If purchasing license to use a custom written song, please scroll down to ‘TERMS AND CONDITIONS: SOUL SONG’ section
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TERMS AND CONDITIONS: SOUL SONG
This Agreement is dated as at the date of order placement
LIVVI MUSIC (ABN 64 829 956 018) of 27 Amaroo Drive, Chelsea Heights, 3196 and CLIENT (LIVVI MUSIC);
CLIENT wishes to procure the services of LIVVI MUSIC to compose, record and produce a song. CLIENT is also seeking a royalty free license to publicly perform the Songs
In order to publicly perform the songs as such CLIENT is also seeking a royalty free license to feature the music on their social media platforms, podcasts and website.
IT IS AGREED:
LIVVI MUSIC will compose and/or arrange and produce master recordings of one (1) musical work of between one and a half minutes to three and a half minutes duration.
This is the grant of a license, not a transfer of title.
Nothing in this Agreement assigns any rights or title in the Songs or Master Recordings to CLIENT. LIVVI MUSIC reserves all rights in the Songs and Master Recordings.
Subject to prior existing rights granted to APRA / AMCOS
PUBLIC PERFORMANCE AND REPRODUCTION LICENSE
LIVVI MUSIC grants the CLIENT royalty free license to perform the Songs and Master Recordings
The song may be used in the CLIENT’S podcasts, Facebook, TikTok, YouTube, Instagram, website, course material and speaking engagements.
The license is to be *exclusive to the client for 3 or 5 years from the date of receipt of the song (depending on option chosen by the client upon purchase), with the exception that LIVVI MUSIC, as creator and owner of the song, may use the song on her platforms to demonstrate her repertoire of works.
LIVVI MUSIC is able to include the song on her platforms to demonstrate repertoire.
The CLIENT may not upload the song to music distribution platforms such as Spotify, Apple Music, YouTube Music, Pandora, Amazon Music, Tidal, Napster and Yandex. The CLIENT may include the song in playlists where the song is already uploaded to the platform by LIVVI MUSIC.
The CLIENT may not sell or transfer them to a third party.
At the end of the exclusive period, the CLIENT may continue to use the song with a non-exclusive license ongoing at no extra charge or negotiate to continue an exclusive license.
BRIEF AND PREPARATION
CLIENT will participate in a consultation 30 – 60 minutes duration with LIVVI MUSIC. The client will also provide access to LIVVI MUSIC to any courses or material which may be relevant to the topic of the song LIVVI MUSIC is to create a song about. These measures are to assist LIVVI MUSIC gather background information to enable her to create the song.
LIVVI MUSIC will deliver the song as a completed work, fully produced and recorded as an MP3 and wave file. Lead time is within 6 weeks of the date of the consultation (provided access to relevant courses and materials is also given by this time). If it becomes apparent that this lead time cannot be met, for example, due to the unavailability of a musical producer, LIVVI MUSIC will contact the CLIENT and seek approval for an extension.
LIVVI MUSIC offers up to 3 performance revisions on the song created (different bass sound, changing or adding an instrument you make like better). Completely starting over and creating an entirely new song has additional fees.
The agreed amount shall be paid in full to LIVVI MUSIC by the CLIENT upon placement of the order.
LIVVI MUSIC is not registered for the GST and therefore GST is not applicable at the time of purchase.
Either party may terminate the agreement with 30 days’ notice in writing following a breach of any part of the agreement that is not rectified within fourteen days of notification of breach. A partial refund of 50% will be made from LIVVI MUSIC to the CLIENT should LIVVI MUSIC have commenced works on the song, which may include time spent absorbing the content of the CLIENT’S relevant materials, consultation calls, song writing and or production of the song.
Upon such termination of the agreement by LIVVI MUSIC, CLIENT’s license to publicly perform the Songs and Master Recordings is cancelled immediately and any and all digital versions of the Songs must be permanently deleted from all media by the CLIENT.