any such project but rather an incidental or background element. You have worldwide non exclusive use of the music.
10. Are theatrical motion pictures covered by the standard licence?
No, but this use is available with an additional licence. Best to check with us first on this one.
11. How long does copyright last?
In Australia, copyright in a musical work lasts for 50 years after the work is commercially published. If the work is not commercially published, copyright lasts for the author's lifetime plus 50 years after the author's death. After 50 years the copyright lapses into the public domain and can't be renewed. In other countries, these terms may vary slightly, but the principle is the same.
12. What is the sub-licence and do I have to sign it?
The sub-licence guarantees you your rights to use the music as part of an audio-visual project over and over again.It also reiterates the requirement that the music becomes part of a new project containing other audio or visual elements, On-selling music alone is not permitted. The sub-licence also guarantees that we have the rights to distribute. Signing the licence and paying the invoice is what validates the agreement and guarantees permission for usage.
Please note: Copyright violations exist whether or not an agreement has been signed. Avoiding signing does not negate responsibility.
More info:
AUSTRALIAN COPYRIGHT ACT1968:
http://scaleplus.law.gov.au/html/histact/3/1627/top.htm
Copyright Law in Australia-A Short Guide-
http://law.gov.au/publications/copyrightaus97.htm
Australian Copyright Council:
http://www.copyright.org.au/ APRA
13. Guide To Getting The Most From Royalty Free Music
Please read carefully and in conjunction with your Licence Agreement. Remember also, one copy of your sub-licence agreement must be signed & returned along with payment for your rights to be validated.
14. Here's what you CAN do, once you have paid for, signed and returned the licence agreement.
1. Use the music in your and or your client's corporate, educational, instructional, promotional video production, non-feature film, television & radio commercials, radio, multi-media and AV presentations and for on-hold.
2. The production containing the music may be used by you, sold, given away or broadcast worldwide with no additional payments due to Free Up Down Under.
3. You (or your client) may exhibit the production in public.
4. Use the music for the length of the term of the licence without additional charges or royalty payments being due to Free Up Down Under (see special conditions below)
1. Re-record or change the music in any way without the written consent of the owners. (You may, however, edit the music to fit your needs.)
2. Use the music without any substantial audio or visual component.
3. Claim ownership or authorship of the music represented under this license agreement.
4. Transfer, share, give away or sub licence the music (or any other of your rights under this license agreement) with any other party.
5. Sell the music outright to any other individual or party. (Although you may charge a search fee or recording fee as part of your production.)
6. Use the music for illicit or indecent productions or in breach of any laws.
16. What else you should know.
1. We suggest that you provide your clients with a copy of the licence agreement to prove the legitimacy of the music.
2. You and your client shall have worldwide, non-exclusive, non-assignable, non-divisible rights for the unlimited use of the music in synchronisation with other audio and or visual elements added by you for broadcast or non-broadcast purposes apart from the above restrictions.
3. Please ensure credits are given when other credits appear and where deemed suitable.
4. All music distributed by Free Up Down Under Pty Ltd is protected by copyright law. Any unauthorised use of this music is subject to legal action.
5. In some cases, you may have to obtain a separately negotiated addition to your licence agreement, if you want to use the music in a feature film. (If you're not sure, write, fax or call us at Free Up Down Under).
A. Any violation of this licence will automatically void the licence and the rights conveyed by it, Free Up Down Under, Royalty Free Music was established to make your business more profitable and to make life easier for you.
When a program containing music from our libraries is broadcast over television, satellite, cable or radio, then please identify the music on the relevant cue sheets. The broadcaster can then file accurate cue sheets with the appropriate performing rights society, such as APRA. Check your sub-licence. In this case, the broadcaster may be responsible to the relevant performing rights society for royalties due on such broadcasts. However, no further payments will be due to Free Up Down Under. Remember, Broadcast fees and Public Performance fees are not the same thing. Broadcast fees are paid by the broadcast companies usually as a blanket fee. Listing the music on your cue sheet simply means the writers get a share of the fee that is paid anyway
STILL UNSURE? THEN CALL US.
Errors & Omissions
We try to be as accurate as possible in everything we do, but gremlins are a fact of life. So please understand that all our specifications and descriptions are subject to change without notice. Also, the above is not legal advice. We're not lawyers. If you're not sure about anything please call us or drop us a line at: freeup@royaltyfree.com.au
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